Preamble and Salient Features of the Constitution of India

The Preamble to the Constitution of India

The Preamble is an introductory statement in a constitution that explains the philosophy and objectives of the constitution-makers. It is like an 'introduction' or 'preface' to the Constitution of India. The Preamble to the Indian Constitution is based on the 'Objective Resolution' moved by Jawaharlal Nehru and adopted by the Constituent Assembly on January 22, 1947.

The text of the Preamble reads: "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."

Key Terms in the Preamble

Let's break down the significant words and phrases in the Preamble to understand their meaning and importance in the Indian context.

1. Sovereign

India is an independent country. It is free to conduct its internal and external affairs. It is not subject to any foreign power and can make its own decisions. This means India can acquire foreign territory or cede its territory to a foreign country. However, India's sovereignty has not been absolute. It remains a member of the Commonwealth and has accepted the jurisdiction of the International Court of Justice, though with reservations.

2. Socialist

This term was added by the 42nd Amendment Act of 1976. It aims to achieve socialist goals through democratic means. Indian socialism is a blend of democracy and socialism, aiming to reduce inequalities in income and status and provide facilities for all. It does not mean nationalization of all means of production, but rather a commitment to social and economic justice.

3. Secular

This term was also added by the 42nd Amendment Act of 1976. It means that the state has no official religion. All religions are treated equally by the state. Citizens are free to practice, profess, and propagate any religion of their choice. The state can intervene in religious affairs only for social reform.

4. Democratic

The Constitution of India provides for a representative democracy. People elect their representatives through periodic elections to run the government. The ultimate power rests with the people. The Preamble establishes political democracy through universal adult franchise and the concept of 'one person, one vote'.

5. Republic

In a republic, the head of the state is elected, directly or indirectly, for a fixed term. The President of India is the elected head of state, unlike in a monarchy where the head of state is a hereditary ruler. This ensures that the head of state is accountable to the people.

6. Justice

The Preamble guarantees three types of justice:

• Social Justice: Removal of all distinctions of caste, creed, colour, sex, and so on.
• Economic Justice: Removal of disparities in wealth and income.
• Political Justice: Equality of all citizens in the political sphere, ensuring equal right to participate in the political process.

7. Liberty

Liberty means freedom from restraint. The Preamble guarantees liberty of thought, expression, belief, faith, and worship to all citizens. This ensures that citizens have the freedom to think, express themselves, and practice their chosen religion without undue interference.

8. Equality

Equality means the absence of special privileges for any section of society. The Preamble guarantees equality of status and opportunity to all citizens. This means that every citizen should have equal opportunities in all walks of life, and there should be no discrimination based on birth, caste, sex, religion, or any other factor.

9. Fraternity

Fraternity means a sense of brotherhood. The Preamble aims to promote fraternity, assuring the dignity of the individual and the unity and integrity of the Nation. It emphasizes that all citizens should feel that they are part of one nation and should work towards its progress and well-being.

10. Unity and Integrity of the Nation

This phrase, added by the 42nd Amendment Act of 1976, underscores the importance of maintaining India as a unified and indivisible country, despite its vast diversity.

Significance of the Preamble

The Preamble is considered an important part of the Constitution.

• It indicates the source of authority of the Constitution (the people of India).
• It states the objectives which the Constitution seeks to achieve.
• It declares the nature of the Indian polity.

The Supreme Court, in the Kesavananda Bharati case (1973), held that the Preamble is an integral part of the Constitution, but it is neither a source of power to the legislature nor a prohibition upon the powers of the legislature. It can be used by the courts to interpret ambiguous provisions of the Constitution. The Preamble can be amended, but its 'basic elements' cannot be amended because they are part of the 'basic structure' of the Constitution.

Salient Features of the Constitution of India

The Constitution of India is unique and has several distinctive features that set it apart from other constitutions in the world. These features reflect the historical, social, and political circumstances of India.

1. Lengthiest Written Constitution of the World

The Constitution of India is the longest written constitution of any sovereign country in the world. It originally contained 395 articles, 22 parts, and 8 schedules. Today, it has more than 470 articles, 25 parts, and 12 schedules, with numerous amendments. This length is due to several factors:

• Inclusion of detailed provisions relating to the administration of both the Centre and the States.
• Inclusion of the fundamental rights and directive principles of state policy.
• Inclusion of special provisions for certain classes and regions.
• Inclusion of the details of the governmental machinery at the Centre and in the States.
• The unique problems and needs of the country.

