Preamble of the 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 26th day of November 1949, do HEREBY

ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”.

A preamble of a bill is an introductory part of the document which explains the purpose,
rules, regulations, and philosophy of the document. A preamble gives a brief introduction of
documents by highlighting the principles and fundamental values of the document. It shows
the source of the authority of the document.

The preamble of the Constitution of India is an introduction of the Constitution which

includes the sets of rules and regulations to guide the people of the country. The inspiration
and the motto of the citizens are explained in it. The preamble can be considered as the
beginning of the Constitution which highlights the base of the Constitution.
The Preamble of the Indian Constitution is primarily based on the ‘Objective Resolution’
written by Jawaharlal Nehru. He introduced his objective resolution on December 13, 1946,
later it was accepted by the Constituent Assembly on 22 January 1947.

The drafting committee observed that the preamble must be limited in defining the
important features of the new state and its socio-political objectives and other important
matters should be refined further in the Constitution. The committee changed the motto
from ‘Sovereign Independent Republic’ to ‘Sovereign Democratic Republic’ as it was
mentioned in the ‘Objective Resolution’.

The preamble can also be called the soul of the constitution as it has everything about the
constitution. It was adopted on 26th November 1949 and it was started from 26th January
1950 also known as the Republic Day.

Key Words in the Preamble

Sovereign
The preamble of the Constitution states that India is a Sovereign State. The term
‘Sovereign’ means the independent authority of the state. It means the state has control
over every subject and no other authority or external power has control over it. So, the
legislature of our country has the powers to make laws in the country with restrictions
keeping in mind imposed by the Constitution.

Sovereignty, in general, has two types: External and internal. External sovereignty means
the sovereignty in International Law which means the independence of the state against
other states while internal sovereignty talks about the relationship between the state and
the people living in it.

In the case of Synthetic & Chemicals Ltd. v. the State of Uttar Pradesh , the Supreme Court
decided that the word ‘sovereign’ means that the state has the authority everything within
the restrictions given by the Constitution. Sovereign means supreme or independence.
This case helped in differentiating between external and internal sovereign. This case
proposed that ‘No country can have its own constitution unless it is not sovereign’.

Socialist
The term ‘Socialist’ was added after the 42nd Amendment, 1976, during the emergency.
The term socialist denotes democratic socialism. It means a political-economic system that
provides social, economic, and political justice.

Mrs. Indira Gandhi explained socialist as ‘equality of opportunity’ or ‘better life for the
people’. She said socialism is like democracy, everyone has their own set of interpretations
but in India socialism is a way for the better life of the people.

 In the case of Excel wear v. Union of India, the Supreme Court found that with
the addition of the word socialist, a portal is opened to lean the judgments in
favor of nationalization and state ownership of the industry. But the principle of
socialism and social justice can not ignore the interest of a different section of
the society majorly the private owners.
 In the case of D.S. Nakara v. Union of India, the Court held that ‘the basic
purpose of socialism is to provide a decent standard of life to the people living in
the country and to protect them from the day they are born till the day they die’.

Secular
The term ‘Secular’ was also added by the 42nd Amendment Act, 1976, during the
emergency. The Constitution states India as a secular state as the state has no official
religion. The citizens have their own view of life and can choose their religion as they like.
The state provides full freedom to the people to practice any religion of their choice. The
state treats all religions equally, with equal respect and can not discriminate between them.
The state has no right interfering with the people with their choice of religion, faith or idol of
worship.
Important Components of Secularism are:
1. The right to equality is guaranteed by Article 14 of the Constitution.
2. Discrimination on any grounds such as religion, caste, etc is prohibited by Article
15 and 16 of the Constitution.
3. Article 19 and 21 of the Constitution discuss all the freedoms of the citizens,
including freedom of speech and expression.
4. Article 25 to Article 28 covers the rights related to practice religion.
5. Article 44 of the Constitution abandoned the fundamental duty of the state to
enact uniform civil laws treating all citizens as equal.

In the case of S.R. Bommai v. Union of India, the nine-judge bench of Apex Courts found
the concept of secularism as the basic feature of the Constitution.

In the case of Bal Patil v. Union of India, the Court held that all religions and religious
groups must be treated equally and with equal respect. India is a secular state where
people have the right to choose their religion. But the state will have no specific religion.

In the case of M.P. Gopalkrishnan Nair v. the State of Kerala, the Court stated that the
secular state is different than an atheist society, which means the state allows every
religion and disrespect none.

