Constitution of India Preamble

PREAMBLE
1. Introduction:
The Preamble to the Constitution is the reflection of the core values,
philosophy and objectives that embody the Constitution. It declares India
to be a Sovereign, Socialist, Secular, Democratic, Republic committed to
Justice, Equality and Liberty for the people. Although it does not grant
substantive rights to the people and neither is enforceable in the courts, it
is a guiding light in the interpretation of the Constitution.

The term ‘Preamble’ refers to the introduction or preface to the

Constitution. It contains the summary or essence of the Constitution,
along with the ideals and aspirations upon which the Indian state is
founded.

2. Interpretations of the Preamble of the Indian Constitution by

Scholars and Jurists:
K.C. Wheare: Preamble is “Federal in forms but unitary in spirit or
Quasi-federal”.
Morris Jones: Preamble is “Bargaining federalism.”
Granville Austin: Preamble is “Co-operative federalism.”
Ivor Jennings: Preamble is “Federation with a centralizing tendency.”
N.A. Palkhivala: Preamble is “The identity card of the constitution.”
Thakur Das Bhargava: “Soul of the Constitution.”
K.M. Munshi: “Political horoscope if Indian Constitution.”
In Re Berubari Case (1960): “Key to open the mind of the framers of the
Constitution.”

3. Historical Background:
 Government of India Act, 1919 had a separate preamble.
 Government of India Act, 1935 had no preamble.

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 America was the first country that adopted Preamble for their written
constitution.
 The ‘Preamble’ of Indian Constitution is based on the ‘objective
resolution’ written by Pandit Jawaharlal Nehru.
 To gain a clear understanding of this concept, the following timeline
is important:

Date Event
th
13 December, 1946 ‘Objective Resolutions’ drafted and
moved by Pandit Jawaharlal Nehru.
22nd January,1947 ‘Objective Resolutions’ Accepted and
passed by constituent assembly.
26th November,1949 Preamble was adopted.
26th January,1950 Constitution was commenced (W.E.F.)

4. What is a Preamble?
A preamble is an introductory statement in a document that outlines its
underlying philosophy and objectives. In the context of a Constitution, it
reflects the intent of the framers, the historical context of its creation,
and the fundamental values and principles that define the nation. The
preamble addresses the following key aspects or we can say that three
main aspects of the Indian Preamble:
Source of the Constitution: The People of India are revealed to be the
source of the authority of the Indian Constitution. The words, ‘We, the
People of India’ reflect the same.
Nature of the Indian State: The Preamble of India tags India as the
sovereign, socialist, republic, secular and democratic nation.
Objective of the Indian Constitution: Justice, Liberty, Equality and
Fraternity are denoted as the objectives of the Preamble of India.

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Constitution of India Preamble

5. Preamble of Indian Constitution:

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 HERE BY ADOPT, ENACT
AND GIVE TO OURSELVES THIS CONSTITUTION.

Note: The terms Socialist, Secular, and Integrity were not part of the
original Constitution; they were added later during the Emergency
through the 42nd Amendment Act of 1976.

Note: The Preamble was adopted on 26th November 1949, but the
Constitution
6
came into effect on 26th January 1950.

Note: The ideas of Liberty, Equality, and Fraternity were inspired

by the French motto from the French Revolution.

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Constitution of India Preamble

6. Explanation of Keywords in
We the
the Preamble: People
Fraternity Sovereign

A. WE THE PEOPLE:
This signifies that the Equality Socialist
authority of the Key words
Constitution comes from in Preamble
Secular
the people of India. Liberty

Democratic
B. SOVEREIGN: Justice
This means being supreme Republic
or independent.
Sovereignty has two dimensions: External and Internal.
 External Sovereignty: refers to independence in international
relations, meaning India is free from external control by other
states.
 Internal Sovereignty: signifies the nation’s ability to govern
itself without interference, ensuring the rights and freedoms of its
people while maintaining law and order within its territory.

