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Preamble of the Constitution

• The American Constitution was the first to include a Preamble, inspiring many countries, including India, to adopt this practice.
• A Preamble serves as the introduction or preface to the Constitution, summarizing its essence.
• Eminent jurist N.A. Palkhivala referred to the Preamble as the "identity card of the Constitution."
• The Preamble of the Indian Constitution is based on the ‘Objectives Resolution’, drafted by Pandit Nehru and adopted by the Constituent Assembly.
• It was amended in 1976 by the 42nd Constitutional Amendment Act, adding three words:
  • Socialist
  • Secular
  • Integrity

Ingredients of the Preamble

The Preamble highlights four key components:

1. Source of Authority: The Constitution gets its authority from the people of India.
2. Nature of the State: India is declared a sovereign, socialist, secular, democratic, and republican polity.
3. Objectives: The Constitution aims to achieve justice, liberty, equality, and fraternity.
4. Date of Adoption: The Constitution was adopted on November 26, 1949.

Key Words in the Preamble

• Sovereign

• India is an independent state, not dependent or subordinate to any other nation.
• It has complete authority to manage its internal and external affairs without any higher power.
• Despite being a member of the Commonwealth of Nations (with the British Crown as its symbolic head) and the United Nations, India’s sovereignty remains unaffected.
• As a sovereign state, India can acquire or cede territory as needed.

• Socialist

• The word 'Socialist' was added in 1976 through the 42nd Amendment, though the Constitution already had socialist elements in the Directive Principles of State Policy.
• India’s socialism is democratic socialism, not communistic socialism.
  • Democratic socialism supports a mixed economy where both public and private sectors coexist.
  • Its goal is to eliminate poverty, ignorance, disease, and inequality of opportunity.
• Indian socialism blends Marxism and Gandhism, favoring Gandhian principles.
• The Economic Policy of 1991 (liberalisation, privatisation, and globalisation) has diluted India’s socialist character. 

Democratic socialism: The government helps make sure everyone has what they need, like healthcare and education, but people still have the freedom to own businesses and make their own choices.

Communistic socialism: The government controls almost everything, including businesses and property, and makes most of the decisions for the people.

India follows democratic socialism, meaning it supports social welfare while maintaining democratic values and individual freedoms.

• Secular

• The term ‘Secular’ was added by the 42nd Amendment (1976), but the Constitution already reflected secular ideals through Articles 25 to 28, which guarantee freedom of religion.
• Indian secularism embodies a positive concept, meaning all religions are treated equally, with the state providing equal support to all.

• Democratic

• The Preamble declares India as a democratic polity, meaning supreme power lies with the people.
• India follows an indirect (representative) democracy, where elected representatives govern on behalf of the people.
• The Indian system is a parliamentary democracy, where the executive is accountable to the legislature. [In India, the government (executive) must answer to the elected representatives (legislature). This means the government has to explain its actions and decisions to the people who were elected by the citizens. If the elected representatives are not happy with the government's performance, they can remove it from power.]
• Features of Indian democracy include:
  • Universal adult franchise
  • Periodic elections
  • Rule of law
  • Judicial independence
  • No discrimination based on certain grounds.
• The term ‘democratic’ in the Preamble covers political, social, and economic democracy, emphasizing liberty, equality, and fraternity. [The term "democratic" in the Preamble of the Indian Constitution means that India aims to achieve democracy in political, social, and economic areas. This includes ensuring that everyone has the right to participate in politics, promoting social equality and justice, and striving for fair distribution of wealth and resources. These principles are based on the values of freedom, equal rights, and unity.]
• Dr. Ambedkar highlighted that:
  • Liberty, equality, and fraternity form a trinity[3 pillars]—interdependent and essential for true democracy.
  • Without equality, liberty leads to the dominance of a few; without liberty, equality stifles individual growth.
• The Supreme Court (1997) reinforced the vision of an egalitarian society ensuring social, economic, and political justice under the Indian Constitution.

Example 1: Without Equality, Liberty Leads to a Few Being in Charge

Imagine a country where everyone is free to start a business, but only a few people have the resources and opportunities to succeed. This was the case during the Industrial Revolution in 19th-century Europe, where factory owners became very rich, but most workers lived in poor conditions. The freedom to do business was there, but the lack of equality meant only a few people benefited, and the rest were left behind.

Example 2: Without Liberty, Equality Stops People from Growing

In some countries, the government tries to make everyone equal by controlling everything. For example, in the Soviet Union under Stalin, the government made sure everyone had the same amount of money, but they also stopped people from being free to make their own choices. Because of this, people couldn’t think freely, come up with new ideas, or work towards their dreams. The lack of liberty made it hard for individuals to grow or improve their lives.

• Republic

  • A republic means the head of the state is elected, not hereditary.
    • In India, the President is elected indirectly for a fixed term of five years.
  • It also signifies:
    1. Political sovereignty lies with the people, not an individual like a king.
    2. No privileged class—all public offices are open to all citizens without discrimination.

• Justice

• The term ‘justice’ includes three forms:
  1. Social justice: Equal treatment of all citizens, removing distinctions based on caste, religion, gender, etc., and uplifting backward classes (SCs, STs, OBCs) and women.
  2. Economic justice: Eliminating inequalities in wealth, income, and property, ensuring no discrimination based on economic status.
  3. Political justice: Equal political rights, equal access to public offices, and equal participation in governance.
• Together, social and economic justice form ‘distributive justice’.
• The concept of justice in the Preamble is inspired by the Russian Revolution (1917).

