PREAMBLE OF THE CONSTITUTION

  • It is an introduction to the constitution. 
  • It is the key to know minds of the makers of constitution 
  • It contains themes and philosophy which are. Co-terminus principles of freedom struggle and aspirations of people. 

Nature of Preamble 

  • It is non-justiciable, that is, it can't be enforced in court of law. 
  • It is non-operative part of a constitution. 
  • It neither confers substantive power nor limits executive and judiciary. 
  • Government and judiciary derive their power from respective provisions of constitution. Any provision that can be interpreted in more than one manner which will be accepted of it is in consequence with the preamble. 
  • It helps the judiciary in making decisions. 
  • It helps the states in deciding directions of their policies.

Ideals and Aspirations of Preamble 

Ideals are the means to achieve goals. Following are the ideals of the Preamble: 

1. Sovereignty:

It means supreme political power of state which is unlimited and uncontrolled. India is neither a dependency nor a dominion of any other nation and its free to conduct is own affairs (both internal and external). 

2. Socialist:

The ownership control of resources is with the society and Indian socialism is "democratic socialism" and not a "communistic socialism". As the Supreme Court says, "Democratic socialism aims to end poverty, ignorance, disease, and inequality of opportunity. Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards Gandhian socialism." The socialist goals are found in the Directive Principles and State Policy of the constitution. 

1. Article 39-B: The government shall take steps to provide equitable distribution of resources. 

2. Article 39-C: Prevention of concentration of wealth to common deterrents (in few hands). 

3. Secularism:

Indian secularism is based on 'Sarv Dharm Sambhav', i.e. all religions are equal. The Indian constitution embodies the positive concept of secularism, i.e., all religions in our country (irrespective of their strength) have the same status and support from the state and accordingly Articles 25 to 28 (guaranteeing the fundamental right to freedom of religion) have been included in the constitution. 

4. Democratic:

A Democratic polity is based on the principle that the possession of supreme power is vested with the people. 

1. Democracy: It is the government of the people, for the people, by the people. It is a political democracy i.e. democratic government based on one-man-one vote type of universal adult franchise (Article 326) 

2. Social Democracy: This implies equal opportunity to men and women irrespective of their caste. 

3. Economic Democracy: This implies equitable distribution of resources. 

5. Republic:

In a Republic, the Head of state is elected by the state directly or indirectly. It is not based on heredity. A Republic also means two more things: 

  • first, vesting of political sovereignty in the people and not in a single individual like a king;
  • second, the absence of any privileged class and hence all public offices being opened to every citizen without any discrimination.

6. Justice:

The term 'justice' in the Preamble embraces three distinct forms—social, economic, and political—secured through various provisions of Fundamental Rights and Directive Principles. 

1. Social Justice: This implies that there is no discrimination of the citizens on the basis of artificial classification like untouchability, abolition of titles, etc. 

2. Political Justice: This implies that all citizens should have equal political rights, equal access to all political offices, and equal voice in the government. For example, Article 326 gives provistion for universal adult franchise. 

3. Economic Justice: This implies that there is no discrimination of the citizens on economic basis and there is equitable distribution of resources.

7. Liberty:

It means opportunities for the development of the individual without any restraints on his or her activity. For example, 

  • Freedom of thought and expression (Article 191-(a)). 
  • Freedom of belief, faith, and worship. 
  • Right to freedom to religion Article (25-20). 
    (a) Freedom from undue or arbitrary restraint especially by government. 
    (b) Freedom of individual to do what he considers best for himself, provided he does not violates the rights of other individuals. 

8. Equality:

It means absence of special privileges to any section of the society, and the provision of adequate opportunities for all individuals without any discrimination. 

9. Fraternity:

It means promotion of brotherhood among people. Fraternity also ensures dignity of individual and unity and integrity of the nation.