02 Dec

Preamble of the Constitution

Content

• Why in News?
• Introduction
• Meaning of the keywords
• Is the Preamble part of the Constitution?
• Amendability of the Preamble
• FAQs

Why in News?

The Supreme Court of India reminded a petitioner, who didn’t want “Muslim” Booker Prize Winner Banu Mushtaq to inaugurate the historical Mysuru Dasara festivities, about the Preamble, which enshrines secularism, liberty of thought and faith, as well as equality and fraternity as ideals cardinal to national unity.

• Bench says state event cannot exclude dignitary on religious grounds; Karnataka High Court Order upheld.

Introduction

• The Preamble is the introductory part of the Constitution and acts as its preface. It sets out the ideals, objectives, and basic principles on which the Constitution is based, and the salient features of the Constitution flow directly or indirectly from these objectives. 
• N. A. Palkhivala, an eminent jurist and constitutional expert, described the Preamble as the “identity card” of the Constitution. Pandit Jawaharlal Nehru drafted and moved the Objective Resolution on which the Preamble of the Constitution of India is based, and the Constituent Assembly adopted it.

The Preamble explains the objectives of the Constitution in two broad ways:

1. By indicating the structure of governance 
2. By laying down the ideals to be achieved in independent India. It contains four key components:

• The source of authority of the Constitution, which lies in the “People of India”, reflecting the ultimate sovereignty of the people; 
• The nature of the Indian state, described as a “Sovereign, Socialist, Secular, Democratic, Republic”; 
• The objectives of the Constitution, namely securing justice, liberty, and equality, promoting fraternity, assuring the dignity of the individual, and ensuring the unity and integrity of the nation; 
• The date of adoption of the Constitution, 26 November 1949.

Meaning of the keywords

Sovereign

• Sovereignty implies absolute independence, meaning that no internal or external power controls the government. In the Indian context, it signifies that India is an independent state with no authority above it. And is free to conduct its own affairs, frame its domestic policies, and formulate its foreign policy. 
• Being sovereign, India can acquire foreign territory or cede part of its territory in favour of another state. India’s membership of organisations such as the Commonwealth of Nations, the United Nations, or SAARC does not dilute its sovereignty because these are voluntary associations that do not place a superior authority over India.

Socialist

• In the Indian Constitution, socialism signifies a commitment to social and economic justice, the removal of inequality, and the creation of a welfare state. The Preamble explicitly provides for “justice, social, economic and political” and seeks “equality of status and of opportunity” for all citizens, reflecting this socialist orientation even before the term “Socialist” was formally added by the 42nd Constitutional Amendment. 
• The Indian model is democratic socialism, distinct from communistic socialism. Instead of nationalizing all means of production and abolishing private property, India follows a mixed economy. In which private and public sectors coexist. Democratic socialism in India aims to end poverty and hunger and to reduce inequality, combining elements of Gandhian thought and Marxism, with a stronger tilt towards Gandhian socialism.

Secular

• The Constitution embodies a positive concept of secularism, under which all religions in India enjoy equal status and equal support from the state. People describe India as neither religious, nor irreligious, nor anti-religious.
• There is no state religion, the state does not support any particular religion from public funds. Every individual is free to profess, practice, and propagate a religion of their choice. And the state does not discriminate on religious grounds. 
• Although the word “Secular” was added to the Preamble by the 42nd Constitutional Amendment in 1976, secular principles existed from the beginning. The Preamble already guaranteed “liberty of thought, expression, belief, faith and worship” and “fraternity assuring the dignity of the individual”. And Fundamental Rights in Articles 25–28 provide the right to freedom of religion and reinforce the secular character of the Republic.

Democratic

• The last line of the Preamble, stating that the people “adopt, enact and give to ourselves this Constitution”, reflects the democratic principles of the country. We understand democracy as a government of the people, by the people, and for the people, which implies popular sovereignty.
• India has an indirect (representative) democracy, where citizens elect their representatives who exercise governmental power and make laws. This indirect democracy operates through a parliamentary system rather than a presidential one. 
• In the Preamble, the term “Democratic” is used in a wider sense, encompassing not only political democracy but also social and economic democracy. Dr. B. R. Ambedkar emphasized this point and argued that political democracy cannot endure without social democracy based on liberty, equality, and fraternity as a unified whole.

Republic

• A republic is a democratic polity in which the head of state is elected, directly or indirectly. In the Indian Preamble, the term “Republic” signifies that the President of India, as head of state, is elected. 
• It also implies that political sovereignty rests with the people rather than a monarch. There is no privileged class, and that all public offices are open to every citizen without discrimination.

