1. INTRO- A preamble is an introductory statement in a document that explains the document’s philosophy and objectives.

In a Constitution, it presents the intention of its framers, the history behind its creation, and the core values and principles of the nation.

The preamble basically gives idea of the following things/objects:

Source of the Constitution -Nature of Indian State-Statement of its objectives-Date of its adoption-History of the Preamble to Indian
Constitution-The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by
the Constituent Assembly on January 22, 1947.-Although not enforceable in court, the Preamble states the objectives of the Constitution, and
acts as an aid during the interpretation of Articles when language is found ambiguous.

Components of Preamble

It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India.

Preamble declares India to be a sovereign, socialist, secular and democratic republic.

The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and
integrity of the nation.

The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.

ADOPTED HOW/BY/WHEN- The Preamble to the Constitution of India was adopted by the Constituent Assembly on November 26, 1949, and
came into effect on January 26, 1950, which is Republic Day of India. The Preamble is based on Jawaharlal Nehru's Objectives Resolution,
which was moved in the Constituent Assembly on December 13, 1946 and accepted on January 22, 1947. V. K. Krishna Menon initially drafted
the Preamble, but Nehru and Menon later decided not to include the words "socialist" or "secular". Indira Gandhi later amended the text
during the Indian emergency to add these words, along with "integrity". The Preamble was debated in the Constituent Assembly on October
17, 1949, and was adopted as presented by the Drafting Committee with a vote of 41 in favor and 68 against.

ADOPTED WHY- The Preamble of India indicates where the constitution comes from. The clauses of the Preamble dictate the constitution to
be enforced appropriately. It establishes the rights and freedom of all the citizens of the people of India. The Preamble defines the direction of
and purpose of the constitution.

2. 4 INGREDIENTS OF PREAMBLE
A) Objectives of the system or nation

In the Preamble, the objectives of the political system have been further clarified. There are four such objectives to maintain the unity and
integrity of the nation– justice, liberty, equality, and fraternity.

Justice denotes the balanced accommodation of sole conduct with the concept of the public good. It stands for the rule of law, a system of
equally distributed rights, the absence of any arbitrary decision, and free and equal chances for all in society.

Liberty stands for the freedom to do legitimate things for Indians; it implies that there shall not be any unreasonable restriction on nationals
about the general things they do. It does not mean unreasonable freedom either; liberty must be exercised within the constitutional limits.

Equality comes in handy with liberty; they are complementary. Equally, it implies that special privilege to anyone is not acceptable; it signifies
equality of status. Fraternity refers to the sense of belonging within the country with its citizens, a spirit of sisterhood and brotherhood.

B) Nature of the government or political system

The Preamble of the Constitution declares the nature of India to be a ‘Sovereign, Socialist, Secular, and Democratic Republic’. The terms
‘Socialist’ and ‘Secular’ were added in the Preamble after the 42nd Amendment. Here, Sovereign implies that the state is neither dominion
nor a dependency on any other state but an independent nation; it deals with its affairs (internal and external) solely.

‘Socialist’ means that our nation believes in an economy that is a mixture of public and private sectors. ‘Secular’ means that a nation
shouldn’t have any specific religion; all religions shall get equal respect and authority within the state. Democratic is a comprehensive term
that depicts that the Indian Constitution is established from the will of citizens through a free election.

In the context of a republican form, the head of the state is always chosen for a certain period. With a decision to be a Republic, India has
opted for electing its citizens as its President, who is considered the head of the state.

C) The source of authority

The beginning of the Preamble states that “We, the people of India, adopt, enact, and give to ourselves…,” which implies that the source of
our Constitution is the citizens, ie, the people of India. This implication arises from whether the country’s people are represented in the
assembly.
The situation under which the Constitutional Assembly was formed is proof that in 1946, it wasn’t practically possible to form a body with the
right to vote in elections, and no part of the assembly had any experience of that. So, it was only wise not to hold the task of framing the
Constitution because enabling the right to vote in the entire country would have taken several more years. However, the citizens being the
source of the Constitution, they hold power to elect their representatives now.

