Preamble to the Indian Constitution

 

Introduction

• The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose, principles and philosophy of the constitution.
• In a constitution, it presents the intention of its framers, the history behind its creation, and the core values and principles of the nation.
• The preamble basically gives idea of the following things/objects - Source of the Constitution, Nature of Indian State, Statement of its objectives, Date of its adoption
• However, it is non justifiable and non-enforceable by courts. It is derived from the Objectives Resolution proposed by Jawaharlal Nehru in the constituent assembly on January 22, 1947.
• It was adopted on 26 November 1949 by the Constituent Assembly and came into effect on 26 January 1950, celebrated as the Republic Day in India.

 

Components of Preamble

• It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India.
• Preamble declares India to be a sovereign, socialist, secular and democratic republic.
• The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation.
• The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.

 

Significance of Preamble

• It is an important guide and serves as Guiding light to interpret the true spirit of the Constitution.
• Helps in determining constitutional validity of legislative or an executive action.
• Preamble is the ‘horoscope of our sovereign democratic republic’ – K.M. Munshi
• Embodies the basic philosophy and fundamental values – political, moral and religious–on which the Constitution is based.
• According to M. Hidayatullah - It is the soul of our Constitution, which lays down the pattern of our political society. It contains a solemn resolve, which nothing but a revolution can alter. 

 

Status of Preamble

•  The preamble being part of the Constitution is discussed several times in the Supreme Court. It can be understood by reading the following cases.

•  Berubari Union case, 1960

•  Through the Berubari case the Supreme Court stated that the Preamble shows the general purposes behind the several provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution but it cannot be considered as part of the Constitution. Therefore, it is not enforceable in a court of law.

•  Kesavananda Bharati case, 1973

•  In this case, for the first time, a bench of 13 judges was assembled to hear a writ petition.
• Supreme Court rejected the earlier opinion (in the Berubari Case) and held that the Preamble is a part of the Constitution. It 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. But it has no legal effect independent of other parts.

•  LIC vs. Union of India Case, 1995

• The Supreme Court has once again held that Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India.

 

Amendment of the Preamble

• After the judgment of the Kesavanand Bharati case, it was accepted that the preamble is part of the Constitution.
• As a part of the Constitution, preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble cannot be amended.
• Because the structure of the Constitution is based on the basic elements of the Preamble. As of now, the preamble is only amended once through the 42nd amendment act, 1976. 
• The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42nd Amendment Act, 1976.
• ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’.
• ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.

 

Important keywords in the Preamble are -

Sovereign

• The Preamble proclaims that India is a Sovereign State. 'Sovereign' means that India has its own independent authority and it is not a dominion or dependent state of any other external power. The Legislature of India has the powers to enact laws in the country subject to certain limitations imposed by the Constitution.

Socialist

•  The word 'Socialist' was added to the Preamble by the 42nd Constitutional Amendment in 1976. Socialism means the achievement of socialist ends through democratic means. India has adopted 'Democratic Socialism'. Democratic Socialism holds faith in a mixed economy where both private and public sectors co-exist side by side. It aims to end poverty, ignorance, disease and inequality of opportunity.

Secular

•  The word 'Secular' was incorporated in the Preamble by the 42nd Constitutional Amendment in 1976. The term secular in the Constitution of India means that all the religions in India get equal respect, protection and support from the state. Articles 25 to 28 in Part III of the Constitution guarantee Freedom of Religion as a Fundamental Right.

Democratic

• The term Democratic indicates that the Constitution has established a form of government that gets its authority from the will of the people expressed in an election. The Preamble resolves India to be a democratic country. That means the supreme power lies with the people. In the Preamble, the term democracy is used for political, economic and social democracy. The responsible representative government, universal adult franchise, one vote one value, an independent judiciary, etc. are the features of Indian democracy.

Republic

• In a Republic, the head of the state is elected by the people directly or indirectly. In India, the President is the head of the state. The President of India is elected indirectly by the people; that means, through their representatives in the Parliament and the State Assemblies. Moreover, in a republic, political sovereignty is vested in the people rather than a monarch.

Justice

• The term Justice in the Preamble embraces three distinct forms: Social, economic and political, secured through various provisions of the Fundamental and Directive Principles.
• Social justice in the Preamble means that the Constitution wants to create a more equitable society based on equal social status. Economic justice means equitable distribution of wealth among the individual members of the society so that wealth is not concentrated in a few hands. Political Justice means that all citizens have equal rights in political participation. Indian Constitution provides for universal adult suffrage and equal value for each vote.

Liberty

• Liberty implies the absence of restraints or domination on the activities of an individual such as freedom from slavery, serfdom, imprisonment, despotism, etc. The Preamble provides for the liberty of thought, expression, belief, faith, and worship.

Equality

• Equality means the absence of privileges or discrimination against any section of the society. The Preamble provides for equality of status and opportunity to all the people of the country. The Constitution strives to provide social, economic and political equality in the country.
• Without equality, liberty would produce the supremacy of the few over the many.
• Equality without liberty would kill individual initiative.

Fraternity

• Fraternity means the feeling of brotherhood.
• Through a single citizenship promote a feeling of brotherhood irrespective of caste, religion, sex, creed, and race. It means that the state has to ensure unity and integrity of nation along with dignity of the individual.
• Without fraternity, liberty would produce the supremacy of the few over the many.
• Without fraternity, liberty and equality could not become a natural course of things.