Preamble Of The Indian Constitution

The Preamble to the Constitution of India is a statement of concise values, objectives, and core principles governing the country. The Preamble, adopted on November 26, 1949, is an introduction and an expression of the country's fundamental philosophies. Its opening words, “We, the People of India,” first establish the democratic essence of the Constitution by asserting that its power and authority derive directly from the will of people, emphasising upon the need for popular sovereignty to Indian governance. The framers borrowed their inspiration from the American Constitution that emphasised democratic ideals but made them applicable to India's specific historical and socio-political situations.

What is the Preamble?

The Preamble is an introductory statement in the Constitution that outlines the fundamental values and guiding principles upon which a nation is founded. In the context of the Indian Constitution, the Preamble is often seen as a reflection of the goals and philosophy of the Constitution’s framers. It serves as a compass guiding the interpretation of the Constitution’s provisions and the development of law in India.

In a legal sense, the Preamble embodies the essence of the Constitution by specifying key objectives: justice (social, economic, and political), Liberty (of thought, expression, belief, faith, and worship), equality (of status and opportunity), and fraternity (ensuring the dignity of the individual and unity of the nation). Although the Preamble itself is not enforceable as law, it has been used by the judiciary as an interpretive tool. For instance, in the landmark Kesavananda Bharati v. State of Kerala (1973) case, the Supreme Court held that the Preamble is a part of the Constitution and that it highlights the "basic structure" doctrine, which restricts Parliament's power to amend certain core values of the Constitution.

Thus, the Preamble plays a crucial role in shaping the spirit of constitutional interpretation, helping to ensure that the rights and duties enshrined in the Constitution are applied in line with the vision of India as a sovereign, socialist, secular, and democratic republic.

Structure And Language Of The Preamble

The Preamble is composed in a solemn yet powerful tone, resonating with ideals that the Constitution aims to achieve and sustain. It reads as follows:

“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.”

In light of the hopes and aspirations of India's people as framed by the founders, every word of the Preamble was chosen.The Preamble provides an essential insight into the vision of India as a nation.

Key Terms And Principles In The Preamble

• Sovereign: The term “sovereign” expresses the fact that India has absolute political and legal autonomy and is, therefore, independent to develop any domestic as well as international policies for itself without having any pressures from any external authority.
• Socialist: This term was introduced by the 42nd Amendment of 1976, which means a commitment towards social and economic equality to all citizens. The term includes the objective of the state towards ensuring minimum differences between incomes and wealth distribution to give every citizen fair and equal chances.
• Secular: “Secular” was also incorporated through the 42nd Amendment, symbolising that India is religion- neutral. The government holds all religions with equal reverence and does not favour some and discriminate against others. This principle brings unity in a culturally and religiously diverse society through the right to hold and exercise one's faith freely.
• Democratic: The heart of India's Constitutional framework remains democracy. In this connection, democracy implies not merely a form of government, but also a system in which equal participation, expression of freedom, and accountabilities are the focal points of the system. India functions as a representative democracy in the sense that the people elect the leaders through periodic elections.
• Republic: The word “republic” means that the head of the state is elected and not a hereditary monarch. This doctrine ensures that the highest post in the country is available to every eligible citizen, and its determination is not based on birth or family lineage.

The Objectives: Justice, Liberty, Equality, And Fraternity

Based on these guiding principles, the Preamble outlines four key goals toward which the Constitution strives on behalf of its people:

• Justice: Justice- the word in Preamble encompasses three dimensions namely Social, Economic and Political Justice. Social justice strives for an equitable society free from any discrimination based on caste, religion, sex, or place of birth. Economic justice focuses on income equality and its distribution. Political justice aims toward making equal participation in the procedure of politics, thereby safeguarding the right of democracy for all people.
• Liberty: The Preamble guarantees liberty in several spheres: thought, expression, belief, faith, and worship. This promise of liberty reflects a commitment to individual freedoms, allowing every citizen the right to pursue their beliefs and ideals without fear of coercion, as long as they adhere to the laws and do not harm others.
• Equality: The Constitution seeks the abolition of social hierarchies and strives to share equality of status and opportunities. This would be very important for a society having historically divided lines of rigid structures in societies. Ensuring that equality prevails, the Constitution gives a chance of equal opportunities to every citizen, irrespective of his background, to live life with dignity and have opportunities.
• Fraternity: The concept of fraternity brings to the fore, amongst the citizens, an idea of brotherhood as against individualism and nationalism; thus, fostering in one the national unity as well as integrity. As is a diversified country with ethnicity, language, culture etc, fraternity holds a vital place in the Indian ethos.

Judicial Interpretations Of The Preamble Of The Indian Constitution

In Re: The Berubari Case (1960)

The Court concluded that the preamble to the Constitution is not a source of substantive power for the government or its departments. Though it can be applied to know the general purposes of the provisions of the Constitution it is not part of the Constitution.

The preamble is like a “key to open the mind of the makers”, giving insight into the general aims of the Constitution. It, however, gives no power to the parliament nor does it place any prohibition or restraint. If there is any ambiguity in the language employed in any article of the Constitution, the preamble may be considered to help understand the intended meaning.

I. C. Golaknath & Ors vs. State of Punjab & Ans. (1967)

The Court held that the preamble to the Constitution has no legal force in determining the power of Parliament to make amendments. Though the preamble is considered important as a guide to the intent of the Constitution, the Court clarified that it does not confer any substantive powers, nor does it impose any limitations or prohibitions on such powers.

