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PREAMBLE TO THE CONSTITUTION OF INDIA

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 preamble was adopted by the Constituent Assembly
after the Draft Constitution had been approved. 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.
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.
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 intend to
achieve through that constitution.
Objective and scope of 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 Preamble serves the following purposes:
a)

It indicates the source from which the Constitution comes, viz., the people of India.

b)
It contains the enacting clause which brings into force, the Constitution which makes it an
act of the people, for the people and by the people.
c)
It declares the rights and freedoms which the people of India intended to provide to all
citizens and the basic type of government and polity which was to be established.

Contents of Preamble:
Preamble is part of Indian constitution. The contents of Preamble play an important role
in interpretation of our constitution. The Preamble declares:

PREAMBLE
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.

WE, THE PEOPLE OF INDIA

The preamble begins with the words We the people of India thus clearly indicating the
source of all authority of the constitution. The words We, the people of India declares that the
Constitution has been adopted, enacted and given to themselves by the people of India. It
emphasizes the sovereignty of the people and the fact that all powers of government flow from
the people. It is the people of India on whose authority the Constitution rests. The preamble
surmises that it is the people of India who are the authors of the constitution.
The preamble says that the people of India enacted and adopted the constitution, after
having solemnly resolved It explains that the founding fathers had given a serious thought to
the provisions of the Constitution.

SOVEREIGN

Sovereignty denotes supreme and ultimate power. Sovereignty, in short, means the
independent authority of a state. It has two aspects- external and internal. External
sovereignty or sovereignty in international law means the independence of a state of the will of
other states. Internal sovereignty refers to the relationship between the states and the
individuals within its territory.

SOCIALIST

Oxford Dictionary defines socialism as a political and economic theory of a social


organization which advocates that the means of production, distribution and exchange should be
owned or regulated by the community as whole. The term socialist was used simply to indicate
that the goal of the state in India was to secure a better life for the people or equality of
opportunity.

SECULAR

The term secular inserted by the Constitution (42 nd Amendment) Act, 1976, explains that
the state does not recognize any religion as a state religion and that it treats all religions equally,
and with equal respect, without, in any manner, interfering with their individual rights of
religion, faith or worship. It does not mean that it is an irreligious or atheistic state. It neither
promotes nor practices any particular religion, nor does it interfere with any religious practice.
The constitution ensures equal freedom to all religions.

DEMOCRATIC

The term Democracy is derived from Greek words demos which means people and
kratos which means authority. It thus means government by the people. Democracy may
properly be defined as that form of government in the administration of which the mass of adult
population has some direct or indirect share. Democracy is a concept, a political philosophy, an
ideal practiced by many nations culturally advanced and politically matures by resorting to
governance by representatives of the people elected directly or indirectly. The basic principle of
democracy in a society governed by the rule of Law is not only to respect the will of the
majority, but also to prevent dictatorship of the majority.

REPUBLIC

A republic means a state in which the supreme power rests in the people and their elected
representatives or officers, as opposed to one governed by the king or a similar ruler. A republic
means a form of government in which the head of the state is an elected person and not a
heredity monarch like the king or the queen in Great Britain. Under such a system, the political
sovereignty is vested in the people and the head of the state is the person elected by the people
for a fixed term. In a wider sense, the word republic denotes a government where no one holds
the public power as a proprietary right, but all power is exercised for the common good-where
inhabitants are the subjects and free citizens at the same time.

JUSTICE

The preamble of the constitution of India professes to secure to all its citizens political,
economic and social justice. Social justice means the abolition of all sorts of inequities which
may result from the inequalities of wealth, opportunity, status, race, religion, caste, title and the
like. To achieve this ideal of social justice, the constitution lays down the directives for the state
in Part IV of the constitution.
The expression economic justice means justice from the stand pint of economic force. In
short, it means equal pay for equal work, that every person should get his just dues for his labor
irrespective of his caste, sex or social status.
Political justice means the absence of any unreasonable or arbitrary distinction among men in
political matters. The constitution has adopted the system of universal adult suffrage, to secure
political justice.

LIBERTY

The preamble of constitution of India professes to secure liberty of belief, thought,


expression, faith and worship which are essential to the development of the individuals and the
nation. Liberty or freedom signifies absence of external impediments of motion. It implies
absence of restraint. Liberty is power of doing what is allowed by law. Liberty in the preamble of
constitution of India does not mean mere absence of restraint of domination. Liberty is the most
cherished possession of a man. Liberty is the right of doing an act which the law permits.
Constitution has recognized the existence of rights in every man. Liberty is confined and
controlled by law, whether common law or statute. It is a regulated freedom. It is not an abstract
or absolute freedom.

EQUALITY

The Preamble declares Equality as the third objective of the Constitution. Equality means two
basic things:
(i) Equality of status i.e. natural equality of all persons as equal and free citizens of India
enjoying equality before law.
(ii) Equality of opportunity i.e. adequate opportunities for all to develop. For securing the
equality of status and opportunity, the Constitution of India grants and guarantees the
fundamental Right to Equality.

FRATERNITY

Fraternity means the spirit of brotherhood, a feeling that all people are children of the
same soil, the same motherland. Brotherhood is a particular kind of relationship which links all
human beings, irrespective of gender and generation. A democratic system will function in a
healthy manner only if there is a spirit of brotherhood, oneness among the people of the land.
Fraternity is not possible unless the dignity of each individual is preserved and mutually
respected. Among them all promotes, more particularly the word all-not only among under
privileged classes but also among the entire people of India. Do hereby adopt, enact etc. has
been borrowed from the last line the preamble of the Irish constitution. In the words of the
Supreme Court- fraternity means a sense of common brotherhood of all Indians.

