Preamble of the Constitution

Text of the Preamble

What is preamble?

• Preamble is an introductory to the constitution. It can also be defined as a summary, prelude or nutshell of the Constitution.
• It is key to unlock the minds of the Constitution makers.
• It is an interpreter of the Constitution i.e., when multiple interpretations are possible, we hold that interpretation which rely with the preamble.
• It acts as guidance to decision making.

Background

• Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit Jawaharlal Nehru, which was adopted by the Constituent Assembly on 22^nd January, 1947.
• The American Constitution was the first to begin with Preamble.
• We adopted from US Preamble.

Components of the preamble

• Source of authority of the Constitution: Preamble states that the Constitution derives its authority from the people of India.
• Nature of the Indian State: It declares India to be sovereign, socialist, secular, democratic and republican
• Objectives of the Constitution: Justice, liberty, equality and
• Date of adoption: 26^th November, 1949.

Keywords in the preamble

• We the people of india: It indicates the independence of people of India, not subject to control of any other state or external power.
• Sovereign: The word ‘sovereign’ implies that India is neither a dependency nor a dominion of any other nation, but an independent state. State has the power to acquire or cede territory from or to other territory.
• Socialist: Our idea of socialism is Democratic Socialism which holds faith in ‘mixed economy’ where both public and private sectors co-exist. It is a pattern of how we manage our economy. It was added to the preamble through 42^nd Constitutional Amendment Act of 1976.
• Secular: The term ‘secular’ was also added by the 42^nd Constitutional Amendment Act of 1976. It indicates that all religions get equal respect, protection and support from the state, which is guaranteed by the Constitution under Articles 25 to 28(fundamental right to freedom of religion). It means tolerant, neutral and does not have a state religion.
• Democratic: Democracy is a form of government in which self rule is practiced through the mode of popular participation in which legitimacy of governing institutions is periodically renewed through popular elections. It offers opportunity for all people to participate, contest and even hold office of power. It offers freedom of choice and governing institutions are ultimately accountable to the people. The word ‘Democratic’ states that, Political Sovereignty or the power to take decisions lies with the people of India i.e., Constitution of India gets its authority from the will of people.

The Indian Constitution provides for representative parliamentary democracy under which the executive is responsible to the legislature for all its policies and actions.

• Republic: It indicates that India has an elected head called the President who is indirectly elected for a fixed term of five years. It also means vesting of political sovereignty in the people and absence of any privileged class.
• Justice: It is given in the Preamble as it is necessary to maintain order in the society through Fundamental Rights and Directive Principle of State Policy. It has three elements:

All the above ideals of justice were taken from the Russian Revolution (1917).

• Liberty: The term ‘liberty’ refers to absence of restraints on the individual’s activities. Preamble secures to all citizens of India liberty of thought, expression, belief, faith and worship, through their Fundamental Rights, enforceable in the court of law in case of their violation. It gives freedom to individuals to live life their way thus providing opportunities for the development of individual personalities. But these are subject to some restrictions which mean that it has to be enjoyed within the limitations mentioned in the Constitution. In brief, liberty is not absolute but qualified.

Equality: It means that no one has special privilege over the other. The preamble of Indian Constitution secures to all its citizens equality of status and opportunity by providing three types of equality which are ensured by the Constitution under the Articles as follows:

• Fraternity: It means feeling of brotherhood. To promote dignity of the individual and unity and integrity (added by 42^nd Constitutional Amendment Act) of the nation, Fundamental Duties under ARTICLE 51-A is provided in the Constitution of India. Also to promote feeling of fraternity, the system of single citizenship is followed as per the provisions of the Constitution.

Amendability of the preamble:  Important declarations regarding Preamble, given by the Supreme Court of India in the following cases:

• Berubari union case (1960):
• Preamble is key to open mind of makers.
• Not part of Constitution.
• Not enforceable in a court of law.
• Kesavananda Bharati case (1973):
• Preamble is now considered as part of introductory part of the Constitution.
• Not supreme power, but interprets statutes & provisions of Constitution.
• Preamble can be amended under Article 368 of the Constitution subject to the condition that no amendment is done to the BASIC STRUCTURE as contained in the preamble.
• LIC of India case (1995):
• Preamble is an integral part of the Constitution but is not directly enforceable in a court of justice in India.

Significance:

• According to the Preamble, it is the people of India who had enacted, adopted and given the Constitution to themselves. The preamble indicates that the Constitution derives its powers from the people and the source of all authority under the Constitution emanates from the people of India.
• It embodies the basic philosophy and fundamental values – political, moral and religious – on which the Constitution is based.
• It contains the vision of the Constituent Assembly.
• It reflects the dreams and aspirations of the founding fathers of the Constitution.
• It is the key to unravel the minds of the makers of the Constitution.
• Though it is not an operative part of the Constitution, it aids in the legal interpretation where the language of the Constitution is found to be ambiguous.
• It declares the basic type of government and polity, which is sought to be established in the country.
• It clearly mentions the date of adoption of the Constitution which is a legal document.

