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Preamble: A key to open the minds of the framers of the Constitution on 24th July 2009, 10:42 am
Subramonian
Introduction
The Preamble to a Constitution embodies the fundamental values and the philosophy, on which the Constitution is based, and the aims and objectives, which the founding fathers of the Constitution enjoined the polity to strive to achieve. The importance and utility of the Preamble has been pointed out in several decisions of the Supreme Court of India.
Though, by itself, it is not enforceable in Court of Law, the Preamble to a written Constitution states the objects which the constitution seeks to establish and promote and also aids the legal interpretation of the Constitution where the language is found to be ambiguous. The Preamble to our Constitution serves, two purposes:
(a) It indicates the source from which the constitution derives its authority.
(b) It also states the objects which the constitution seeks to establish and promote.
The words- We, the people of India. adopt, enact and give to ourselves this Constitution?, thus, declare the ultimate sovereignty of the people of India and that the constitution rests on their authority . Sovereignty means the independent authority of a state. It means that it has the power to legislate on any subject; and that is not subject to the control of any other state or external power. The Preamble declares, therefore, in unequivocal terms that the source of all authority under the Constitution is the people of India and that there is no subordination to any external authority. It means a government by the people and for the people.
Thus, though India declares her Sovereignty to manage her own affairs, in no unmistakable terms, the Constitution does not support isolationism. The picture of a democratic republic which the Preamble envisages is democratic not only from the political but also from the social standpoint; in other words, it envisages not only a democratic form of government but also a democratic society, infused with the spirit of justice, liberty, equality and fraternity.
(a) As a form of government, the democracy, which is envisaged, is, of course, a representative democracy and there are in our Constitution no agencies of direct control by the people, such as referendum or initiative. The Constitution holds out equality to all citizens in the matter of choices of their representatives, who are to run the governmental machinery. The ideal of a democratic republic enshrined in the Preamble of the Constitution can be best explained with the reference to the adoption of universal suffrage.
(b) The offering of equal opportunity to men and women, irrespective of their caste and creed, in the matter of public employment also implements this democratic ideal. The treatment of minorities, even apart from the constitutional safeguards, clearly brings out that those in power have not overlooked the philosophy underlying the Constitution.
That this Democratic Republic stands for the good of all the people is embodied in the concept of a ?Welfare State? that inspires the Directive Principles of State policy. The economic justice assured by the Preamble can hardly achieved if the democracy envisaged by the Constitution were confined to a political democracy.
An India, in which the poorest shall feel that it is their country in whose making an effective voice? an India in which all communities shall live in perfect harmony.
WORDS IN PREAMBLE: JUDICIALLY DEFINED WE, THE PEOPLE OF INDIA
Nowhere does a Constitution state expressly or declare that all powers vest in the ultimate analysis in the people of India or the ultimate or residual power or the sovereignty vests in the people of India.
Preamble:
The Preamble to the Constitution, which as amended in 1976, summarizes the aim and objective of the Constitution: -
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;
Fundamental Rights:
The provisions of Part III of our Constitution, which enumerates the Fundamental Rights, are more elaborate than those of any other existing written Constitutions of the World and cover a wide range of topics.
The Purpose of the Fundamental Rights are to act as limitations not only upon the powers of the Executive but also upon the power of the Legislature. The model has been taken from the Constitutions of The United States, though The Indian Constitutions does not go so far, and rather affects the compromise between the doctrines of Parliamentary Sovereignty and Judicial Supremacy.
The Constitutions itself classifies the Fundamental Rights under seven groups as follows: -
a.Right to Equality
b.Right to Particular freedoms
c.Right against Exploitation
d.Right to freedom of religion
e.Cultural and educational rights
f.Right to Constitutional remedies
g.Right to property – has been eliminated by the 44th amendment Act, thus only six freedom now remain, in Article 19 (1).
FundamentalDuties:
A countervailing factor has been introduced by the 42nd amendment Act of 1976, known as the Fundamental Duties. These duties are mentioned in Art. 51A.
Under this Article, it shall be the duty of every citizen of India: -
I. To abide by the Constitution and respect the national flag and the national anthem;
II. To cherish and follow the noble ideals which inspired our national struggle for freedom;
III. To protect the Sovereignty, unity and integrity of India;
IV. To defend the country;
V. To promote the spirit of common brotherhood amongst all the people of India;
VI. To preserve the rich heritage of our composite culture;
VII. To protect and improve the natural environment;
VIII. To develop the scientific temper and spirit of inquiry;
IX. To safeguard Public property;
X. To strive towards excellence in all spheres of individual and collective activity.
These duties are not themselves enforceable in The Courts nor their violation, as such, punishable, nevertheless, if a Court, before which a Fundamental Right is sought to be enforced, has to be read all parts of the Constitution, it may refuse to enforce a Fundamental Right at the instance of an individual who has patently violated any of the duties specified in Art. 51A
Thus as a conclusion The Preamble seeks to establish what Mahatma Gandhi described as The India of my Dreams,
“…an India in which the poorest shall feel that it is their country in whose making they have an effective voice; …an India in which all communities shall leave I perfect harmony. There can be no room in such an India for the curse of untouchability or the curse of Intoxicating drinks and drugs. Woman will enjoy as the same rights as man.”
