Preamble to the Constitution of India

Preamble of Indian Constitution

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.

Preamble of Indian Constitution

preamble meaning

• 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, called the Preamble as the “identity card of the Constitution“.
• It also called “Political Horoscope of Indian Constitution” by K. M. Munshi and “Soul of the Constitution” by Thakurdas Bhargav.

preamble meaning

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Preamble of Indian Constitution

Components of Preamble to the Constitution of India

• Source of authority of the Constitution
  • “We the people of India” – The ultimate sovereignty, and authority of the people of India.
• Nature of Indian State
• Objectives of the Constitution
• Date of adoption of the Constitution

preamble meaning

Preamble of Indian Constitution

Nature of Indian State

Sovereign

• The word ‘sovereign’ implies that India is neither a dependency nor a dominion of any other nation, but an independent state.

• India’s membership of the United Nations Organization (UNO) or Commonwealth also in no way constitutes a limitation on her sovereignty.
• Being a sovereign state, India can acquire a foreign territory or cede a part of its territory in favor of a foreign state.

Preamble of Indian Constitution

Socialist

• The term was added by the 42nd Amendment in 1976.
• The Constitution had a socialist content in Directive Principles of State Policy before 1976 as well.
• Congress party adopted a resolution to establish a ‘socialistic pattern of society’ in its Avadi session in 1955.
• Indian brand of socialism is a ‘democratic socialism’ and not a ‘communistic socialism’.
• Supreme Court says, ‘Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity.
• Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards Gandhian socialism.
• The new economic policy (1991) of liberalization, privatization, and globalization has diluted the socialist credentials of the Indian State.

preamble meaning

Secular

• The term ‘secular’ was added by the 42nd Constitutional Amendment Act of 1976.
• Supreme Court said in 1974 that, the words ‘secular state’ were not mentioned in the Constitution, but there can be no doubt that Constitution-makers wanted to establish such a state.
• Articles 25 to 28 of the constitution prove that.
• Unlike Western countries, secularism in India does not separate religion and state.
• The Constitution of India has allowed interference of the state in religious affairs.
• The code of law is unequal and varies with religion, on matters of marriage, divorce, inheritance, and alimony.
• The Constitution of India permits partial financial support to religious schools, buildings, and infrastructure by the state.

preamble meaning

Democratic

• Democracy is of two types
  • Direct
  • Indirect 
• In direct democracy, the people exercise their supreme power directly as is the case in Switzerland.
• There are four devices of direct democracy
  • Referendum
  • Initiative
  • Recall
  • Plebiscite
• In indirect democracy, representatives elected by the people exercise the supreme power.
• They carry on the government and make the laws.
• This type of democracy, is also known as representative democracy.
• It is of two kinds
  • Parliamentary
  • Presidential
• Universal 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 mean
  • Political democracy
  • Social democracy
  • Economic democracy
• Dr. Ambedkar said in his concluding speech in the Constituent Assembly on Nov 25, 1949 “Political democracy cannot last unless there lies at the base of it social democracy”.
• Social democracy means a way of life that recognizes liberty, equality, and fraternity.

preamble meaning

Republic

• A democratic polity can be classified into two categories – monarchy and republic.
• In a monarchy, the head of the state (king or queen) enjoys a hereditary position, that is, he comes into office through succession, Ex – Britain.
• In a republic, the head of the state is always elected directly or indirectly for a fixed period.
• 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 5 years.
• A republic also means 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 hence all public offices are opened to every citizen without any discrimination.

preamble meaning

preamble meaning

Objectives of the Constitution of India

Justice

• The term ‘justice’ in the Preamble embraces 3 forms
  • Social
  • Economic
  • Political

• It is 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.
• Economic justice denotes the non-discrimination between people on the basis of economic factors.
• 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).

Liberty

• ‘Liberty’ means the absence of restraints on the activities of individuals.
• It also provides opportunities for the development of individual personalities.
• The preamble secures to all citizens of India, the liberty of
  • Thought
  • Expression
  • Belief
  • Faith
  • Worship
• It is provided by Fundamental Rights, enforceable in court of law, in case of violation.
• Liberty does not mean a ‘licence’ to do what one likes.
• It has to be enjoyed within the limitations mentioned in the Constitution itself.
• Liberty conceived by the Preamble or fundamental rights is not absolute but qualified.
• Ideas of liberty, equality, and fraternity in our Preamble have been taken from the French Revolution (1789–1799).

Equality

• ‘Equality’ means the absence of special privileges to any section of society.
• It provides adequate opportunities to all individuals without any discrimination.
• There are 3 dimensions of equality
  • Civic
  • Political
  • Economic
• Fundamental Rights ensure civic equality.
• There are two provisions for 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 adult suffrage (Article 326).
• 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.

Fraternity

• Fraternity means a sense of brotherhood.
• The Constitution promotes this feeling of fraternity by the system of single citizenship.
• Fundamental Duties say that it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood.

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Preamble as Part of the Constitution of India

• In the Berubari Union case (1960), the Supreme Court said that the Preamble is not a part of the Constitution of India.
• SC rejected the earlier opinion in the Kesavananda Bharati case (1973),  and held that the Preamble is a part of the Constitution of India.
• In the LIC of India case (1995) also, the Supreme Court again held that the Preamble is an integral part of the Constitution.
• 2 things should be noted
  • The Preamble is neither a source of power to the legislature nor a prohibition upon the powers of legislature.
  • It is non-justiciable, that is, its provisions are not enforceable in courts of law.

Note

• The preamble page, along with other pages of the original Constitution of India, was designed and decorated solely by renowned painter Beohar Rammanohar Sinha of Jabalpur.

• India became part of UNO in 1945

• Democracy – Demos (people) and Kratia (rule) – Greek word

Video Lecture

• Explained in Hindi – Preamble
• Explained in English – Preamble
• Explained in Bengali – Preamble

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