The Preamble of the Indian Constitution stands as a beacon, illuminating the foundational principles upon which the nation is built. It serves as a succinct yet profound articulation of the ideals, aspirations, and commitments that underpin the governance of the world’s largest democracy.
On December 13, 1946, Jawaharlal Nehru introduced the ‘Objective Resolution’ in the Constituent Assembly. This resolution outlined the fundamental objective or aim of the Indian Constitution and served as a guiding principle for the members of the assembly in drafting the constitution. Subsequently, on January 22, 1947, the same resolution was adopted as the Preamble to the Indian Constitution.
Text of Preamble
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 26th day of November 1949, do HEREBY ADOPT, ENACT, and GIVE TO OURSELVES THIS CONSTITUTION.
Key Phrases
We, the People of India”
The expression “We, the People of India” emphasizes that the authority and legitimacy of the Constitution of India stem from its citizens. This declaration asserts that the Constitution is not imposed by any external entity but is crafted and endorsed by the populace, reflecting their shared desires and intentions. It underscores the citizens’ power and duty to self-govern and engage in the democratic system.
Sovereign
The term ‘sovereign’ signifies that India is an independent and self-governing nation, not subject to the control or dominance of any other country. India has full authority to govern its internal and external affairs without interference from external authorities. As a sovereign state, India has the autonomy to either acquire foreign territory or relinquish parts of its territory to other nations.
Socialist
The term ‘socialist’ in the context of the Indian Constitution suggests a vision for a socio-economic system characterized by fair distribution of wealth, resources, and opportunities to reduce economic disparities among citizens. Indian socialism, known as ‘democratic socialism,’ advocates for the coexistence of both private and public sectors within the economy.
Secular
The term ‘secular’ underscores the principle of religious neutrality and the distinction between religious institutions and governmental affairs. In the Indian Constitution, secularism embodies the idea that all religions are treated equally by the state, regardless of their size or influence. This approach promotes social cohesion, tolerance, and appreciation for the religious diversity present in India’s pluralistic society.
Democratic
The term ‘democratic’ highlights the establishment of a government that is answerable to the people and functions with their consent. In the Indian Constitution, a representative parliamentary democracy is outlined, where the executive is accountable to the legislature for its decisions and initiatives. Features such as universal adult suffrage, regular elections, the rule of law, judicial independence, and non-discrimination based on specific characteristics signify the democratic character of India’s political system. The term ‘democratic’ encompasses not just political democracy but also social and economic democracy.
Republic
The term “republic” denotes a governmental system where the head of state is chosen by the people or their representatives, rather than inheriting the position or being appointed based on lineage. This concept signifies the abandonment of monarchy in favor of a political system rooted in democratic principles, where the legitimacy of the government comes from the consent of the governed.
Additionally, a republic implies two further principles:
- Political sovereignty rests with the people rather than being concentrated in a single ruler like a monarch.
- There is no privileged class, ensuring that all public positions are accessible to every citizen without discrimination.
Justice
The term ‘justice’ in the Indian context represents the commitment of the state to ensure social, economic, and political equality for all citizens.
Social justice entails the fair treatment of all individuals regardless of social categorizations such as caste, color, race, religion, or gender. It advocates for the eradication of privileges for any particular group and strives to improve the conditions of marginalized communities like Scheduled Castes, Scheduled Tribes, Other Backward Classes, and women.
Economic justice focuses on eliminating discrimination based on economic factors and aims to reduce disparities in income, wealth, and property among individuals.
Political justice emphasizes equal political rights, access to all political positions, and the participation of all citizens in governmental affairs.
The concept of justice—social, economic, and political—draws inspiration from the ideals of the Russian Revolution.
