1. THE PREAMBLE

              PREAMBLE OF THE CONSTITUTION

The American Constitution was the first to begin with a Preamble. Many countries, including India, followed this practice. 

The term 'Preamble' refers to the introduction or preface to the Constitution. It contains the summary or essence of the  Constitution.  N.A.  Palkhivala,  an  eminent  jurist  and constitutional expert, called the Preamble as the 'identity card oft the Constitution.'

The Preamble  to the Indian Constitution is based on the 'Objectives Resolution', drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly¹. 

It has been amended by the 42nd Constitutional Amendment Act (1976), which added three new words-Socialist, Secular and Integrity.

"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".

The Preamble reveals four ingredients or components:

1. Source of authority of the Constitution: The Preamble states that the Constitution derives its 

authority from the people of India.

2. Nature of Indian State: It declares India to be of a sovereign, socialist, secular democratic 

and republican polity.

3. Objectives of the Constitution: It specifies justice, liberty, equality and fraternity as the 

objectives.

4. Date of adoption of the Constitution: It stipulates November 26, 1949, as the date.

IN THE PREAMBLE

Certain key words-Sovereign, Socialist,  Secular,  Democratic, Republic, Justice, Liberty, Equality 

and Fraternity-are explained as follows:

1. Sovereign

The word 'sovereign' implies that India is neither a dependency nor a dominion of any other nation, 

but an independent state². There is no authority above it, and it is free to conduct its own 

affairs (both internal and external).

Though in 1949, India declared the continuation of her full membership of the Commonwealth of 

Nations and accepted the British Crown as the head of the Commonwealth,  this extra­ constitutional 

declaration does not affect India's sovereignty in any manner³.  Further,  India's membership  of 

the United  Nations Organisation (UNO) also in no way constitutes a limitation on her sovereignty⁴ 

.

Being a sovereign state, India can either acquire a foreign territory or cede a part of its 

territory in favour of a foreign state.

2. Socialist

Even before the term was added by the 42nd Amendment in 1976, the Constitution had a socialist 

content in the form of certain Directive Principles of State Policy. In other words, what was 

hitherto implicit in the Constitution has now been made explicit. Moreover, the Congress party 

itself adopted a resolution⁵ to establish a 'socialistic pattern of society' in its Avadi session 

as early as in 1955 and took measures accordingly.

Notably,  the  Indian  brand  of  socialism  is  a  'democratic socialism' and not a 'communistic 

socialism' (also known as 'state socialism') which involves the nationalisation of all means of 

production and distribution and the abolition of private property. Democratic socialism, on the 

other hand, holds faith in a 'mixed economy' where both public and private sectors co-exist side by

. As the Supreme Court says, 'Democratic socialism aims to end poverty, ignorance, disease and 

inequality of opportunity⁷. Indian socialism is a blend of Marxism and Gandhism, leaning heavily 

towards the Gandhian socialism'8 .

The new Economic Policy (1991) of liberalisation, privatisation and globalisation has, however, 

diluted the socialist credentials of the Indian State. ( DO YOU AGREE?)

3. Secular

The term 'secular' too was added by the 42nd Constitutional Amendment Act of 1976. However, as the 

Supreme Court said in 1974, although the words 'secular state'⁹ were not expressedly mentioned  in 

the  Constitution,  there  can  be  no  doubt  that Constitution makers  wanted  to  establish  such 

 a  state  and accordingly Articles 25 to 28 (guaranteeing the fundamental right to freedom of 

religion) have been included in the constitution.

The Indian Constitution  embodies  the positive concept  of secularism ie, all religions in our 

country (irrespective of their strength) have the same status and support from the state¹⁰ .

4. Democratic

A democratic ¹¹ polity, as stipulated in the Preamble, is based on the doctrine of popular sovereignty, that is, possession of supreme power by the people.

Democracy  is  of  two  types-direct  and  indirect.  In  direct democracy, the people exercise their supreme power directly as is the  case  in  Switzerland.  There  are  four  devices  of  direct democracy,  namely,  Referendum,  Initiative,  Recall  and Plebiscite¹². 

 In indirect  democracy,  on the  other  hand,  the representatives elected  by the people  exercise the supreme power and thus carry on the government and make the laws. This type of democracy, also known as representative democracy, is of two kinds-parliamentary and presidential.

The  Indian  Constitution  provides  for  representative parliamentary  democracy  under  which  the  executive  is responsible to the legislature for all its policies and actions.

adult  franchise,

  periodic  elections

  rule  of  law,

 independence  of judiciary,  

and absence of discrimination on certain  grounds  are  the  manifestations  of  the  democratic character of the Indian polity.