C. SOCIALIST:
The term "Socialist" was added to the Preamble during the
Emergency by the 42nd Amendment Act of 1976.
 Social Equality: ensures that all individuals are treated equally
regardless of caste, color, creed, sex, religion, or language.
 Economic Equality: implies the government’s commitment to
reducing wealth disparities and providing a decent standard of
living for everyone.

Excel wear Vs. Union of India (1979)

The Supreme Court observed that the addition of the word
"Socialist" in the Preamble opened the door for judgments
favoring nationalization and state ownership of industries.
However, the principle of socialism and social justice must strike
a balance, ensuring that the rights and interests of all sections of
society, including private owners, are not overlooked.

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Constitution of India Preamble

Minerva Mills Ltd. Vs. Union of India (1980)

The Supreme Court looked at the meaning of the word
"socialism." The court explained that a socialist state aims to
ensure social and economic justice for its people, which is
achieved through the balance between Fundamental Rights and
Directive Principles in the Constitution.

D.S Nakara Vs. Union of India (1983)

The Supreme Court stated that socialism is focused on ensuring
that working people have a decent standard of living.

Air India Statutory Corporation Vs. United labour Union (1996)

The Supreme Court observed that the word "Socialist" was added
to the Constitution to create a fair and equal society, governed by
the rule of law.

D. SECULAR:
• The term "Secular," added by the 42nd Amendment, 1976.
• Freedom of religion is one of the fundamental rights
guaranteed through Article 25 to 28 in Part-III of the
Constitution.
• The state (India) has no religion itself. While surrounding
countries have adopted their religion. Ex. Pakistan (Islam),
Burma (Buddhism) etc.

S.R. Bommai Vs. Union of India (1994)

It was held that Secularism is part of basic structure of
Constitution.

St. Xaviers College Vs. State of Gujarat & Anr (1974)

The court said that Secularism is neither anti-God nor pro-God,
Secularism means elimination of God from the matters of the State
and the State has nothing to do with the religion of the people.

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Valsamma Paul Vs. Cochin University (1996)

The court said that inter-caste marriages and adoption are important
for promoting “secularism” and building a fair and equal society as
per the Constitution. Secularism acts like a bridge, connecting
different religions in a diverse society and breaking down barriers.
It is essential for creating a modern and equal society, as aimed by
the Constitution.

Aruna Roy v. Union of India (2002)

The Supreme Court said that secularism has a positive meaning— it
is about promoting understanding and respect for all religions.

E. DEMOCRATIC:
India is a democracy where people elect their governments at all
levels—Union, State, and local—through free and fair elections
based on universal adult franchise, known as "one person, one
vote."

Mohan Lal Vs. District Magistrate of Rai Bareilly (1992)

It was held that Democracy is where the people elect their
representative to form a government and where the basic principle
is to treat the minority in the same way the majority are being
treated.

F. REPUBLIC:
• The democratic polity can be classified
Monarchy
into two categories- monarchy and Democratic
Polity
republic. Republic

• India is a republic, meaning the head

of state is elected, either directly or indirectly, for a fixed term.
• In monarchy, the head of the state (Usually king or queen)
enjoys a hereditary position, that is he/she comes through
succession e.g., Britain.
• In republic, the head of the state is always elected directly or
indirectly for a fixed period. E.g., USA
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Constitution of India Preamble

• The President of India is the head of the state in India is

elected indirectly by the people; through their representative of
Parliament and Legislative Assemblies of State.
• In a republic nation, political autonomy is vested in the people
rather than an imperator.

G. JUSTICE:
 Social Justice: Abolition of inequalities from society.
 Political Justice: Eliminating unfair distinctions in political
matters.
 Economic Justice: Ensuring equal pay for equal work.
 The justice so mentioned in the preamble is secured through
various fundamental rights and Directive Principles of State
Policy.
 Social justice requires the abolition of all types of inequalities
which result from inequalities of wealth, opportunity, race, caste
and religion. It provides for human condition for work, maternity
relief, banning forced labour, abolition of titles etc.
 Economic justice
Abolition of all types of
implies a inequalities resulting
Social from wealth, opportuni-
balanced ty, race, caste and reli-
distribution of gion

wealth among the

Justice

Balanced distribution
individual Economic of wealth among indi-
members of vidual members of
society.
society. This is
ensuring that
Ensure that Indian citi-
wealth is not Political zens have equal rights in
political participations
concentrated in
the hands of a
few individuals only.
 Through political justice, the Constitution wishes to ensure that
the citizens of India have equal rights of participation in politics.
 The ideal of justice-social, economic and political has been taken
from the Russian Revolution.