Liberty
The term ‘liberty’ denotes the freedom from constraints on individual actions, coupled with opportunities for personal advancement and progress. The Preamble aims to guarantee all citizens the fundamental rights of liberty, including freedom of thought, expression, belief, faith, and worship, which are legally enforceable. However, the concept of liberty, as outlined in the Preamble, is not absolute but rather conditional. It implies that liberty does not equate to unrestrained behavior, but rather must be exercised within the boundaries specified in the Constitution.
Equality
The term ‘equality’ denotes the absence of special privileges for any segment of society and the provision of fair opportunities for all individuals without discrimination. The Preamble guarantees equality of status and opportunity for all citizens of India across three dimensions:
- Civic Equality: Fundamental Rights outlined in Articles 14-18 ensure civil equality.
- Political Equality: Provisions in Articles 325 and 326 of the Constitution pertaining to elections aim to ensure political equality.
- Economic Equality: Article 39 of the Directive Principles of State Policy directs the state to secure equal rights to an adequate livelihood and equal pay for equal work for both men and women, thereby promoting economic equality.
Fraternity
The term “fraternity” underscores the importance of nurturing a sense of brotherhood and unity among all citizens. According to the Preamble, fraternity is responsible for ensuring two key aspects: the dignity of the individual and the unity and integrity of the nation. The concept of “dignity of the individual” implies that the Constitution guarantees material improvement and respects the inherent worth of every individual. Similarly, “unity and integrity of the nation” encompasses both psychological and territorial dimensions of national cohesion. It aims to overcome obstacles to national integration such as communalism, regionalism, casteism, linguistic differences, secessionism, and other divisive forces.
Significance of Preamble
The Preamble of the Indian Constitution encapsulates the foundational philosophy and core values that underpin the Constitution. It offers a succinct overview of the Constitution’s essence, serving as a guiding principle for its interpretation and application.
As the heart and essence of the Constitution, the Preamble provides a moral compass for policymakers and legislators, reminding them of the overarching objectives of justice, equality, liberty, and fraternity that should govern their decision-making. It symbolizes India’s unity amidst diversity, acknowledging the varied backgrounds, languages, cultures, and religions of its citizens.
Furthermore, the Preamble inspires citizens by highlighting their rights, duties, and responsibilities towards the nation. It fosters a sense of patriotism, civic engagement, and dedication to the principles of justice, equality, and fraternity among the populace.
Status of Preamble: Is Preamble a part of Constitution?
Berubari Union Case 1960:
In this case, the Supreme Court made two key points about the Preamble of India:
- The Preamble is not considered a formal part of the Constitution.
- However, because the Preamble reflects the intentions of the Constitution makers, it can be used to help interpret any unclear aspects of the Constitution.
Therefore, following this judgment, the understanding is that while the Preamble is not officially included as part of the Constitution, it can still provide guidance in interpreting the Constitution when needed.
Kesavananda Bharati Case, 1973
In this ruling, the Supreme Court changed its previous stance on the Preamble and stated the following:
- The Preamble of the Indian Constitution is now officially recognized as a part of the Constitution.
- It will have a significant role in interpreting laws and various provisions of the Constitution.
LIC of India Case, 1995
The Supreme Court reiterated that the Preamble remains an essential component of the Constitution; however, it cannot be directly enforced in Indian courts of law.
Amendment of Preamble
The Preamble to the Constitution underwent its sole amendment through the 42nd Constitutional Amendment Act of 1976, following the recommendations of the Sardar Swaran Singh Committee. This amendment introduced three new terms – Socialist, Secular, and Integrity – into the existing Preamble.
‘Socialist’ and ‘Secular‘ were inserted between ‘Sovereign’ and ‘Democratic’, while ‘Unity of the Nation’ was modified to ‘Unity and Integrity of the Nation’.
The Preamble holds immense significance as a foundational document and guiding principle, outlining the core objectives of the entire Constitution. It serves as a declaration and a source of wisdom for the Constitution of India. Hence, lawmakers are required to consider it carefully when formulating laws.
Also read about Making of Indian Constitution and Salient features of Indian Constitution.