The term 'democratic' is used in the Preamble in the broader sense embracing not only political democracy but also social and economic democracy.

This  dimension  was  stressed  by  Dr.  Ambedkar  in  his concluding speech in the Constituent 

Assembly on November 25, 1949, in the following way:

"Political democracy cannot last unless there lies at the base of it social democracy. What does social democracy mean ? It means a way  of life which recognises  liberty, equality  and fraternity. The principles of liberty, equality and fraternity are not to be treated as separate items in a trinity. They form a union of trinity in the sense that to divorce one from the other is to defeat the very purpose of democracy. Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty, would kill individual initiative".12a

In the same context, the Supreme Court observed in 1997 that: "The Constitution envisions to establish an egalitarian social order rendering to every citizen social, economic and political justice in a social and economic democracy of the Bharat Republic".

5. Republic

A  democratic  polity  can  be classified  into  two  categories­ monarchy and republic. In a monarchy, the head of the state (usually king or queen) enjoys a hereditary position, that is, he comes into office through succession, e.g., Britain. In a republic, on the other hand, the head of he state is always elected directly or indirectly for a fixed period, e.g., USA.Therefore, the term 'republic' in our Preamble indicates that India has an elected head called the 

president. He is elected indirectly for a fixed period of five years.A republic also means two more things: one, vesting of political sovereignty in the people and not in a single individual like a king;e ged class and hence all public offices being opened to every citizen without any discrimination.

6. Justice

The term 'justice' in the Preamble embraces three distinct forms­ social, economic and political, secured through various provisions of Fundamental Rights and Directive Principles.

Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular  section  of  the  society,  and  improvement  in  the conditions  of  backward  classes (SCs,  STs  and  OBCs)  and women.

Economic  justice  denotes  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.

The ideal of justice-social, economic and political-has been taken from the Russian Revolution (1917).

7. Liberty

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 secures to all citizens of India liberty of thought, expression, belief, faith and worship, through their Fundamental Rights, enforceable in court of law, in case of violation.

Liberty as elaborated in the Preamble is very essential for the successful functioning of the Indian democratic system. However, liberty does not mean 'license' to do what one likes, and has to be enjoyed within the limitations mentioned in the Constitution itself. In brief, the liberty conceived by the Preamble or Fundamental Rights is not absolute but qualified. Concept of liberty, equality and fraternity in our Preamble have been taken from the French Revolution (1789-1799).

8. Equality

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 to all citizens of India equality of status and opportunity. This provision embraces three dimensions of equality-civic, political and economic.

The following provisions of the chapter on Fundamental Rights ensure civic equality:

(a) Equality before the law (Article 14).

(b) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth 

(Article 15).

(c) Equality of opportunity in matters of public employment (Article 16).

(d) Abolition of untouchability (Article 17).

(e) Abolition of titles (Article 18).

There are two provisions  in the Constitution that seek to achieve political equality. One, no 

person is to be declared ineligible for inclusion in electoral rolls on grounds of religion, race, 

caste or sex (Article 325). Two, elections to the Lok Sabha and the state assemblies to be on the 

basis of adult suffrage (Article 326).

The Directive Principles of State Policy (Article 39) secures to men and women equal right to an 

adequate means of livelihood and equal pay for equal work.

9. Fraternity

Fraternity  means  a  sense  of  brotherhood.  The  Constitution promotes  this  feeling  of  

fraternity  by  the  system  of  single citizenship. Also, the Fundamental Duties (Article 51-A) 

say that it shall be the duty of every citizen of India to promote harmony and the spirit of common 

brotherhood amongst all the people of India transcending religious, linguistic, regional or 

sectional diversities.

le declares that fraternity has to assure two things­ the dignity of the individual and the unity 

and integrity of the nation. The word 'integrity' has been added to the preamble by the 42nd 

Constitutional Amendment (1976).

According to K.M. Munshi, a member of the Drafting Committee of the Constituent Assembly, the 

phrase 'dignity of the individual' signifies that the Constitution not only ensures material 

betterment and maintain a democratic set-up, but that it also recognises that the personality of 

every individual is sacred. This is highlighted through some of the provisions of the Fundamental 

Rights and Directive Principles of State Policy, which ensure the dignity of individuals. Further, 

the Fundamental Duties (Article 51-A) also protect the dignity of women by stating that it shall be 

the duty of every citizen of India to renounce practices derogatory to the dignity of women, and 

also makes it the duty of every citizen of India to uphold and protect the sovereignty, unity and 

integrity of India.

The phrase 'unity and integrity of the nation' embraces both the psychological and territorial 

dimensions of national integration. 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, implying the 

indestructible nature of the Indian Union. It aims  at  overcoming  hindrances  to  national  

integration  like communalism, regionalism, casteism, linguism, secessionism and so on.

