The Preamble is as follows (Image). Please take a quick read before getting on to explanation.
This is what is known as the preamble of the constitution of India, adopted by the Constituent Assembly on January 22, 1947 . It is not enforceable in court, but the objectives of the Constitution, and acts as an aid during the interpretation of Articles, when language is found ambiguous.
This wasn't exactly the same preamble that came into force on 26 January 1950 but the words, "socialist, secular and integrity" were added later by then PM Shri Indira Gandhi by 42nd Amendment Act 1975.
The preamble is like a guiding objective of the constitution as any statement can be interpreted in different kinds so the preamble ensures that all the articles in the constitution are seen with the same light as the preamble indicates.
For example: If any article talks about being sovereign that means we are an independent nation with no control from any outside country or organization, now there are laws in the constitution that make the international agreements enforceable even if those subject's are related to the state list and not the center.
So enforcing international treaty or agreement doesn't mean that they will be forced upon us, We are independent and holds full discretion whether to implement the treaty or revoke it.
If you want to know about the word democratic, you can visit my previous article, 'here'.
Republic means that our head of the state is elected, that is the president( like Britain has the monarchy 'queen as the head of state).
Socialist and secular was added in 1975, it basically is said as we were quite close to the then USSR and wanted to show the west about our inclination as Pakistan was banking on the west at that time. Secular means that supporting all the religion equally and not any particular religion. That is the Indian idea of the Secular, other countries in the world may have their own like France is said to have negative Secularism since it does not support any religion where as in India we respect and accommodate all religions through state policy, which isn't the case with France.
The preamble of the constitution is actually a part or not has also been a debate once as earlier but during the Kesavananda Bharti case 1973 judgment the Supreme court said that Preamble is a part of the constitution. That doesn't still make it justiciable still but is landmark judgment with respect to Preamble. This judgment also laid the basic structure of the constitution which is the bedrock till now in the- Indian history after Independence.
The constituent assembly, that the assembly of India before we became republic officially also debated on topics to include the word , 'God' and 'Gandhi's name' in the Preamble but it was voted against. The Assembly was divided with 41 voting in favour and 68 voting against it.
One member urged the Assembly to rename India as the ‘Union of Indian Socialistic Republics’, similar to the USSR. But this wasn't done as members were not convinced enough as they felt it could go against the already adopted constitutional scheme.
stay tuned for more.
Comments