UPSC NCERT Notes – Indian Polity – The Preamble

The Preamble serves as the foundational statement that encapsulates the essence and purpose of a legal document, typically found at the beginning of constitutions or statutes. It functions as a concise and eloquent expression of the ideals and aspirations that guide the creation and interpretation of the document it precedes. In essence, the Preamble outlines the fundamental values, goals, and principles that underpin the legal framework it introduces. It often serves as a compass for understanding the overarching objectives of the legal system, providing insight into the spirit and intent behind the subsequent articles or provisions. The Preamble, with its carefully chosen words, plays a crucial role in shaping the context within which the entire document is to be understood, serving as a touchstone for the interpretation and application of the law it introduces.

The Preamble of the Indian Constitution

The Preamble of the Indian Constitution serves as the introductory statement that encapsulates the essence and spirit of the entire constitutional framework. It reflects the intentions of the framers, the historical context of its creation, and the fundamental values and principles of the nation.

• Derived from the American Constitution and influenced by the language of the Australian Constitution, the Preamble is often referred to as the “Identity Card of the Constitution” by NA Palkhivala, a distinguished jurist and constitutional expert.
• Despite its significance, the Supreme Court, in the 1995 case of Union Government v/s Life Insurance Corporation (LIC) of India, clarified that while the Preamble is an integral part of the Constitution, it is not directly enforceable in a court of justice in India.
• Alladi Krishnaswamy lyer, the Chairman of the Constituent Assembly, regarded the Preamble as the embodiment of long-held dreams, emphasizing its importance in shaping the constitutional vision. Similarly, KM Munshi described the Preamble as the “future and birth certificate” of the Sovereign Democratic Republic.

Preamble – Text

• We, the people of India, solemnly resolve to establish India as a Sovereign, Socialist, Secular, Democratic Republic, committed to ensuring justice—social, economic, and political; liberty—of thought, expression, belief, faith, and worship; equality—of status and 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, on this twenty-sixth day of November 1949, we hereby adopt, enact, and give to ourselves this Constitution.
• The Preamble draws its foundation from the Objectives Resolution, crafted by Jawaharlal Nehru in the Constituent Assembly on December 13, 1946, and subsequently adopted on January 22, 1947.
• The initial draft of the Preamble was composed by BN Rau, the constitutional advisor to the Constituent Assembly. 
• Notably, the Preamble underwent a single amendment through the 42nd Constitutional Amendment in 1976, introducing the terms Socialist and Secular while modifying the phrase “unity of the nation” to “unity and integrity of the nation.”
• Furthermore, the inspiration for the words liberty, equality, and fraternity in the Preamble is drawn from the French Constitution.

Primary Terms in the Preamble
Authority Origin	The People
State Character	Sovereign
	Socialist
	Secular Democratic
	Republic
Constitutional Aims	Justice
	Liberty
	Equality
	Fraternity
	Unity and Integrity
Date of Indian Constitution Adoption	November 26, 1949

Importance and Utility of the Preamble

• The Preamble of the Constitution encapsulates the ideals that the Constitution aims to realize.
• While it does not confer any powers, it provides guidance and purpose to the Constitution.
• It delineates the overarching goals of the entire Constitution.
• The Preamble also embodies the lofty objectives and socio-economic aspirations to be attained through constitutional mechanisms.
• In the Berubari case, the court asserted that the ‘Preamble is the key to unlocking the intentions of the framers,’ yet it is not considered a legally enforceable part of the Constitution. Therefore, it is not subject to enforcement in a court of law.

Components of the Preamble

The Preamble comprises four key components:

• Source of Authority of the Constitution: It articulates that the Constitution draws its authority from the people of India.
• Nature of Indian State: It proclaims India to have a sovereign, socialist, secular, democratic, and republican structure.
• Objectives of the Constitution: It delineates justice, liberty, equality, and fraternity as the fundamental objectives.
• Date of Adoption of the Constitution: It designates the 26th of November, 1949, as the official adoption date.

Key Phrases in the Preamble

Several crucial terms in the Preamble include:

We, the People of India

• This phrase emphasizes that the Constitution is grounded in the authority of the people of India.
• The Constitution of India is crafted by representatives elected by the people.

