Friday 13 July 2018

Preamble is the philosophical key to the Constitution. Examine?


Preamble of Indian Constitution:-

We, the people of india sovereignly resolved to constitute india into sovereign, socialist, secular, democratic republic and to secure all its citizens.

Justice Social, Economical and Political

Liberty of though, belief, faith, expression and worship

Equality of status and of opportunity and to promote among them all

Fraternity assuring the dignity of individual and unity and integrity of the nation

In our constituent assembly this twenty-sixth day of November, 1949 do here by adopt enact and give ourselves this constitution.







Preamble is philosophical key to constitution. It contains very broad and philosophical terms like socialism,  Secularism, Liberty and others, which represents entire constitutional provisions of India. These provisions can be explained in the following way.

Sovereignty:-
India can make or unmake its own decisions without interference of the external force. thatswhy, we are sovereign. According to the constitution, The Sovereignty comes from the two phrases in the preamble. “ We the people of India” and “ Adopt, enact and Give ourselves this constitution”.  this shows popular sovereignty, which is derived from the people. 

Unlike other federal countries, No state has individual sovereignty(from article 1,2,3,4). India has collective consciousness in exercising the sovereignty, which can also be seen from the citizenship chapter of the indian constitution, which says, India, whole have the single citizenship.


Socialist:-

If Production of means and resources are placed in public hands instead of private individuals then that is called socialism. Here Public hand means State, which represents the will and wishes of the people.

Objectives of the socialisms are Elimination of economic inequality, and inequality in Status, Opportunity and standard of living, which can be cited in the directive principles of state policy(quote articles), Fundamental rights(article 16)


Secularism:-

Unlike western philosophy, Secularism in India is not complete separation of state from religion or Dharm Nirpeksh. It is being equidistant to all religions Sarva Dharma Sambhava. In this context, one can say state has no religion. Secularism gives the freedom of religion and affirms the equality which can be observed in article 25-28 and 44 of indian constitution and welfare of all people irrespective of their creed, caste or religion.

Secularism reaffirms the “Equality of the status and of opportunity” and  “fraternity assuring the dignity of individual and unity and integrity of nation”.

“Secular State protect all religions, doesnt favour any religion at the expense of another and doesnt proclaim any religion as the state religion” - Jawaharlal Nehru.

Characteristics of Secular State:-

  1. State Doesnt allow all sort of religious dominations such as Inter religious and intra religious domination
  2. State promotes the freedom that is freedom of conscience, to profess, practice and propagate the religion.
  3. State promotes the equality within and between the religions.
  4. State completely against the majority communalism.



Democratic:-

Democracy, where the state is run by representatives, who are elected by the sovereign people. In india, people enjoys the Universal Adult Franchise, which emanates from right to vote, article 326.


Republic:-

In Republic, there is no hereditary monarchy as the head of the state. In India Head of the State is elected by the people of the country and all the public offices also thrown out to the public.



Justice :- 

Justice is fair and moral treatment of all in formulating and implementing the law. Justice cannot be restricted to courts, where laws are being interpreted. Justice encompasses the social, economical and political elements. 

In social Justice, Whole Society shall progress without a single section is falling behind and being exploited. 

In economic Justice, When fruits of the growth are not reaching the some sections of the society, then Economic Justice kicks in Redistribution of the fruits of economy for the progress and prosperity of whole sections.


In Political Justice, every adult person has the right to vote(article 326) and has the right to contest for the public offices.


Liberty:- 

of though, belief, faith , expression and worship.

article 19, 20, 21 & 22 and many other articles protect and preserves the individual Liberty.

Equality:- 

of status and of opportunity and to promote among them all.

article 14, 15, 16, 17 and 18 are some of the provisions that promotes and ensures the equality between all citizens and reduces the inequality between them.


Fraternity:-

Increases the brotherhood and unity and integrity of the nation, which are part of nation building process.


In this way, we can say, provisions of preamble are very broad and deep in explaining the nature of indian constitution.


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