International Institute for Democracy and Electoral Assistance

International IDEA/Nepal Jhamsikhel-3, Lalitpur, Nepal Tel: 977-1-5535252, Fax: 977-1-5535252 E-mail: [email protected] Website: www.idea.int/asia_pacific/nepal

Preambles and Directive Principles of State Policy

Preambles On 25 April 1974, the Armed Forces Movement, setting What is International IDEA? the seal on the 's long resistance and A preamble explains the purposes of legal documents The International Institute for interpreting its deep-seated feelings, overthrew the like . Although it is not necessary to have fascist regime. Democracy and Electoral a preamble to a , many countries include Assistance—International preambles as a prefatory text in their constitutions. The liberation of from dictatorship, oppression IDEA—is an intergovernmental and colonialism represented a revolutionary change and Preambles come in various forms. Some preambles an historic new beginning in Portuguese society. organization that supports refer to struggles in the past, especially those that have sustainable democracy worldwide. led to the new Constitution, some describe how the The revolution restored fundamental rights and Its objective is to strengthen new Constitutions were adopted and others refer to freedoms to the people of Portugal. In the exercise of democratic institutions and the common values and hopes of the people and the those rights and freedoms, the people's legitimate orientation the people expect the state to follow. Some representatives have met to draw up a Constitution that processes. preambles are short; others rather long; some are clear meets the country's aspirations. and written simply, while others sound pompous and What does International IDEA are full of legalese; still others use language which The Constituent Assembly affirms the Portuguese do? appeals to emotions. The preamble is addressed to the people's decision to defend their national independence, general population as well as to lawyers and legislators. safeguard the fundamental rights of citizens, establish International IDEA acts as a the basic principles of democracy, secure the primacy catalyst for democracy building Besides acting a guide to the Constitution, a preamble of the in a democratic state and open the by providing knowledge resources has other functions, as well: for example, the way to socialist society, respecting the will of the and policy proposals or by can refer to the preamble when enacting laws, and Portuguese people and keeping in view the building of courts can refer to the preamble when interpreting a freer, more just and more fraternal country. The supporting democratic reforms contentious issues in the constitution to see if the issues Constituent Assembly, meeting in plenary session on in response to specific national uphold the spirit of the preamble. The preamble sets 2 April 1976, approves and the following requests. It works together with the tone for the Constitution, and this thematic Constitution of the Portuguese . policy makers, , UN relationship between a Constitution and its preamble can be seen in the 1990 Constitution of Nepal, which This preamble is quite short. The Constitution of Papua agencies and regional says that the Constitution must not be amended in such New Guinea, on the other hand (passed at the time of organizations engaged in the field a way as to go against the spirit of the preamble (which Independence), is much longer and begins like this: of democracy building. included '' as well as human rights, multiparty democracy and other values). WE, THE PEOPLE OF PAPUA NEW GUINEA— International IDEA’s programmes united in one nation aim to: The tradition of putting a preamble in a Constitution probably began with the US Constitution which begins pay homage to the memory of our ancestors—the with the words, 'We the People of the United States ' provide knowledge resources source of our strength and origin of our combined Many other Constitutions also begin with 'We the heritage in the form of handbooks, people ' to emphasize that Constitutions are based databases and websites, training on the will of the people, not of kings or gods or acknowledge the worthy customs and traditional materials, and foster governments. By emphasizing people, the preamble wisdoms of our people—which have come down professional expert networks; also asserts the Constitution is created for and by a to us from generation to generation political community. Some Constitutions, however, also develop policy proposals include statements like 'God bless our country' or make pledge ourselves to guard and pass on to those who based on this knowledge as a a specific reference to a deity to point to a certain come after us our noble traditions and the Christian religious orientation. means to provoke dialogue and principles that are ours now. debate on how best to There are no rules about how preambles should be And it goes on to say that strengthen democratic written or how long they should be. To illustrate this, processes; let’s look at some preambles. Here is the Preamble of By authority of our inherent right as ancient, free and the Constitution of Portugal (passed after a democratic independent peoples revolution) in its entirety: WE, THE PEOPLE, do now establish this sovereign

