Preamble and the philosophy of
Indian Constitution
In 1946, Objective Resolution was moved by Jawaharlal Nehru, describing the constitutional structure. In
1947 (22nd January) it was adopted. It shaped the Constitution of India and its modified version is reflected
in the Preamble of the Indian Constitution. The basic tenets that the objective resolution highlighted were:
Constituent Assembly’s resolve to see India as independent, sovereign and republic
To draw a Constitution for India
To make all territories of the pre-independent India into united states of post-independent India
To realize residual powers, autonomy on such states as the Constitution of India reflects
To realize union with the power which will be different than those given to such states
The people of India to play the source of power and authority of the sovereignty, and the
independence
To provide justice, social, economic and political equality of status of opportunity and, freedom of
thought,
expression, belief, faith, worship, vocation, association and action, subject to law and public
morality before the law
To provide adequate safeguards to the minorities, tribal and backward areas and other depressed
and backward classes
To maintain the integrity of the Indian republic’s territory and its territorial rights on land, sea, air
according to the justice and law of the civilized nation
To promote peace and welfare among the worldly nations.
Preamble OF INDIA
Is preamble a part of Indian Yes, it is a part of the Indian constitution, also emphasized
Constitution? in Kesavananda Bharti Case.
Who wrote the preamble of India? The preamble of India contains tenets highlighted in the
Objective Resolution drafted by Jawaharlal Nehru in 1946
How many preambles does the Indian Only 1 preamble along with 22 parts and 12 schedules and
Constitution have? 448 articles, Indian Constitution today exists
What is the most important word in the Though no particular word has been given more importance
Preamble of India? than others, however, ‘We, the people of India’ are the words
which are termed as the most powerful in the Preamble to
the Indian Constitution
Why do we need a Preamble? It gives us fundamental values and highlights of the
Constitution
In which case, did the Supreme In Berubari Case (1960), SC declared Preamble not to be a
Court declare passed a judgement that part of Indian Constitution
Preamble is not a part of Indian
Constitution?
The hopes and aspirations of the people, as well as the ideals before our nation, are described in the
preamble in clear cut words. It may be considered as the soul of the Constitution. The preamble can be
referred to as the preface which highlights the entire Constitution.
Interesting Facts about Preamble of Indian Constitution
It was enacted after the enactment of the entire Constitution of India
The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional
Amendment Act of 1976.
The Preamble secures to all citizens of India liberty of belief, faith and worship
Ideal of justice (social, economic and political) in the Preamble are borrowed from the Soviet Union
(Russia) Constitution
Republic and the ideals of liberty, equality and fraternity are borrowed from the French
Constitution
Preamble, in itself, has been first introduced through the American Constitution
Four main ingredient of the indian Preamble
The source of the Indian Constitution, nature of the Indian State, the objectives of the Constitution of India
& the date of adoption of the Indian State, are four main ingredients of the Indian Preamble which you can
read about in the table below:
Preamble to the Indian Constitution
Source of the Indian The People of India are revealed to be the source of the authority of
Constitution 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, secular, republic,
secular and democratic nation
Objective of the Indian Justice, Liberty, Equality and Fraternity are denoted as the objectives
Constitution of the Preamble of India
Adoption Date of the November 26, 1949 as the date when then the Indian Constitution
Constitution of India
Keywords in the Preamble of the Indian Constitution
There are some important keywords in the Preamble of India like:
1. Sovereign
2. Socialist
3. Secular
4. Democratic
5. Republic
6. Justice
7. Liberty
8. Equality
9. Fraternity
Historic Background
The preamble is based on the Objectives Resolution, which was drafted and moved in the Constituent Assembly
by Jawaharlal Nehru on 13 December 1946 and adopted by Constituent Assembly on 22 January 1947. [3] B. R.
Ambedkar said about the preamble:It was, indeed, a way of life, which recognizes liberty, equality, and fraternity as the
principles of life and which cannot be divorced from each other: Liberty cannot be divorced from equality; equality cannot
be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce
the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty
and equality could not become a natural course of things.
The Supreme Court of India originally stated in the Berubari case presidential reference [5] that the preamble is not an
integral part of the Indian constitution, and therefore it is not enforceable in a court of law. However, the same court, in
the 1973 Kesavananda case, over-ruled earlier decisions and recognized that the preamble may be used to interpret
ambiguous areas of the constitution where differing interpretations present themselves. In the 1995 case of Union
Government Vs LIC of India, the Supreme Court once again held that the Preamble is an integral part of the Constitution.
