New Delhi: Constitution Day has been observed every year since November 26, 2015. This year marks the 75th anniversary of adopting the Constitution of India on November 26, 1949. However, the Constitution came into effect on January 26, 1950. The important part of the Constitution is the ‘Preamble’.
The idea of the Preamble is borrowed from the United States of America’s Constitution. The ‘Preamble’ is the soul of the Constitution and reflects its core constitutional values. In this article, let us look at why and how the Preamble became a part of the Constitution.
Preamble: Definition
According to Merriam-Webster, Preamble is defined as
1) An introductory statement in a constitution or statute usually states the law’s reasons for and intent.
2) An introductory fact or circumstance: Especially one indicating what is to follow.
Who proposed the idea of the Preamble?
Jawaharlal Nehru moved an ‘Objective Resolution’ in the Constituent Assembly on December 13, 1946. The resolution defined the basic purpose of the Constitution of India and guided the constituent assembly members as they created it. On January 22, 1947, the assembly adopted this resolution as the Preamble to the Indian Constitution.
Preamble: Historical Background
The Preamble was adopted on January 22, 1947, after Jawaharlal Nehru proposed it in a 1946 resolution.
During the discussion about the Preamble, the Constituent Assembly considered naming India the “Union of Indian Socialistic Republics”, suggesting that India should model itself after the U.S.S.R. However, this idea did not gain support from the other members.
Also, there was debate about including the names of “God” and “Gandhi” in the Preamble. The majority, 68 members, voted against mentioning “God.” HV Kamath expressed his disappointment, calling it “a black day in our annals. God save India.”
Regarding Gandhi, Brajeshwar Prasad opposed including his name in the Constitution. He believed the Constitution, which drew from American Supreme Court cases and the Government of India Act, was not truly “Gandhian” and should not carry his name.
Who designed the Preamble Page?
The Preamble page of the original Constitution of India was designed by the famous painter Beohar Rammanohar Sinha from Jabalpur. At that time, he was at Shantiniketan with Acharya Nandalal Bose. Nandalal Bose accepted Sinha’s artwork without making any changes. Because of this, Sinha’s short signature, “Ram”, appears in the lower-right corner of the Devanagari script. Prem Behari Narain Raizada did the calligraphy for the page.
Is the preamble part of the Indian Constitution or not? What the Supreme Court said
The Supreme Court of India first stated in the Berubari case that the Preamble is not a necessary part of the Indian Constitution, so it cannot be enforced by law. However, in the 1973 Kesavananda case, the court changed its view and recognised the Preamble as part of the “Basic Structure” of the Constitution. This means it can help explain confusing parts of the Constitution when there are different interpretations. In the 1995 case of Union Government vs LIC of India, the Supreme Court again affirmed that the Preamble is an essential part of the Constitution.
Words added in the Preamble
The Preamble of the Constitution originally described India as a “sovereign democratic republic.” Later, during the Emergency, Parliament added the terms “Secular” and “Socialist” in the 42nd Amendment. This was the only time the Preamble was amended on December 18, 1976.
During the Emergency, the Indira Gandhi government made several changes through the Forty-second Amendment. They inserted the words “socialist” and “secular” between “Sovereign” and “Democratic.” They also changed “unity of the Nation” to “unity and integrity of the Nation.”
In 1994, in the case of SR Bommai v Union of India, the Supreme Court of India ruled that secularism is a key part of the Constitution’s basic structure.
Purpose of the Preamble
The Preamble emphasises that the Constitution derives its validity from the people, reflecting the country’s democratic, sovereign, and secular nature.
It outlines clear objectives for achieving equality among all citizens. A sovereign nation is independent from external influences and capable of making decisions.
To promote socialism, it is essential to provide social, economic, and political justice, ensuring equality of status and opportunity.
The Preamble supports the right to worship freely, fostering a secular environment.
It embodies the democratic foundation of the country, where governance is by the people.
It signifies a republic where leaders are elected, allowing every individual a fair opportunity to serve as the nation’s head.
What is the text of the Preamble in the Indian Constitution?
We, the People of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic, Republic and to secure 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.
Preamble to the Constitution of India outside the Maharashtra Police Headquarters (Photo credit: Natasha Hemrajani/HT via Getty Images)
BR Ambedkar on the Preamble:
“It was, indeed, a way of life, which recognises liberty, equality, and fraternity as the principles of life and which cannot be divorced from each other: Liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty and equality could become a natural course of things.”
Do you know the words ‘socialist’, ‘secular’ and “integrity” were added to the Preamble during the Emergency by Indira Gandhi? On Constitution Day, let us look at the history, definition, and design of the Preamble. knowledge Knowledge News, Photos and Videos on General Knowledge
