Introduction
The Preamble to the Indian Constitution is more than a preface, it is the soul and essence of the Constitution. The Preamble was adopted on 26th January 1950. It does declare the philosophy and basic principles of the Constitution. It starts with those magnificent words “We the People of India”, which reflect the soul of Indian democracy. These words clearly indicate that the final word was with the people and that the Constitution’s authority comes from them. The Constitution framers made this particular expression a conscious choice to emphasize the point that India would be run by citizens and not any emperor or colonial power.
The meaning of “We the People” goes beyond legalistic wording. It is the democratic spirit of India and it is a declaration of the sovereignty lying in the people. Being able to savor the value of these words is being able to savor the Indian democratic spirit. This article analyzes the meaning of the Preamble, the meaning of “We the People,” and how they are relevant to the government of today.
What are the Significance of the Preamble
Preamble is the identity card of the Constitution. Preamble declares the objectives which the Constitution wishes to achieve. It declares India to be a Sovereign, Socialist, Secular, Democratic Republic and promises to give Justice, Liberty, Equality, and Fraternity to all the citizens. It also promises to secure the welfare of the integrity and unity of the people of India.
When the framers were penning the Preamble, they took a cue from the American Constitution, in which the very constitution starts with “We the People.” People are described using this as the fountainhead of all power in the Indian constitutional structure. The government is only a trustee, and the power rests with the people. This concept is the very essence of popular sovereignty, a doctrine that guarantees the utmost power to govern is held by citizens.
Background of Preamble
The phrase “We the People” is of gigantic historical significance. Indians had endured centuries of British colonial domination and wanted to establish an order of self-government by the will of the people. The Constituent Assembly that drafted the Constitution consisted of persons elected by the Indian people. By starting with these words in the Preamble, the founders signaled an unmistakable break from the colonial past and the onset of a democratic India.
Dr. B.R. Ambedkar, Chairman of the Drafting Committee as well, ensured that the Constitution did not derive its strength from a higher authority than God but from the people themselves. It was a new, revolutionary idea then because it made the people the center of the government. It gave them political rights but also a sense of proprietorship of the law of the land.
What is the Legal Position of the Preamble
Initially, the Preamble was believed to be a non-justiciable part of the Constitution, i.e., not enforceable through courts. But in the case of Kesavananda Bharati v. State of Kerala (1973), the Supreme Court considered the Preamble as a part of the Constitution. The Preamble cannot vest power, but it is a mirror image of the interpretation of the provisions and the Constitution. The Court also established that the basics of the Constitution, democratic principles and secular principles per se, cannot be altered even by way of amendment.
Then, subsequently, in LIC of India v. Consumer Education and Research Centre (1995), the Supreme Court reasserted that Preamble embodies the substance of the Constitution and must be read together with it as an integral part of its fabric. This says a great deal about how ubiquitous “We the People” is in constitutional interpretation in India.
Why “We the People” Matters in a Democracy
The slogan “We the People” believes that the people and not a government or a ruler is sovereign. The people elect their representative, and they govern as per their choice in a democratic system. This is done for accountability so that the power comes from the people to the government and not from the government to the people. The government cannot act autocratically, it has to act according to the people’s will as provisioned in the Constitution.
This sentence also develops the doctrine of equality. The citizens of all castes, religions, genders, and economic backgrounds are equally accountable in the governance of the country. Through the use of “We,” the Preamble emphasizes shared ownership and camaraderie by all Indians. It makes sure that everyone accepts responsibility for the Constitution and that it is a uniting force for national integration.
Impact on Governance and Lawmaking
The term “We the People” holds meaning in laws being made and how the government functions. Since the Constitution is the people’s derivative, any policy or law encroaching on their fundamental rights can be held invalid by courts. Judicial review, being a vital cog in the Indian justice system, makes the government accountable to the people.
The language also requires citizens to be positively active in democratic life. Voting, public debate, and civic activism are all iterations of the proposition that sovereignty lies with the people. In times of constitutional crisis, the Preamble is called upon by the courts as a tool for enforcing democratic mores, demonstrating its utility even after many decades of governance.
Modern Relevance of the Preamble
Even today, the Preamble still directs Indian democracy. It reminds citizens, administrators, and legislators that India stands committed to justice, equality, freedom, and fraternity. The inclusion of the adjectives Socialist, Secular, and Integrity by the 42nd Amendment in 1976 also clarified its purpose. These are values that keep a multicultural state like India peaceful.
With globalization and rapid technological change, popular sovereignty is as applicable now as it was when the term was first employed. Citizens, via constitutional mechanisms, still shape policies that impact them. The Preamble operates to make sure that the government remains people-centered, resisting authoritarianism and protecting democratic values.
FAQ
What does “We the People” in the Indian Preamble mean?
It means that the Constitution derives its authority from the Indian people and that the people are the source of all power in a democracy.
Why did the framers place “We the People” in the Preamble?
The framers placed “We the People” there so that they could be able to state popular sovereignty and let everyone know that India’s government would be of the people, by the people, and for the people, and not by some overseas power.
Is the Preamble included in the Constitution?
Yes, the Supreme Court, in the case of Kesavananda Bharati, held that the Preamble is a part of the Constitution, but not judicially enforceable.
Why is the Preamble significant today?
It is a directive principle in interpreting the Constitution and establishes India as a sovereign, socialist, secular, and democratic republic.
Has the Preamble changed?
Yes, it was also changed once in 1976 by the 42nd Amendment to include the Socialist, Secular, and Integrity words.
Conclusion
India’s Preamble beginning with “We the People” is not just a preface to the Constitution, it is the Indian democracy’s conscience. These words do actually make one realize that the final power rests with the people themselves, who are, in fact, the sovereigns of a democratic system. Stating the ideals of justice, liberty, equality, and fraternity, the Preamble continues to inspire governance and interpretation of law to date. It makes us realize that the Constitution is not a gift of rulers but a vow of people to govern themselves democratically, inclusively, and justly.
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