Dignity of the Individual

Dignity of the individuals is to be maintained for the promotion of fraternity. Therefore,


the preamble of the constitution of India assures the dignity of each and every individual. This
dignity is assured by securing to each individual equal fundamental rights and at the same time,
by laying down a number of directives for the state to direct its policies towards, inter alia,
securing to all citizens, men and women equally, the right to an adequate means of livelihood,
just and humane conditions of work, a decent standard of life. The constitution of India seeks to
achieve dignity of individual by guaranteeing equal fundamental rights to each individual, so
that he can enforce minimal rights, if invaded by anybody in the court of law. Dignity of
individual in a nation is the dignity of the nation itself.

Preamble of Constitution of India: (5 Features)


The Constitution of India begins with a Preamble which describes the nature of the Indian State
and the objectives it is committed to secure. The features of Indian Preamble are:
I. The Source of Authority:
Popular Sovereignty:
The Preamble categorically accepts the principle of Popular Sovereignty. It begins with the
words: We the people of India. These words testify to the fact that the people of India are the
ultimate source of all authority. The Government derives its power from them.
II. Nature of State:
The Preamble describes five cardinal features of the Indian state:
(1) India is a Sovereign State:
The Preamble proclaims that India is a sovereign state. Such a proclamation denotes the end of
rule over India. It testifies to the fact that India is no longer a dependency or colony or
possession of British Crown. As a sovereign independent state, India is free both internally and
externally to take her own decisions and implement these for her people and territories.
(2) India is a Socialist State:
In 1976, the Preamble was amended to include the word Socialism. It is now regarded as a
prime feature of the State. It reflects the fact that India is committed to secure social, economic
and political justice for its entire people. India stands for ending all forms of exploitation as well
as for securing equitable distribution of income, resources and wealth.
(3) India is a Secular State:
By the 42nd Amendment, the term Secular was incorporated in the Preamble. Its inclusion
simply made the secular nature of the Indian Constitution more explicit. As a state India gives

special status to no religion. There is no such thing as a state religion of India. India guarantees
equal freedom to all religions. All religions enjoy equality of status and respect.
(4) India is a Democratic State:
The Preamble declares India to be a Democratic State. The Constitution of India provides for a
democratic system. The authority of the government rests upon the sovereignty of the people.
The people enjoy equal political rights. The people freely participate in the democratic process of
self rule.
They elect their government. For all its acts, the government is responsible before the people.
The people can change their government through elections. The government enjoys limited
powers. It always acts under the Constitution which represents the supreme will of the people.
(5) India is a Republic:
The Preamble declares India to be a Republic. This means that India is not ruled by a monarch or
a nominated head of state. Positively, it means that India has an elected head of state who wields
power for a fixed term. President of India is the elected sovereign head of the state. He holds
tenure of 5 years.
III. Four Objectives of the Indian State:
The Preamble lists four cardinal objectives which are to be secured by the state for all its
citizens.
These are:
(1) Justice:
The preamble of the constitution of India professes to secure to all its citizens political, economic
and social justice. Social justice means the abolition of all sorts of inequities which may result
from the inequalities of wealth, opportunity, status, race, religion, caste, title and the like. To
achieve this ideal of social justice, the constitution lays down the directives for the state in Part
IV of the constitution.

The expression economic justice means justice from the stand pint of economic force. In short,
it means equal pay for equal work, that every person should get his just dues for his labor
irrespective of his caste, sex or social status.
Political justice means the absence of any unreasonable or arbitrary distinction among men in
political matters. The constitution has adopted the system of universal adult suffrage, to secure
political justice.
(2) Liberty:
The Preamble declares liberty to be the second cardinal objective to be secured. It includes
liberty of thought, expression, belief, faith and worship. The grant of Fundamental Rights (Part
III) including the right to freedom is designed to secure this objective. Liberty of faith and
worship is designed to strengthen the spirit of secularism.
(3) Equality:
The Preamble declares Equality as the third objective of the Constitution. Equality means two
basic things:
(i) Equality of status i.e. natural equality of all persons as equal and free citizens of India
enjoying equality before law.
(ii) Equality of opportunity i.e. adequate opportunities for all to develop. For securing the
equality of status and opportunity, the Constitution of India grants and guarantees the
fundamental Right to Equality.
(4) Fraternity:
Promotion of Fraternity among the people is the fourth objective is to promote Fraternity among
all the people. Fraternity means the inculcation of a strong feeling of spiritual and psychological
unity among the people. It is designed to secure dignity of the individual and unity and integrity
of the nation.

IV. Date of Adoption and Enactment:


In its final paragraph, the Preamble specifies the important historical fact that the Constitution
was adopted on 26 November, 1949. It was on this day that the Constitution received the
signatures of the President of the Constituent Assembly and was declared passed.
V. Self-made Constitution:
The Constitution of India is an adopted, enacted and self-made constitution. It was adopted and
enacted by the Constituent Assembly acting as the elected representative body of the people of
India. The Preamble states the philosophical foundations of the Constitution India and
enumerates its objectives.
It constitutes a Key for the interpretation of the Constitution. It is a part of the Basic
Structure of the Constitution. Through, its Preamble, the Constitution a commits itself to
Democracy, Republicanism, Socialism, Secularism, Liberalism and Welfare State. The Preamble
states the objectives which the Constitution is committed to secure for all the people of India.

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