The Preamble is an introductory statement to the Constitution of India, embodying its guiding purpose, principles, and philosophy. It reflects the ideals and aspirations of the people of India.
1. Introduction
- Basis: It is based on the ‘Objectives Resolution’, drafted and moved by Pandit Jawaharlal Nehru in the Constituent Assembly on December 13, 1946, and adopted on January 22, 1947.
- Significance: It is considered the key to understanding the minds of the Constitution-makers.
- N.A. Palkhivala called it the ‘identity card of the Constitution’.
- K.M. Munshi referred to it as the ‘political horoscope’ of the Indian Constitution.
- Pandit Thakur Das Bhargava, another member of the Constituent Assembly, summed up the importance of the Preamble in the following words: ‘The Preamble is the most precious part of the Constitution. It is the soul of the Constitution. It is a key to the Constitution. It is a jewel set in the Constitution. It is a proper yardstick with which one can measure the worth of the Constitution.’
- Sir Ernest Barker, a distinguished English political scientist, paid a glowing tribute to the political wisdom of the authors of the Preamble. He described the Preamble as the ‘key-note’ to the Constitution.
2. Text of the Preamble
The Preamble, in its present form (after the 42nd Amendment), 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.”
3. Key Components of the Preamble
The Preamble reveals four main components:
- Source of Authority of the Constitution: It derives its authority from “We, the people of India,” signifying that ultimate sovereignty lies with the Indian people.
- Nature of the Indian State: It declares India to be a Sovereign, Socialist, Secular, Democratic, and Republican polity.
- Objectives of the Constitution: It specifies Justice, Liberty, Equality, and Fraternity as the core objectives.
- Date of Adoption of the Constitution: It states November 26, 1949, as the date of adoption. The Constitution came into full effect on January 26, 1950 (Republic Day).
4. Detailed Analysis of Keywords in the Preamble
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Sovereign:
- India is an independent state, free from external control.
- It can legislate on any subject and is not subject to any other state.
- India can acquire foreign territory or cede its territory.
- Membership in international bodies like the Commonwealth or UN does not compromise its sovereignty. India’s membership of the Commonwealth is an extra-constitutional declaration and does not affect India’s sovereignty in any manner.
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Socialist:
- Added by the 42nd Constitutional Amendment Act, 1976.
- India follows ‘Democratic Socialism’, not ‘Communistic Socialism’ (state-controlled nationalisation of all means of production and abolition of private property).
- Aims to end poverty, ignorance, disease, and inequality of opportunity.
- Believes in a ‘mixed economy’ where public and private sectors coexist.
- The Supreme Court noted Indian socialism is a blend of Marxism and Gandhism, leaning towards Gandhian socialism.
- Socialist content was present even before 1976 through Directive Principles of State Policy (DPSP) like Article 38, Article 39, Article 39A, Article 41, Article 42, Article 43, Article 43A, Article 47.
- The New Economic Policy (1991) of liberalisation, privatisation, and globalisation has diluted the socialist credentials of the Indian State to some extent.
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Secular:
- Added by the 42nd Constitutional Amendment Act, 1976.
- The State has no official religion. All religions receive equal respect, protection, and support (Sarva Dharma Sama Bhava – positive concept of secularism).
- This differs from the Western concept which often implies strict separation of state and religion.
- Article 25 to Article 28 (Fundamental Right to Freedom of Religion) guarantee freedom of conscience and the right to profess, practice, and propagate religion.
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Democratic:
- Government derives authority from the will of the people, expressed through elections.
- Used in a broader sense: political, social, and economic democracy.
- Political Democracy: Manifested through universal adult franchise (Article 326), periodic elections, rule of law, independence of the judiciary, and absence of discrimination.
- India has a representative parliamentary democracy where the executive is responsible to the legislature.
- The term ‘democratic’ also encompasses social democracy (liberty, equality, fraternity as a way of life) and economic democracy. Dr. Ambedkar stressed in his concluding speech in the Constituent Assembly that political democracy cannot last unless there lies at the base of it social democracy.
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Republic:
- The head of state is elected, not hereditary. India’s head of state is the President, elected indirectly for a fixed five-year term.
- Political sovereignty vests in the people, not a monarch.
- Absence of any privileged class; all public offices are open to every citizen without discrimination.
