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Preamble of Indian Constitution- History, meaning and keywords:
The American Constitution was the first to begin with a Preamble. Many countries, including India, followed this practise.
Historical Background
On December 13, 1946, Nehru moved the ‘Objective Resolution’ in the Constituent Assembly. This resolution defined the basic goal or purpose of the Indian Constitution. It also acted as the guiding principle for the members of the constituent assembly in framing the constitution. The same resolution was adopted as the Preamble to the Indian Constitution on January 22, 1947.
It has been amended by the 42nd Constitutional Amendment Act (1976), which added three new words–Socialist, Secular and Integrity.
42nd Constitutional Amendment Act was a big amendment which made extensive changes to constitution. That is why it is also called as “Mini Constitution”
Meaning:
The Preamble to the Indian Constitution refers to the
- Introduction/preface to the Indian Constitution
- Essence of the Constitution,
- Reflection of the nation’s identity, its democratic ethos, and its foundational principles.
- Identity Card of the Constitution (by Jurist N.A. Palkhivala)
- Political Horoscope of the Constitution (by K.M.Munshi)
- 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
Text of the 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.
Ingredients of the Preamble
The Preamble reveals four ingredients or components:
1. Source of authority for the Constitution – The Preamble states that the Constitution derives its authority from the people of India.
2. Nature of Indian State – It declares India to be a Sovereign, Socialist, Secular Democratic, and Republican Polity.
3. Objectives of the Constitution – It specifies Justice, Liberty, Equality, and Fraternity as the objectives.
4. Date of adoption of the Constitution – It stipulates November 26, 1949, as the date of its adoption.
Key Words in the Preamble
“We, the People of India”
It is this phrase that affirms that the Constitution of India derives its authority and legitimacy from the people of India.
- This phrase states that the Constitution is not imposed by any external authority but is drafted and adopted by the people themselves, reflecting their collective will and aspirations.
- It signifies the power and responsibility vested in the citizens to govern themselves and participate in the democratic process.
Sovereign
The word ‘sovereign’ implies that India is neither dependent on nor dominated by any other country, but it is a self-governing state.
- No authority is above it, and it is free to manage its own external and internal affairs.
- Being a sovereign state, India can either acquire a foreign territory or cede a part of its territory in favour of a foreign state.
- Though in 1949, India declared the continuation of her full membership of the Commonwealth of Nations and accepted the British Crown as the head of the Commonwealth, this extra-constitutional declaration does not affect India’s sovereignty in any manner3. Further, India’s membership of the United Nations Organisation (UNO) also in no way constitutes a limitation on her sovereignty
Socialist
The word ‘socialist’’ implies that it envisions a socio-economic system where there is an equitable distribution of wealth, resources, and opportunities, aiming to reduce economic inequalities among citizens.
- Notably, the Indian brand of socialism is not a ‘communistic socialism’ (also known as ‘state socialism’) which involves the nationalisation of all means of production and distribution and
the abolition of private property. - The Indian brand of socialism is a ‘democratic socialism’ wherein both private and public sectors co-exist side by side.
- Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards the Gandhian socialism
Secular
The term ‘secular’ too was added by the 42nd Constitutional Amendment
Act of 1976. This word was not expressed mentioned in the original Constitution. But there can be no doubt that Constitution makers wanted to establish such a state and accordingly Articles 25 to 28 (guaranteeing the fundamental right to freedom of religion) have been included in the constitution.
Secularism meaning: It means “principle of religious neutrality and the separation of religion from the affairs of the state”.
- The Indian Constitution embodies the positive concept of secularism, which means all religions in our country, irrespective of their strength, have the same status and support from the state.
- This principle fosters social harmony, tolerance, and respect for religious diversity in a pluralistic society like India.
| Difference between Indian Secularism and Western Secularism | ||
| Western Secularism | Indian Secularism | |
| Complete separation of State and Church/Religion i.e. State won’t interfere in any matters of Religion and vice-versa. | In India, there is no clear line between state and religion. Both the state and religion in India can, and frequently do, engage and intervene in each other’s affairs within legally mandated and judicially established bounds.Secularism in Indian society refers to the treatment of all religions equally and without prejudice between its adherents. Hence, the Indian Constitution embodies the positive concept of secularism, i.e., giving equal respect to all religions or protecting all religions equally. | |
| The state cannot provide financial support to religiously run educational institutions. | In India, all religious minorities have the right to build and run their own educational institutions, which may receive government funding. | |
| In the Western paradigm, the state does not intervene in religious matters until religion is operating within the legal framework. | On the other side, in Indian secularism, the state must intervene in religion to eliminate evils. | |
On the basis of the attitude of the state towards religion, three types of states can be conceived of:
| Atheistic State | The state is anti-religion and hence, condemns all religions. |
| Theocratic State | The state is pro-religion and hence, declares one particular religion as the state religion, as for example, Bangladesh, Burma, Sri Lanka, Pakistan, and so on. |
| Secular State | The state is neutral in the matter of religion and hence, does not uphold any particular religion as the state religion, as for example, USA and India |
Democratic
The term ‘democracy’ is derived from two Greek words: Demos and Kratia meaning ‘People’ and ‘rule’ respectively.
