Preamble: "We, the People of India..."

The Preamble to the Constitution of India serves as a brief introductory statement setting out the guiding purposes and principles of the document. It is the preface to the Constitution.

Full Text of the Preamble:

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 twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Source of the Preamble:

The Preamble is based on the 'Objectives Resolution' drafted and moved by Pandit Jawaharlal Nehru and adopted by the Constituent Assembly on January 22, 1947. While its structure and phrasing were refined, the core ideals remained the same.

Significance of the Preamble:

• It contains the philosophy on which the entire Constitution has been built.

• It reveals the source of authority of the Constitution (The People of India).

• It states the nature of the Indian State (Sovereign, Socialist, Secular, Democratic, Republic).

• It lays down the objectives of the Constitution (Justice, Liberty, Equality, Fraternity).

• It mentions the date of adoption of the Constitution (November 26, 1949).

The Preamble is considered an integral part of the Constitution. In the Kesavananda Bharati case (1973), the Supreme Court held that the Preamble is a part of the Constitution and can be amended, but the basic structure of the Constitution cannot be altered. The Preamble was amended once by the 42nd Constitutional Amendment Act, 1976, which added three new words: Socialist, Secular, and Integrity (this last word was added to "unity of the Nation").

Sovereign

The word 'Sovereign' implies that India is an independent country. It is neither a dependency nor a dominion of any other nation, but an independent state.

Being a sovereign state means:

• India is free to conduct its own affairs (both internal and external).

• There is no authority above it.

• It is free to acquire foreign territory or cede a part of its territory in favour of a foreign state.

Membership of the Commonwealth of Nations or the United Nations Organisation does not affect India's sovereignty, as these are voluntary associations.

Socialist

The word 'Socialist' was added to the Preamble by the 42nd Constitutional Amendment Act, 1976. Even before this addition, the Constitution had a socialist content in the form of the Directive Principles of State Policy.

The Indian brand of socialism is a democratic socialism, unlike the communist socialism (which involves the nationalisation of all means of production and distribution and the abolition of private property).

• Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards Gandhian socialism.

• It aims at ending poverty, ignorance, disease, and inequality of opportunity.

• It advocates the achievement of socialist goals through peaceful, democratic means, and believes in a mixed economy where both public and private sectors co-exist.

The Supreme Court has held that democratic socialism aims to achieve the ends of socialism through democratic means and the gradual progress of society. It also seeks to minimise income, status, and opportunity inequalities.

Secular

The word 'Secular' was also added to the Preamble by the 42nd Constitutional Amendment Act, 1976. Similar to 'Socialist', the Constitution always contained provisions that reflected the secular character of the Indian state.

The Indian concept of secularism signifies:

• The State does not have its own religion.

• The State treats all religions equally, without favouritism or discrimination towards any religion.

• It guarantees freedom of religion to all citizens (Articles 25 to 28).

• It allows the State to intervene in religious affairs to ensure social justice and equality (e.g., reforms within religions).

The Supreme Court has declared that secularism is a basic feature of the Indian Constitution.

Democratic

The Indian Constitution provides for a democratic polity. A democracy is a system of government where the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation, usually involving periodically held free elections.

The Indian Constitution establishes a representative parliamentary democracy. This means:

• The executive is responsible to the legislature.

• The representatives are elected by the people.

The term 'Democratic' in the Preamble is used in a broader sense, embracing not only political democracy but also social and economic democracy. As Dr. B. R. Ambedkar stated, political democracy cannot last unless there lies at its base social democracy.

The Indian democracy is characterised by universal adult franchise, periodic elections, rule of law, independent judiciary, and absence of discrimination on grounds of caste, creed, religion, or sex.

Republic

The term 'Republic' in the Preamble indicates that India has an elected head of state, unlike a monarchy where the head of state is hereditary.

In India, the head of state is the President, who is elected indirectly for a fixed tenure of five years.

A republic implies two more things:

• Vesting of political sovereignty in the people and not in a single individual like a king.

• Absence of any privileged class and all public offices being opened to every citizen without any discrimination.

Thus, the Republican character of India means that the ultimate power rests with the people, and public offices are accessible to all citizens.