As originally enacted the preamble described the state as a "sovereign democratic republic", to which the terms "Secular"
and "Socialist" were later passed by a Captive Parliament during The Emergency in the 42nd Amendment.]
The preamble-page, along with other pages of the original Constitution of India, was designed and decorated by the
renowned painter Beohar Rammanohar Sinha of Jabalpur who was at Shantiniketan with Acharya Nandalal Bose at that
time. Nandalal Bose endorsed Beohar Rammanohar Sinha's artwork without any alteration whatsoever. As such, the page
bears Beohar Rammanohar Sinha's short signature Ram in Devanagari lower-right corner. The calligraphy was done by
Prem Behari Narain Raizada.
The preamble was amended only once on 18 December 1976, with most of the opposition being jailed during
the Emergency in India, the Indira Gandhi government pushed through several changes in the Forty-second
Amendment of the constitution. Through this amendment, the words "socialist" and "secular" were added between the
words "Sovereign" and "democratic" and the words "unity of the Nation" were changed to "unity and integrity of the
Nation".
Sovereign
Sovereign means the independent authority of a State. It means, that it has the power to legislate on any subject; and that
it is not subject to the control of any other State / external power.
According to the preamble, the constitution of India has been pursuance of the solemn resolution of the people of India to
constitute India into a ‘Sovereign Democratic Republic’, and to secure well-defined objects set forth in the preamble.
Sovereignty denotes supreme and ultimate power. It may be real or normal, legal or political, individual or pluralistic. In
monarchies, sovereignty was vested in the person of monarchs. But in republican form of governments, which mostly
prevail in the contemporary world, sovereignty is shifted to the elected representatives of the people. According to D.D
Basu, the word ‘sovereign’ is taken from article 5 of the constitution of Ireland. ‘Sovereign or supreme power is that which
is absolute and uncontrolled within its own sphere’. In the words of Cooley, "A state is sovereign when there resides
within itself supreme and absolute power, acknowledging no superior".
Sovereignty, in short, means the independent authority of a state. It has two aspects- external and internal. External
sovereignty or sovereignty in international law means the independence of a state of the will of other states, in her
conduct with other states in the committee of nations. Sovereign in its relation between states and among states signifies
independence. The external sovereignty of India means that it can acquire foreign territory and also cede any part of the
Indian territory, subject to limitations (if any) imposed by the constitution. On the other hand, internal sovereignty refers
to the relationship between the states and the individuals within its territory. Internal sovereignty relates to internal and
domestic affairs, and is divided into four organs, namely, the executive, the legislature, the judiciary and the
administrative. Though India became a sovereign country on 26 January 1950, having equal status with the other
members of the international community, she decided to remain in the Commonwealth of Nations. Pandit Nehru declared
that India will continue – "her full membership of the Commonwealth games of Nations and her acceptance of the King as
the symbol of the free association of the independent nations and as such the Head of the Commonwealth". Her
membership of the Commonwealth of Nations and that of the United Nations Organization do not affect her sovereignty
to any extent. It is merely voluntary association of India and it is open to India to cut off this association at her will, and
that it has no constitutional significance.
Socialist
Before the term was added by the 42nd Amendment in 1976, the Constitution had socialist content in the form of
certain Directive Principles of State Policy. The term socialist used here refers to democratic socialism, i.e. achievement of
socialist goals through democratic, evolutionary and non-violent means. Essentially, it means that (since wealth is
generated socially) wealth should be shared equally by society through distributive justice, not concentrated in the hands
of few, and that the government should regulate the ownership of land and industry to reduce socio-economic
inequalities.
Secular
Secular means that the relationship between the government and religious groups are determined according to
constitution and law. It separates the power of the state and religion. By the 42nd Amendment in 1976, the term "Secular"
was also incorporated in the Preamble. There is no difference of
religion i.e. Hinduism, Buddhism, Jainism, Sikhism, Christianity and Islam are equally respected and moreover, there is
no state religion. All the citizens of India are allowed to profess, practice and propagate. Explaining the meaning of
secularism as adopted by India, Alexander Owics has written, "Secularism is a part of the basic structure of the Indian
Constitution and it means equal freedom and respect for all religions."
