CHAPTER
3 Constitutional Design
Preamble
to the Constitution of India
The preamble to the Constitution of
India is a brief introductory statement that sets out the guiding purpose
and principles of the document. The preamble-page, along with other pages of
the original Constitution of India, was designed and decorated solely by
renowned painter Beohar Rammanohar Sinha of Jabalpur who
was at Shantiniketan with acharya Nandalal
Bose at that time. Nandalal
Bose endorsed Beohar Rammanohar Sinha's artwork without any alteration
whatsoever. As such, the page bears Beohar Rammanohar Sinha's short
signature Ram in Devanagari lower-right
corner.
That the preamble is not an integral part of
the Indian constitution was declared by the Supreme
Court of India in BeruBari case therefore it is not enforceable in a court of
law. However, Supreme Court of India has, in the Kesavananda case,
overruled earlier decisions and recognised that the preamble may be used to
interpret ambiguous areas of the constitution where differing interpretations
present themselves. In the 1995 case of Union Government Vs LIC of India also,
the Supreme Court has once again held that Preamble is the integral part of the
Constitution.
As originally enacted the preamble described the
state as a "sovereign democratic republic".
In 1976 the Forty-second Amendmentchanged this to read "sovereign socialist secular democratic
republic".[1]
Introduction
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“
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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.
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”
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These
are the opening words of the preamble to the Indian Constitution
Meaning
The enacting
words, "We, the people of
India ...in our constituent assembly ...do here by adopt, enact and give to
ourselves this constitution", signify the democratic principle that power
is ultimately rested in the hands of the people. It also emphasises that the
constitution is made by and for the Indian people and not given to them by any
outside power (such as the British Parliament). The phrase "we the people" emphasises
the concept of popular sovereignty as laid down by J. J. Rousseau: All the
power emanates from the people and the political system will be accountable and
responsible to the people.
Sovereign
The word sovereign means supreme or independence. India is
internally and externally sovereign - externally free from the control of any
foreign power and internally, it has a free government which is directly elected by the
people and makes laws that govern the people.She allies in peace and
war. The Popular sovereignty is also one of the basic structure of
constitution of India. Hence, Citizens of India also enjoy sovereign power to
elect their representatives in elections held for parliament, state legislature
and local bodies as well.People have supreme right to make decisions on
internal as well as external matters.No external power can dictate the
government of India.
Socialist
The word socialist was added to the Preamble by the Forty-second
Amendment. It implies social and economic equality.
Social equality in this context means the absence of discrimination on
the grounds only of caste, colour, creed, sex, religion, or language. Under social
equality, everyone has equal status and opportunities.
Economic equality in this context means that the government will
endeavor to make the distribution of wealth more equal and provide a decent
standard of living for all. This is in effect emphasized a commitment towards
the formation of a welfare
state. India has adopted a
socialistic and mixed economy and the government has framed many laws to
achieve the aim.
Secular
Secular means the relationship between the
government and the people which is determined according to constitution and
law. By the 42nd Amendment, the term "Secular" was also incorporated
in the Preamble. Secularism is the basic structure of the Indian constitution.
The Government respects all religions. It does not uplift or degrade any
particular religion. There is no such thing as a state religion for India. In
S.R. Bommai vs UOI (1994) The SC of India held "A state which does not
recognise any religion as the state religion, it treats all religions
equally". Positively, Indian secularism guarantees equal freedom to all
religion. It stands for the right to freedom of religion for all citizens.
Explaining the meaning of secularism as adopted by India, AlexandrOwics has
written, "Secularism is a part of the basic of the Indian
Constitution and it means equal freedom and respect for all religions."
Democratic
The first part of the preamble “We, the people of India” and, its last
part “give to ourselves this Constitution” clearly indicate the democratic
spirit involved even in the Constitution.India is a democracy. The people of India elect their governments at all
levels (Union, State and local) by a system of universal adult franchise; popularly known as "one man one vote". Every citizen of India,
who is 18 years of age and above and not otherwise debarred by law, is
entitled to vote. Every citizen enjoys this right without any discrimination on
the basis of caste, creed, colour, sex, Religious intolerance or
education.
Republic
As opposed to a monarchy, in which the head of state is appointed on
hereditary basis for a lifetime or until he abdicates from the throne, a
democratic republic is an entity in which the head of state is
elected, directly or indirectly, for a fixed tenure. The President of India is
elected by an electoral college for a term of five years. The post of the
President Of India is not hereditary. Every citizen of India is eligible to
become the President of the country.The leader of the state is elected by the
people.
Forty-second
Amendment
On 18 December 1976, during the Emergency in
India, the Indira Gandhi government pushed through
several changes in the Forty-second
Amendment of the constitution.
A committee under the chairmanship of Sardar Swaran Singh recommended that this
amendment be enacted after being constituted to
study the question of amending the constitution in the light of past
experience. Through this amendment the words "socialist" and
"secular" were added between the words "sovereign" and "democratic"
and the words "unity of the Nation" were changed to "unity and
integrity of the Nation"
The idea for the addition of 'socialist' was prompted by Indira Gandhi,
as an ode to India's growing relationship with the erstwhile USSR.
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