• Liberty

  • Liberty means freedom from restraints and providing opportunities for individual development.
  • The Preamble guarantees liberty of thought, expression, belief, faith, and worship through Fundamental Rights, which are enforceable by law.
  • Liberty is not absolute; it must be exercised within the limits set by the Constitution.
  • The ideals of liberty, equality, and fraternity were inspired by the French Revolution (1789–1799).

• Equality

  • Equality means the absence of special privileges and ensuring equal opportunities for all without discrimination.
  • The Preamble secures equality of status and opportunity, encompassing civic, political, and economic equality.
  • Civic equality is ensured through Fundamental Rights like:
    • Article 14: Equality before the law.
    • Article 15: Prohibition of discrimination.
    • Article 16: Equal opportunity in public employment.
    • Article 17: Abolition of untouchability.
    • Article 18: Abolition of titles.
  • Political equality is guaranteed by:
    • Article 325: No ineligibility for electoral rolls based on religion, race, caste, or sex.
    • Article 326: Elections based on adult suffrage.
  • Economic equality is promoted through Article 39 (Directive Principles), ensuring equal livelihood and pay for men and women.

• Fraternity

• Fraternity means a sense of brotherhood, promoted by single citizenship and Fundamental Duties (Article 51-A), which encourage harmony and unity.
• Fraternity ensures:
  1. Dignity of the individual: Recognizes the sacredness of every individual’s personality, supported by Fundamental Rights, Directive Principles, and Fundamental Duties.
  2. Unity and integrity of the nation: The word ‘integrity’ was added by the 42nd Amendment (1976).
• The ‘dignity of the individual’ also includes protecting women’s dignity and renouncing derogatory practices (Article 51-A).
• Unity and integrity include both psychological and territorial integration:
• Article 1 defines India as a Union of States, meaning states cannot secede.
• It counters divisive issues like communalism, regionalism, casteism, and secessionism.

Significance of the Preamble

The Preamble reflects the core values and principles of the Indian Constitution, outlining the political, moral, and religious foundation on which it is built. It represents the vision and aspirations of the Constituent Assembly and the dreams of its framers.

• Sir Alladi Krishnaswami Iyer, a member of the Constituent Assembly, described the Preamble as expressing what the Assembly had thought or dreamt for India.
• K.M. Munshi, a drafting committee member, referred to it as the ‘horoscope’ of India’s sovereign democratic republic, suggesting it defines the nation's destiny.
• Pandit Thakur Das Bhargava called the Preamble the "soul" of the Constitution, emphasizing its importance as a key to understanding the Constitution and its true value.
• Sir Ernest Barker, a respected political scientist, described the Preamble as the ‘key-note’ of the Constitution, capturing its essence, and even quoted it in his book, Principles of Social and Political Theory (1951).
• M. Hidayatullah, former Chief Justice of India, compared the Preamble to the Declaration of Independence of the USA, stating that while similar, it is more than just a declaration—it is the soul of the Constitution and represents a solemn resolve that could only be altered by revolution.

Thus, the Preamble holds immense significance in encapsulating the ideals and foundational principles that guide India’s Constitution.

Preamble as Part of the Constitution

There has been debate regarding whether the Preamble is a formal part of the Constitution.

• Berubari Union Case (1960): The Supreme Court acknowledged that the Preamble reflects the general purposes of the Constitution and can guide the interpretation of ambiguous terms in the Constitution. However, it did not consider the Preamble as a part of the Constitution.

• Kesavananda Bharati Case (1973): The Supreme Court overturned the earlier ruling and declared the Preamble an integral part of the Constitution. It emphasized the importance of interpreting the Constitution in light of the grand vision expressed in the Preamble.

• LIC of India Case (1995): The Supreme Court reaffirmed that the Preamble is indeed a part of the Constitution.

Although the Preamble was inserted last to ensure its conformity with the Constitution, it was adopted by the Constituent Assembly after the rest of the Constitution was finalized. The President of the Constituent Assembly confirmed that the Preamble stands as part of the Constitution, and this view is now accepted by the Supreme Court.

However, there are two important points:

1. The Preamble is not a source of power for the legislature, nor does it limit the legislature's powers.
2. The Preamble is non-justiciable, meaning its provisions cannot be enforced in courts.

Amenability of the Preamble

The question of whether the Preamble can be amended under Article 368 arose in the Kesavananda Bharati Case (1973). The petitioner argued that the Preamble could not be amended because it was not considered a part of the Constitution at that time. The argument also stated that the power of amendment should not be used to destroy or alter the basic elements or fundamental features of the Constitution, which are expressed in the Preamble.

However, the Supreme Court ruled that the Preamble is part of the Constitution. The Court admitted that its earlier view in the Berubari Union Case (1960) was incorrect. The Court also held that while the Preamble can be amended, the basic features of the Constitution outlined in the Preamble cannot be changed through an amendment under Article 368.

The Preamble has been amended only once, in 1976, by the 42nd Constitutional Amendment Act, which added the words Socialist, Secular, and Integrity to the Preamble. This amendment was upheld as valid by the Supreme Court.

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