The Preamble

3
WE. THE PEOPLE OF INDIA, having solemni
resolved to constitute India into a
SOVEREIGN SOCIALIST THE PREAMBLE
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 individ
and the
UNITY AND INTEGRITY OF THE NATION: PREAMBLE embodies the fundamental
THE
IN OUR CONSTITUENT ASSEMBLY which our
values, the philosophy and the ethos on
this twenty-sixth day of November, 1949. which
Constitution is based and built and the aims
do HEREBY ADOPT, ENACT AND GIVE TO strive to
OURSELVES THIS CONSTITUTION the founding fathers enjoined the polity to in the
achieve. These have been further elaborated
Principles
chapters on Fundamental Rights, Directive
constitutional
and Fundamental Duties. In fact, the
permeate the
values of the Preamble are supposed to
entire Constitution. Parliamentary democracy, adult
citizenship,
Iranchise, independent judiciary, one
 18 1Constitution of India Subhash CKashysp I19

distribution of powers and'secular".Also, 'unity of the Nation' was amended

The Forty-second between the Union to read 'unity and integrity of the Nation, Thus.
Constitution Amendment and the States, according to the text of the Preamble as it stands
Act of 1976 added to the today, the supreme or fundarmental constitutional
Preamble che words 'socialise' all flow from the
and 'secular'. Also, 'unity of the Preamble. The values in which the founding fathers believed, which
Nation' was amended to read whole edifice of they wanted to foster among the people of the
"unity and integricy of the the Constitution of Republic, and which, they hoped, would guide all
Nation' those who, from generation to generation, were
India and the structure
called upon to work the Constitution were:
of the political system were " Sovereignty
meant to protect and promote the constitutional
Socialism
values or elements embodied in the Preamble.
Secularism
The Preamble, as adopted by the Constituent
Assembly, spoke of "We, the People of India', making Democracy
"Republican character
a solemn resolve to constitute India intoa 'Sovereign
Justice
Democratic Republic', securing for all its citizens
" Liberty
Justice, Liberty and Equality, and promoting among
" Equality
them all Fraternity. Justice was further defined as
" Fraternity
social, economic and political. Liberty included
liberty of thought, expression, belief, faith and " Dignity of the individual, and
Worship, Equality meant 'equality of status and of "Unity and integrity of the Nation
opportunity' and fraternity was promoted to assure
the ultimate values of 'dignity of the individual and Sovereignty
Sovereignty is considered to be one of the
essential
the unity and integrity of the nation'. absolute and
The Forty-second Constitution Amendment Act attributes of a State and connotes
control by any
of 1976 added to the Preamble the words 'socialist' supreme power not subject to
20 1 Constitution of Indu Subhash CKashyap |21
internal or external authority. In this traditional sense
nder public (meaning State'). A relevant
question,
of sovereignty, no State today can be said to be fully bowever, is whether the economic policy of
sovereign. Membership of international orgarisations Eberalisation, free market competition, privatisation,
etc. can be considered socialistic.
like the United Nations, European Union, etc. and
international treaties, accords and conventions cast
Secularism
obligations, put restraints and erode sovereignty.
Often, in our common parlance, the term secularism
Another aspect of sovereignty that has been
made clear as a value enshrined in the Constitution is used merely as an opposite of 'communalism'.
is that sovereignty vests in the people. It is 'we, the A secular state deals with the individual as a citizen
people' who are sovereign and who have given 'to irrespective of his religion. It is not connected to a
ourselves this Constitution'. No one should forget particular religion nor does it seek to promote or
that the highest functionaries of the State are the interfere with religion. A secular state attempts to
secure the good of all its citizens irrespective of their
creatures of the people and accountable to them.
The end objective of the exercise of any power in religious beliefs and practices. It is neutral or impartial
polity by anyone must be good governance and the in extending its benefits to citizens of all castes and
good of the people. creeds. The meaning sought to be given to the term
has been that of Sarvo Dharm Sambhava, i.e. treating
Socialism all religions alike or giving equal respect to all religions,
The Preamble of our Constitution as amended instead of Dharm Nirpeksh or Panth Nirpeksh, i.e. State
in 1976 gives place of honour to the objective of neutrality in matters of religion. The Constitution
'Socialism'. It is mentioned next only to 'Sovereign' envisaged a nevw social order free from communal
However, the term 'Socialism' has not been defined Conflicts and based on Justicesocial, economic
by the Constitution. Dictionary meaning of the and political. It visualised a polity under which laws
word would imply, in fuli and in part, placing means would not discriminate between citizens on grounds
sought
of production and distribution in public hands, i.e. OT religion, caste or the like. The Constitution
22 I Constitution of India Subhash CKashyap | 23