Limitations of the preamble:

• The Preamble of the Constitution cannot place any restrictions on the exercise of the organs of the Constitution as it is not regarded as source of power of the government.
• It cannot override the provisions of the Constitution and cannot be enforced in any court of law.
• It has limited applications and can be restored to only when there is any ambiguity in the Constitution.

Previous year’s questions

Prelims questions:

1. In the following quotation,

“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 the integrity of the Nation. In our Constituent Assembly this ‘X’ do hereby adopt, enact and give to ourselves this Constitution.”   (1997)

‘X’ stands for:

1. twenty-sixth day of January, 1950
2. twenty-sixth day of November, 1949
3. twenty-sixth day of January, 1949
4. None of the above

2.‘Economic Justice’ as one of the objectives of the Indian Constitution has been provided in (2013)

1. The Preamble and the Fundamental Rights
2. The Preamble and the Directive Principles of State Policy
3. The Fundamental Rights and the Directive Principles of State Policy
4. None of the above

3.Which one of the following objective is not embodied in the Preamble of the Constitution of India?                        (2017)

1. Liberty of thought
2. Economic liberty
3. Liberty of expression
4. Liberty of belief

4.The mind of the makers of the Constitution of India is reflected in which of the following? (2017)

1. The Preamble
2. The Fundamental Rights
3. The Directive Principles of State Policy
4. The Fundamental Duties

5.The Preamble to the Constitution of India is (2020)

1. A part of the Constitution but has no legal effect
2. Not a part of the Constitution and has no legal effect either
3. A part of the Constitution and has the same legal effect as any other part
4. A part of the Constitution but has no legal effect independently of other parts

6.Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)? (2020)

1. Preamble
2. Directive Principles of State Policy
3. Fundamental Duties

Select the correct answer using the code given below:

1. 1 and 2 only
2. 2 only
3. 1 and 3 only
4. 1, 2 and 3

7. What was the exact constitutional status of India on 26th January, 1950? (2021)
(a) A Democratic Republic
(b) A Sovereign Democratic Republic
(C) A Sovereign Secular Democratic Republic
(d) A Sovereign Socialist Secular Democratic Republic

Answers:

1. (b) The Constitution of India was enacted on 26^th November, 1949. But it was commenced on 26^th January, 1950.
2. (b) The Preamble of the Constitution of India in its introductory statement says – “Justice – Social, Economic and Political” and the Directive Principles of State Policies make the state responsible for providing equal opportunities to all and to see that concentration of wealth does not take place and income inequalities are reduced. This is given under ARTICLE 39 of the Constitution.
3. (b) In the original text of the Constitution, “Liberty – thought, expression, belief, faith and worship” is given. Hence it is clear that option (b) is the right answer.
4. (a) Preamble is the key to unravel the minds of the makers of the Constitution. Also one of the members of the Constituent Assembly, Sir Alladi Krishnaswami Iyer, said that ‘The Preamble to our Constitution expresses what we had thought or dreamt so long.’
5. (d) In the landmark judgement of the Supreme Court, it ruled that the Preamble is a part of the Constitution and it helps in the interpretation of the Constitution, that is, when multiple interpretations are possible, then the interpretation which relies with the Preamble is held. But it is non – justiciable, that is, it cannot be enforced in a court of law. And hence, it is has no legal effect independently of other parts of the Constitution.
6. (d) Preamble of UDHR mentions about dignity of and individual and according to Article 3 of UDHR, everyone has the right to life, liberty and security of person. Preamble of Indian Constitution also speaks about equality of status and of opportunity; assuring the dignity of the individual and the unity and integrity.

Article 23 of UDHR mentions about Right to Work. Article 41 under Directive Principles of State Policy of the Indian Constitution also has similar concept.

Article 29 of UDHR mentions about duties. Similarly Article 51A under Part IV-A of the Indian Constitution, which was inserted by 42^nd Constitutional Amendment Act, mentions Fundamental Duties.

7. (b)

Mains questions:

1. Discuss each adjective attached to the word ‘Republic’ in the preamble. Are they defendable in the present circumstances? (2016)
2. What is the significance of a Preamble to a Constitution? Bring out the philosophy of the Indian Polity as enshrined in the Preamble of the Indian Constitution? (2004)
3. The Preamble of the Indian Constitution is aimed to embody the fundamental values and the philosophy on which the Constitution is based. Elucidate. (1997)

Answers:

1. Preamble is an introductory to the Constitution. It is a manifestation of the values of our Constitution. It starts with, WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST DEMOCRATIC REPUBLIC….

