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Indian Polity

Preamble to the Indian Constitution

27 Jul 2020 10 min read

Tags: GS Paper - 2 Indian Constitution Constitutional Amendments Judiciary

What is a Preamble?

A preamble is an introductory statement in a document that explains the
document’s philosophy and objectives.

 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


History of the Preamble to Indian Constitution

The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal
Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22
1947.

Although not enforceable in court, the Preamble states the objectives of the
Constitution, and acts as an aid during the interpretation of Articles when language
is found ambiguous.

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.

Th bj ti t t d b th P bl t j ti lib t lit t ll
 The objectives stated by the Preamble are to secure justice, liberty, equality to all
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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.

Key words in the Preamble

We, the people of India: It indicates the ultimate sovereignty of the people of India.
Sovereignty means the independent authority of the State, not being subject to the
control of any other State or external power.

Sovereign: The term means that India has its own independent authority and it is
not a dominion of any other external power. In the country, the legislature has the

power to make laws which are subject to certain limitations.

Socialist: The term means the achievement of socialist ends through democratic
means. It holds faith in a mixed economy where both private and public sectors co-
exist side by side.

It was added in the Preamble by 42nd Amendment, 1976.



Secular: The term means that all the religions in India get equal respect, protection
and support from the state.

It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.

Democratic: The term implies that the Constitution of India has an established form
of Constitution which gets its authority from the will of the people expressed in an
election.

Republic: The term indicates that the head of the state is elected by the people. In
India, the President of India is the elected head of the state.


Objectives of the Indian Constitution

The Constitution is the supreme law and it helps to maintain integrity in the society
and to promote unity among the citizens to build a great nation.

The main objective of the Indian Constitution is to promote harmony throughout

the nation.

The factors which help in achieving this objective are:

 The factors which help in achieving this objective are:
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Justice: It is necessary to maintain order in society that is promised through

various provisions of Fundamental Rights and Directive Principles of State
Policy provided by the Constitution of India. It comprises three elements, which
is social, economic, and political.

Social Justice – Social justice means that the Constitution wants to create a
society without discrimination on any grounds like caste, creed, gender,
religion, etc.

Economic Justice – Economic Justice means no discrimination can be
caused by people on the basis of their wealth, income, and economic status.

 Every person must be paid equally for an equal position and all people must
get opportunities to earn for their living.

Political Justice – Political Justice means all the people have an equal, free
and fair right without any discrimination to participate in political
opportunities.

 Equality: The term ‘Equality’ means no section of society has any special
privileges and all the people have given equal opportunities for everything
without any discriminations. Everyone is equal before the law.

Liberty: The term ‘Liberty’ means freedom for the people to choose their way of
life, have political views and behavior in society. Liberty does not mean freedom
 to do anything, a person can do anything but in the limit set by the law.

Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an emotiona

attachment with the country and all the people. Fraternity helps to promote

dignity and unity in the nation.

Importance of Objectives: It provides a way of life. It includes fraternity, liberty, and

equality as the notion of a happy life and which can not be taken from each other.

Liberty cannot be divorced from equality, equality cannot be divorced from

liberty. Nor can liberty and equality be divorced from fraternity.

Without equality, liberty would produce the supremacy of the few over the many.

Equality without liberty would kill individual initiative.

Without fraternity, liberty would produce the supremacy of the few over the many
 Without fraternity, liberty would produce the supremacy of the few over the many
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Without fraternity, liberty and equality could not become a natural course of
things.

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 two cases.

Berubari Case: It was used as a reference under Article 143(1) of the

 Constitution which was on the implementation of the Indo-Pakistan Agreement
related to the Berubari Union and in exchanging the enclaves which were decided
for consideration by the bench consisting of eight judges.

Through the Berubari case, the Court stated that ‘Preamble is the key to open the
mind of the makers’ but it can not be considered as part of the Constitution.
Therefore it is not enforceable in a court of law.

Kesavananda Bharati Case: In this case, for the first time, a bench of 13 judges was

assembled to hear a writ petition. The Court held that:

The Preamble of the Constitution will now be considered as part of the
Constitution.

The Preamble is not the supreme power or source of any restriction or
prohibition but it plays an important role in the interpretation of statutes and
 provisions of the Constitution.

So, it can be concluded that preamble is part of the introductory part of the
Constitution.

In the 1995 case of Union Government Vs LIC of India also, 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

42nd Amendment Act, 1976: 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 can not be amended
 Constitution, but the basic structure of the preamble can not be amended.
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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’.


Fact:


Article 394 of the Constitution states that Articles 5, 6, 7, 8, 9, 60, 324, 367,
379 and 394 came into force since the adoption of the Constitution on 26th
November 1949 and the rest of the provisions on 26th January 1950.

The concept of Liberty, Equality, and Fraternity in our Preamble was adopted
from the French Motto of the French Revolution.


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Tell us what you think!

3244 Responses

This helped! Food for I still have

thought.. doubts!
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Can do Spotted Update
better.. something!! needed..

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 72 Share Best Newest Oldest

V Vikram − ⚑
 6 months ago

This Case is Incorrect "Union Government Vs LIC of India" of 1995. I request you to provide complete citation
for this case or otherwise I request you sir to please correct this error. Otherwise it may cost smeone's career.
Even
 I use to read from your website.
0 0 Reply • Share ›

SS

Saathi shahiS − ⚑
9 months ago

Amazing....!

