Sambhav-2023

Approach

• Introduce briefly the preamble of the Indian constitution
• Discuss how the preamble is the soul of the constitution by explaining the key terms/articles used in the constitution.
• Conclude suitably.

Introduction

• The term ‘Preamble’ refers to the introduction, preface or ‘identity card of the Constitution.’ It contains the summary or essence of the Constitution.
• The Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly.

Body

• Preamble contains essence of all the constitutional provisions which have been mentioned by the constitutional assembly, in the constitution, like:
  • The preamble mentioned the power of the constitution that authorities/govt derived from the “people of India”. It is shown by the:
    • Article 53 states that, the executive power of the Union shall be vested in the President and Article 54 mentioned that the President shall be elected by the elected members of Parliament and state Assemblies.
  • It mentions the nature and polity of the state of India, like:
    • Sovereign: Article 368 authorized the parliament to amend the “constitution- the basic law of land” and bring change for the concern of its people.
    • Secular: Articles 25 to 28 (guaranteeing the fundamental right to freedom of religion) have been included for a secular state.
      • Articles 29 and 30 restrict state’s interference in the religious space of the citizens and provide them liberty to exercise their faith, belief and preserve their culture.
    • Socialist: The Articles 38, 39, 39A, 41 and 42 of the DPSP direct govt to work on the socialist model of the development.
    • Democratic: The Universal Adult Franchise (Article 326), Dissolutions of the parliament (Article 85), executives' responsibility (Article 75) and restricted power of the legislator (Basic Structure, Article 13) shows the democratic essence of the constitution.
    • Republic: As the leaders in the country are the representatives and they are elected by the people of the country.
  • Preamble also mentions the goal of the constitution and the institutions formed on the basis or by the constitution. Like:
    • Justice: Article 39A to Promote equal justice and free legal aid to the poor.
    • Liberty: Article 21 states about security of life and personal liberty.
    • Equality: Article 14 provides for equality before the law or equal protection of the laws.
    • Fraternity: Article 51 A (e) which advocates harmony and the spirit of common brotherhood amongst all the people of India.
  • It also ensures that the unity and integrity of India (Article 352), the dignity of the individuals (Article 21) must be respected which aspire for these goals.

Conclusion

The preamble of the Indian constitution has inscribed the essence of all the provision of the constitution of India. This characteristic of the constitution is expressed by the number of constitutional experts like the N.A. Palkhivala (Preamble as the ‘identity card of the Constitution) and others also called it as the most precious part of the Constitution, the soul of the Constitution, key to the Constitution and a jewel set in the Constitution.