Sovereign

• The term sovereign denotes supremacy or independence. India possesses internal and external sovereignty.
• In essence, India enjoys external autonomy, free from the influence of foreign powers. Internally, it boasts a self-governing body directly chosen by the people, responsible for crafting and implementing laws that shape the nation.
• The principle of popular sovereignty is a fundamental component of the Indian Constitution. Consequently, Indian citizens wield sovereign power, exercising their right to elect representatives in elections spanning Parliament, State Legislature, and Local Bodies.
• The term “sovereign” finds its origin in the Constitution of Ireland, symbolizing India’s independence. Joining the Commonwealth and UNO does not impose any restrictions on India’s sovereignty.

Socialist

• The inclusion of the term “Socialist” in the Preamble through the 42nd Amendment in 1976 underscores India’s commitment to socialism. 
• This ideology advocates for income redistribution and poverty reduction, forming an integral part of the constitutional framework.
• India adheres to democratic socialism, emphasizing a mixed economy where both private and public sectors coexist.
• Rooted in Marxism and Gandhism, Indian socialism leans towards Gandhian principles, promoting social and economic equality.

Social and Economic Equality

• Social Equality implies the absence of discrimination based on caste, color, creed, sex, religion, or language. It ensures equal status and opportunities for everyone.
• Economic Equality signifies the state’s effort to achieve equitable wealth distribution and provide a decent standard of living for all. India’s adoption of a socialistic and mixed economy is reinforced by legislative measures aimed at realizing the goals of a welfare state.

Secular

• The term “Secular” was incorporated into the Preamble through the 42nd Constitutional Amendment in 1976, emphasizing the equality of all religions and promoting religious tolerance.
• Secularism takes on a distinct meaning in the West compared to India, where it denotes a complete separation between the state and religion. 
• In India, secularism signifies the state’s impartiality towards all religions, refraining from endorsing or favoring any particular faith.
• The commitment lies in ensuring religious freedom and worship for all, with no official state religion. Every individual holds the right to practice, preach, and propagate their chosen religion.
• Freedom of Religion stands protected as a fundamental right, with the Constitution holding supremacy over religious scriptures through Articles 25 to 28. All citizens, regardless of their religious beliefs, are equal before the law, and government schools refrain from imparting religious instruction.
• The Supreme Court, in SR Bommai v/s Union of India (1994), affirmed that secularism is an integral part of the Constitution’s basic structure.

Democratic Essence

• The Preamble, beginning with “We, The People” and concluding with “give to ourselves this Constitution,” distinctly reflects India’s democratic spirit.
• The democratic process in India involves the election of governments at various levels (Union, State, and Local) through universal adult suffrage.
• India practices representative democracy, encompassing not only political democracy but also social and economic democracy. 
• There exist two primary forms of democracy: direct democracy, observed in countries like Switzerland, where the public directly participates through plebiscites and direct elections; and indirect democracy, where elected representatives wield supreme power, also known as representative democracy.
• The Indian Constitution embraced parliamentary democracy, making a concerted effort to ensure full representation by granting voting rights to all adults without imposing criteria based on education, wealth, income, or gender.
• The objective of the Indian Constitution extends beyond establishing political democracy; it also strives to establish social and economic democracy. 
• According to Dr. B.R. Ambedkar, “Social and economic democracy is the real goal and ultimate objective.”

Direct Democracy Tools

•  Referendum
•  Recall
•  Plebiscite
•  Initiative

Republic

• In a democratic republic, political sovereignty resides with the people, contrasting with a monarchy where power is concentrated in the hands of a hereditary monarch. The head of a democratic republic is elected, either directly or indirectly, for a fixed term.
• The President of India is indirectly elected by an electoral college for a five-year term, and the position is open to all citizens without any hereditary constraints.

Values in the Preamble

The Preamble enshrines various values, including:

Justice

• The concept of justice in the Constitution is comprehensive, covering political, social, and economic dimensions.
• Articles 14 to 18 in Part III ensure political justice, while Articles 36 to 51 in Part IV aim to provide social and economic justice.
• Political justice implies equality in political rights and access to political offices, while social justice advocates for equal treatment of all citizens without discrimination.
• Social justice opposes discrimination based on caste, color, race, religion, and sex. It involves the fair distribution of wealth, opportunities, and privileges without regard to religion, race, caste, or creed. 
• Economic justice, a component of this, focuses on eliminating discrimination based on economic factors and rectifying inequalities in income, wealth, and property. 
• The combined pursuit of social and economic justice is referred to as distributive justice, inspired by the ideals of socio-economic and political justice from the Russian Revolution of 1917.

