Preamble of Indian Constitution

The preamble is a brief introductory statement that sets out the guiding purpose and principles of the document. The Preamble to the Indian constitution is based on the objective resolution presented by Jawaharlal Nehru in the constituent assembly in 13 December 1946 and adopted by the constituent assembly on 22 January 1947. The preamble of indian constitution came into existence in 1950 January 26. Preamble refers to the introduction or preface to the constitution. It contains the summary or essence of the constitution. Preamble is non justifiable. Preamble serves the declaration of 

(1) The source of the constitution

(2) A statement of its objectives and

(3) the data of its adoption

The preamble page of constitution is designed by Ram Manohar Sinha. Preamble has four parts.

(1) Source of Authority of the Constitution

(2) Objectives of the Constitution

(3) Nature of Indian State

(4) Date of adoption of the Constitution

(1) Source of Authority of the Constitution

The Preamble states that the Constitution derives its authority from the people of India. According to the Indian Constitution, sovereignty is vested in the people of India.

(2) Objectives of the Constitution 

It specifies Justice, Liberty, Equality, Fraternity and Unity & Integrity as the objectives. The ideals of liberty, equality and fraternity enshrined in the preamble of the constitution of india were adopted under inspiration from french revolution. 

i. Justice - There are three types of justice in the Indian Constitution - Social Justice, Economic Justice and Political Justice. Social, economic and political justice is ensured in India through fundamental rights and directive principles. India has borrowed all these three justices from the Russian Revolution.

a. Social Justice - Justice that prevents discrimination in society on the basis of caste, religion, colour or gender.

b. Economic Justice - Justice that prevents discrimination on the basis of money or wealth.

c. Political Justice - Justice that ensures equality in political processes.

ii. Liberty - Freedom of thought, expression, belief, faith and worship that an individual enjoys through fundamental rights. Article 19 grants freedom to citizens through fundamental rights and Articles 25 - 28 provide for freedom of religion.

iii. Equality - All citizens of India are equal before the law. All citizens are equally protected by the law. The word equality means the absence of special privileges for any section of the society and providing adequate opportunities to all individuals without discrimination. It gives equality of status and opportunity and promote among them all.

iv. Fraternity - Promote Fraternity among all citizens. Fundamental rights guarantee the promotion of Fraternity. The word Fraternity in the preamble was suggested by B.R. Ambedkar.

v. Unity and Integrity - Ensures Unity and Integrity of Nation

(3) Nature of Indian State 

The Preamble of the Indian Constitution declares India to be a Sovereign, Socialist, Secular, Democratic, and Republican Polity.

i. Sovereign - Sovereign means independence. It is free from the control of any foreign power. No external power can dictate the government of india. Sovereignty is the complete freedom of a country to decide on domestic and foreign affairs. This means that India has the power to legislate on any subject. India is an independent nation. India is not dependent on or subject to the dominion of any other country. Before August 15, 1947, India was a colony of the British Empire. India became a sovereign nation on January 26, 1950. As a sovereign nation, India can acquire a foreign territory or cede a territory in favor of another. India's membership in multilateral organizations such as the UNO and the Commonwealth of Nations does not compromise its sovereignty in any way.

ii. Socialist - It implies social and economic equality. Socialism means eliminating inequalities in income and standard of living. What exists in India is 'democratic socialism'. Not 'communist socialism' (also known as state socialism). Democratic socialism is credible in a mixed economy where public and private sectors exist.

iii. Secular - The Government respects all religions it does not uplift or degrade any particular religion. All individuals have the equal right to express, practice and propagate their religion. The aim of secularism is to give equal respect to all religions/to treat all religions equally/to give no importance to any religion. That is, all religions in our country have equal status and consideration.

iv. Democratic - The people of india elect their governments at all levels by universal adult franchise. The rulers and the administrative system of the nation are elected by the people. They are responsible to the people.

v. Republic - A nation with an elected head of state is called a republic. Head of the state is elected directly or indirectly for a fixed tenure. In a democratic nation, the head of state is elected by the people, either directly or indirectly. The head of state should be elected periodically (once every 5 years).

(4) Date of adoption of the Constitution 

It stipulates November 26, 1949, as the date of its adoption.

Comments on Preamble

1. Preamble is the “political horoscope” of the Indian Constitution - K. M. Munshi

2. Preamble is something that expresses “what we thought for or dreamt for so long” - Sir Alladi Krishnaswami Ayyar

3. Preamble is the Key to constitution - Earnest Barker

4. Preamble is the Identity card of the Constitution - N.A.Palkhivala

5. It is the soul of the Constitution, It is the key to constitution, It is the gem of constitution, It is the right yardstick by which to measure the value of the Constitution. - Thakurdas Bhargav

Cases related to Preamble

1. Berubari case (1960)

In Berubari case, the Supreme Court hold that the Preamble was not a part of the Constitution. In this case, the Supreme Court said that 'the Preamble is the key to understanding the minds of the framers of the Indian Constitution'.

2. Keshavananda Bharati case v/s States of Kerala (1973) 

In Keshavananda Bharati case, the Supreme Court gave a ruling that the preamble was a part of the constitution. The question of whether the Preamble can be amended under Article 368 of the Constitution was first raised in the historic Kesavananda Bharati case. In this case, the Supreme Court held that the Preamble is part of the Constitution. The court also said that the opinion given in the Berubari case (1960) in this regard was wrong. The Preamble can be amended subject to the Constitution without making any amendment in the 'fundamental features'. In other words, the court held that the basic elements or fundamental features of the Constitution contained in the Preamble cannot be changed by an amendment under Article 368. The judgment in the Kesavananda Bharati case was pronounced on 24 April 1973.

3. Union of India v/s LIC of India (1995)

The judgment in this case was that the Preamble is part of the Constitution of India.

Is preamble enforceable by a court of law?

Ans: No, the preamble of the constitution is a part of constitution, but it is not enforceable by courts. Therefore the preamble is non-justible. That means courts cannot pass orders against government to implement the ideas contained in the preamble.

How many times preamble was amended? 

The Preamble of the Constitution has been amended only once. The 42nd Constitutional Amendment Act of 1976 added the words socialism and secularism and replaced the phrase 'unity of the country' with 'unity and integrity of the country'. This amendment came into force on 3 January 1977. Indira Gandhi was the Prime Minister and Fakhruddin Ali Ahmed was the President, When the Preamble was amended.

Important Ideas of the Objective Resolution

• India is an independent and sovereign republic.

• India shall be a union of the British Indian territories, the Indian princely states and such other parts of British India as may be deemed to be part of the Union.

• All the territories constituting the Union, except those which are assigned or reserved to the Union, shall be self-governing units and shall exercise all the powers and functions of government and administration.

• All the powers of the independent sovereign India and of the Constitution shall emanate from the people.

• Social, economic and political justice; equality of status and opportunity; equality before the law; and fundamental freedoms of speech, expression, belief, worship, employment, association and action shall be guaranteed and protected to all the people of India, subject to law and public morality.

• Adequate protection shall be given to minorities, backward tribal areas, oppressed and other backward classes.

• The territorial integrity of the Republic and its sovereign rights over land, sea and air shall be maintained in accordance with justice and law.

• This nation shall act completely and impartially for the sake of world peace and the well-being of mankind.