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Constitution of India Preamble

H. LIBERTY:
Freedom of thought, expression, belief, faith, and worship without
unnecessary restrictions.

I. EQUALITY - STATUS AND OPPORTUNITY:

• Ensuring equal rights and
Art.14: Equality before
opportunities for all citizens. the law
• The term ‘equality’ means

Fundamental Rights realted to

Art.15: Prohibition of
the absence of special discrimination on grounds
of religion, race, caste, sex
privileges to any section of or place of birth.
the society. It means

Equality
Art.16: Equality of
adequate opportunities for all opportunity in matters of
public employment
individuals without any
discrimination. Art.17: Abolition of
untouchability
• There are two provisions in
the Constitution that seek to
Art.18: Abolition of titles
achieve political equality;
o Art.325: No person is
to be declared ineligible for inclusion in electoral rolls on
grounds of religion, race, caste or sex.
o Art.326: Elections to the Lok-Sabha and the state
assemblies to be on the basis of adult suffrage.
J. FRATERNITY:
• Fraternity means a spirit of oneness and brotherhood.
• For assuring dignity of individual and unity and integrity (added
by 42nd amendment) of nation.
• Under Article 19(2) state can put reasonable restrictions on the
freedom of speech and expression in the interest of integrity and
sovereignty of India.

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7. Is the Preamble a part of the Constitution? Can it be

amended?

In Re: Berubari Case (1960)

An 8-judge bench held that the Preamble acts as a guide to
understanding the intentions of the Constitution's framers and the
overall purpose of its provisions. However, it is not considered a
part of the Constitution, nor is it a source of the powers granted by
it. Since it is not part of the Constitution, it cannot be amended
under Article 368, which deals with constitutional amendments.
This was not a very good decision because the motion adopted by
Constituent assembly itself stated that Preamble is a part of the
constitution.

Kesavananda Bharati Sripadagalvaru Vs. State Of Kerala &

Anr (1973)
A 13-judge bench held that while the Preamble is not a source of
power or limitations for the Constitution BUT it is still a part of the
Constitution and can be amended under Article 368.

8. Key Points about the Preamble of the Indian Constitution:

• The Preamble is an integral part of the Constitution.
• The Constitution came into effect on 26th January 1950, but the
Preamble was adopted earlier, on 26th November 1949.
• The Preamble reflects the basic structure of the Constitution
(S.R. Bommai Case).
• It can be amended by Parliament under Article 368.
• The words "Socialist," "Secular," and "Integrity" were added by
the 42nd Amendment Act, 1976, during the Emergency.
• The concepts of Liberty, Equality, and Fraternity were inspired
by the French Revolution's motto.
• The Preamble does not provide a legal framework for
constitutional law.
• It is neither a source of power nor a source of limitations,
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meaning it neither grants powers nor imposes duties.

• Its importance lies in guiding the interpretation of constitutional
provisions.
• The Preamble is not enforceable or justiciable in a court of law,
meaning courts cannot compel the government to implement its
ideals.
• The ideals of liberty, equality and fraternity have been taken from
the French Revolution.
9. CONCLUSION:
The Preamble is the introduction to the Indian Constitution and highlights
the key values and goals of our nation. It declares India as a Sovereign,
Socialist, Secular, Democratic Republic and ensures Justice, Liberty,
Equality, and Fraternity for everyone. These principles aim to create a
fair society where people are treated equally, have the freedom to express
their thoughts and beliefs, and live together with unity and respect for each
other. While the Preamble does not give any legal rights directly, it helps
guide the understanding of the Constitution and its laws. It can also be
amended to meet the needs of the country, as seen in important cases like
the Kesavananda Bharati Case.

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