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Justice:
- Embraces three forms: Social, Economic, and Political, secured through Fundamental Rights and DPSPs.
- Social Justice: Equal treatment without social distinction (caste, colour, race, religion, sex). Absence of privileges for any section and improvement in conditions of backward classes (SCs, STs, OBCs) and women.
- Economic Justice: Non-discrimination based on economic factors. Elimination of glaring inequalities in wealth, income, and property. The combination of social and economic justice is ‘distributive justice’.
- Political Justice: All citizens have equal political rights, equal access to all political offices, and an equal voice in the government.
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Liberty:
- Liberty of thought, expression, belief, faith, and worship.
- Essential for the successful functioning of the Indian democratic system.
- However, liberty does not mean ’license’ to do what one likes and has to be enjoyed within the limitations mentioned in the Constitution itself (reasonable restrictions).
- These are secured through Fundamental Rights (Article 19 guarantees freedom of speech and expression, etc., and Article 25 to Article 28 guarantee freedom of religion).
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Equality:
- Equality of status and of opportunity.
- Aims to ensure the absence of special privileges to any section of society and the provision of adequate opportunities for all individuals without discrimination.
- The Preamble secures to all citizens of India equality of status and opportunity. This provision embraces three dimensions of equality—civic, political and economic.
- Civic Equality: Ensured by Fundamental Rights like equality before the law (Article 14), prohibition of discrimination (Article 15), equality of opportunity in public employment (Article 16), abolition of untouchability (Article 17), and abolition of titles (Article 18).
- Political Equality: Article 325 (no person to be ineligible for inclusion in electoral rolls on grounds of religion, race, caste or sex) and Article 326 (universal adult franchise).
- Economic Equality: DPSPs like Article 39 (directs the state to secure to men and women equally the right to an adequate means of livelihood and equal pay for equal work).
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Fraternity:
- Sense of brotherhood.
- Aims to assure two things: the dignity of the individual and the unity and integrity of the Nation.
- The word ‘Integrity’ was added to the Preamble by the 42nd Constitutional Amendment (1976).
- Promoted by the system of single citizenship.
- Fundamental Duties (Article 51A) also state that it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India.
- Dignity of the individual signifies that the Constitution not only ensures material betterment but also recognises that the personality of every individual is sacred.
5. Preamble as Part of the Constitution
There was a historical debate on this:
- Berubari Union case (1960): The Supreme Court held that the Preamble is NOT a part of the Constitution. It stated that the Preamble shows the general purposes behind the several provisions but is not a source of power or limitation.
- Kesavananda Bharati case (1973): The Supreme Court overruled its earlier decision 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 light of the grand and noble vision expressed in it. The Court also held that the Preamble can be amended, subject to the “basic structure” doctrine.
- LIC of India case (1995): The Supreme Court again held that the Preamble is an integral part of the Constitution.
Thus, the current position is that the Preamble is a part of the Constitution.
6. Amendability of the Preamble
- The question of whether the Preamble can be amended under Article 368 arose after the Kesavananda Bharati case.
- It was held that since the Preamble is a part of the Constitution, it can be amended, but the “basic elements” or fundamental features of the Constitution as contained in the Preamble cannot be altered by an amendment. This means the basic structure of the Constitution, as reflected in the Preamble, cannot be destroyed.
- The Preamble has been amended only once so far: by the 42nd Constitutional Amendment Act, 1976. This amendment added three new words:
- Socialist
- Secular
- Integrity This amendment was held to be valid.
7. Significance and Role of the Preamble
- It embodies the basic philosophy and fundamental values—political, moral, and religious—on which the Constitution is based.
- It contains the grand and noble vision of the Constituent Assembly and reflects the dreams and aspirations of the founding fathers.
- It acts as a guide for the interpretation of the Constitution by the judiciary, especially where the language of an Article is ambiguous.
- It serves as a yardstick to examine and evaluate any law and action of the government to find out whether it is in consonance with the spirit of the Constitution.
- However, the Preamble is neither a source of power to the legislature nor a prohibition upon the powers of the legislature.
- Its provisions are non-justiciable, meaning they are not enforceable in courts of law. This implies that the government cannot be compelled by the courts to implement the ideals of the Preamble directly, though these ideals inform the interpretation and application of other constitutional provisions.
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