D) Date of adoption and enactment

As the source of authority is mentioned at the beginning of the Preamble, the date of adoption has been given at last as “this 26th day of
November 1949…” The Preamble was enacted on 26th January 1950 after the adoption was made earlier. The proposal was made to enact
the Constitution on the same day it was adopted, but it was rejected.

The Preamble is the soul of the Constitution. It is like a jewel in the Constitution. It basically contains the socio-political, moral, and other
values that are supposed to be promoted through the Constitution. It consists of the spirit of the Constitution, the urge of the Indians to be
united in a general task of forming up a new and independent nation, which will confirm the triumph of justice, liberty, equality and
fraternity.

It outlines the essentials of the Constitution, which was to be formed by the Constituent Assembly, and thus, laid down what is called “the
horoscope of our Sovereign Democratic Republic.” The Preamble is a vital part of the Constitution, as one can understand the Constitution
through it.

3. KEYWORDS IN PREAMBLE
We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty means the independent authority of
the State, not being subject to the control of any other State or external power.
Sovereign
1. This term signifies that India is a sovereign state; that is neither a dependent nor a dominion of another country.
2. India may either acquire foreign land or transfer a portion of its territory to a foreign state because it is a sovereign state.
3. Individuals have the sole ability to make decisions concerning both internal and external situations.
4. No foreign force has the authority to impose its will on the Government of India.
5. It denotes that India is a sovereign country, not a colony or a relying party.
Socialism
1. Socialism is a socio-economic system in which everyone in a society has an equal say in creating, distributing, and trading resources.
2. This sort of ownership is possible under a democratic form of government.
3. A cooperative system has also been used to denote socialism, in which each member of society owns a piece of communal resources.
Secularism
1. The word refers to the Indian Government’s treatment of all religions as equal in terms of respect, protection, and assistance.
2. The 42nd Constitutional Amendment, enacted in 1976, included it in the Preamble.
3. Before being included in the Constitution’s Preamble, the word secular occurred in one place, Article 25 (2)(a).
4. A state will equally defend all religions, but it will not be based on religion.
Democratic
1. The word signifies that India’s Constitution has a well-established shape based on the people’s will expressed via elections.
2. The Indian Constitution established a representative parliamentary democracy, in which the executive is responsible for all policies
and acts to the legislature.
3. The term “democratic” is used in the Preamble broadly, referring to political and socio-economic democracy.
Republic
1. The word denotes that the general public chooses the state’s leader. The elected head of state in India is the President of India.
2. For a definite tenure of five years, the President of India is indirectly elected. A republic also entails two additional characteristics:
first, the people’s political authority is vested in them rather than in a single individual, such as a king; and second, there is no
favoured class. Therefore, all public posts are accessible to all citizens without discrimination.
Justice
1. In the interest of social justice, discrimination based on birth, caste, colour, sex, or religion should be eradicated.
2. All people should have equal access to public appointment opportunities to achieve this goal.
3. The government must work for all people’s common good.
4. The notion of a welfare state in the Directive Principles is the personification of instructions for achieving the social fairness
envisioned in the Preamble
#SOCIAL JUSTICE- Social justice is the fair and equitable distribution of opportunities, rights, resources, and privileges in society,
regardless of differences in beliefs, behavior, or physical traits. It also involves treating all people fairly, including respecting the rights
of minorities
 #ECONOMIC JUSTICE- Economic justice is a set of principles that aim to create equal economic opportunities for everyone in society,
regardless of factors like race, age, or gender. The goal is to establish a foundation that allows people to live creative, dignified, and
productive lives. Economic justice is a component of social justice, which focuses on creating equal opportunities for all people in all
aspects of society
#POLITICAL JUSTICE- Political justice refers to equal political rights to be enjoyed by all the citizens of country where every citizen
has right to elect the representatives as ell as the right to be elected as representatives .

