The Preamble to the Indian Constitution
The Preamble to the Indian Constitution seems, at first glance, poetic and almost a kind of solemn pledge. But closer examination shows that it is more than ceremonial. It is the heart and guiding spirit of the Constitution, reflecting and guiding the essential aspiration and imagination of our supreme political document.
A tone that the makers of the Constitution aspire India to be – just, equal and inclusive – which is the sort of society India seeks to be. It is a brief enunciation of the ideals which may enable the people of India to share the responsibility of free play of our own destiny as a resounding manifesto in terms of the aspirations that determine the rationale of the legal and political edifice of the country and expressing that the people of India have resolved to constitute India into a sovereign, socialist, secular, democratic republic to secure justice, liberty, equality, and fraternity for all its citizens.
Historical Origin and Purpose
The concept of a Preamble in a constitutional text is derived from the Constitution of the United States. The Indian Preamble has borrowed its roots from the Objectives Resolution moved by Jawaharlal Nehru on 13 December 1946, which was adopted by the Constituent Assembly on 22 January 1947.
The Preamble was included in the Constitution when it was adopted on 26 November 1949, and came into force on 26 January 1950.[1] It spells out the power-source of the Constitution: “We, the People of India”, emphasizing the principle of popular sovereignty. This proclamation is an overt separation from the colonial empire and confirms that the State of India was established on the power of the people.
Nature of the Indian State
The Preamble designates India a “sovereign socialist secular democratic republic” — expressions which, in essence, define the Indian State and its purpose.
Sovereign
India is an independent country, and is free to govern itself and make its own choices in internal and external affairs. It is not subject to any external authority. Though India is battered by the winds of globalization, it enjoys complete freedom to maintain its national involvement in its policies.[2]
Socialist
This word was added by the 42nd Constitutional Amendment Act of 1976. However, most of socialism was already in the Constitution through the Directive Principles of State Policy (DPSPs). India practices democratic socialism, which gives the state a concrete role in economic development, reducing inequality, ensuring fair distribution of resources, and promoting welfare for all citizens.
Secular
In India, secularism is the principle of treating all religions equally before the state. Unlike the Western model that imposes a rigid divide between religion and state, India permits principled state interference in religion for the sake of equality and reform. Articles 25–28 provide for every individual’s right to profess, practice, and propagate religion.
Democratic
India is governed by the people and their rights. Representatives are elected by the citizens through universal adult franchise, as covered by Article 326. The public will always hold the government accountable.
Republic
India is presided over by a head of state who is elected, not a hereditary monarch. This strengthens the concept of equal rights, ensuring that all public offices are open to every citizen based on merit, not privilege.
Aspirational Goals
Justice (social, economic and political)
Social justice seeks to prevent caste, religion, sex or place of birth becoming the basis of discrimination. In economic justice, resources are not concentrated and wealth and opportunity are equally shared by all. Political justice means equality in politics waged through democratic right and institutions.
Liberty (of thought, expression, belief, faith and worship)
This is the core of all free societies and is enshrined in Article 19, and Articles 25 to 28, which guarantee the right to free speech, freedom of religion and conscience, among other fundamental rights. Nevertheless, even the freedom is not unfettered and is curtailed or restricted under reasonable terms, for maintaining public order, decency, morality and the authority of the state.
Equality (of status and opportunity)
Equality before law and equal protection of the laws is assured by Article 14 while Article 15 and 16 prohibits discrimination and promise of equal opportunity in public employment. This is also followed by positive acts such as reservation for socially and educationally backward classes.
Fraternity (assuring the dignity of the individual and the unity and integrity of the nation)
Fraternity promises a sense of common brotherhood among citizens and transcends barriers of religion, region, language, and caste. As stated in Article 51A(e), the objective of fraternity is also linked to national integration and individual dignity. It is the responsibility of every citizen to foster the spirit of common brotherhood and harmony.
Judicial Interpretation and Constitutional Status
- Berubari Union Case (1960): Supreme Court held that the Preamble is not a part of the Constitution and is not a source of substantive powers.
- Kesavananda Bharati v. State of Kerala (1973): Rejected the Berubari view. Held that the Preamble is part of the Constitution and has high precedential value in interpreting provisions. The Basic Structure Doctrine was introduced, which includes the concept that the Preamble ideals are not amendable.
- LIC v. Union of India (1995): Court held that the Preamble is a part of the Constitution, but its provisions can’t be enforced in a court of law.
Conclusion
The Preamble is not just a symbolic introduction in the Indian Constitution. It encapsulates the foundational vision of the makers and framers of the Constitution and the fundamental principles of the Indian polity. While not binding in courts, it is nevertheless a significant interpretive tool for ascertaining the constitutional purpose. As India’s democracy evolves, the Preamble remains a constant reminder of the country’s promises to itself—of justice, liberty, equality and fraternity.
References
- Drishti IAS, Preamble to the Indian Constitution, https://www.drishtiias.com/to-the-points/Paper2/preamble-to-the-indian-constitution
- Next IAS, Preamble Indian Constitution meaning, historical background, components significance and more, https://www.nextias.com/blog/preamble-to-the-indian-constitution/
- Constitution of India, Preamble, https://www.constitutionofindia.net/articles/preamble/
- Re: The Berubari Union and Exchange of Enclaves Reference Under Article 143(1) of The Constitution of India AIR 1960 SC 845
- Kesavananda Bharati v. State of Kerala AIR 1973 SC 1461
- LIC of India and Ors. vs. Consumer Education and Research Center and Ors. (10.05.1995 – SC): MANU/SC/0772/1995
