Preamble of the Constitution of India
Contents
Preamble of the Constitution of India
The Preamble in its present form reads:
“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”
A. Ingredients/Components of the Preamble
The Preamble reveals four main ingredients or components:
1. Source of Authority of the Constitution: The Preamble states that the Constitution derives its authority from the people of India, beginning with “We, the People of India”
2. Nature of Indian State: It declares India to be a sovereign, socialist, secular, democratic and republican polity
3. Objectives of the Constitution: It specifies Justice, Liberty, Equality and Fraternity as the objectives
4. Date of Adoption of the Constitution: It stipulates November 26, 1949 as the date of adoption
B. Keywords in the Preamble
1.”We, the People of India”
This phrase affirms that the Constitution of India derives its authority and legitimacy from the people of India. It signifies that the Constitution is not imposed by any external authority but is drafted and adopted by the people themselves, reflecting their collective will and aspirations.
2. Sovereign
The word ‘sovereign’ implies that India is neither a dependency nor a dominion of any other nation, but an independent state. There is no authority above it, and it is free to conduct its own affairs (both internal and external). Being a sovereign state, India can either acquire foreign territory or cede a part of its territory in favour of a foreign state.
3. Socialist
Even before the term was added by the 42nd Amendment in 1976, the Constitution had a socialist content in the form of certain Directive Principles of State Policy. The term implies a commitment to reducing inequality and ensuring equitable distribution of wealth and resources. It emphasizes that the state should work towards the welfare of all citizens and reduce economic disparities.
4. Secular
All religions in India receive the same status and support from the government. It means that the state has no official religion and must treat all religions equally rather than favoring or patronizing any one religion. The state maintains neutrality in religious matters.
5. Democratic
It means that the government derives its authority from the will of the people. The people elect their representatives who form the government. It ensures that supreme power lies with the people, who exercise it through their elected representatives.
6. Republic
It means that the head of the state is an elected person and not a hereditary monarch. In India, the President is the elected head of the state, unlike in monarchies where power is inherited.
7. Justice
The Preamble speaks of social, economic and political justice. The concept of justice goes beyond its narrow legal connotation:
Social Justice: Means that discrimination on the basis of birth, caste, race, sex or religion should cease. All citizens should enjoy equal opportunities in public appointments
Economic Justice: Implies bridging the gap between rich and poor, ensuring equitable distribution of national wealth and resources
Political Justice: All citizens should have equal opportunity to participate in the political system through one person-one vote principle
8. Liberty
The term ‘liberty’ means the absence of restraints on the activities of individuals, along with providing opportunities for individual growth and development. The Preamble seeks to secure liberty of thought, expression, belief, faith and worship. However, liberty is not absolute but qualified – it does not mean license to do whatever one likes.
9. Equality
The term ‘equality’ means the absence of special privileges for any section of society and provision of adequate opportunities for all individuals without discrimination. The Preamble secures equality of status and opportunity in three dimensions:
Civic Equality: Through Fundamental Rights under Right to Equality (Articles 14-18)
Political Equality: Through equal voting rights (Articles 325 and 326)
Economic Equality: Through Directive Principles ensuring equal pay for equal work
10. Fraternity
It refers to brotherhood and the spirit of common sisterhood that binds together all citizens. It assures the dignity of the individual and the unity and integrity of the Nation. It promotes a sense of psychological and emotional attachment to the country and fellow citizens.
Significance of the Preamble
The Preamble holds immense significance in the Indian Constitution:
Philosophy and Values: It encapsulates the fundamental philosophy and values, both political and moral, that underpin the Constitution
Visionary Essence: It serves as the visionary essence of the Constituent Assembly and mirrors the aspirations of the founding fathers
People’s Sovereignty: It underscores that the Constitution’s authority stems from the people, indicating that ultimate sovereignty rests with them
Guiding Light: It serves as a guiding light for constitutional interpretation and justifies the detailed arrangements within the Constitution
Identity Card: N.A. Palkhivala called the Preamble the ‘identity card of the Constitution’
Key to Constitution: According to Sir Ernest Barker, it is the ‘keynote’ to the Constitution
Constitutional Interpretation: It plays an important role in the interpretation of statutes and provisions when language is found ambiguous
Is the Preamble Part of the Constitution or Not?
This has been a subject of considerable debate and judicial interpretation:
Berubari Union Case (1960)
The Supreme Court held that the Preamble shows the general purposes behind several provisions in the Constitution and is “a key to open the mind of the makers.” However, the Court specifically opined that the Preamble is not a part of the Constitution and cannot be regarded as a source of any substantive power.
Kesavananda Bharati Case (1973)
The Supreme Court rejected the earlier opinion in the Berubari case and held that the Preamble is a part of the Constitution. The Court observed that the Preamble is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble.
LIC of India Case (1995)
The Supreme Court again held that the Preamble is an integral part of the Constitution but emphasized that it is not directly enforceable in a court of justice in India.
Current Legal Position
The established legal position is that the Preamble is an integral part of the Constitution and plays a crucial role in constitutional interpretation, but it cannot be directly enforced in courts and does not confer any substantive powers.
Amendment to the Preamble
42nd Constitutional Amendment Act, 1976
The Preamble has been amended only once through the 42nd Constitutional Amendment Act of 1976, enacted during the Emergency period under Indira Gandhi’s government. The amendment added three new words:
‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’
‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’
Can the Preamble be Amended?
In the Kesavananda Bharati case (1973), the Supreme Court held that the Preamble is part of the Constitution and hence can be amended under Article 368, subject to the condition that no amendment violates the ‘Basic Structure’ of the Constitution. Recently, in Balram Singh v. Union of India (2024), the Supreme Court dismissed petitions challenging the inclusion of ‘socialist’ and ‘secular’ in the Preamble, upholding their validity.
Historical Background
The Preamble is based on the ‘Objectives Resolution‘ drafted and moved by Pandit Jawaharlal Nehru on December 13, 1946, which was accepted on January 22, 1947, and adopted by the Constituent Assembly on November 26, 1949. The American Constitution was the first to begin with a Preamble, and many countries, including India, followed this practice.
The Preamble stands as the philosophical foundation of the Indian Constitution, embodying the dreams and aspirations of the people of India while serving as a beacon for constitutional governance and interpretation.