✌️🙏❣️
I would like to suggest that if anybody wants to quench the thirst of knowledge and wisdom with authentic
and genuine interest the they must go through this ocean

0 0 Reply • Share ›

S Shrusti − ⚑
★★★★★ a year ago
f l 🙏
Perfect article 🙏 Online Courses (English)
0 0 Reply • Share ›

AM Ayush mishra − ⚑
a year ago

Is preamble enforceable in special case

1 0 Reply • Share ›

− ⚑
A
Anubhav > Ayush mishra
a year ago edited


Preamble is not legally enforcable. Only if in case any term of any article is ambiguous or capable of having
more than one meaning than assistance at interpretation can be taken from the objectives enshrined in the
preamble.

 1 0 Reply • Share ›

A AMAN KUMAR > Anubhav − ⚑

a year ago

Wow, what an explanation!

0 0 Reply • Share ›

 − ⚑
RS
rahul sahoo
★★★★★ 2 years ago
good simple way of understanding the preamble.
0 0 Reply • Share ›

nagaraj t v − ⚑
2 years ago

04-10-2021 Bangalore
The text of our Preamble to our Constitution has certain deficiencies:-
1) Sequence of events is missing.
2) 
There are four resolutions ; not two.
All the four resolution should be numbers for easy understanding.
3) Guarantee clause is missing in the resolution.
4) Purpose of adopting the constitution is missing. This lacuna has to be rectified.

If you are action oriented reply to be by e-mail.

No face book, No cookies etc etc., I do not understand.

I appreciate a simple and direct g-mail to me.

Do not direct me to visit / read / contac t elsewhere.

I want result oriented response. - Nagaraj T V

1 0 Reply • Share ›
 nagaraj t v
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− ⚑
2 years ago

04-10--2021 Bangalore.

To all the eminent lawyers.

Who will clarify my doubt?

Regarding : Amendment of the Preamble to our Constitution.

My doubt: 1) Is such amendment a legislative matter?

2) 
Is such amendment a judicial matter - to be decided by Supreme Court only.

3) Any advanced ruling required from Supreme Court, if this matter is ultimately a legislative matter.?

4) Should I petition to Rajya Sabha and raiswe this issue?


5) Can I move the Supreme Court as a matter of public interest?

Can eminent lawyers or intelligent IAS aspirants solve my doubt?

I want result oriented action.

see more


0 0 Reply • Share ›

Bharat Choudhary > nagaraj t v − ⚑

a year ago


Primarily Legislative matter , though Supreme court can intervene (but less likely; case has to be very very
very solid)

0 0 Reply • Share ›


nagaraj t v > Bharat Choudhary − ⚑
a year ago

I am not able to read your comments on 'amending Preamble'. Your blog asks for password. I do not have
any password.

Can you send your comments by a simple e-mail to me? 22-10-2022 Bangalore Nagaraj T V


0 0 Reply • Share ›

nagaraj t v − ⚑
2 years ago

How to amend text of the preamble? 04-10-2021 Bangalore

0 0 Reply • Share ›

Aman Shivhare − ⚑
2 years ago
394. Commencement This article and Articles 5, 6,Courses
Online 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393
(English)
shall come into force at once, and the remaining provisions of this Constitution shall come into force on the
twenty sixth day of January, 1950 , which day is referred to in this Constitution as the commencement of this
Constitution

0 0 Reply • Share ›

− ⚑
P Pratyush Singh Parmar
2 years ago

If ideas were taken from Objective Resolution then what have we taken from USA and AUSTRALIA

0 1 Reply • Share ›

− ⚑
VS
Vaibhav Sharma > Pratyush Singh Parmar
2 years ago

 America
Idea-
Language - Australia

0 0 Reply • Share ›

nagaraj t v − ⚑
3 years ago

02-11-2020 Bangalore
 Preamble of our Constitution
Reg.

1) There are certain deficiencies in the text of the Preamble.

2)Some improvements in quality and clarity to be carried out on the text of the Preamble.
3) 
Sequence of events is missing.
4) 'Assure' and 'ensure' have to be added to the text of the Preamble.
5) Purpose of adoption of Constitution is missing.
6) There is no perfection while the text conveys meaning/intent.

I want to rectify and improve quality of the text of the Preamble.

Will the eminent lawyers respond to me. How to approach Supreme Court or the Legislature, New Delhi.?

Is 
there any prescribed form/application for this purpose.?

Any court fee to be paid.How?

I always aim at perfection in work in any field.!


- Nagaraj T V PAN No.ABTPN5713D Bangalore Retired SBI Manager

0 4 Reply • Share ›

− ⚑
S Shyam Sbs
2 years ago
> nagaraj t v

100% true mate i agree with you

0 1 Reply • Share ›
 nagaraj t v > Shyam Sbs Online Courses (English) − ⚑
2 years ago

04-10-2021
Now how to proceed to make rectification in the text?

0 0 Reply • Share ›

Kurapika The chain thrower > nagaraj t v − ⚑

3 years ago

thik hai bhai...khush raho :)

 3 0 Reply • Share ›

STRANGER > nagaraj t v − ⚑

3 years ago

⛺ Go Away Gtfo GIF - Find & Share on GIPHY — disq.us

8 0 Reply • Share ›

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