The Preamble to a Constitution embodies the fundamental values and the philosophy, on which the Constitution is based, and the aims and objectives, which the founding fathers of the Constitution enjoined the polity to strive to achieve. The importance and utility of the Preamble has been pointed out in several decisions of the Supreme Court of India.
Though, by itself, it is not enforceable in Court of Law, the Preamble to a written Constitution states the objects which the constitution seeks to establish and promote and also aids the legal interpretation of the Constitution where the language is found to be ambiguous. The Preamble to our Constitution serves, two purposes:
(a) It indicates the source from which the constitution derives its authority.
(b) It also states the objects which the constitution seeks to establish and promote.
The words- We, the people of India. adopt, enact and give to ourselves this Constitution?, thus, declare the ultimate sovereignty of the people of India and that the constitution rests on their authority . Sovereignty means the independent authority of a state. It means that it has the power to legislate on any subject; and that is not subject to the control of any other state or external power. The Preamble declares, therefore, in unequivocal terms that the source of all authority under the Constitution is the people of India and that there is no subordination to any external authority. It means a government by the people and for the people.
Thus, though India declares her Sovereignty to manage her own affairs, in no unmistakable terms, the Constitution does not support isolationism. The picture of a democratic republic which the Preamble envisages is democratic not only from the political but also from the social standpoint; in other words, it envisages not only a democratic form of government but also a democratic society, infused with the spirit of justice, liberty, equality and fraternity.
(a) As a form of government, the democracy, which is envisaged, is, of course, a representative democracy and there are in our Constitution no agencies of direct control by the people, such as referendum or initiative. The Constitution holds out equality to all citizens in the matter of choices of their representatives, who are to run the governmental machinery. The ideal of a democratic republic enshrined in the Preamble of the Constitution can be best explained with the reference to the adoption of universal suffrage.
(b) The offering of equal opportunity to men and women, irrespective of their caste and creed, in the matter of public employment also implements this democratic ideal. The treatment of minorities, even apart from the constitutional safeguards, clearly brings out that those in power have not overlooked the philosophy underlying the Constitution.
That this Democratic Republic stands for the good of all the people is embodied in the concept of a ?Welfare State? that inspires the Directive Principles of State policy. The economic justice assured by the Preamble can hardly achieved if the democracy envisaged by the Constitution were confined to a political democracy.
An India, in which the poorest shall feel that it is their country in whose making an effective voice? an India in which all communities shall live in perfect harmony.
WORDS IN PREAMBLE: JUDICIALLY DEFINED WE, THE PEOPLE OF INDIA
Nowhere does a Constitution state expressly or declare that all powers vest in the ultimate analysis in the people of India or the ultimate or residual power or the sovereignty vests in the people of India.
Preamble:
The Preamble to the Constitution, which as amended in 1976, summarizes the aim and objective of the Constitution: -
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;
Fundamental Rights:
The provisions of Part III of our Constitution, which enumerates the Fundamental Rights, are more elaborate than those of any other existing written Constitutions of the World and cover a wide range of topics.
The Purpose of the Fundamental Rights are to act as limitations not only upon the powers of the Executive but also upon the power of the Legislature. The model has been taken from the Constitutions of The United States, though The Indian Constitutions does not go so far, and rather affects the compromise between the doctrines of Parliamentary Sovereignty and Judicial Supremacy.
The Constitutions itself classifies the Fundamental Rights under seven groups as follows: -
a.Right to Equality
b.Right to Particular freedoms
c.Right against Exploitation
d.Right to freedom of religion
e.Cultural and educational rights
f.Right to Constitutional remedies
g.Right to property – has been eliminated by the 44th amendment Act, thus only six freedom now remain, in Article 19 (1).
FundamentalDuties:
A countervailing factor has been introduced by the 42nd amendment Act of 1976, known as the Fundamental Duties. These duties are mentioned in Art. 51A.
Under this Article, it shall be the duty of every citizen of India: -
I. To abide by the Constitution and respect the national flag and the national anthem;
II. To cherish and follow the noble ideals which inspired our national struggle for freedom;
III. To protect the Sovereignty, unity and integrity of India;
IV. To defend the country;
V. To promote the spirit of common brotherhood amongst all the people of India;
VI. To preserve the rich heritage of our composite culture;
VII. To protect and improve the natural environment;
VIII. To develop the scientific temper and spirit of inquiry;
IX. To safeguard Public property;
X. To strive towards excellence in all spheres of individual and collective activity.
These duties are not themselves enforceable in The Courts nor their violation, as such, punishable, nevertheless, if a Court, before which a Fundamental Right is sought to be enforced, has to be read all parts of the Constitution, it may refuse to enforce a Fundamental Right at the instance of an individual who has patently violated any of the duties specified in Art. 51A
Thus as a conclusion The Preamble seeks to establish what Mahatma Gandhi described as The India of my Dreams,
“…an India in which the poorest shall feel that it is their country in whose making they have an effective voice; …an India in which all communities shall leave I perfect harmony. There can be no room in such an India for the curse of untouchability or the curse of Intoxicating drinks and drugs. Woman will enjoy as the same rights as man.”