to establish a 'secular' order under which the majority democracy'. The founding fathers tried to provide
of the population did not enjoy any special privileges for the fullest representation by enfranchising all
the State and
or preferential treatment at the hands of the vast adult population of the country without any
the 'religious' rights of the minorities were protected literacy, property, income tax, or sex criteria. This
in different ways. is borne out by the provisions for universal adult
franchise with all adults having the right to vote
Democracy and the executive being responsible to the popular
Its basic postulates are that the sovereign power
house of the legislature. For our founding fathers,
democracy did not mean merely political democracy
resides in the people, that irrespective of religion,
caste, creed, colour or sex, all are equal in the eyes or the people's right to periodically vote to elect
of law. Democracy implies that the people govern their representatives. Without social and economic
themselves through their chosen representatives. democracy, political democracy had no meaning in a
social and
There are many variants of democracy which can poor country like India. For Dr Ambedkar,
be considered equaly representative and legitimate. economic democracy was the real aim and ultimate
We have largely adopted what is called 'parliamentary goal. He said that 'parliamentary democracy was
meaningless unless it was geared to achieving the
Nehru
real goal of economic democracy'. Jawaharlal
conception
also observed that democracy of his
was the good
Dr Ambedkar: Parliamentary was only a means to an end. The end
democracywas meaningless life for the individual which must include a certain
gearedto satisfaction of the essential economic needs.
it was goal of
unless the real
achieving
economic democracy Republican Character
of aState in which
Ihe concept of"Republic' is that
is no privileged
the people are supreme: there
24 | Constitution of lndia Subhash C Kashyap I 25
every citizen
class and all public offices are open to political, again giving precedence to social and
or creed.
without any distinction of race, caste, sex economic over political justice.
head of the
There is no hereditary ruler and the Social justice implies that all citizens are treated
fixed term.
State is elected by the people for a equally irrespective of their status in society as a
Republic.
He is usually called the President of the result of the accident of birth, race, caste, religion,
A Republic is a State in which the supreme power sex, title, etc.
individual.
rests in the people and not with a single Economic justice would require that the rich and
Democratic Republic may, therefore, broadly mean the poor are treated alike and that efforts are made
a State with an elected head and a government by to bridge the gap between them.
the representatives of the people. Political justice means equal share to all citizens
It is in the widest sense that the Preamble speaks in the right to participation in the political process
of India being a Republic. The head of the Union without any distinction of race, caste, creed, religion
is a President who is elected for a fixed term by or place of birth.
an electoral college of the representatives of the Founding fathers like Nehru and Ambedkar
people. AJl citizens are equal in the eyes of law. were quite clear in their minds that political justice
was meaningless without economic justice. In
Justice our society ridden with religious, caste and creed
The Preamble promises justice to all citizens discriminations, even economic justice was not
Justice means harmonisation of interests between enough unless it was coupled with social justice. Dr
the individuals, between groups and between the Ambedkar had said :
individuals and groups on the one hand and interests
of the community on the other. On 26th January I950, we are going to enter into
Most significantly,. a life of contradictions. n politics, we will have
the Preamble places Justice higher
than the other equality and in social and economic life we will have
principles of Liberty. Equality and Fraternity. Justice inequality. In politics, we will be recognising the
is defined or elaborated as
social, economic and
 26 I Constitution of lndia
Subhash C Kashysp I 27
value.
principle of one man one vote and one vote one vote and participate in the process of governance
reason
In our social and economic life, we shall, by without any discrimination. In the economic field,
of our social and economic structure, continue to equality means that for the same ability and same
deny the principle of one man one value. labour, the salary would also be the same. Also, one
man or one class would not exploit other men or
Liberty classes.
Liberty' in the Preamble to our Constitution does
not mean mere absence of restraint or domination. Fraternity
It is a positive concept of the right to "iberty of The ideals of justice, liberty and equality are relevant
thought, expression, belief, faith and worship'. It and meaningful only in as much as these promote a
comprehends various freedoms later concretised
common feeling of Indian fraternity, of being sons
in the Fundamental Rights part of the Constitution and daughters of the same Mother India despite all
and considered essential for the development of the the racial, linguistic, religious and other diversities of
individual and the nation. many sorts. Provisions relating to common citizenship
are directed towards strengthening Indian fraternal
Equality feelings and buildinga strong Indian fellowship.
The concept of Equality embodied in our Preamble In fact, the concept of fraternity is far wider than
is only that of equality of status and opportunity. This
has legal, social, political and economic aspects. All
the concept of secularism. It goes beyond separation
of religion and politics, freedom of religion, equal
are equall before law and enjoy equal protection of
the laws of the land. There can be no respect for all religions, etc. Unfortunately, not
discrimination enough importance has been attached by the jurists
among citizens only on ground of religion, race,
caste, sex or place of birth in the matter of access and judges to this concept. Speaking on the need
to public places and public tor the recognition of the principle of fraternity,
employment. All citizens
are equally entitled to enjoy the Dr Ambedkar remarked in the Constituent
political rights to
Assembly:
 28 IConstitutiom of Indna
Subhash CKashvap l 29

