Preamble

Meaning of the Preamble

● Preamble is a brief introductory statement of a document such as a constitution. It expresses the values and
provides a context or the summary of the Constitution.
● The first country to have a Preamble for its constitution was America. After which, many countries including
India began to follow this practice.

Historical background of the Preamble

● The Preamble of India outlines the fundamental values, principles, and objectives of the Indian Constitution.
● It is based on the ‘Objective Resolution’, which was proposed by Jawahar Lal Nehru in the Constituent
Assembly on 13 December 1946.
● The Objective Resolution was adopted by the Constituent Assembly on 22nd January, 1947.
● The Preamble was enacted after the rest of the Constitution was made by the Constituent Assembly. This
was done to ensure that the Preamble was in conformity with the Constitution adopted.

Components of the Preamble

The Preamble of India provides four key components. They are:

1. Source of authority: In its very first line, the Preamble indicates that the Constitution derives its authority from
the people of India.
2. Nature of government: The preamble declares India to be a sovereign, socialist, democratic republic.
3. Objectives: The Preamble specifically mentions its key ideals and provides its citizens- justice, liberty, equality
and promotes fraternity and dignity of each individual to maintain unity and integrity of the nation.
4. Date of adoption: It lays down 26th November, 1949 as the date of the adoption of the Preamble.

Keywords of the Preamble and their meanings

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 ● We, the people of India: This indicates that the ultimate source of authority of the Constitution lies with
the People of India and they have firmly decided to be an independent nation and give India its Constitution.
● Sovereign: The word ‘Sovereign' implies that India is an independent state and is not dependent on any
other nation for its authority. India is free to manage its affairs. It possesses its own independent power to
make her own decisions and no other nation can interfere in its internal or external affairs.
● Socialist: The word ‘Socialist’ was added by the 42nd Amendment Act, 1976. It means that wealth should be
equally distributed between the people. The government should make attempts to reduce the inequalities that
persist within the society. India chose a democratic socialism approach which led to the adoption of a mixed
economy model where the public and private sectors coexist.
● Secular: The term ‘Secular’ was also not in the original constitution and was added by the 42nd Amendment
Act, 1976. It declared India to be a nation where there is no official state religion, all religions are treated
equally and people are free to choose their religion. India adopted a ‘Positive concept of Secularism’ in which
all religions will get similar support and respect from the State.
● Democratic: As the largest democracy of the world, the Preamble declares India to be a democratic country
where people enjoy equal political rights and are free to elect their rulers. It emphasizes how important free
and fair elections are to maintaining the rule of law of the country.
● Republic: India is declared a republic, meaning the head of state is not a hereditary monarch but is elected by
the people or their representatives. In India, the President is the elected head of the State and is elected by an
electoral college composed of elected representatives.
The objective of the Preamble is to maintain unity and integrity of the nation. The following ideals of the Preamble are:
● Justice: The Preamble underscores the commitment to ensure justice for all citizens, including social, economic,
and political justice.
○ Social justice means treating every individual equally and not being discriminated against on the grounds
of religion, race, caste or other factors.
○ Economic justice aims to eliminate discrimination between the people on the basis of wealth, that leads
to inequalities of income.
○ Political justice means that every individual has an equal right to choose their leader and equal political
opportunities.
○ These ideals of justice aim to create a just and equitable society where inequalities are minimized and were
adopted from the Russian Revolution of 1917.
● Liberty: Liberty means a state of being free while simultaneously creating opportunities for personal
development. The Preamble places a strong emphasis on both individual and group liberties, such as the
freedom of thought, expression, belief, faith and worship. It guarantees citizens' freedom to lead free lives,
both personally and politically.
● Equality: It means that there is absence of any privileges to any section of the society. The Preamble therefore
commits to equality of status and opportunity for all citizens, irrespective of caste, religion, gender, or other
factors. It aims to eliminate discrimination and promote equal opportunities for all.
● Fraternity: The Preamble promotes a sense of fraternity among the people of India, which signifies a feeling
of brotherhood, unity, and solidarity. It emphasizes the importance of maintaining the dignity of the
individual and the unity and integrity of the nation.
○ The ideals of liberty, equality and fraternity have been borrowed from the French Revolution.

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Amendability and status of the Preamble

Preamble of India (after 42nd Amendment

Original Preamble of India
Act, 1976)

● The Preamble of India has been amended only once in 1976, through 42nd Amendment Act and added three
words in the Preamble: Socialist, Secular and Integrity.
● The following are the judgements about the debates surrounding the Preamble:
● Berubari Union Case (1960):
○ It was a significant legal issue involving India and Pakistan over the demarcation of their respective borders
in the Berubari region.
○ The Supreme Court was consulted by the President of India under Article 143 of the constitution.
○ The Supreme Court stated that ‘Preamble is the key to open the mind of the makers’ and is significant as
some interpretations may be taken from the ideals mentioned in the Preamble.
○ However, it specifically mentioned that the Preamble is not part of the Constitution.
● Kesavananda Bharati Case (1973):
○ In this case, the issue was the validity of certain constitutional amendments that threatened the basic
structure of the Constitution, but the case also touched upon the importance of the Preamble.
○ The Supreme Court rejected its earlier interpretation of the status of the Preamble.
○ It ruled that Preamble plays an important role in the interpretation of statutes and provisions of the
Constitution. Thus, the Preamble is a part of the Constitution.
○ The Supreme Court also held that as Preamble is a part of the Constitution, it can also be amended
under Article 368 of the Constitution. However, basic features cannot be amended.
● LIC of India Case (1995):
○ The Supreme Court again ruled that Preamble is an integral part of the Constitution. However, it is not
enforceable in the court of law.

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 ● The Preamble is not justiciable in courts of law and is neither a source of power nor a source of prohibition
to the legislature, unlike the other parts of the Constitution.
● The Preamble of the Constitution, although not enforceable in the courts but is considered as an important
document during the interpretation of the constitution.

Significance of the Preamble

● The Preamble is considered as the Soul of the Constitution as it outlines the fundamental objectives and core
values that the Indian Constitution seeks to achieve.
● The Preamble of the Indian Constitution although not enforceable but serves as a guide when interpreting
the Articles when there are ambiguous or have multiple interpretations.
● It expresses the collective will and aspirations of the people of India, emphasizing justice, liberty, equality,
and fraternity, as well as democracy and secularism.
● The members of the Constituent Assembly had different interpretations for the Preamble:
❖ N A Palkhivala has called Preamble as the ‘identity card of the Constitution’
❖ K.M. Munshi, a member of the Drafting Committee of the Constituent Assembly visualized Preamble as
the ‘Horoscope of our sovereign democratic republic’.
❖ Pandit Thakur Das, another member of Constituent Assembly, called Preamble as the ‘soul of the
Constitution’, ‘key to the Constitution’, 'jewel set in the Constitution’ and considered it a ‘proper
yardstick with which one can measure the worth of the Constitution’.
❖ Sir Ernest Barker, an English political scientist described the preamble as the ‘key-note to the
Constitution’.