What are the key provisions of the Preamble that reβlect the values and ideals of the Indian nation? How has the Preamble of the Indian Constitution been amended over time?
UPSC Mains Syllabus topic
Indian Constitution historical underpinnings, evolution,features, amendments, significant provisions and basic structure.
Why was this question asked?
- Discuss each adjective attached to the word Republic in the Preamble. Are they defendable in the present circumstances? (2016)
Introduction
The Preamble of the Indian Constitution reflects the values and ideals of the Indian nation by setting out the guiding principles that inspired the making of the Constitution and that continue to guide the governance of the nation. The key provisions of the Preamble that reflect these values and ideals include:
Body
- Sovereign: The term means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws which are subject to certain limitations.
- Socialist: The term means the achievement of socialist ends through democratic means. It holds faith in a mixed economy where both private and public sectors co-exist side by side. It was added in the Preamble by 42nd Amendment, 1976.
- Secular: The term means that all the religions in India get equal respect, protection and support from the state. It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.
- Democratic: The term implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election.
- Republic: The term indicates that the head of the state is elected by the people. In India, the President of India is the elected head of the state.
- Justice: It is necessary to maintain order in society that is promised through various provisions of Fundamental Rights and Directive Principles of State Policy provided by the Constitution of India. It comprises three elements, which is social, economic, and political.
- Social Justice – Social justice means that the Constitution wants to create a society without discrimination on any grounds like caste, creed, gender, religion, etc.
- Economic Justice – Economic Justice means no discrimination can be caused by people on the basis of their wealth, income, and economic status. Every person must be paid equally for an equal position and all people must get
opportunities to earn for their living. - Political Justice – Political Justice means all the people have an equal, free and fair right without any discrimination to participate in political opportunities.
- Equality: The term ‘Equality’ means no section of society has any special privileges and all the people have given equal opportunities for everything without any discriminations. Everyone is equal before the law.
- Liberty: The term ‘Liberty’ means freedom for the people to choose their way of life, have political views and behavior in society. Liberty does not mean freedom to do anything, a person can do anything but in the limit set by the law.
- Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment with the country and all the people. Fraternity helps to promote dignity and unity in the nation.
The Preamble of the Indian Constitution has not been amendedsince it was adopted by the Constituent Assembly on 26 November1949. However, several amendments have been made to the Constitution as a whole, and these amendmentshad an impact on the provisions of the Preamble
- 42nd Amendment Act, 1976: After the judgment of the Kesavanand Bharati case, it was accepted that the preamble is part of the Constitution.
- As a part of the Constitution, preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble can not be amended.
- As of now, the preamble is only amended once through the 42nd Amendment Act, 1976.
- The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamblthrough 42nd Amendment Act, 1976.
- ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’
- ‘Unity of the Nation’ was changed to ‘Unity and Integrity of
the Nation.’
Conclusion :To further promote distributive justice in the country, the government could consider implementing policies and programs that address these challenges and work towards reducing inequalities and promoting the welfare of disadvantaged groups.
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