Democratic
The people of India elect their governments by a system of universal adult franchise, popularly known as "one person one
vote". Every citizen of India 18 years of age or older and not otherwise debarred by law is entitled to vote. The
word democratic refers not only to political democracy but also to social and economic democracy.
Republic
In a republican form of government, the head of state is elected and not a hereditary monarch. Thus, this word denotes a
government where no one holds public power as a proprietary right. As opposed to a monarchy, in which the head of
state is appointed on a hereditary basis for life or until abdication, a democratic republic is an entity in which the head of
state is elected, directly or indirectly, for a fixed tenure. Thus, India has a president who is indirectly elected and has a
fixed term of office. There's an absence of a privileged class and all public offices are open to every citizen without
discrimination.
Justice
Justice stands for rule of law, absence of arbitrariness and a system of equal rights, freedom and opportunities for all in a
society.
India seeks social, economic and political justice to ensure equality to its citizens.
(i) Social Justice:
Social Justice means the absence of socially privileged classes in the society and no discrimination against
any citizen on grounds of caste, creed, color, religion, gender or place of birth. India stands for
eliminating all forms of exploitations from the society.
(ii) Economic Justice:
Economic Justice means no discrimination between man and woman on the basis of income, wealth and
economic status. It stands for equitable distribution of wealth, economic equalities, the end of
monopolistic control over means of production and distribution, decentralisation of economic resources,
and the securing of adequate opportunities to all for earning their living.
(iii) Political Justice:
Political justice means equal, free and fair opportunities to the people for participation in the political
process. It stands for the grant of equal political rights to all the people without discrimination. The
Constitution of India provides for a liberal democracy in which all the people have the right and freedom
to participate.
Liberty
The idea of Liberty refers to the freedom on the activities of Indian nationals. This establishes that there are no
unreasonable restrictions on Indian citizens in term of what they think, their manner of expressions and the way they wish
to follow up their thoughts in action. However, liberty does not mean freedom to do anything, and it must be exercised
within the constitutional limits.
Equality
The term 'equality' means the absence of special privilege to any section of society, and the provision of adequate
opportunity of all the individuals without any discrimination.
Fraternity
This refers to a feeling of brotherhood and sisterhood and a sense of belonging with the country among its people.
The Preamble declares that fraternity has to assure two things—the dignity of the individual and the
unity and integrity of the nation. The word 'integrity' has been added to the Preamble by the 42nd
Constitutional Amendment (1976).
In the Berubari Case (1960), the amendability & the significance of the constitution came into force. An important & very
interesting question was raised relating to the powers of the Parliament to cede Indian territory to a foreign country, as an
interpretation of the Article 3. The Supreme Court had held that the power of Parliament to diminish the area of a state as
guaranteed in article 3 of the Constitution does not cover cession of the Indian territory to a foreign country. Hence,
Indian territory can be ceded to a foreign country only by means of amendment of the Constitution under the Article 368.
Consequently, the 9th Constitutional Amendment Act, 1960 was enacted to transfer the Berubari Union to Bangladesh
(erstwhile East Pakistan). Supreme Court also held the view that Preamble cannot be a part of the constitution but later
in Kesavananda Bharati Case (1973), the Supreme Court gave a comprehensive verdict. It said that Preamble is part of the
Constitution and is subject to the amending power of the parliament as are any other provisions of the Constitution,
provided the basic structure of the Constitution is not destroyed.
It has been clarified by the Supreme Court of India that, being a part of the Constitution, the Preamble can be subjected to
Constitutional Amendments exercised under article 368, however, the basic structure cannot be altered. Therefore, it is
considered as the heart and soul of the Constitution.
Forty-second Amendment
The preamble has been amended only once so far. On 18 December 1976, during the Emergency in India, the Indira
Gandhi government pushed through several changes in the Forty-second Amendment of the constitution. A committee
under the chairmanship of Sardar Swaran Singh recommended that this amendment be enacted after being consulted to
study the question of amending the constitution in the light of past experience. Through this amendment, the words
"socialist" and "secular" were added between the words "Sovereign" and "democratic" and the words "unity of the
Nation" were changed to "unity and integrity of the Nation".
Constitution (Amendment) Bill, 2021
During the 2021 winter session of parliament, a private member sought to introduce a bill to amend the preamble.