This fact sheet is part of a series of Constitutional Briefs produced by International IDEA's Nepal office, © International IDEA, Oct. 2007. International Institute for Democracy and Electoral Assistance

International IDEA/Nepal Jhamsikhel-3, Lalitpur, Nepal Tel: 977-1-5535252, Fax: 977-1-5535252 E-mail: [email protected] Website: www.idea.int/asia_pacific/nepal

Preambles and Directive Principles of State Policy

provide assistance to nation and declare ourselves, under the guiding hand Directive Principles of State Policy democratic reform of God, to be the Independent State of Papua New Guinea. The Directive Principles of State Policy, sometimes processes in response to called National Objectives, can be used to give more national requests and in AND WE ASSERT, by virtue of that authority specific constitutional directions to governments and partnership with regional or to guide the establishment of a just society to promote that all power belongs to the people—acting through the welfare of the people. Governments and courts other organizations. their duly elected representatives need to keep these principles in mind while framing Where does International that respect for the dignity of the individual and and interpreting laws, respectively. However, Directive Principles are usually drafted in such a way as to not IDEA work? community interdependence are basic principles of our society make them enforceable by courts. Directives Principles do have a certain status because they are part of the International IDEA works that we guard with our lives our national identity, Constitution, but they should not be confused with worldwide. It is based in integrity and self respect fundamental rights, which are usually enforceable. Stockholm, Sweden, and has that we reject violence and seek consensus as a The Indian Constitution has a comprehensive list of offices in Latin America, Africa means of solving our common problems the Directive Principles of State Policy influenced by and Asia. the Universal Declaration of Human Rights, the Irish that our national wealth, won by honest, hard work Constitution and the Declaration of the Rights of Man Who are International be equitably shared by all. proclaimed by Revolutionary France. The Directive IDEA’s Member States? Principles of State Policy require the state to adopt The Preamble of the Constitution of India states: policies that provide the citizens with adequate means International IDEA’s Member WE, THE PEOPLE OF INDIA, having solemnly of livelihood and to ensure that ownership and control States are all democracies and resolved to constitute India into a SOVEREIGN of resources are distributed to serve the common good. The protection and empowerment of workers, equal provide both political and SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: justice and free legal aid, empowerment of village level financial support to the work units of self , development of agriculture JUSTICE, social, economic and political; of the Institute. They are: and animal husbandry, environmental protection, a LIBERTY of thought, expression, belief, faith and Australia, Barbados, Belgium, uniform civil code, free and compulsory education of worship; children, promotion of educational and economic Botswana, Canada, Cape Verde, EQUALITY of status and of opportunity; interests of marginalized castes, improved health and Chile, Costa Rica, Denmark, and to promote among them all nutrition standards are also outlined as State priorities. Also among the Directive Principles of State Policy are Finland, Germany, Ghana, FRATERNITY assuring the dignity of the individual the protection of national monuments, separation of India, Mauritius, Mexico, and the unity and integrity of the Nation; the from the and the promotion of Namibia, The Netherlands, IN OUR CONSTITUENT ASSEMBLY this twenty- international peace and security. The Directive Principles Norway, Peru, Portugal, South sixth day of November, 1949, do HEREBY ADOPT, have been the basis for several Land Reform Acts, ENACT AND GIVE TO OURSELVES THIS Africa, Spain, Sweden, Minimum Wages Acts and legislation to expand local CONSTITUTION. governance. Switzerland and Uruguay. The Nepali people will be drafting their own Constitution The Directive Principles of State Policy in the Indian Japan has observer status. soon, and they have a wide range of models to choose from when they draft their preamble to their Constitution in turn have inspired many Constitutions Constitution. The people will be able to choose whether in Africa and Asia, including Nepal. The real value in the preamble should mention the nation’s history, as these principles is the extent to which they inspire has been done in Portugal, include a reference to a governments to be proactive in planning for the welfare higher power, as has been done in New Guinea, or of the people by promoting a social order based on follow India’s example and outline broad principles of social, economic and political justice, and the extent to ethics and governance that the Constitution seeks to which they ensure that all national institutions and uphold. processes support these objectives.