Liberty

• Liberty, synonymous with freedom and the individual’s free will, ensures that restrictions cannot be arbitrarily imposed unless justified by valid reasons. 
• The Preamble highlights freedoms such as thought, expression, belief, faith, and worship, safeguarded against state interference. 
• Articles 19, 25 to 28 of the Constitution further guarantee these liberties, drawing inspiration from the principles of liberty established during the French Revolution (1789-99).

Equality

• Equality, emphasizing equal treatment under the law regardless of individual status, is a core constitutional objective. 
• The Constitution strives to achieve this by prohibiting discrimination based on caste, creed, religion, and sex. 
• Fundamental Rights under Articles 14, 15, 16, 17, and 18 are rooted in equality. 
• Article 39 specifically mandates equal pay for equal work for men and women. All citizens possess equal political rights to participate in elections and governance without discrimination.
• Articles 325 and 326 in the Constitution aim to achieve political equality by preventing the exclusion of individuals from electoral rolls based on religion, race, caste, or sex.
• Article 326 mandates that elections to the Lok Sabha and State Assemblies be conducted based on adult suffrage.

Fraternity

• It signifies the collective brotherhood of all Indians, advocating the removal of social divisions and fostering a sense of belonging to Indian nationality.
• The Constitution promotes fraternity through the establishment of Single Citizenship and the inclusion of Fundamental Duties under Article 51A.
• The Preamble emphasizes that fraternity is essential to ensure the dignity of the individual and the unity and integrity of the nation.
• Article 21 of the Constitution delves into the concept of individual dignity. The term “integrity” was incorporated into the Preamble through the 42nd Constitutional Amendment Act in 1976.
• The Directive Principles are designed to guarantee freedom from want and suffering for individuals, fostering the ideals of self-respect and dignity.

Preamble as Part of the Constitution

• The Preamble serves as a crucial tool for legal interpretation when the language of the Constitution appears ambiguous. It articulates the fundamental type of government and the policies intended to be established in the country.
• Given the constitutional nature of the document, the Preamble explicitly mentions the date of adoption of the Indian Constitution.
• In legal terms, the Preamble is considered the preface and introductory section of any legal or political doctrine, traditionally distinguished from its executive components.
• The executive section comprises detailed provisions, articles, and clauses that carry legal weight and can be enforced with authority. In contrast, the Preamble is perceived as more of a visionary statement of objectives.

Supreme Court Judgments Relating to the Preamble

• Berubari Case (1960) 
• Golaknath Case (1967) 
• Kesavananda Bharati Case (1973) 
• Raghunathrao LIC India Case (1993) 
• Ganpatrao Case (1995) Union Case

• In the Berubari Union Advisory Opinion Case (1960), the Supreme Court, grounded in linear thinking, asserted that the Preamble of the Indian Constitution should not be considered a constituent part of the Constitution.
• In the Golaknath Case of 1967, the Supreme Court, overturning the rulings in the Shankari Prasad and Sajjan Singh cases, held that constitutional amendments could not infringe upon Fundamental Rights.
• However, a shift occurred in the Kesavananda Bharati v. State of Kerala Case (1973), where the Supreme Court reversed its stance, declaring the Preamble as an integral part of the Constitution. It emphasized that the values enshrined in the Preamble must serve as fundamental guiding principles for governance.
• In the Raghunath Rao Case (1993), the Court made several assertions regarding the Preamble:
  • It is not a source of legislative power.
  • The legislature cannot be restricted by it.
  • It is valuable in interpreting ambiguous provisions of the Constitution.
  • The Union of India v. LIC of India Case (1995) reiterated that the Preamble is an essential component of the Constitution.
  • The Preamble, enacted by the Constituent Assembly after the rest of the Constitution, ensures conformity with the Assembly’s vision.
  • The Preamble saw its only amendment in 1976 through the 42nd Constitutional Amendment Act, based on the recommendations of the Swaran Singh Committee, an internal committee established by the Indian National Congress. 
  • This amendment introduced three new words—Socialist, Secular, and Integrity—to the Preamble.