SIGNIFICANCE OF THE PREAMBLE

The Preamble embodies the basic philosophy and fundamental values-political, moral and religious-on 

which the Constitution is based. It contains the grand and noble vision of the Constituent 

Assembly, and reflects the dreams and aspirations of the founding fathers of the Constitution. In 

the words of Sir Alladi Krishnaswami Iyer, a member  of the Constituent  Assembly  who played a 

significant role in making the Constitution, 'The Preamble to our Constitution expresses what we 

had thought or dreamt so long'.

According to K.M. Munshi, a member of the Drafting Committee of the Constituent Assembly, the Preamble is the 'horoscope of our sovereign democratic republic'.

Pandit  Thakur  Das  Bhargava,  another  member  of  the Constituent  Assembly,  summed  up  the  

importance  of  the Preamble in the following words: 'The Preamble is the most precious part of the 

Constitution. It is the soul of the Constitution. It is a key to the Constitution. It is a jewel 

set in the Constitution. It is a proper yardstick with which one can measure the worth of the 

Constitution'.

Sir Ernest Barker, a distinguished English political scientist, paid a glowing tribute to the 

political wisdom of the authors of the Preamble. He described the Preamble as the 'key-note'¹³ to 

the Constitution. He was so moved by the text of the preamble that he quoted14 it at the opening of 

his popular book, Principles of Social and Political Theory (1951).

M. Hidayatullah, a former Chief Justice of India, observed, 'Preamble resembles the Declaration of 

Independence of the United States of America, but is more than a declaration. It is the soul of our 

Constitution, which lays down the pattern of our political society. It contains a solemn resolve, 

which nothing but a revolution can alter¹⁵ .

DISPUTES 

One of the controversies about the Preamble is as to whether it is a part of the Constitution or 

not.

In the Berubari Union¹⁶ case (1960), the Supreme Court said that the Preamble shows the general 

purposes behind the several provisions in the Constitution, and is thus a key to the minds of the 

makers of the Constitution. Further, where the terms used in any article are ambiguous or capable 

of more than one meaning, some  assistance  at  interpretation  may  be  taken  from  the 

objectives enshrined in the Preamble. Despite this recognition of the significance of the Preamble, 

the Supreme Court specifically opined that Preamble is not a part of the Constitution.

In the Kesavananda Bharati case¹⁷ (1973), the Supreme Court rejected the earlier opinion and held 

that Preamble is a part of the Constitution.  It  observed  that  the  Preamble  is  of  extreme 

importance and the Constitution should be read and interpreted in the light of the grand and noble 

vision expressed in the Preamble. In the L/C of India case¹⁸ (1995) also, the Supreme Court again 

held that the Preamble is an integral part of the Constitution.

Like any other part of the Constitution, the Preamble was also enacted by the Constituent Assembly; 

but, after the rest of the Constitution was already enacted. The reason for inserting the Preamble 

at the end was to ensure that it was in conformity with the Constitution as adopted by the 

Constituent Assembly. While forwarding  the  Preamble  for  votes,  the  President  of  the 

Constituent Assembly said, 'The question is that Preamble stands part of the Constitution'¹⁹. The 

motion was then adopted. Hence, the current opinion held by the Supreme Court that the Preamble is 

a part of the Constitution, is in consonance with the opinion of the founding fathers of the 

Constitution.

However, two things should be noted:

1. The Preamble is neither a source of power to legislature nor a prohibition upon the powers of 

legislature.

2. It is non-justiciable, that is, its provisions are not enforceable in courts of law.

UTILITY OF THE PREAMBLE

The question as to whether the Preamble can be amended under Article 368 of the Constitution arose 

for the first time in the historic Kesavananda Bharati case (1973). It was urged that the Preamble 

cannot be amended as it is not a part of the Constitution. The petitioner contended that the 

amending  power in Article 368 cannot be used to destroy or damage the basic elements or the 

fundamental features of the Constitution, which are enshrined in the Preamble.

The Supreme Court, however, held that the Preamble is a part of the Constitution. The Court stated 

that the opinion tendered by it in the Berubari Union (1960) in this regard was wrong, and held 

that the Preamble can be amended, subject to the condition that no amendment is done to the 'basic 

features'. In other words, the Court held that the basic elements or the fundamental features of 

the Constitution as contained in the Preamble cannot be altered by an amendment under Article 

36820.

The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act, 

which has added three new words-Socialist, Secular and Integrity-to the Preamble. This amendment 

was held to be valid.