Equality
1. If rights aren’t shared equitably by all members of society, they’re useless.
2. It is necessary to promote social and economic equality for everyone to benefit from these rights.
3. Fundamental Rights restrict the state from discriminating against citizens based on caste, race, gender, or religion.
4. Among other things, all citizens now have access to public areas, titles of honour have been prohibited, and untouchability has been
abolished.

# 3 DIMENSIONS OF EQUALITY-
ECONOMIC EQUALITY:-Equity, or economic equality, is the concept or idea of fairness in economics, particularly in regard to taxation
or welfare economics.

SOCIAL EQUALITY:-Social equality is a state of affairs in which all individuals within a specific society have equal rights, liberties, and
status, possibly including civil rights, freedom of expression, autonomy, and equal access to certain public goods and social services.

POLITICAL EQUALITY:-Political equality means granting equal citizenship to all members of the state. equal citizenship provides
certain basic rights such as right to vote, freedom of expression, movement and association and freedom of belief to everybody.

Liberty
1. For a free and civilised existence, democracy is inextricably linked to the concept of liberty; all community members must have some
fundamental/basic rights.
2. Freedom of expression, belief, faith, worship, and thought define basic rights in the Preamble.
3. This freedom is explicitly protected in the chapter on Fundamental Rights, with some limitations; after all, if democracy is to thrive,
liberty must not descend into licence.
Fraternity
1. Relates to the inhabitants’ sense of brotherhood and sisterhood and their sense of belonging to the country.
2. The Preamble states that fraternity must protect: human dignity and national unity and integrity.
3. The 42nd Amendment to the constitution adds “integrity” to the Preamble (1976)

4. SIGNIFICANCE OF THE PREAMBLE-

The Preamble of the Indian Constitution is important because it provides direction and purpose to the Constitution, outlines its objectives,
and establishes its authority:

 Introduces the Constitution

The Preamble serves as an introduction to the Constitution and helps people understand its legislative intent and policy.

 Sets out guiding principles

The Preamble establishes the Constitution's guiding purpose and principles, including its ideals and objectives. It also states that the
Constitution's authority comes from the people.

 Proclaims India's identity

The Preamble proclaims India as a sovereign, socialist, secular, and democratic republic. It also states objectives for the country, such as
justice, liberty, and equality for all citizens.

 Promotes unity

The Preamble emphasizes unity and integrity, and aims to promote fraternity to maintain the country's unity.

 Guides interpretation
The Preamble acts as a lodestar for judges, helping them ensure that the Constitution continues to fulfill its intended purpose, even in the
face of changing times and challenges.

 The Constitution’s Preamble defines the document’s fundamental ideas and philosophy, and the policy aims and objectives that the
Constitution’s founding authors strived for

 In several decisions, the Supreme Court of India has stressed the relevance and value of the Preamble

 It incorporates all of the beliefs and aspirations for which the country struggled throughout the British Regime

 The Constitution’s objective is to bring justice, liberty, equality, and fraternity to its citizens

 It is a type of statute primer, and it helps figure out the policy and legislative purposes

 It communicates ‘for a long time what we had been contemplating or dreaming about’

 The Constitution’s source is identified as the people of India

 The enacting provision, which brings the Constitution into force, is included

 The Preamble is essential to any reading of the Constitution

 The Preamble begins the Constitution

 The Preamble has shaped India’s fate

 The enacting clause, which puts the Constitution into effect, is also found in the Preamble

 It declares the enormous rights and liberties that Indian citizens have as citizens of this country

 It establishes the fundamental rights that the Indian people wished to protect for all citizens and the foundational type of governance
and politics

 It assists the Supreme Court in deciding whether a specific law or piece of legislation is in accordance with the Constitution

# BASIC PHILOSOPHY & FUNDAMENTAL VALUES

1. Sovereignty and Power:
The preamble may emphasize the source of power and authority within the constitution. It can assert the sovereignty of the people,
highlighting that the government derives its power from the consent of the governed.

2. Social Contract:
The preamble may reflect the concept of a social contract, which implies an agreement between the people and the government. It
can express the idea that the government exists to protect the rights and promote the welfare of its citizens.