Prelims Facts

• The vision of the framers of the Constitution of India is encapsulated in the: Preamble– [IAS (Pre) 2017]
• The phrase ‘We the people of India’ is employed in the: Preamble of the Constitution– [MPPSC (Pre) 2016]
• The component of the Indian Constitution described as the ‘Soul’ of the Constitution is: Preamble- (UKPSC (Pre) 2012, UPPSC (Mains) 2015]
• According to KM Munshi, the Preamble of the Indian Constitution is the horoscope of our “sovereign”- (CGPSC (Pre) 2013].
• The number of types of justice, liberty, equality, and fraternity mentioned in the Preamble of the Indian Constitution is:- 3, 5, 2, 1 [UPPSC (Pre) 2018]
• The correct sequence of words in the Preamble as mentioned in the Constitution is: -Sovereign, Socialist, Secular, Democratic, and Republic [BPSC (Pre) 2008]
• The terms ‘Secular’ and ‘Socialist’ were added to the Preamble of the Indian Constitution by:- 42nd Amendment Act, 1976 [MPPSC (Pre) 2013, BPSC (Pre) 2016]
• The ideals and objectives outlined in the Preamble of the Indian Constitution are further elaborated in:- The Chapter on Directive Principles of State Policy [UP UDA/LDA (Pre) 2002, UPPSC (Pre) 2004]
• The legal nature of the Preamble of the Constitution is:- It is not enforceable [UPPSC (Pre) 2019]
• The Preamble of the Indian Constitution is a: Part of the Constitution but has no legal effect independently of other parts– [IAS (Pre) 2020]
• The goal of the Indian Constitution is to secure/assure for all its citizens: Justice, Social and Economic, Liberty of thought and expression, Equality of opportunity, Dignity of the individuals- [UP Lower 1998]
• The exact constitutional status of the Indian Republic on 26th January 1950, when the Constitution came into force, was: A Sovereign Democratic Republic– [UP Lower 2008, UPPSC (Pre) 2009]
• The principle “All individuals are fully and equally human” is known as: Universalism- [CGPSC (Pre) 2011]
• India being described as a Secular state is outlined in: Preamble to the Constitution– [UPPSC (Mains) 2005, (UPPSC (Pre) 2012)]
• The proper connotation of the term “In the affairs of governance and formulation of state policies, the state is not guided by religious consideration” is: Secularism-[Manipur PSC (Pre) 2010, WBCS (Pre) 2012]
• The absence of privileges in society is a consequence of the implications of: Equality– [IAS (Pre) 2017]
• The most appropriate relationship between law and liberty is: If there are no laws, there is no liberty- [IAS (Pre) 2016, 2018]
• In which case did the Supreme Court regard the Preamble as a part of the basic structure of the Indian Constitution? Kesavananda Bharti Case -[UPPSC (Pre) 2014, UPPSC (Mains) 2017]
• The judgement stating that the Preamble was not a part of the Constitution is from:- Berubari Case (1960) [MPSC (Pre) 2013, UPPSC (Mains) 2017]
• The Supreme Court held that “The Preamble forms part of the Constitution” in: – Bommai vs Union of India Case (1994) [UPPSC (Pre) 2012]
• The idea of the preamble in the Indian Constitution has been borrowed from the Constitution of: – The USA [UPPSC (Pre) 2014]
• The objectives embodied in the Preamble to the Constitution of India are: – Liberty of thought, expression, and belief [IAS (Pre) 2017]

UPSC NCERT Practice Questions

1. The vision of the framers of the Constitution of India is reflected in which of the following?

(a) The Preamble

(b) The Fundamental Rights

(c) The Directive Principles of State Policy

(d) The Fundamental Duties

2. The Preamble to the Constitution of India is

(a) a part of the Constitution but has no legal effect.

(b) not a part of the Constitution and has no legal effect either.

(c) a part of the Constitution and has the same legal effect as any other part.

(d) a part of the Constitution but has no legal effect independently of other parts.

3. Which of the following are the significances of the Preamble to the Constitution?

1. It specifies the objectives of Indian Constitution.
2. It contains the date of enactment of the Constitution.
3. It declares the ideals and aspirations of Indian citizen.
4. It declares the nature of Indian nation.

Select the correct answer by using the codes given below.

(a) 1 and 2

(b) 1 and 3

(c) 1, 2 and 3

(d) All of the above

4. Consider the following statements about the Preamble of the Constitution.

1. The objective resolution proposed by Jawahar Lal Nehru ultimately became the Preamble.
2. It is not justiciable.
3. It cannot be amended.
4. It cannot override the specific provisions of the Constitution.

Which of the statements given above are correct?

(a) 1 and 2

(c) 1, 2 and 3

(b)1, 2 and 4

(d) 2, 3 and 4

5. Consider the following words.

1. Socialist
2. Democratic
3. Sovereign
4. Secular

Choose the response that gives the correct order in which these words occur in the Preamble.