Kesavananda Bharati Sripadagalvaru & Ors. vs. State of Kerala And Anr. (1973)

The Court held the following regarding the Preamble of the Indian Constitution:

• The Court finally held that the Preamble is a part of the Constitution and can be repealed. It overrules the earlier holding in the Berubari Union case that the Preamble was not a part of the Constitution. The Court noted that the Constituent Assembly specifically debated and voted on the Preamble, adopting a motion that “the Preamble stand part of the Constitution”.
• The Court had held it “unthinkable that the Constitution makers ever conceived of a stage when it would be claimed that even the preamble could be abrogated or wiped out.”
• The Preamble, according to the Court, “constitutes a landmark in India's history and sets out as a matter of historical fact what the people of India resolved to do for moulding their future destiny.”
• The Court recognised that the Preamble “embodied in a solemn form all the ideals and aspirations for which the country had struggled during the British regime and a Constitution was sought to be enacted in accordance with the genius of the Indian people.”
• The Court explained that the Preamble was meant to embody in a very few and well defined words, the key to the understanding of the Constitution.
• The Court noted the following about the role of the Preamble in the interpretation of the Constitution:
  • The Preamble “may have effect either to extend or restrict the language used in the body of an enactment”.
  • If the language of the enactment is capable of more than one meaning then that one is to be preferred which comes nearest to the purpose and scope of the preamble.
  • The Preamble cannot control the unambiguous language of articles of the Constitution.
  • Whenever an article is vague in its meaning, then there is no restriction to resort to the Preamble. The Court can then read the Preamble to understand which construction would fall within the Preamble.

Also Read : Kesavananda Bharati & Ors. vs. State Of Kerala & Anr. (1973)

Indira Nehru Gandhi vs. Shri Raj Narain & Anr. (1975)

In this case, the Court held that the Preamble of the Constitution is a part of the Constitution itself and not mere an introduction. It records the entrustment of legal authority by the people of India to a sovereign democratic republic. This simply means that the Constitution is the document that reflects the act of the Indian people, the political sovereign, conveying legal authority to the three organs of the government for their action on behalf.

The Supreme Court also pointed out that the preamble emphasises the political sovereignty of the people as acknowledged by describing them as the Constitution-makers who were giving the Constitution to themselves. This would, however, not mean that the people have any legal sovereignty of their own because they have not prescribed another direct method for exercising their political power since they divided the sovereign powers among the three organs of the republic.

The Court also established the importance of the Preamble by stating that, if any part of the Constitution deserves greater devotion than other parts, it is certainly the Preamble.

Minerva Mills Ltd. & Ors vs. Union of India & Ors (1980)

In this case, the Court decided that the Preamble to the Constitution gives crucial clues about the basic structure of the Constitution. While recognizing the importance of the Preamble, the Court also reiterated that the specific provisions contained in the main text of the Constitution define the basic structure.

Some of the key findings from the views of the Court on the Preamble are as follows:

• Shelat and Grover, JJ. argued that the Preamble reveals the fundamental principles of the Constitution. They pointed out that Parts III on Fundamental Rights and IV relating to Directive Principles must harmonise and balance each other. This balance reflects a very important part of the 'basic structure' that should not be changed.
• Hegde and Mukherjea, JJ. treated the Constitution as a social document which exhibits two kinds of features- basic and circumstantial. The former are static and the latter changeable. According to them, the Preamble only outlines the broad contours of the basic elements and fundamental features which cannot be abrogated or diminished by Parliament.
• According to Jaganmohan Reddy, J, the Preamble embodies the essential ingredients of the basic structure. He mentioned that justice, freedom of speech and expression, and equality of status and opportunity are the cardinal features. According to him, the power to amend does not confer the power to abolish these vital features and fundamental rights.
• Mathew, J. stated that the Preamble though containing such vital concepts and aspirations it is not the only source of the basic structure. He expressed that democracy, justice, liberty and equality defined their nature particularly through specific provisions found in the main text of the Constitution. These specific provisions thus broaden the concepts enshrined in the Preamble of the Constitution.

The position of the Court highlights the importance of the Preamble as an interpretative guide but also underlines the ultimate authority of specific Constitutional provisions in defining basic structure.

The Preamble As A Living Document

Although the Preamble was amended once in the 42nd Amendment with addition of “socialist”, “secular,” and “integrity”, it remains an inspiring vision for modern India. As a living document, this document keeps changing with the changing needs of the ever evolving society. This aids in signifying that the path followed by India to reach more just, inclusive, and harmonious society has no endpoint. Such eternal values serve not only as the cornerstone of the legal structure but also as a guiding force to the nation.

Conclusion

The Preamble of the Indian Constitution remains the most powerful declaration of the commitment of the nation to the cause of democracy, secularism, social justice, and equality. It is essentially the articulation of the vision of a Sovereign, Socialist, Secular, Democratic Republic, which provides a model for governance and national identity in India. Words in the Preamble are not just ideals but the foundation on which India's legal, political, and social structures move. As India moves further with all the problems that diversity and modernization have caused, it reminds the collective conscience of the nation to work toward justice, liberty, equality, and fraternity for all, thus ensuring a future in tune with the aspirations of the people.