NOTES AND REFERENCES

1. Moved by Nehru on December 13, 1946 and adopted by the Constituent Assembly on January 22, 1947.

2. Till the passage of the Indian Independence Act, 1947, India was a dependency (colony) of the 

British Empire. From August 15, 1947 to January 26, 1950, India's political status was that of a 

dominion in the British Commonwealth of Nations. India ceased to be a British dominion on January 

26, 1950, by declaring herself a sovereign republic. However, Pakistan continued to be a British 

Dominion until 1956.

3. To dispel the lurking fears of some members of the Constituent Assembly, Pandit Nehru said in 

1949 thus:

ledge long ago to achieve Purna Swaraj. We have achieved it. Does a nation lose its independence by 

an alliance with another country? Alliance normally means  commitments.  The  free  association  of 

 the sovereign Commonwealth of Nations does not involve such commitments. Its very strength lies in 

its flexibility and its complete freedom. It is well-known that it is open to any member-nation to 

go out of the commonwealth if it so chooses'. He further stated, 'It is an agreement by free will, 

to be terminated by free will'.

4. India became a member of the UNO in 1945.

5. The Resolution said: 'In order to realise the object of Congress and to further the objectives 

stated in the Preamble and Directive Principles of State Policy of the Constitution of India, 

planning should take place with a view to the establishment of a socialistic pattern of society, 

where the principal means of production are under  social  ownership  or  control,  production  is 

progressively  speeded  up  and  there  is  equitable distribution of the national wealth'.

6. The Prime Minister,  Indira Gandhi,  said, 'We have always said that we have our own brand of 

socialism. We will nationalise  the sectors where we feel the necessity.  Just  nationalisation  is 

 not  our  type  of socialism'.

7. G.B. Pant University of Agriculture and Technology v.

State of Uttar Pradesh (2000).

8. Nakara v. Union of India (1983).

9. On the basis of the attitude of the state towards religion, three types of states can be 

conceived of:

(a) Atheistic State: The state is anti-religion and hence, condemns all religions.

(b) Theocratic  State:  The state is pro-religion  and hence, declares one particular religion as 

the state religion, as for example, Bangladesh, Burma, Sri Lanka, Pakistan, and so on.

(c) Secular State: The state is neutral in the matter of religion and hence, does not uphold any 

particular

ligion as the state religion, as for example, USA and India.

G.S. Pande, Constitutional Law of India, Allahabad Law Agency, eighth edition, 2002, P. 222.

10. The then Union Law Minister, H.R. Gokhale defined this concept as: 'There will be freedom, 

liberty of faith and worship, whatever religion you belong to. The State will not have anything to 

do, as a state, with any religion excepting to treat every religion equally, but the State will not 

have any foundation of religion'. Similarly, P.B. Gajendragadkar, a former Chief Justice of India, 

defined secularism as in the Indian Constitution in the following way: 'The State does not owe 

loyalty to any particular religion as such: it is not irreligious or anti-religious; it gives equal 

freedom to all religions'.

11. The term 'democracy' is derived from two Greek words, namely, Demos and Kratia meaning 'People' 

and 'rule' respectively.

12. Referendum  is  a  procedure  whereby  a  proposed legislation is referred to the electorate 

for settlement by their direct votes.

Initiative is a method by means of which the people can propose a bill to the legislature for 

enactment.

Recall is a method by means of which the voters can remove a representative or an officer before 

the expiry of his term, when he fails to discharge  his duties properly.

Plebiscite is a method of obtaining the opinion India's of people on any issue of public 

importance. It is generally used to solve the territorial disputes.

12a. B. Shiva Rao, The Framing of India's Constitution: Select Documents, Volume IV, P. 944.

13. He said that the Preamble of the Indian Constitution states 'in a brief and pithy form the 

argument of much of the book; and it may accordingly serve as a key-note'.

14. He wrote: 'I am all the more moved to quote it because I am proud that the people of India 

should begin their independent life by subscribing to the principles of a

litical tradition which we in the west call western, but which is now something more than the 

western'.

15. M Hidayatullah, Democracy in India and the Judicial

Process, p. 51.

16. Reference by the President of India under Article 143 of the Constitution on the implementation 

of the lndo­ Pakistan agreement  relating to Berubari union and exchange of enclaves (1960).

17. Kesavananda Bharati v. State of Kera/a (1973).

18. L/C of India v. Consumer Education and Research Centre (1995).

19. 'Constituent Assembly Debates', Volume 10, P. 450-

456.

20. The Court observed, 'The edifice of our Constitution is based  upon  the  basic  elements  

mentioned  in the Preamble. If any of these elements are removed, the structure will not survive 

and it will not be the same Constitution  or  it  cannot  maintain  its  identity.  An amending 

power cannot be interpreted so as to confer power on the Parliament to take away any of these 

fundamental and basic characteristics of the polity'.