Essay on “Views about Principles of Equality, Justice, Liberty, Equality and Fraternity laid down in the Preamble”.2 pages essay....
Answers
Introduction
The Preamble to the Constitution of India records the aims and aspirations of the people of India which have been translated into the various provisions of the Constitution. A Preamble means the introduction to the statute. The objectives before the Constituent Assembly were to Constitute India into a “sovereign democratic republic” and to secure its citizens “justice liberty, equality, and fraternity”. The ultimate aim of the makers of the Constitution was to have a welfare state and an egalitarian society projecting the aims and aspirations of the people of India who sacrificed everything for the attainment of country’s freedom.
It is worthwhile to note that the preamble was adopted by the Constituent Assembly after the Draft Constitution had been approved. The basic idea behind it was the preamble should be in conformity with the provisions of the constitution and express in a few words the philosophy of the constitution. It may be recalled that after the transfer of power, the Constituent Assembly became sovereign, which is reflected in the use of words “give to ourselves this constitution” in the preamble. It also implied that the preamble emanated from the people of India and sovereignty lies with them.
Meaning and Concept
The term ‘Preamble’ means the introduction to a statute. It is the introductory part of the constitution. A preamble may also be used to introduce a particular section or group of sections.[iii] According to Chambers Twentieth Century Dictionary, a preamble means preface, introduction, especially that of an act of Parliament, giving its reasons and purpose – a prelude. [iv]
Object, Purpose, and Scope of the Preamble
The Preamble does not grant any power but it gives a direction and purpose to the Constitution. It outlines the objectives of the whole Constitution. The Preamble contains the fundamentals of the constitution. The preamble to an Act sets out the main objectives which the legislation is intended to achieve.
The proper function of the preamble is to explain and recite certain facts which are necessary to be explained and recited before the enactment contained in an act of Parliament could be understood. A preamble may be used for other reasons, such as, to limit the scope of certain expressions or to explain facts or introduce definitions. It usually states or professes to state, the general object and meaning of the legislature in passing the measure.
Amendment to the Preamble
The issue that whether the preamble to the constitution of India can be amended or not was raised before the Supreme Court in the famous case of Kesavananda Bharati v. State of Kerala, 1973[xiv]. The Supreme Court has held that Preamble is the part of the constitution and it can be amended but, Parliament cannot amend the basic features of the preamble. The court observed, “The edifice of our constitution is based upon the basic element in the Preamble. If any of these elements are removed the structure will not survive and it will not be the same constitution and will not be able to maintain its identity.”[xv]
The preamble to the Indian constitution was amended by the 42nd Amendment Act, 1976 whereby the words Socialist, Secular, and Integrity were added to the preamble by the 42nd Amendment Act, 1976, to ensure the economic justice and elimination of inequality in income and standard of life. Secularism implies equality of all religions and religious tolerance and does not identify any state religion. The word integrity ensures one of the major aims and objectives of the preamble ensuring the fraternity and unity of the state.
“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY, of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”