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The Preamble of the Indian Constitution
The prologue or preface to the Constitution is the Preamble. It includes a summary or essence of the Constitution. The Preamble of the Indian Constitution begins with a humble tryst with destiny: ‘WE, THE PEOPLE OF INDIA.’ Here are some things you need to know about the Preamble.
The Preamble, meaning ‘introduction’, explains the reasons and objectives for why the Constitution was drafted. Hence, it serves as a guideline for the document
The American Constitution was the first to include a preamble. Several countries, including India, followed this
Pandit Nehru’s “Objectives Resolution” (1946), moved by him and accepted by the Constituent Assembly, provides the basis for the Preamble of our Constitution. It was revised by the 42nd Constitutional Amendment Act of 1976, which added three additional words: ‘socialist’, ‘secular’, and ‘integrity’ to the Preamble
The Preamble of our Constitution (as revised in 1976) reads:
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.
The Preamble of our Constitution reveals four components
- The Indian Constitution’s genesis of authority is taken from the people of India, as it begins explicitly with “WE, THE PEOPLE…”
- The Preamble of the Indian Constitution recognizes India as a Sovereign, Socialist, Secular, Democratic and Republic nation
- Justice, Liberty, Equality, and Fraternity are the ultimate goals of the Indian Constitution, as stated in the Preamble
- India’s Constitution was enacted on November 26, 1949
Preamble Meaning and the Objectives of the Preamble Of Our Constitution
Sovereign
- India is a sovereign state that is neither a dependent nor a dominion of any other country
- The state is free to do its own business (internal and external). India’s membership in the Commonwealth of Nations has no bearing on its sovereignty
- India can obtain foreign territories or relinquish a portion to a foreign power as a sovereign state
Socialist:
- The Indian version of socialism is known as ‘democratic socialism’, which means that the government believes in a ‘mixed economy’ in which the public and private sectors coexist
- Indian socialism combines Marxism and Gandhism with a strong slant toward Gandhian socialism to eradicate illiteracy, poverty, inequality of opportunity, and sickness
- The Constitution already had socialist features in the form of several Directive Principles of State Policy before the 42nd Amendment added the term ‘socialist’ to it in 1976
- However, the Indian State’s socialist credentials have been eroded by the new economic policy of Liberalisation, Privatisation, and Globalisation (1991)
Democratic:
- The term ‘democratic’ is used in the Preamble of our Constitution to refer to political, social, and economic democracy
- It is included in the theory of popular sovereignty, which states that the people have supreme power
- In an indirect democracy, the people’s representatives hold absolute authority and carry out the administration and enact the laws
- The Indian political system is based on indirect democracy, sometimes referred to as representative democracy, in which the administration is accountable to the legislative for all policies and acts
- The Indian Constitution establishes a parliamentary democracy with a representative government
Republic:
- In the Preamble of our Constitution, the word ‘republic’ refers to the fact that in India, the head of state is always elected (President). They are chosen for a five-year term via an indirect election
- It means the following:
- Political sovereignty belongs to the people, not to a lone individual
- All public offices are available (Absence of Privileged Class)
Justice:
- In the Preamble of the Indian Constitution, the phrase ‘Justice’ refers to three types of justice: social, economic, and political. Fundamental Rights (FRs) and Directive Principles of State Policy(DPSPs) defend these (political justice through FRs and social and economic justice through DPSPs)
- In social justice, there is equal treatment for everybody
- In economic justice, there is no discrimination based on economic criteria
- Political justice means that everyone has the same political rights
- Distributive justice constitutes social and economic fairness
Liberty:
- Individuals’ actions are not restricted, which allows for distinct personalities
- The Preamble of our Constitution protects all Indian citizens’ freedom of thought, expression, belief, faith, and worship through their Fundamental Rights, which can be enforced in a court of law if they are violated
- The Preamble’s or Fundamental Rights’ vision of liberty is limited rather than absolute
Equality:
- ‘Equality’ refers to the lack of particular privileges for any group in society and the availability of appropriate opportunities for all people without regard for their race, gender, or sexual orientation
- The preamble secures to all citizens of India, Equality of status and of Opportunity
- Equality has three dimensions: civic, economic, and political
- Articles 14, 15, 16, 17, and 18 encourage civic equality
- Provisions to promote Political Equality include:
- No one shall be ruled ineligible for office because of religion, ethnicity, caste, or gender (Article 325)
- Adult suffrage will be employed in elections to the Lok Sabha and state legislatures (Article 326)
- Economic Equality Provisions: Article 39 of the Directive Principles of State Policy guarantees men and women the same right to an adequate means of life and equal compensation for equal effort
Fraternity:
- It connotes a feeling of fraternity
- The System of Single Citizenship and Article 51-A of the Constitution encourages a sense of brotherhood (Fundamental Duties)
- Fraternity guarantees two things:
- Individual dignity
- National unity and integrity (both territorial and psychological)
Is Preamble a part of the Constitution, and can it be amended?
- The Preamble of the Indian Constitution was inserted after the remainder of the document had already been passed
- In the Berubari Union Case (1960), the Supreme Court ruled that the Preamble is not part of the Constitution and so cannot be changed
- The Supreme Court overruled its prior judgement in the Kesavananda Bharati case (1973), holding that the Preamble is a component of the Constitution that can be altered under Article 368 but cannot undermine the Constitution’s ‘Basic Structure’
- In the LIC of India case(1995), the Supreme Court declared that the Preamble of our Constitution is an inherent component of the document
Two things to remember about the Preamble:
- The Preamble of our Constitution is far from a power source or restraint on the legislature’s jurisdiction
- Its terms are non-justiciable, which means they cannot be enforced in a court of law
