Polity (Indian Constitution and its Preamble) by Viraj C Rane

Model Answer

Question #1. Preamble is not only part of the Indian Constitution but also a source to understand it.

Ans .

Preamble of the Indian Constitution has been termed as its introduction by the members of Constituent Assembly. The idea of having a preamble which would shed light on the provisions of the Constitution was borrowed from the American

Constitution. It is also pertinent to remember that the Supreme Court has decreed that the preamble is not only the part of Constitution but shall be used to interpret the provisions of the Constitution if the same is ambiguous. Stand of Supreme Court on Preamble’s position with respect to the Constitution:

1. The apex court had in Berubari Case took the stand that Preamble is not part of the Indian Constitution.
2. Supreme Court though in subsequent years changed its position and came to the conclusion that Preamble is part of the Indian Constitution. In the Kesavanda Bharati Case, the Supreme Court declared Preamble to be the part of Indian Constitution as it was based on Objective Resolution tabled in the Constituent Assembly and became the framework for drafting the Constitution. Supreme Court also appreciated the fact that the Preamble was voted to be part of the Constitution by the members of Constituent Assembly.
3. The same position was reiterated by the Supreme Court in Union of India vs LIC. Therefore, Preamble being the part of Constitution is a settled position in law.

Preamble to be used for interpreting the Constitution:

1. Preamble is considered to be the introduction to the Constitution and as per the views of the founding fathers it may be used to throw light on what its provisions mean.
2. The Supreme Court in Kesavanda Bharati Case held that The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution.
3. According to the judgement of Supreme Court in Kesavanda Bharati Case whenever there would arise ambiguity with respect to what the provisions of Constitution or any other law mean, the interpretation that is in sync with the Preamble shall be adopted.
4. It was also held by the apex court in the above case that the Preamble in itself cannot be enforced in the court of law.

It is therefore beyond reasonable doubt that Preamble is the part of Indian Constitution and helps in finding its true meaning when the same is doubted.

Question #2. Explain the nature of the Indian State as per the Preamble of the Constitution.

Ans. 

Preamble of the Constitution is introduction to the document which is the fundamental law of the land. Constitution of India establishes the Indian State and with detail provisions mention the nature of Indian State, its rights and duties, its limitations etc. The Preamble of the Constitution beings the glimpse of what is inside the document specifies what the nature of Indian State is and will be.

Nature of Indian Constitution:

1. The Preamble of the Indian Constitution specifies India to be a Sovereign, Secular, Socialist, Democratic, Republic.
2. The mention of the term Sovereign refers to India being in the position to take decisions with respect to its internal and external affairs without undue influence from external factors.
3. Secularism of the Indian Constitution states that the Indian state will stay at equidistance from all religion and protect them all. This understanding of secularism and its association with the state is unique to India when compared to the secularism of the west which mandates complete separation of state and religion.
4. The Indian state is to avoid concentration of wealth in the hands of few by following the policy of Gandhian Socialism which does not aim to destroy private property but advocates its utilization for the benefit of all. Indian Constitution’s view of Socialism is non-violent in nature unlike Marxian Socialism.
5. India is administered by the people of the country indirectly i.e. the representatives chosen by the people through the process of election take decision of behalf of general public and are answerable to them. This, therefore make Indian State democratic in nature.
6. The office of President of India is according to the Constitution the highest of office of land. The occupant of this office has to through a process of election and is chosen by the people of India, though indirectly through their representatives. The above fact makes India a republic as mentioned in the Preamble and sets it apart from other democracies like UK and Japan where the Head of the State, i.e. the highest office, is hereditary.
   Preamble of the Indian Constitution while providing the summary of the Constitution also mentions the nature of the Indian States and its characteristic features.