3. Equality and Justice:

The preamble may emphasize principles of equality, justice, and fairness. It can advocate for the establishment of a society where all
individuals are treated equally under the law and have access to justice.

4. Liberty and Freedom:

The preamble may underscore the importance of individual liberties and freedoms. It can express a commitment to protecting and
preserving the rights of citizens, such as freedom of speech, religion, and expression.

5. Democracy and Participation:

The preamble may highlight the value of democratic principles and citizen participation. It can emphasize the importance of popular
sovereignty, representative government, and the right of citizens to participate in the political process.

6. National Identity and Objectives:

The preamble may articulate the core values, aspirations, and objectives of the nation.
In the Preamble to the Constitution of India, "solemnly resolved" means the people of India have resolved to establish India as a
"Sovereign Socialist Secular Democratic Republic" and to secure the objectives set out in the Preamble. The Preamble begins with the
words, "We, the people of India, having solemnly resolved to constitute India into a...". The Preamble also states that the people of India
have resolved to secure justice, liberty, equality, and fraternity for all citizens

5. PREAMBLE AS A PART OF THE CONSTITUTION

A) CONTROVERSIES REGARDING IT AND REASON BEHIND THEM
#/ Debate over the Words Socialist and Secular in Constitution

Recently, some of the Members of the Lok Sabha have claimed that the words “Socialist” and “Secular” were omitted in the New Copies of
the Preamble of the Constitution of India.

 These two words were originally not a part of the Preamble. They were added by The Constitution (42nd Amendment) Act,
1976 during the Emergency imposed by then Prime Minister Indira Gandhi.

What is the Preamble of the Indian Constitution?

 About:
o Every Constitution has a philosophy. The philosophy underlying the Constitution of India was summed up in the Objectives
Resolution, which was adopted by the Constituent Assembly on 22nd January, 1947.
o The Preamble of the Constitution puts in words the ideal contained in the Objectives Resolution.
o It serves as an introduction to the Constitution, and contains its basic principles and goals.
 The Preamble of the Constitution that Commenced in 1950 read:
o “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN 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 of the Nation;
o IN OUR CONSTITUENT ASSEMBLY this 26th day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES
THIS CONSTITUTION.”
 Insertion of the words Socialist and Secular:
o The words "Socialist" and "Secular" were added to the Preamble through the Constitution (42nd Amendment) Act, 1976,
during the period of Emergency under Prime Minister Indira Gandhi's government.
o The insertion of "socialist" aimed to emphasize socialism as a goal and philosophy of the Indian state, with a focus on
eradicating poverty and adopting a unique form of socialism that involved nationalization only in specific sectors where
necessary.
o The inclusion of "secular" reinforced the idea of a secular state, treating all religions equally, maintaining neutrality, and
not endorsing any particular religion as a state religion.
What is the Debate Over Removing Socialist and Secular Words from the Preamble?
 Political Ideology and Representation:
o Those advocating for the removal argue that the words "socialist" and "secular" were inserted during the Emergency in
1976.
o They believe this was an imposition of a particular political ideology and goes against the principles of representation and
democratic decision-making.
 Original Intent and Constitution's Philosophy:
o Critics argue that the original Preamble, as adopted in 1950, didn't include these words. They emphasize that
the Constitution's philosophy already encompassed the ideas of justice, equality, liberty, and fraternity without explicitly
mentioning socialism and secularism.
o They argue that these values were always implicit in the Constitution.
 Concerns of Misinterpretation:
o Some critics express concerns that the words "socialist" and "secular" might be misinterpreted or misused,
potentially leading to policies and actions that deviate from their original intent.
o They argue for a more neutral and flexible approach in the Preamble.
 Social Implications:
o The presence or absence of these words can have implications for public policy, governance, and societal discourse.
 o The term "secular" is particularly significant in a country with a diverse religious population, and its removal might raise
concerns about the state's commitment to religious neutrality.
Way Forward
 Foster a well-informed and inclusive public discourse on the implications of these terms in the Preamble. This should
involve academia, civil society, political parties, and citizens to understand various perspectives and concerns.
 Facilitate a structured debate within constitutional bodies, such as Parliament, to deliberate on the significance, interpretation, and
historical context of the words "socialist" and "secular" in the Preamble. Encourage thorough discussions to analyze the implications
of any potential amendment.
 Establish an independent committee of constitutional experts, legal scholars, historians, and sociologists to study the historical
context, constitutional philosophy, and legal implications of the words "socialist" and "secular" in the Preamble. Their findings can
provide valuable insights.

