THE PREAMBLE OF THE INDIAN CONSTITUTION

The preamble of the Indian Constitution is a brief introductory statement of the

Constitution that sets out the guiding purpose, principles and philosophy of the Indian
Constitution.
By 42nd Constitutional Amendment, 1976, it was amended which determined to
constitute India into a Sovereign, Socialist, Secular and Democratic Republic. It secures
justice, liberty, equality to all citizens of India and promotes fraternity amongst the
people.
The Preamble of Indian Constitution starts as -
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 twenty-sixth day of November, 1949, do Hereby Adopt,
Enact and Give to Ourselves This Constitution.
Components of Preamble
1. It is indicated by the Preamble that the source of authority of the Constitution lies with
the people of India.
2. Preamble declares India to be a sovereign, socialist, secular and democratic republic.
3. The objectives stated by the Preamble are to secure justice, liberty, equality to all
citizens and promote fraternity to maintain unity and integrity of the nation.
4. The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.
 The basic structures of the Preamble-
1. Sovereign
The term ‘Sovereign’ which is proclaimed by the Preamble 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 is subjected to certain
limitations. Sovereignty is one of the foremost elements of any independent State. It
means absolute independence, i.e., a government which is not controlled by any other
power: internal or external. A country cannot have its own constitution without being
sovereign. India is a sovereign country. It is free from external control. It can frame its
policies. India is free to formulate its own foreign policy. “Sovereignty” is therefore a
term of art rather than a legal expression capable of a precise definition

