Q. Explain the objectives enshrined in the Preamble. Can the Preamble be amended?


Introduction

N.A. Palkhiwala describes the preamble of our Constitution as an identity card of Constitution.

According to K.M. Munshi, “the Preamble has been called the political horoscope of Indian Constitution.”

Preamble, which basically sets out the goals, the principles and the ideals for which our country stands; is also known as summary, essence, preface or soul of the constitution. The preamble of our Constitution is based on objective resolution; drafted and moved by Pt. Jawaharlal Nehru on 13th December, 1946 and passed by the constituent assembly. It is termed as introductory part, which contains the philosophy of the basic structure of our constitution. The preamble is non-justiciable in the court of law.

 

Goals and objective of Preamble to the Constitution of India

 The preamble of Indian constitution outlines the aims and objectives of the state, which basically are: Justice, liberty, Equality, Fraternity and to maintain unity and Integrity of the country.

 

Justice

In simple words, justice means: behave fairly; as situation demands. The term justice remains uncompleted without its three elements, which are: social, political and economic justice.

I.                     Social Justice: Social justice means: Provide equal and fair opportunities to develop the different sections of the society, without any discrimination. The constitution aims to build the society where no one can be exploited on any grounds like: caste, creed, color, race, sex and religion. It advocates for a welfare state.

II.                   Political Justice: political justice means: equal and fair opportunities to participate in political affairs and activities of the country. It advocates for all political rights without any discrimination. Political rights includes: right to vote, right to fight elections, right to form any party or organization, right to hold any government office etc.

III.                 Economic Justice: Economic Justice means no discrimination can be done by the people on the basis of their wealth, income, and economic status. It stands for distribution of wealth and resources of country, in a proportional manner, so that all the citizens have at least equal opportunity to earn their livelihood and can develop themselves further.

 

LIBERTY

The word liberty is derived from a Latin word “LIBER” which means: free or freedom. Liberty does not denote absolute freedom, but it brings freedom with certain restrictions. Liberty is not a license to do anything, but liberty is power to do what is allowed by law. The preamble of the Constitution of India guarantees liberty of thought, expression, belief, faith and worship: which all are essential to the development of every individual and at the same time, nation also.

 

Also read: Describe special features of the Indian Constitution.


EQUALITY

Equality means: to treat equals equally and unequal’s unequally.

According to Laski, “equality does not mean the identity of treatment or sameness of rewards. But implies:

I.                    Absence of any special privilege and

II.                  The adequate opportunities are laid open to all.

Our preamble talks about equality of status and equality of opportunity:

Equality of status is secured to the people of India by abolishing all distinctions, titles, untouchability, Discriminations by the state among citizens on the grounds of race, caste, sex and religion.

The equality of opportunity suggests that there should be no discrimination on matters relating to employment or appointment to any office under the state.

 

FRATERNITY

The word Fraternity suggests that a feeling of being children of same soil, of a same motherland or feeling of brotherhood among all. While keeping our historical background in mind, where many sections of our society has suffered a lot, the concept of ‘Fraternity’ has great importance.

 

DIGNITY OF THE INDIVIDUAL

The word dignity suggests that the personality of each individual should be recognized and should be respected. Without doing so, we cannot even think to attain democracy as way of our life. Dignity of individual in a nation is the dignity of the nation itself.

As well said by Dr. Ambedkar that:

                "The principles of liberty, equality and fraternity are not to be treated as separate items in a trinity. They form a union of trinity in the sense that to divorce one from the other is to defeat the very purpose of democracy. Liberty cannot be divorced from equality, equality cannot be divorced from liberty, nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty, would kill individual initiative".

 

Whether preamble can be amended

The milestone case of Indian polity, Keshvananda Bharti vs. State of Kerala, deals with this issue. When the question of amendabilty to preamble of the constitution arose in front of The Supreme Court, the honorable court decided that:

I.                    The preamble is a part of the constitution, even it is better to say that it is introductory part of constitution,

II.                  It can be amended under Article 368,

III.                But it is subjected to certain restrictions, because the preamble contains the basic structure of our constitution, and if the basic structure is amended, then it will not be able to maintain the original identity.

The second case was The Rajnarayan Vs. Indira Nehru Gandhi: The same question also arose in this case. The parliament amended the preamble for the first time by the 42nd Constitutional Amendment Act. The legality of this amendment was challenged. But the Supreme Court, while upholding its previous decision, declared it valid.

D.G. Palekar held that the Preamble is a part of the Constitution and, therefore, is amendable under Article 368 of constitution.

 

Conclusion

In the light of above discussed points, we can conclude that:

I.                     Our preamble contains noble features which aims to betterment of our country as whole.

II.                   It aims to provide equality, liberty and justice even to the last man of the society.

III.                 As preamble is declared the part of our Constitution, so it can also be amended, by following the prescribed procedure.

  

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