how do the objectives stated in the preamble ensure the growth and development of the nation
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Answer:
The Preamble, often viewed as the manifestation of the vision of the drafters of our Constitution, has secured its own niche in public and academic debates. The author of this paper has attempted to sift through debates to analyze the Preamble from several perspectives. This paper is a compilation of well-researched case law and comprises a comprehensive analysis of the various aspects involved in the topic. The author does have a tendency to go into mundane details in certain parts but manages to preserve the originality of the paper.
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.
Chief Justice Subba Rao in Golak Nath v. State of Punjab[i] had held that “The preamble to an Act sets out the main objectives which the legislation is intended to achieve”.
Unlike the Constitution of Australia, Canada or the U.S.A., the constitution of India has an elaborate preamble. The purpose of the preamble is to clarify who has made the constitution, what is its source, what is the ultimate sanction behind it, what is the nature of the polity which is sought to be established by the constitution.
History of the Preamble
The Preamble to the Indian constitution is based on “Objective Resolution” of Nehru. Jawaharlal Nehru introduced an objective resolution on December 13, 1947, and it was adopted by Constituent assembly on 22 January 1947. The drafting committee of the assembly in formulating the Preamble in the light of “Objective Resolution” felt that the Preamble should be restricted to defining the essential features of the new state and its basic socio-political objectives and that the other matters dealt with Resolution could be more appropriately provided for in the substantive parts of the Constitution.
The committee adopted the expression ‘Sovereign Democratic Republic’ in place of ‘Sovereign Independent Republic’ as used in the “Objective Resolution,” for it thought the independence was implied in the word Sovereign. The committee added the word Fraternity which was not present in the Objective Resolution. “The committee felt that the need for fraternal concord and goodwill in India was never greater than now and that this particular aim of the new Constitution should be emphasized by special mention in the Preamble.”[ii] In other respect the committee tried to embody in the Preamble “the spirit and, as far as possible, the language of “Objective Resolution.”
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]
The Constitution opens with a Preamble. Initially, the Preamble was drafted by Sh. B. N. Rau in his memorandum of May 30, 1947, and was later reproduced in the Draft of October 7, 1947. In the context of the deliberations by the Constituent Assembly, the Preamble was reformulated.
The Committee claimed that they had tried to embody in it the spirit, and as far as possible, the language of the Objectives Resolution.[vi] Constitutions all over the world generally have a preamble. The form, content, and length of the preamble differ from constitution to constitution. Irrespective of these differences the preamble generally sets the ideas and goals which the makers of the constitution intended to achieve through that constitution.
Answer:
The preamble to the Constitution of India is a brief introductory statement that sets out guidelines, which guide the people of the nation, and to present the principles of the Constitution, and to indicate the source from which the document derives its authority.