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Preamble

Vanshika29 Aug 202618 min read
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In-depth notes on the Preamble of the Indian Constitution, key ideals (Sovereign, Socialist, Secular, Democratic, Republic), major case laws like Berubari and Kesavananda Bharati, and constitutional significance.

Introduction

Preamble is the introductory part of the Indian Constitution, which defines the whole philosophy on which our Constitution is based. Preamble summarizes the Constitution into brief lines and words and reflects the mind and philosophy behind making the Constitution as made by the Constituent Assembly members. It also reflects our type of polity, the nature of governance, and the source of power, which is the people. It starts with "we the people" that reflect that real sovereignty lies in the hands of people and the Constitution is the supreme law of the land.

Sovereignty

Sovereignty means India is neither a dependency nor a dominion. India is sovereign and is allowed to take its decision on both internal as well as external matters based upon our own national interest.

How Constitution asserts sovereignty?

  • Article 1: Name and territory of the union It declares that India i.e. Bharat shall be union of states. It defines the territory of India, which includes states, Union territories and also future acquired territories. It establishes that India is a sovereign single entity, not a league of independent states. States have no right to cede away by dividing India's indivisible and subordinate place or an authority over its territory.

    It also declares that India can acquire territory in future as per international expected norms.

  • Article 51: Promotion of International Peace It encourages respect for international law, promotes peaceful relations with other nations and settlement of disputes in a peaceful manner. It shows sovereignty because it is India that chooses how to interact with the world based on its own independent national interests and foreign relations. India is not bound to follow international laws unless it consents.

  • Article 253: Legislation for International Agreement It says Parliament can make laws to implement any treaty, agreement, convention with foreign countries, etc. Therefore demonstrate supremacy of Union Parliament over the entire territory when implementing international commitments. Its proves as a sovereign state with full treaty-making power.

  • Article 368: Amendment to the Constitution India has its supreme constitution and India can change and evolve its constitution internally without any external interference. No foreign power or court can dictate amendments in the constitution that are done by people in the parliament, represented by the expression of people.

  • **Sovereignty can also be seen/understood in terms of other dimensions, such as

    • Independent foreign policy Our foreign policy is based upon the principle of non-alignment, peaceful coexistence, mutual respect and cooperation, and respect for international rules and norms. India has established diplomatic relations with almost all the countries in the world and is an active member of various regional and global organizations.

      How India is sovereign because India is part of Commonwealth Nations? India being a member of the Commonwealth and accepted the British crown as the head of the Commonwealth nation, as per the proper misconception it undermines our sovereignty. However India being a part of the Commonwealth nation is a voluntary choice rather than a forced agreement. India is free to give its membership at any given point in time because we have retained this as just part of our policy decision to suit the interests of multilateralism in the era of balance of power.

    • Sovereignty in terms of defence and military policy India has nuclear capacity where we have maintained a credible nuclear deterrence based upon the principle of no first use to protect against any misadventure and hostility. We also have strong armed forces which protect our national integrity and territorial integrity.

      India has been one of the largest contributors in the UN peacekeeping mission, which reflects our commitment to world peace despite the fact that we do not have a permanent seat in the UNSC.

    • Sovereignty in economic and social development policy Based upon our national interest our welfare-centric approach might not have been appreciated by the world at large because we protect our farmer interest and heavily subsidize them, which might have apprehended trade organization in the world. Example: WTO summit in Bali, but our interest is based upon the choice that we make to make our nation prosperous and ensure equitable growth for the better future.

Challenges to Indian Sovereignty

Also sovereignty as a principle advocating for supremacy, which can't be compromised and taken for granted. However there can be various threats to this sovereignty, such as:

  • Communalism
  • Regionalism
  • Internet violence
  • Extremism
  • Non-state actors
  • Separatism operating from the soil
  • Urban Naxal, etc.

Socialist

This expression was added by the 42nd Constitution Amendment Act 1976 under the Indira Gandhi government. This does not mean that India was never socialist before 1976 or that India became socialist after 1976. The values of socialism were very much present in our roots and the Constitution has proliferated this in the ideology of the welfare state, which is currently represented and reflected in Directive Principle of State Policy.

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