The word ‘democratic’ emphasizes the establishment of a government that is accountable to the people and operates based on the consent of the governed/public.
Democracy is of two types–direct and indirect.
Direct democracy: the people exercise their supreme power directly as is the case in Switzerland. There are four devices of direct democracy:
- Referendum: a procedure whereby a proposed legislation is
referred to the electorate for settlement by their direct votes - Initiative: a method by means of which the people can propose a bill to the legislature for enactment
- Recall: a method by means of which the voters can remove a
representative or an officer before the expiry of his term, when he fails to discharge his duties properly - Plebiscite: a method of obtaining the opinion India’s of people on
any issue of public importance. It is generally used to solve the
territorial disputes
Indirect democracy: The representatives are elected by the people. People’s representatives make government, make laws and exercise the supreme power. This type of democracy also known as representative democracy.
It is of two kinds– Parliamentary and Presidential democracy
- The Indian Constitution provides for a representative parliamentary democracy under which the executive is responsible to the legislature for all its policies and actions.
- Universal voting rights for all adults, periodic elections, the supremacy of law, independence of the judiciary, and the absence of discrimination based on certain attributes are signs of the democratic nature of India’s political system.
- The term ‘democratic’ is used in the Preamble in the broader sense
embracing not only political democracy but also social and economic democracy.
Can Political democracy exist without social/economic democracy?
- Political democracy cannot last unless there lies at the base of it social democracy.
- What does social democracy mean? It means a way of life
which recognises liberty, equality and fraternity. The principles of liberty, equality and fraternity are not to be treated as separate items in a trinity. - They form a union of trinity in the sense that to divorce one from the other is to defeat the very purpose of democracy. 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”.
Republic
The term “republic” signifies a form of government where the head of state is elected by the people or their representatives, rather than being hereditary or appointed based on lineage.
- It reflects the rejection of monarchy and the establishment of a political system based on democratic principles, where the authority of the government is derived from the consent of the governed.
- A republic also means two additional things-
- Political sovereignty is vested in the people rather than a single ruler like a king.
- There is no privileged class, so all public offices are open to every citizen without any discrimination.
Justice
The term ‘justice’ signifies the commitment of the Indian state to ensure social, economic, and political justice for all its citizens.
- Social justice – It refers to the equal treatment of all citizens regardless of social distinctions like caste, color, race, religion, gender, etc. It means the absence of privileges for any particular group in society and improving conditions of Backward Classes (SCs, STs, and OBCs) and Women.
- Economic justice – It denotes non-discrimination between people based on economic factors. It also involves the elimination of inequalities in income, wealth, and property.
- Political justice – It implies that all citizens should have equal political rights, equal access to all political offices, and equal voice in the government.
- The ideal of justice – social, economic, and political – has been taken from the Russian Revolution.
Liberty
The term ‘liberty’ means the absence of restraints on the activities of individuals, along with providing opportunities for individual growth and development.
- The Preamble seeks to secure for all citizens the fundamental rights of liberty of thought, expression, belief, faith, and worship, which are enforceable in a court of law.
- Liberty, as conceived by the Preamble, is not absolute but qualified. It means that liberty does not mean ‘license’ to do whatever one likes. Instead, it has to be enjoyed within the limitations mentioned in the Constitution.
Equality
The term ‘equality’ means the absence of special privileges for any section of society and the provision of adequate opportunities for all individuals without any discrimination.
- The Preamble secures for all citizens of India equality of status and opportunity in three dimensions:
- Civic Equality – The Fundamental Rights under the Right to Equality (Article 14-18) seek to ensure civil equality.
- Political Equality – The two provisions of the Constitution related to elections, as mentioned in Article 325 and Article 326, seek to ensure political equality.
- Economic Equality – The Directive Principles of State Policy, as mentioned in Article 39, directs the state to secure men’s and women’s equal rights to an adequate means of livelihood along with equal pay for equal work. This seeks to ensure economic equality.
Fraternity
The term “fraternity” emphasizes the importance of fostering a sense of brotherhood and unity among all citizens.
- The Constitution promotes this feeling of fraternity by the system of single citizenship.
- Fundamental Duties (Article 51-A) say that it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all.
The Preamble declares that fraternity has to assure two things—the dignity of the individual and the unity and integrity of the nation.