Objectives of the Indian Constitution

The main objective of the Indian Constitution is to promote harmony throughout the nation.
As we know, the Constitution is the supreme law and it helps to maintain integrity in the
society and to promote unity among the citizens to build a great nation. The factors which
help in achieving this objective are:
Justice
The term ‘Justice’ comprises of three elements that complete the definition, which is social,
economic, and political. Justice among the citizens is necessary to maintain order in
society. Justice is promised through various provisions of Fundamental Rights and
Directive Principles of State Policy provided by the Constitution of India.

 Social Justice – Social justice means that the Constitution wants to create a
society without discrimination on any grounds like caste, creed, gender, religion,
etc. Where people have equal social status by helping the less privileged people.
The Constitution tries to eliminate all the exploitations which harm equality in the
society.
 Economic Justice – Economic Justice means no discrimination can be caused by
people on the basis of their wealth, income, and economic status. It means
wealth must be distributed on the basis of their work, not with any other reason.
Every person must be paid equally for an equal position and all people must get
opportunities to earn for their living.
 Political Justice – Political Justice means all the people have an equal, free and
fair right without any discrimination to participate in political opportunities. It
means everyone has equal rights to access political offices and have equal
participation in the processes of the government.

Equality
The term ‘Equality’ means no section of society has any special privileges and all the
people have given equal opportunities for everything without any discriminations. It means
removing all types of discriminations from society to build a healthy environment for the
people to live in. Everyone is equal before the law.

Liberty
The term ‘Liberty’ means freedom for the people to choose their way of life, have political
views and behavior in society. It means no unreasonable restrictions can be imposed on
the citizens in terms of their thoughts, feelings, and views. But liberty does not mean
freedom to do anything, a person can do anything but in the limit set by the law. Anything
which can create public disorder can not come under liberty. These limits are set by the
Constitution to avoid injuries in the name of liberty.

Fraternity
The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment with the
country and all the people. It refers to a feeling which helps to believe everyone is the
children of the same soil and are connected with each other. Brotherhood is above social
norms or regulations, it is the relationship above caste, age, or gender. Fraternity helps to
promote dignity and unity in the nation.

The preamble of the Indian Constitution does not grant any power or superiority to anyone
while it gives direction and purpose to the Constitution. It only gives the fundamentals of
the Constitution. It promotes equality by providing equal opportunities to the people without
any discrimination. It helps in protecting all the people and maintaining the economic,
social, and political justice among the citizens. Also, the preamble helps in explaining the
facts which are needed to be explained.

Is Preamble a part of the Constitution?

This is a very controversial topic as there have been many discussions about the preamble
being part of the Constitution. This question can only be answered by reading two cases.

Berubari Case
Berubari Case was used as a reference under Article 143(1) of the Constitution which was
on the implementation of the Indo-Pakistan Agreement related to Berubari Union and in
exchanging the enclaves which were decided for consideration by the bench consisting of
eight judges.

Through this case, the Court stated that ‘Preamble is the key to open the mind of the
makers’ but it can not be considered as the part of the Constitution.

Kesavananda Bharati Case

This case created history as for the first time, a bench of 13 judges was assembled to hear
a writ petition. The Court held that:

1. The Preamble of the Constitution will now be considered as part of the

Constitution.
2. The Preamble is not the supreme power or source of any restriction or
prohibition but it plays an important role in the interpretation of statutes and
provisions of the Constitution.

So, it can be concluded that preamble is part of the introductory part of the Constitution.

Amendment of the Preamble

After the judgment of the Kesavanand Bharati case, it was accepted that the preamble is
part of the Constitution. So, as a part of the Constitution, it can be amended under Article
368 of the Constitution, but the basic structure of the preamble can not be amended.
Because the structure of the Constitution is based on the basic elements of the Preamble.
As of now, the preamble is only amended once through the 42nd Amendment Act, 1976.

42nd Amendment Act, 1976

The 42nd Amendment Act, 1976 was the first act ever to amend the preamble of the
Constitution. On December 18th, 1976, ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to
the preamble to protect economic justice and eliminate discrimination whatsoever. Through
this amendment, ‘socialist’ and ‘secular’ were added between ‘sovereign’ and ‘democratic’,
and ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.

Interpretation by the Supreme Court

The preamble was added to the Constitution after the enactment of the Constitution. In
the Berubari Union Case, the Supreme Court held that the preamble is not a part of the
Constitution rather it was considered as the guiding principle for the provisions of the
Constitution.

In the Kesavananda Bharati case, the Supreme Court changed its previous decision and
accepted preamble as part of the Constitution which means it can be amended under
Article 368 of the Constitution.

In the LIC of India case, the Supreme Court continued with its judgment on declaring
preamble as part of the Constitution.

So, in the end, the preamble of the Constitution is considered a beautiful preface to the
document as it contains all the basic information like the objective and philosophy of the
Constitution.