2. Drawn from Various Sources

The Constitution of India is a synthesis of various constitutional provisions from around the world. It is often described as a 'bag of borrowings'. Key sources include:

• Government of India Act, 1935: Federal scheme, office of the Governor, judiciary, public service commissions, administrative details, and emergency provisions.
• British Constitution: Parliamentary government, rule of law, legislative procedure, cabinet system, prerogative writs, and parliamentary privileges.
• US Constitution: Independence of judiciary, judicial review, fundamental rights, impeachment of the President, removal of Supreme Court and high court judges, and the post of Vice-President.
• Irish Constitution: Directive Principles of State Policy, nomination of members to Rajya Sabha by the President, and method of election of the President.
• Canadian Constitution: Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of State Governors by the Centre, and advisory jurisdiction of the Supreme Court.
• Australian Constitution: Freedom of trade and commerce within the country, concurrent list of legislation, and joint sitting of the two Houses of Parliament.
• Weimar Constitution (Germany): Provisions relating to the suspension of Fundamental Rights during an emergency.
• French Constitution: Republic, ideals of liberty, equality, and fraternity in the Preamble.
• Soviet Constitution (USSR): Fundamental duties and the ideal of justice (social, economic, and political) in the Preamble.
• South African Constitution: Procedure for amendment of the Constitution and election of members to Rajya Sabha.
• Japanese Constitution: Procedure established by law.

3. Blend of Rigidity and Flexibility

The Constitution is rigid in some respects and flexible in others.

• Rigid: Amendments require a special majority of Parliament (two-thirds present and voting, and majority of total membership) and ratification by half of the state legislatures for certain provisions.
• Flexible: Other provisions can be amended by a simple majority of Parliament, similar to ordinary law-making.

This blend allows for necessary changes without making the Constitution overly difficult to amend.

4. Federal System with Unitary Bias

India has a federal system, characterized by:

• Two governments (Central and State).
• Division of powers between the Centre and States.
• Written Constitution.
• Supremacy of the Constitution.
• Rigidity of the Constitution.
• Independent judiciary.
• Bicameralism.

However, it also possesses unitary features, giving it a 'quasi-federal' or 'federal system with a strong unitary bias' character:

• Strong Centre.
• Single Constitution.
• Single Citizenship.
• Flexibility of the Constitution.
• Integrated judiciary.
• Appointment of State Governors by the President.
• Emergency provisions.

5. Parliamentary Form of Government

India has adopted a parliamentary system at the Centre, similar to the British model. Key features include:

• Presence of nominal executive (President) and real executive (Prime Minister and Council of Ministers).
• Majority party in the lower house (Lok Sabha) forms the government.
• Collective responsibility of the Council of Ministers to the legislature.
• Ministers are members of the legislature.

This contrasts with the presidential system (like in the USA), where the executive is separate from the legislature.

6. Single Citizenship

Unlike federal states like the USA, which have dual citizenship (national and state), India has only single citizenship. Every person is an Indian citizen, irrespective of the state they reside in. This promotes national unity.

7. Fundamental Rights

Part III of the Constitution guarantees six fundamental rights to all citizens (and sometimes to non-citizens):

• Right to Equality (Articles 14–18)
• Right to Freedom (Articles 19–22)
• Right against Exploitation (Articles 23–24)
• Right to Freedom of Religion (Articles 25–28)
• Cultural and Educational Rights (Articles 29–30)
• Right to Constitutional Remedies (Article 32)

These rights are justiciable, meaning they can be enforced by the courts.

8. Directive Principles of State Policy (DPSP)

Part IV of the Constitution contains Directive Principles of State Policy. These are guidelines for the state to follow while formulating laws and policies. They aim to establish a welfare state and promote social and economic democracy. However, they are non-justiciable, meaning they cannot be enforced by any court.

9. Fundamental Duties

Added by the 42nd Amendment Act of 1976, Part IV-A contains a single article (Article 51-A) listing the fundamental duties of citizens. These duties are a reminder to citizens to uphold the sovereignty, unity, and integrity of the country and to perform their civic responsibilities.

10. Independent Judiciary

The Constitution establishes an independent judiciary, free from the influence of the executive and legislature. This is crucial for upholding the rule of law and protecting the fundamental rights of citizens. The Supreme Court is the apex court, followed by High Courts and subordinate courts.

11. Emergency Provisions

The Constitution contains detailed provisions for handling emergencies:

• National Emergency: Article 352 (on grounds of war, external aggression, or armed rebellion).
• State Emergency (President's Rule): Article 356 (failure of constitutional machinery in states).
• Financial Emergency: Article 360 (threat to India's financial stability).

These provisions allow the Centre to assume extraordinary powers during times of crisis.

12. Three-Tier Government

Initially, the Constitution provided for a two-tier government (Central and State). However, the 73rd and 74th Constitutional Amendment Acts of 1992 added a third tier of government – Panchayats (rural local governments) and Municipalities (urban local governments) – making the system a three-tier government.

13. Universal Adult Franchise

Every citizen of India who has attained the age of 18 years has the right to vote, irrespective of caste, creed, sex, religion, or economic status. This is a cornerstone of India's democratic system.

14. Secular State

As mentioned in the Preamble, India is a secular state. The state does not promote or discriminate against any religion. Citizens have the freedom to practice, profess, and propagate any religion.

15. Single Integrated Judicial System

India has a unified judicial system with the Supreme Court at the apex, followed by High Courts in states and subordinate courts. Laws applied in civil and criminal cases are generally uniform across the country, although states may have their own specific laws.

16. Protection to Minorities

The Constitution provides specific protections to religious and linguistic minorities to preserve their culture, religion, and interests. This is evident in Articles 25 to 30, which guarantee freedom of religion and cultural and educational rights.