Justice (Social, Economic, Political)

The Preamble secures to all citizens of India justice - social, economic, and political.

• Social Justice: Implies the absence of discrimination among citizens on grounds of caste, colour, race, religion, sex, and so on. It means the absence of privileges to any section of the society and improvement in the conditions of backward classes (SC, ST, OBCs) and women.

• Economic Justice: Means the non-discrimination between people on the basis of economic factors. It involves the elimination of glaring inequalities in wealth, income, and property. A combination of social justice and economic justice denotes what is known as 'distributive justice'.

• Political Justice: Implies that all citizens should have equal political rights, equal access to all political offices, and equal voice in the government. Universal adult franchise and equal value for every vote are examples of political justice.

The ideal of justice - social, economic, and political - has been taken from the Russian Revolution (1917). These ideals are sought to be achieved through various provisions of Fundamental Rights and Directive Principles of State Policy.

Liberty (Thought, Expression, Belief, Faith, Worship)

The Preamble secures to all citizens of India liberty of thought, expression, belief, faith, and worship.

The term 'liberty' means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities.

• The Preamble guarantees these liberties to all citizens, but they are not absolute. They are subject to reasonable restrictions mentioned in the Fundamental Rights, to maintain order, morality, and public health.

• The ideal of liberty is considered essential for the proper functioning of a democratic system.

The ideals of liberty, equality, and fraternity in the Preamble have been taken from the French Revolution (1789-1799).

Equality (Status and Opportunity)

The Preamble secures to all citizens of India equality of status and opportunity.

The term 'equality' means the absence of special privileges to any section of the society and the provision of adequate opportunities for all individuals without any discrimination.

The Preamble secures three dimensions of equality - civil, political, and economic.

Constitutional Provisions Ensuring Equality:

• Civil Equality: Articles 14-18 of the Fundamental Rights guarantee various aspects of civil equality:

  • Equality before law (Article 14)

  • Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth (Article 15)

  • Equality of opportunity in public employment (Article 16)

  • Abolition of Untouchability (Article 17)

  • Abolition of Titles (Article 18)

• Political Equality:

  • No person is to be declared ineligible for inclusion in electoral rolls on grounds of religion, race, caste, or sex (Article 325).

  • Elections to the Lok Sabha and the state assemblies are to be on the basis of universal adult franchise (Article 326).

• Economic Equality: The Directive Principles of State Policy (Article 39) direct the State to secure:

  • Adequate means of livelihood for all citizens.

  • Equitable distribution of material resources of the community for the common good.

  • Prevention of concentration of wealth and means of production.

  • Equal pay for equal work for men and women.

The ideals of equality, along with liberty and fraternity, were taken from the French Revolution.

Fraternity (Assuring the Dignity of the Individual and the Unity and Integrity of the Nation)

The Preamble aims to promote fraternity among all the people of India, assuring two things: the dignity of the individual and the unity and integrity of the Nation.

'Fraternity' means a sense of common brotherhood. The Constitution promotes this feeling of fraternity through the system of single citizenship.

The Preamble emphasises two aspects of fraternity:

• Dignity of the Individual: The Constitution not only ensures material betterment and maintenance of democratic set-up but also recognises the personality of every individual is sacred. This is largely secured through the Fundamental Rights.

• Unity and Integrity of the Nation: This phrase was added to the Preamble by the 42nd Constitutional Amendment Act, 1976. Article 1 of the Constitution describes India as a 'Union of States' to make it clear that the states have no right to secede from the Union. It emphasises the indissoluble nature of the Indian Union. The Preamble aims at overcoming hindrances to national integration like communalism, regionalism, casteism, etc.

The ideals of fraternity, along with liberty and equality, were taken from the French Revolution.

Is the Preamble Part of the Constitution?

A significant legal question has been whether the Preamble is considered a part of the Constitution itself. This question has been debated and decided by the Supreme Court in prominent cases.

Berubari Union Case (1960)

In this case, concerning the power of Parliament to cede Indian territory to a foreign country, the Supreme Court examined the Preamble. The Court held that the Preamble is not a part of the Constitution.

The Court observed that the Preamble serves as a 'key to open the mind of the makers' and helps in interpreting the provisions of the Constitution, but it cannot be regarded as a source of substantive powers or limitations on powers granted under the Constitution.