What does fraternity mean? Fraternity means a euoreme passion was to

barriers of caste and demolishthat the ugly social
Indians-of
all
sense of common brotherhood of all
principle which Lild a common Indian community divided us and
Indians being one people. It is the fraternity and fellowship.
gives unity and solidarity to social life. Also, without unity and integrity of the
we cOuld not succeed in our efforts at
nation.
economic
Dignity of the Individual development, nor could we hope to preserve either
Fraternity was expected to preserve and promote democracy or the independence of the country and
Indian
the dignity of the individual. The unit of the honour of the countrymen.
of the The much talked about principle of
polity was the individual citizen. In the minds 'unity in
founding fathers, dignity of the individual was of diversity' is often misunderstood or deliberately
supreme importance. The ultimate objective was misused. While diversity is an existent reality of our
to improve the quality of life for the individual, to society and our nation, it is not something to be
enable every citizen to Iive a life of dignity. celebrated or to be proud of. The aim is to achieve
unity. Diverse does not mean divided. Diversity may
Unity and Integrity of the Nation be good so long as it contributes to unity.
In order to safeguard the dignity of the individual, To sum up, an analysis of the various concepts
we need to build the nation and protect its unity and terms in the Preamble proves that the noble
and integrity. It was only through a spirit of common words of our Preanble represent the quintessence,
brotherhood and fraternity that we could hope the philosophy. the ideals or the soul of the entire
to build national unity in a pluralistic society. The Constitution of lndia. Other parts and provisions
highest value in the minds of the framers of the of the Constitution are only an elaboration and
Constitution was to build a united India and a strong attempt to give concrete shape, and meaning to the
and integrated nation from a highly heterogeneous. Words of the Preamble. No wonder that the Supreme
widely segmented and fragmented feudal society Court found that the Preamble contained some of the
with many diverse pulls of various sorts. Their vasic features of the Constitution which could not be
30 | Constitution of lndia

Constitution,
altered even by an amendn.ent of the
of the
After some 70 years of the working
considered to
Constitution, it needs to be seriously
the
what extent we have succeeded in implementing
objectives of
basic principles and achieving the core
Preamble.
the Constitution embodied in the