Justice

• Justice means giving individuals what they are entitled to in terms of basic rights. Such as food, clothing, housing, participation in decision‑making, and living with dignity. 
• The Preamble refers to three forms of justice: social, economic, and political. Social justice requires equal treatment for all citizens and the absence of discrimination on certain grounds. Those are religion, race, caste, or sex, as well as improving the conditions of backward classes and women. 
• Economic justice involves reducing extreme inequalities of wealth, income, and property, and eliminating discrimination based on economic status. Social and economic justice together are often described as “distributive justice”. While political justice demands equal political rights, equal access to political offices, and an equal voice in government for all citizens.

Liberty

• Liberty has two aspects: the absence of unreasonable restraints on individual action and the creation of opportunities for the full development of individual personality. 
• The Preamble guarantees liberty of thought, expression, belief, faith, and worship to all citizens. However, this liberty is not absolute. It is qualified and must be exercised within the reasonable restrictions laid down by the Constitution itself.

Equality

• Equality implies the absence of special privileges for any section of society and the provision of adequate opportunities for all individuals without discrimination. 
• The Preamble refers to equality of status and of opportunity. This idea has three dimensions: civic, political, and economic equality. Civic equality is reflected in Fundamental Rights such as Articles 14–18. Which include equality before the law and the prohibition of discrimination. 
• Political equality is ensured through provisions like the right to vote and the right to contest elections under Articles 325 and 326. Economic equality is outlined in Article 39 of the Directive Principles, which calls for equal rights for all the gender to adequate means of livelihood and equal pay for equal work.​

Fraternity

• Fraternity denotes a sense of brotherhood among the people. The Constitution promotes fraternity through the concept of single citizenship and through Fundamental Duties, which call upon citizens to promote harmony and the spirit of common brotherhood among all Indians. 
• The Preamble further states that fraternity should secure the dignity of the individual and the unity and integrity of the nation. The dignity of every person is treated as sacred. And it is protected through various provisions relating to Fundamental Rights, Directive Principles of State Policy, and Fundamental Duties.​

Is the Preamble part of the Constitution?

• In the Berubari Union case (1960), the Supreme Court initially held that the Preamble was not a part of the Constitution. At the same time, the Court recognised that the Preamble expressed the general purposes underlying the constitutional provisions. And served as a key to understanding the intentions of the framers, helping resolve ambiguities in interpretation. 
• Later, in the Keshavananda Bharati case (1973), the Supreme Court reversed its earlier view and declared that the Preamble is indeed a part of the Constitution. And that the Constitution must be read and interpreted in light of the grand and noble vision contained in it. This position was also reaffirmed in the LIC of India case (1995).

Amendability of the Preamble

• The question whether the Preamble can be amended arose directly in the Keshavananda Bharati case (1973). 
• The Court held that, since the Preamble is part of the Constitution, it can be amended under the constitutional amending power. But it is provided that such amendment does not damage or destroy the basic structure of the Constitution. 
• The Preamble has been formally amended only once, by the 42nd Constitutional Amendment Act of 1976. It inserted the words “Socialist” and “Secular” and replaced “unity of the Nation” with “unity and integrity of the Nation”.

The Preamble embodies India’s core values of justice, liberty, equality, and fraternity, guiding its sovereign, socialist, secular, democratic republic. As the Constitution’s soul, it inspires an inclusive society upholding individual dignity and national unity.​

FAQs

1. What is the Preamble of the Indian Constitution?

The Preamble is the introductory statement of the Indian Constitution that outlines its philosophy, objectives, and guiding principles, including justice, liberty, equality, and fraternity.

2. On what is the Preamble based?

The Preamble is based on the Objective Resolution drafted and moved by Jawaharlal Nehru and adopted by the Constituent Assembly.

3. Is the Preamble a part of the Constitution?

Yes. The Supreme Court in the Kesavananda Bharati (1973) case held that the Preamble is a part of the Constitution.

4. Can the Preamble be amended?

Yes, Parliament can amend the Preamble under Article 368, but it cannot alter its basic structure. Only one amendment, 42nd Amendment Act, 1976 has modified it by adding the words Socialist, Secular, and Integrity.

6. What are the key values mentioned in the Preamble?

The key values include Justice (social, economic, political), Liberty (thought, expression, belief, faith, worship), Equality (of status and opportunity), and Fraternity (assuring dignity and unity of the nation).

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