The Court's reasoning was based on the fact that the Preamble was not enacted by the Constituent Assembly in the same manner as the rest of the Constitution (i.e., it was not put to vote). However, it was adopted by the Assembly after the rest of the Constitution was finalised and enacted, indicating its importance.

Kesavananda Bharati Case (1973)

This landmark case dealt with the extent of Parliament's power to amend the Constitution. The Supreme Court, while overruling its earlier decision in the Berubari Union case regarding the Preamble, held that the Preamble is a part of the Constitution.

The Court reasoned that the Preamble was adopted by the Constituent Assembly in the same manner as any other part of the Constitution and that the Preamble contains the basic structure and philosophy of the Constitution. It observed that the Preamble contains the fundamental features that the Constitution is based upon.

The Supreme Court in this case introduced the doctrine of 'Basic Structure of the Constitution' and held that while Parliament can amend any part of the Constitution, it cannot amend the basic structure. Although the Preamble itself doesn't contain the entire list of basic features, the ideals mentioned in the Preamble (Sovereignty, Socialism, Secularism, Democracy, Republic, Justice, Liberty, Equality, Fraternity) are often considered components or reflections of the basic structure.

In the subsequent LIC of India case (1995), the Supreme Court again held that the Preamble is an integral part of the Constitution.

Can the Preamble be Amended?

Following the Supreme Court's decision in the Kesavananda Bharati case that the Preamble is a part of the Constitution, the question arose whether it can be amended under Article 368 of the Constitution.

Kesavananda Bharati Case (1973) and subsequent cases

In the Kesavananda Bharati case (1973), the Supreme Court held that the Preamble can be amended, but subject to the condition that the amendment does not destroy the 'basic structure' of the Constitution. The Preamble itself contains some of the basic features of the Constitution.

The argument is that if the Preamble is a part of the Constitution, it can be amended like any other provision. However, since the Preamble reflects the fundamental values and philosophy of the Constitution, its essential elements form part of the basic structure, which cannot be altered.

The Preamble has been amended only once so far. By the 42nd Constitutional Amendment Act, 1976, during the National Emergency, three new words were added to the Preamble:

• Socialist

• Secular

• Integrity (added to "unity of the Nation")

The validity of this amendment has been upheld, as the addition of these words was deemed not to violate the basic structure of the Constitution but rather to clarify and reinforce pre-existing concepts within the Constitution (as socialistic and secular principles were already present in DPSPs and Fundamental Rights).

Therefore, while the Preamble is amendable, its amendment cannot go against the fundamental principles embedded in it and constituting the basic framework of the Constitution.

Preamble as a Key to the Constitution's Objectives

The Preamble serves as a valuable guide to understanding the aims, aspirations, and philosophy of the Indian Constitution. It encapsulates the fundamental values and highest ideals that the Constitution seeks to achieve.

How Preamble illuminates the Constitution:

• Source of Authority: It clearly states that the Constitution derives its authority from "We, the People of India". This underscores the democratic principle that sovereignty ultimately rests with the citizens.

• Nature of the Indian State: It defines India as a Sovereign, Socialist, Secular, Democratic Republic. These words describe the political system, social goals, and relationship between the state and religion that the Constitution establishes.

• Objectives: It explicitly lists the four main objectives that the Constitution aims to secure for all citizens: Justice (social, economic, and political), Liberty (of thought, expression, belief, faith, and worship), Equality (of status and opportunity), and Fraternity (assuring the dignity of the individual and the unity and integrity of the Nation).

• Date of Adoption: It records the date (November 26, 1949) when the Constitution was adopted, enacted, and given to the people by the Constituent Assembly.

The Preamble, though generally not enforceable in courts, is widely considered an essential interpretative tool. When there is ambiguity in the provisions of the Constitution, courts often refer to the Preamble to ascertain the intention of the Constitution-makers and the underlying philosophy.

For instance, the ideals of Justice, Liberty, Equality, and Fraternity mentioned in the Preamble are elaborated and implemented through the chapters on Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV).

The Preamble acts like a summary or a declaration of the basic goals of the Constitution, providing a framework for interpreting its various articles and guiding the state towards building a just, equitable, and united society.