Preamble

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 farmers, 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 word's liberty, equality, and fraternity in the Preamble is drawn from the French Constitution. 

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 the principle of 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)  
• Golak Nath Case (1967)  
• KesaVananda Bharati Case (1973)  
• Raghunath Rao 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 Golak Nath 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.