2. Socialist
The term ‘Socialist’ means the achievement of socialist ends through democratic
means. It is basically a ‘Democratic Socialism’ that holds faith in a mixed economy where
both private and public sectors co-exist side by side.
The word socialist was not there in the Preamble of the Constitution in its original
form. In 1976, the 42nd Amendment to the Constitution incorporated ‘Socialist’ and
‘Secular’, in the Preamble. The word ‘Socialism’ had been used in the context of
economic planning. It signifies major role in the economy. It also means commitment to
attain ideals like removal of inequalities, provision of minimum basic necessities to all,
equal pay for equal work. In the Directive Principles of the State Policy, these ideals have
been incorporated as well as partly, implemented in the Constitution
Socialism is implicit in the Preamble and the directive principle of the Constitution.
The term “economic justice” in the Preamble denotes nothing but India’s resolve to bring
socio-economic revolution. The Directive Principles, particularly Article 39 (b) and (c)
of Constitution are charters of social and economic liberties of the people. The word
‘socialism’ has, however, no definite meaning. It has been invariably used in both types
of Constitutions- democratic and communistic. Generally, the term implies a system of
government in which the means of production is wholly or partially controlled by the
State. India’s socialism is, however, a democratic socialism and not a ‘communistic
socialism’.
For this purpose, the preamble has combined both the words, Socialism and
Democracy in the Preamble. This combination of words: socialism and democracy have
been criticized by many writers. It has been said that these cannot co-exist. This criticism
is, however, not justified in view of the gradual change of thinking of the modern
socialists. Their thinking is in line with the idea of welfare state which would prevent
only the excess of exploitation and free competition without destroying individual
initiative and without detriment to the political freedoms. It is thus the marriage of
democracy and socialism which has been embedded in the Indian Constitution. In Excel
Wear v. Union of India, the S.C. considered the effect of the word ‘socialist’ in the
Preamble. The Court held that addition of the word “Socialist” might enable the courts to
lean more in favor of nationalization and state ownership of an industry. In D.S. Nakara
v. Union of India, the S.C. held that the basic framework of socialism is to provide a
decent standard of life to the working people and especially provide security form cradle
to grave. This amongst others are on economic side envisaged economic equality and
equitable distribution of income
3. Secular
The term ‘Secular’ was incorporated in the Preamble by 42nd Constitutional
Amendment, 1976 which means that all the religions in India get equal respect, protection
and support from the state.
In the context of secularism in India, it is said that ‘India is neither religious, nor
irreligious nor anti- religious.’ It implies that in India there will be no ‘State’ religion –
the ‘State’ will not support any particular religion out of public fund. This has two
implications,
a. every individual is free to believe in, and practice, any religion he/ she belongs to, and,
b. State will not discriminate against any individual or group on the basis of religion.
The concept of secularism was already implicit in the Constitution, “liberty of...
belief, faith and worship”. Articles 25 to 28 of the Constitution guarantee to every person
the freedom of conscience and the right to profess, practice and propogate religion. In St.
Xaviers College v. State of Gujarat, the SC has held, “although the words ‘SECULAR
STATE’ are not expressly mentioned in the Constitution but there can be no doubt that
Constitution-makers wanted to establish such a state” and accordingly Articles 25 to 28
have been included in the Constitution.
In S.R. Bommai v. Union of India, the supreme court held that “secularism is the basic
feature of the Constitution.
In Aruna Roy v. Union of India, the Supreme Court has said that Secularism has a positive
meaning that is developing, understanding and respect towards different religions.
There is no mysticism in the secular character of the State. Secularism is not anti-
God; it treats alike the devout, the agnostic and the atheist. It eliminates God from the
matters of the state and ensures that no one shall be discriminated against on the ground
of religion.
4. Democratic Republic
The term ‘Democratic’ 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.
The term ‘Republic’ indicates that the head of the state is elected by the people
directly or indirectly. In India, the President is the head of the state and he is elected
indirectly by the people.
The last line of the Preamble says ‘.... Hereby Adopt, Enact And Give To Ourselves
This Constitution’. In fact the Democratic principles of the country flow from this
memorable last line of the Preamble. Democracy is generally known as government of
the people, by the people and for the people. Effectively this means that the Government
is elected by the people, it is responsible and accountable to the people. The democratic
principles are highlighted with the provisions of universal adult franchise, elections,
fundamental rights, and responsible government.
The Preamble also declares India as a Republic. It means that the head of the State
is the President who is indirectly elected and he is not a hereditary ruler as in case of the
British Monarch.
5. Justice
Justice promises to give people what they are entitled to in terms of basic rights to
food, Clothing, housing, participation in the decision-making and living with dignity as
Human Beings. The Preamble covers all these dimensions of justice – social, economic
and political. Besides, the granting of political justice in the form of universal adult
franchise or the representative form of democracy.
6. Liberty
The Preamble also mentions about liberty of thought and expression. These
freedoms have been guaranteed in the Constitution through the Fundamental Rights.
Though freedom from want has not been guaranteed in the Fundamental Rights, certain
directives to the State have been mentioned in the Directive Principles. The importance
of the judiciary in India in this connection must also be highlighted in this country. In this
connection reference may be made to two decisions of the Supreme Court viz., Govt of
A.P. and others vs. P. Laxmi Devi and Deepak Bajaj vs. State of Maharashtra and others.
In these cases, the Supreme Court has emphasized the importance of liberty for progress,
and has observed that the judiciary must act as guardians of the liberties of the people,
protecting them against executive, or even legislative arbitrariness or despotism. Liberty,
Equality and Fraternity are not to be treated as separate entities but a trinity. They form a
union in that and to divorce one from the other is to defeat the very purpose of Democracy.
7. Equality
Equality is considered to be the essence of modern democratic ideology. The
Constitution makers placed the ideals of equality in a place of pride in the Preamble. All
kinds of inequality based on the concept of rulers and the ruled or on the basis of caste
and gender, were to be eliminated. All citizens of India should be treated equally and
extended equal protection of law without any discrimination based on caste, creed, birth,
religion, sex etc. Similarly equality of opportunities implies that regardless of the socio-
economic situations into which one is born, he/she will have the same chance as
everybody else to develop his/ her talents and choose means of livelihood.
8. Fraternity, Dignity, Unity and Integrity
In the background of India’s multi-lingual, multi-cultural and multi- religious
society and keeping in view the partition of the country, the framers of the Constitution
were very much concerned about the unity and integrity of our newly independent
country. There was a need for harmonious co-existence among various religions,
linguistic, cultural and economic groups. Inclusion of phrases like ‘dignity of
individuals’, ‘fraternity among people’ and ‘unity and integrity of the nation’ in the
Preamble highlight such a need.
“Some people have started saying that to combat terrorism, it is necessary to curtail
civil liberties and introduce draconian laws. To my mind, this is a dangerous idea, and
hence it is necessary to explain the importance of liberty and democracy”- said by Justice
Markandey Katju
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 cannot be amended.
 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’.
 Interpretation of The Supreme Court
 Berubari Union case
In this case, it was held by the Supreme Court that the Preamble is the part of the
[Link], it recognised that the Preamble could be used as a guiding
principle if a term in any article of the Constitution is ambiguous or has more than one
meaning.
 Keshvananda Bharti v. State of Kerala
In this case, The Supreme Court overturned its earlier decision and held that the
Preamble is a part of the Constitution and can be amended under Article 368 of the
Constitution. The court ruled that the basic structure of the Constitution, as reflected in
the Preamble, cannot be amended by the Parliament.
 S.R. Bommai v. Union of India (1994):
The Supreme Court, in this case, emphasized the secular nature of the Indian
Constitution and held that any attempt to disturb the secular fabric of the nation would be
unconstitutional. The court referred to the Preamble to support its interpretation of
secularism.
 Indira Nehru Gandhi v. Raj Narain (1975):
In this case, the Supreme Court observed that the Preamble reflects the basic features
and fundamental ideals of the Constitution. It held that the principles enshrined in the
Preamble are key to understanding the Constitution’s spirit and should guide its
interpretation.
 Ramesh Thapar v. State of Madras (1950):
The Supreme Court, in this case, held that the Preamble can be used as a key to
unlock the minds of the Constitution’s framers and understand their intentions while
interpreting the Constitution.
 LIC of India v. Consumer Education and Research Centre (1995):
The Supreme Court, in this case, held that the Preamble indicates the social and
economic objectives of the Constitution and can be used to determine the constitutionality
of legislation.