Critical Thinking

Word of the constitution (By KM Munshi) 3.

Word Preamble came from the Latin word
“praeambulus” which means “walking before.”

The preamble is a primarily introductory
statement to the constitution which was set up for guiding fundamental values,
principles, and philosophy on which the constitution is based. Preamble when
broken into phrases each phrase indicates a big meaning behind which is
important to understand the constitution of a state.

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Is preamble is a part of the constitution:

A preamble is a part of the constitution, is
in consonance with the opinion of the founding fathers of the constitution. It
provides a standard to examine and evaluate any law and action of the
government to, find whether it’s good or not. However, three thing is important to keep in mind:

1. It is neither
a source of power to legislature nor
a prohibition on the power of the legislature.

2. A preamble
is non-justiciable, that is, its provision is not enforceable in courts of law.

3. Preamble can
be amended as per article 368 as it contains the basic elements of the
constitution, the amendment is subject to the condition that it should not
alter the “basic structure” of the Constitution as per as opined by
the Supreme Court of India.

Who drafted preamble:

 Preamble
is based on the objective resolution drafted and passed by Jawahar Lal Nehru in constitution assembly on 13 December 1946. The preamble-page and  other pages of the original Constitution of India,
was embellished by the renowned painter of Jabalpur Beohar Rammanohar Sinha who was at Shantiniketan with
Acharya Nandalal Bose in that era.

Preamble is said to be

1. Soul of constitution (By Thakurdas Bhargava)

2. Political horoscope of the constitution (By
KM Munshi)

3. Identity card of the constitution. (By NA Palkhiwala)

 

The significance of the
preamble:

The
significance of preamble lies in its phrases and its word components that is:
The terms sovereign, socialist, secular, democratic, republic in the Preamble
suggests the nature of the state. The ideals of justice, liberty, equality,
fraternity reflects the objectives of the Constitution.

Explanation of the
preamble:

WE, THE PEOPLE OF INDIA:

Meaning: The constitution is made by and
for the Indian people and not given to them by any outside power and all the
power emanates from the people and the political system will be accountable and
responsible to the people.

Having solemnly resolved to constitute India constitution into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

Meaning:
it indicates the
Nature of Indian state

Secular: the secularism features are
envisaged in the Preamble which means that the state will not have any religion
of its own and freedom will be untitled equally to all of the conscience and
the right freely to practice, profess and to follow the religion of their own
choice. (SR Bommai and Others v Union of India, AIR 1994 SC 1918)

Socialist: “Socialism” as an
economic philosophy, the state owns the means of production and distribution.
India adopted Mixed Economy, where except state, there will be private production
too. Socialism as a social philosophy stresses more on the societal equality.

Republic: the republic is an entity in which
the head of state is elected, indirectly or directly, for a fixed tenure. The
President of India is elected by an electoral college for a term of five years.
It will be not on hereditary base and every citizen of India is eligible to
become the President of the country.

Democratic: it indicates that the Government
will get its authority from the will of the people. The rulers are elected by
the people and are responsible to them.

Sovereign: India is externally and internally
sovereign – externally free from the control of any foreign power and No
external power can dictate the government of India.

      And internally, in terms of territory,
non- state actors it has a free government which is directly elected by the
people and makes laws that govern the people. 

 

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;

Meaning: It emphases about the Objectives
of Indian State:

Justice: Political. Economic and Social.

Fraternity
(fraternity
means “Brotherhood”): assuring the integrity of the nation and

 The dignity of the individual and the unity.

Equality: of opportunity and status.

Liberty: of expression, thought, worship
belief, and faith.

 

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949,
DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Meaning: It tells about the Date of its
adoption:

Date
of adoption of the Constitution is 26th November 1949.  But most of the articles in Constitution came
into force on January 26th, 1950. Those articles which came into existence on
26th November 1949 is given by Article 394.

 

 

 

 

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