# ROLE OF PREAMBLE IN INTERPRETTING THE CONSTITUTION

The preamble to the Constitution of India is useful for constitutional interpretation because it provides insight into the Constitution's
philosophy, objectives, and values:
 Philosophy
The preamble embodies the Constitution's core values, including democratic government, justice, freedom, and equality. It also reflects the
dreams and aspirations of the Constitution's founding fathers.
 Objectives
The preamble lays out the main objectives that the Constitution aims to achieve, including socio-economic goals. It also establishes the rights
and freedoms of all citizens.
 Values
The preamble expresses the Constitution's political, moral, and religious values.

# POWERS OF PREAMBLE
The Supreme Court of India originally stated in the Berubari case presidential reference that the preamble is not an
integral part of the Indian constitution, and therefore it is not enforceable in a court of law.
The Preamble to the Indian Constitution does not grant substantive rights or have legal effect independently of other parts of the
Constitution. However, it does play an important role in interpreting the Constitution's legislation and clauses, and can be considered part of
the Constitution's introduction. The Preamble outlines the Constitution's main objectives, ideals, and socioeconomic goals, and provides
direction and purpose to the document. It also helps to understand the legislative intent and policy.

Components of Preamble
 It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India.
 Preamble declares India to be a sovereign, socialist, secular and democratic republic.
 The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity
and integrity of the nation.
 The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.
Status of Preamble
 The preamble being part of the Constitution is discussed several times in the Supreme Court. It can be understood by reading the
following two cases.
o Berubari Case: It was used as a reference under Article 143(1) of the Constitution which was on the implementation of the
Indo-Pakistan Agreement related to the Berubari Union and in exchanging the enclaves which were decided for
consideration by the bench consisting of eight judges.
o Through the Berubari case, the Court stated that ‘Preamble is the key to open the mind of the makers’ but it can not be
considered as part of the Constitution. Therefore it is not enforceable in a court of law.
 Kesavananda Bharati Case: In this case, for the first time, a bench of 13 judges was assembled to hear a writ petition. The Court held
that:
o The Preamble of the Constitution will now be considered as part of the Constitution.
o The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the
interpretation of statutes and provisions of the Constitution.
o So, it can be concluded that preamble is part of the introductory part of the Constitution.
 In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once again held that Preamble is the integral part
of the Constitution but is not directly enforceable in a court of justice in India.
Fact:
 Article 394 of the Constitution states that Articles 5, 6, 7, 8, 9, 60, 324, 367, 379 and 394 came into force since the adoption of the
Constitution on 26th November 1949 and the rest of the provisions on 26th January 1950.
 The concept of Liberty, Equality, and Fraternity in our Preamble was adopted from the French Motto of the French Revolution
6. Amendablity of the Preamble
Amendment of the Preamble
 42nd Amendment Act, 1976: After the judgment of the Kesavanand Bharati case, it was accepted that the preamble is part of the
Constitution.
o As a part of the Constitution, preamble can be amended under Article 368 of the Constitution, but the basic structure of the
preamble can not be amended.
o As of now, the preamble is only amended once through the 42nd Amendment Act, 1976.
 The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42nd Amendment Act, 1976.
o ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’.
o ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.
o
With the intention of preserving the original ideals envisioned by the constitution-makers, the apex court pronounced that Parliament could
not distort, damage or alter the basic features of the Constitution under the pretext of amending it. The phrase 'basic structure' itself cannot
be found in the Constitution.