The adjectives attached to the word Republic are:

• Sovereign: The word ‘sovereign’ implies that India is neither a dependency nor a dominion of any other nation, but an independent state. State has the power to acquire or cede territory from or to other territory.
• Socialist: Our idea of socialism is Democratic Socialism which holds faith in ‘mixed economy’ where both public and private sectors co-exist. It is a pattern of how we manage our economy. It was added to the preamble through 42^nd Constitutional Amendment Act of 1976.
• Secular: The term ‘secular’ was also added by the 42^nd Constitutional Amendment Act of 1976. It indicates that all religions get equal respect, protection and support from the state, which is guaranteed by the Constitution under Articles 25 to 28(fundamental right to freedom of religion). It means tolerant, neutral and does not have a state religion.
• Democratic: Democracy is a form of government in which self rule is practiced through the mode of popular participation in which legitimacy of governing institutions is periodically renewed through popular elections. It offers opportunity for all people to participate, contest and even hold office of power. It offers freedom of choice and governing institutions are ultimately accountable to the people. Indian Constitution has adopted representative parliamentary democracy where executive is responsible to the legislative.

The Preamble was drafted decades ago and the meanings attached to these terms have undergone a huge change. There are multiple            reasons behind it.

• Sovereignty has been compromised as the state is forced to make policies that suit the interests of multilateral institutions like IMF, WTO, etc.
• India is slowly moving away from socialist economy towards capitalist economy which is evident from the large scale disinvestments in the public sector units taken up by the government of India in the recent times. It is also alleged that India could achieve only 3.5% growth rate before LPG reforms were put in. Hence, it is clear that we could not achieve the vision of socialism as seen by our Constitution makers which is not because of faults in the ideology of socialism but in its implementation.
• The ideology of secularism also has limited success as state, many times has intervened in the religious affairs which were inconsistent with the prevailing laws. For example, triple talaq of Muslim law, Sabarimala case, etc. This has restricted the religious freedom of individuals. Also Communalism, which restricts the secular character of the state, has grown among the people which is a serious issue and poses a major challenge in front of the state.
• Furthermore, it is argued that voters may not be educated enough to exercise their democratic right. Lack of rationality or even education is being taken advantage of by politicians, who compete more in the way of public relations and tactics, than in ideology.

The above illustrations clearly depict how we have failed miserably to live up to the expectations of our founding fathers. The further           weakening of the Constitutional values is going to threaten the idea of India that evolved from a complex mix of cultures, religions,               regions etc. The above challenges can be dealt with by proper implementation of policies and reviewing these policies to see whether           they are functioning properly and efficiently. Further, education is the solution to many problems faced by India in the current                     circumstances.

2. The term ‘Preamble’ refers to the introduction or preface to the Constitution. The Preamble to the Indian Constitution is based on the “Objectives Resolution” drafted by Jawaharlal Nehru and adopted by the framers of the Constitution. It reflects the dreams and aspirations of the founding fathers of the Constitution. Its significance lies in its components.

The philosophy of the Indian Constitution is reflected in the Preamble.

• The first few words i.e., “we the people of India”, suggest that the ultimate power lies in the hands of the people.
• The independence of India earned through struggle for independence is sought to be emphasised by the use of the word ‘Sovereign’ in the Preamble. It implies that India is neither a dependency nor a dominion of any other nation, but an independent state.
• The Gandhian ideals are aimed to be secured by the incorporation of the word ‘Socialist’ in the Preamble by the 42^nd
• The same amendment inserted the word ‘Secular’ to reflect the secular nature of Indian society, where all religions (irrespective of their strength) have same status and support from the state.
• The word ‘Republic’ indicates that India has an elected head called President of India, though indirectly elected, is the choice of the people of India.
• These values are further strengthened by the word ‘Democratic’ in the Preamble. Indian Constitution provides for representative parliamentary democracy where the executive is responsible to the legislature.
• Further, the Objectives of Indian state are also mentioned in the Preamble. These are :
• Justice – social, economical and political are secured by various provisions of Fundamental Rights and Directive Principles.
• Liberty – Preamble secures to all citizens of India, liberty of thought, expression, belief, faith and worship through various Fundamental Rights, that are enforceable in the court of law, in case of violation.
• Equality- It means absence of privileges to one over the other. The Preamble secures to all citizens equality of status and opportunity in civic, political and economic fields.
• Fraternity- The unity and integrity of the nation is sought to be secured this word and by provisions of Fundamental Duties and single citizenship in the Constitution.

The use of these words in the Preamble shows that it embodies the basic philosophy and fundamental values on which the                              Constitution is based. They provide justification to the provisions of the Constitution.

3. Preamble is the soul of the Constitution. It is an introductory as well as a nutshell to the Constitution. The ‘Objective Resolution’ proposed by Jawaharlal Nehru ultimately became the Constitution of India. The Preamble is non-justiciable in nature like the Directive Principles of State Policy, and cannot be enforced in a court of law. It can neither provide substantive power to the three organs of the State, nor limit their powers under the provisions of the Constitution.

The Preamble of our Constitution has three ingredients which reflect the soul and philosophy of the Constitution:

• Source: The Preamble reveals the source from which the Constitution comes i.e., the people of India.
• Nature of Indian Polity: Sovereign, Socialist, Secular, Democratic and Republic.
• Objectives: Justice, Liberty, Equality and Fraternity.

It contains the enacting clause which brings into force the Constitution. It declares the rights and freedom which the people of India            intended to secure and the basis of type of Government and policy which was to be established.