(a) 3, 1, 4, 2

(c) 3, 4, 2, 1

(b) 3, 4, 1, 2

(d) 4, 2, 1, 3

6. Consider the following statements.

1. The preamble is not a part of the Constitution.
2. The preamble can be amended only by the procedure mentioned under Article 368.
3. The words Socialist, Secular, and Integrity were added in 1976 to the Preamble.

Which of the statement(s) given above is/are correct

(a) 1 and 2

(b) 2 and 3

(c) Only 1

(d) All of these

7. Which of the following were mentioned in the Preamble to the Indian Constitution?

1. Sovereign
2. Secular
3. Democratic
4. Republic
5. Socialist

Select the correct answer by using the codes given below.

(a) 1, 2 and 3

(b) 2, 4 and 5

(c) 1, 2, 3 and 4

(d) All of these

8. Which one of the following correctly explains the meaning of ‘Socialist’ in the Preamble?

(a) Nationalisation of all means of production.

(b) Abolition of private property.

(c) Socialistic pattern of society.

(d) Eradication of exploitation and vested interest.

9. The word ‘Socialist’ in the Preamble implies which of the following Principles?

1. Social equality
2. Economic equality
3. Political equality

Select the correct answer by using the codes given below.

(a) Only 1

(b) 2 and 3

(c) 1 and 2

(d) All of these

10. The Indian Constitution declares India a secular state. This means that

(a) religious worship is not allowed.

(b) religions are patronized by the state.

(c) the state regards religion as a private affair of the citizen and does not discriminate on this basis.

(d) None of the above

11. ‘Economic Justice’ as one of the objectives of the Indian Constitution has been provided is IAS (Pre) 2013

(a) the Preamble and Fundamental Rights

(b) the Preamble and the Directive Principles of State Policy.

(c) the Fundamental Rights and the Directive Principles of State Policy.

(d) None of the above

12. Which one of the following objectives is not embodied in the Preamble to the Constitution of India? IAS (Pre) 2017

(a) Liberty of thought

(b) Economic liberty

(c) Liberty of expression

(d) Liberty of belief

13. In the context of polity, which one of the following would you accept as the most appropriate definition of liberty?

(a) Protection against the tyranny of political rulers.

(b) Absence of restraint.

(c) Opportunity to do whatever one likes.

(d) Opportunity to develop oneself fully.

14. Democracy’s superior virtue lies in the fact that it calls into activity IAS (Pre) 2017

(a) the intelligence and character of ordinary men and women.

(b) the methods for strengthening executive leadership.

(c) a superior individual with dynamism and vision.

(d) a band of dedicated party workers.

15. Consider the following statements.

1. The Constitution of India defines its ‘basic structure’ in terms of Federalism, Secularism, Fundamental Rights and Democracy.
2. The Constitution of India provides for ‘judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based.

Which of the statement(s) given above is/are correct?

(a) Only 1

(b) Only 2

(c) Both 1 and 2

(d) Neither 1 nor 2

16. Fraternity as mentioned by the Preamble is promoted by the Constitution through IAS (Pre) 2019

1. Single Citizenship
2. Fundamental Duties
3. Fundamental Rights

Select the correct answer by using the codes given below.

(a) 1 and 3

(b) 1 and 2

(c) 2 and 3

(d) All of these

Know Right Answer

1. (a); 2. (d); 3. (d); 4. (b); 5. (a); 6. (b); 7. (d); 8. (d) ; 9. (d); 10. (c); 11.(b); 12.(b); 13.(c); 14.(a); 15. (b) ; 16. (c)

Frequently Asked Questions (FAQs)

1. What is the Preamble of a Constitution?

A: The Preamble of a Constitution is an introductory statement that outlines the fundamental values, objectives, and guiding principles of the legal document. It serves as a preamble to the main body of the Constitution and reflects the aspirations and vision of the framers of the Constitution.

2. What is the significance of the Preamble in a constitution?

A: The Preamble holds significant importance as it provides insight into the purpose and philosophy underlying a constitution. It serves as a key to interpreting the Constitution’s provisions and helps in understanding the intentions of the framers. The Preamble often articulates the ideals of justice, liberty, equality, and fraternity, which are fundamental to the functioning of a democratic society.

3. Can amendments be made to the Preamble of a constitution?

A: In many legal systems, amendments to the Preamble are generally not allowed to maintain the foundational principles of the Constitution. However, in some cases, amendments to the Preamble may be permitted, provided they do not alter the basic structure or ethos of the Constitution. Any amendment to the Preamble would typically require a special and rigorous procedure, similar to that for amending other core provisions of the Constitution.

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