Dignity of the individual means
- Constitution ensures material betterment and recognizes every person’s sacred individuality.
- protect the dignity of women by stating that it shall be the duty of every citizen of India to renounce practices derogatory to the dignity of women (Fundamental duty Article 51A)
The phrase ‘unity and integrity of the nation’ embraces both the psychological and territorial dimensions of national integration. How?
- Article 1 of the Constitution describes India as a ‘Union of States’ to make it clear that the states have no right to secede from the Union, implying the indestructible nature of the Indian Union.
- It aims at overcoming hindrances to national integration like communalism, regionalism, casteism, linguism, secessionism, and so on.
Significance of Preamble of Indian Constitution
- The Preamble of the Indian Constitution embodies the basic philosophy and fundamental values on which the Constitution is based. Thus, it provides a glimpse of the Constitution of India.
- As the soul and key to the Constitution, it provides a guiding framework for the interpretation and implementation of the various provisions of the Constitution.
- It serves as the guiding light for governance, providing a moral compass for policymakers and lawmakers. It reminds them of the overarching goals of justice, equality, liberty, and fraternity that they must strive to achieve in their decision-making processes.
- It symbolizes the unity and diversity of India by acknowledging the plurality of its citizens and their diverse backgrounds, languages, cultures, and religions.
- It serves as an inspiration for citizens, reminding them of their rights, duties, and responsibilities towards the nation. It instills a sense of patriotism, civic duty, and commitment to the ideals of justice, equality, and fraternity among the populace.
Major Issues and Judgments Related to the Preamble
Is the Preamble a Part of the Constitution of India?
Kesavananda Bharati Case, 1973 and LIC of India Case, 1995:
- Preamble is an integral part of the Constitution,
- But it cannot be directly enforced in a court of justice in India.
Can the Preamble be amended?
Kesavananda Bharati Case, 1973
In this case, the Supreme Court held that the Preamble is a part of the Constitution and hence can be amended, subject to the condition that no amendment is done to the ‘Basic Structure’ of the Constitution.
Amendment to the Preamble
The Preamble to the Constitution has been amended only once by the 42nd Constitutional Amendment Act of 1976. The amendment, which was made based on the recommendations of the Sardar Swaran Singh Committee, added three new words – Socialist, Secular, and Integrity – to the existing Preamble.
Frequently Asked Questions (FAQs)
From where have the ideals of justice – Social, Economic, and Political – been taken?
The idea of social, economic, and political justice has been taken from the Russian Revolution (1917).
What is the original Preamble of the Indian Constitution?
The original Preamble of the Indian Constitution succinctly states the aspirations and objectives of the framers, emphasizing justice, liberty, equality, and fraternity, ensuring the dignity of individuals and the unity and integrity of the nation.
Who described the preamble of Indian Constitution as the political horoscope of the Indian Constitution?
K. M. Munshi described the Preamble as the “political horoscope” of the Indian Constitution.
Who said the preamble is the philosophy of the Indian Constitution?
The Supreme Court of India, in various judgments, has referred to the Preamble as the philosophy or the soul of the Indian Constitution, as it encapsulates the fundamental values and goals.
The Preamble to the Indian Constitution reflects the ideals of which document?
The Preamble reflects the ideals of the Objectives Resolution moved by Jawaharlal Nehru in the Constituent Assembly in 1946, which outlined the vision for an independent India.
What is the Preamble of Indian Constitution?
The Preamble of Indian Constitution is an introductory statement that outlines the guiding principles and core values of the Constitution. It declares India to be a Sovereign, Socialist, Secular, Democratic Republic and commits to securing justice, liberty, equality, and fraternity for all its citizens.
Explain the ideals enshrined in the preamble of the Constitution of India.
The Preamble of the Constitution of India enshrines the foundational ideals and guiding principles that define the essence of the nation.
| Is preamble a part of Indian Constitution? | Yes, it is a part of the Indian constitution, also emphasized in Kesavananda Bharti Case. |
| Who wrote the preamble of India? | The preamble of India contains tenets highlighted in the Objective Resolution drafted by Jawaharlal Nehru in 1946 |
| How many preambles does the Indian Constitution have? | Only 1 preamble along with 25 parts and 12 schedules and 448 articles, Indian Constitution today exists |
| What is the most important word in the Preamble of India? | Though no particular word has been given more importance than others, however, ‘We, the people of India’ are the words which are termed as the most powerful in the Preamble to the Indian Constitution |
| Why do we need a Preamble? | It gives us fundamental values and highlights of the Constitution |
| In which case, did the Supreme Court declare passed a judgement that Preamble is not a part of Indian Constitution? | In Berubari Case (1960), SC declared Preamble not to be a part of Indian Constitution |