Preamble is an introductory statement, stating the aims and objectives of the constitution. Accordingly, the preamble to the Indian constitution spells out the basic philosophy contained in the body of the Indian Constitution. The preamble is as follows: In our Constituent Assembly this twenty-sixth day of November,do hereby adopt, enact and give to ourselves this Constitution.
Every Constitution has a Preamble with which it begins and which embodies its objectives or basic purposes.
The framers of the Constitution in this respect were in a most happy position. For, here was an opportunity for them to give expression to the dreams of a new order they had been dreaming of for years. Naturally, they were eager to draw up a Preamble which embodied the fundamental principles of that new order.
From a strictly legal point of view, the importance of a Preamble is limited. It cannot qualify the provisions of the enactment so long as its text is clear and unambiguous.
The Supreme Court of India is substantially in agreement with this position. The Preamble of the Constitution of India reads as follows: In when Gandhiji was standing on the deck of a ship taking him to London, as the spokesman and representative of nationalist India to the Second Round Table Conference, he was asked by a newspaper correspondent as to what Constitution he would bring back if he could help it.
I shall work for an India, in which the poorest shall feel that it is their country in whose making they have an effective voice; an India in which there shall be no high class and low class of people; an India in which all communities shall live in perfect harmony.
There can be no room in such an India for the curse of untouchables or the curse of intoxicating drinks and drugs.
Women shall enjoy the same rights as men. Since we shall be at peace with all the rest of the world, neither exploiting nor being exploited, we should have the smallest army imaginable. All interests not in conflict with the interests of the dumb millions will be scrupulously respected, whether foreign or indigenous.
Personally, I hate distinction between foreign and indigenous. This is the India of my dreams. Reading through the Preamble, one can see the purposes that it serves, namely, the declaration of 1 the source of the Constitution, 2 a statement of its objectives and 3 the date of its adoption.
The opening words of the Preamble emphasise the ultimate authority of the people from whose will the Constitution emerges. Most of the modern constitutions emphasise the same principle.
Since the Constituent Assembly "enacted and adopted" the Constitution in the name of the people of India, the question has been asked whether the Assembly was really representative of the people of India. Notice of a motion to this effect was given by a member of the Assembly who asked the House to adjourn the discussion on the Draft Constitution altogether and called for a new House on the basis of adult franchise to be elected, claiming that such a House alone should deal with the framing of the Constitution.
The motion was, however, rejected by the Assembly as there was no one to support it. The circumstances under which the Constituent Assembly came into being will show that it was impracticable to constitute such a body in with adult suffrage as its basis.
No part of the country had the experience of adult suffrage. To prepare an electoral roll on the basis of adult suffrage for the country and to hold elections on that basis would have certainly taken a number of years.
It was rightly thought unwise to postpone the task of constitution-making until such an election was held. At the same time the necessity for having a new Constitution made by Indians to suit the conditions and circumstances in the country was keenly felt.
This was the main justification for accepting the Cabinet Mission Plan for constituting the Assembly through indirect election. If the time factor was the main consideration inone might ask the question: Here again, the answer is simple.
But the effect of such a referendum was soon provided by the First General Elections of conducted under the new Constitution on the basis of adult suffrage. In that election some of the leading Opposition Parties had declared that if they returned to power, they would scrap the present Constitution and write an altogether new one.
But the results of the election proved beyond any doubt that the Constituent Assembly although elected indirectly, was a fully representative body and the Constitution was an instrument of the popular will. For, not only were those Parties who opposed the Constitution severely defeated at the polls, but almost every member of the Constituent Assembly who stood for election was returned to the new Parliament of India or a State Legislature with convincing majorities.
The talk of scrapping the Constitution has not been heard since then, and today, every political party in the country is wedded to the principle of supporting and upholding the Constitution and to working within its four corners if elected to power. No one will seriously challenge today what Ambedkar said on the floor of the Constituent Assembly in The Preamble as it was originally passed proclaimed the solemn resolution of the people of India to "constitute India into a sovereign, democratic republic".
India had already ceased to be a dependency of the British Empire by the passing of the Indian Independence Act, From the 15th of Augustto the 26th Januaryher political status was that of a Dominion in the British Commonwealth of Nations.
However, India is still a member of the Commonwealth of Nations.
There, India made a declaration to the effect that notwithstanding her becoming a sovereign independent Republic, she would continue "her full membership of the Commonwealth of Nations and her acceptance of the King of England as the symbol of the free association of the Commonwealth".
But it is to be noted in this connection that this declaration was extra-legal. There is no mention of in it the Constitution of India. It is a voluntary declaration which indicates a free association with no legal obligation.Every Constitution has a Preamble with which it begins and which embodies its objectives or basic purposes.
The framers of the Constitution in this respect were in a most happy position. View and download preamble essays examples. Also discover topics, titles, outlines, thesis statements, and conclusions for your preamble essay.
The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document. The preamble-page, along with other pages of the original Constitution of India was designed and decorated solely by .
The Preamble, as its name implies, serves to introduce the Constitution. Because it neither grants nor denies powers to the federal government, some have been tempted to dismiss it as a mere preface having no real meaning of its own.
Short Essay on Preamble to the Constitution of India – Preamble to the Constitution of India is basically the declaration of our social, economic, religious and legal aspirations. Before the 42nd Amendment to the Constitution the Preamble began thus: “WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a Sovereign, Democratic Republic”.
In short it contains a recital of the facts or state of the law for which it is proposed to legislate by the statute, the object and policy of the legislation and evils or inconveniences it seeks to remedy1. We will write a custom essay sample on Preamble as an aid to interpretation specifically for you for only $ $/page.