the preamble

introduction

• The term ‘Preamble’ refers to the

introduction or preface to any document.
• In that sense, Preamble to the Constitution
is a brief explanation of the underlying
philosophy and objectives of the
Constitution.
• American Constitution was the first to
begin with a Preamble.
• It was the ‘Objectives resolution’ moved by
Pandit Nehru which reflected in Preamble
of the Indian Constitution.
the preamble
introduction

OBJECTIVES RESOLUTION
• The Objectives Resolution moved by Nehru in 1946
defined the aims of the Constituent Assembly.
• It encapsulated the aspirations and values behind
the Constitution.
• Based on this resolution, our Constitution gave
institutional expression to these fundamental
commitments:
a. Equality,
b. Liberty,
c. Democracy
d. Sovereignty and
e. Cosmopolitan identity.
• Thus, our Constitution is a moral commitment to
establish a government to fulfil the promises given
by the national movement.
the preamble
content

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.
the preamble
content

Preamble contains the following:

a. Source of authority: Derives its authority

from the people of India.

b. Nature of Indian State: Declares India to

be of a sovereign, socialist, secular
democratic and republican polity.

c. Objectives of the Constitution: Specifies

justice, liberty, equality and fraternity as
the objectives.

d. Date of adoption of the Constitution:

Stipulates November 26, 1949 as the
date.
 the preamble
pillars of preamble

1. SOVEREIGN
• The word ‘sovereign’ implies that • In 1949, India declared the continuation
a. India is neither a dependency nor a of its membership of the Commonwealth
dominion of any other nation, but an of Nations and accepted the British Crown
independent state. as the head of the Commonwealth.
b. There is no authority above India and • However, this does not affect India’s
c. It is free to conduct its own internal sovereignty in any manner.
and external affairs. • India’s membership of the United Nations
Organization (UNO) also in no way
constitutes a limitation on her sovereignty
 the preamble
pillars of preamble

• The Indian Parliament is not sovereign also for the

DO WE HAVE PARLIAMENTARY SOVEREIGNTY ? reason that the laws it makes are subject to judicial
• According to some constitutional experts, the review. Whether the laws made by the Parliament are
word ‘people’ in the Preamble means constitutionally compatible or not is decided by the
judiciary.
representatives of the people in the Parliament
• The President of India can veto the decisions of the
and thus implies parliamentary sovereignty in Parliament as has happened a few times–it means
an indirect democracy like ours. In fact, all there are limitations on the powers of the Parliament.
contemporary democracies are necessarily • It shows that the Parliament of India, unlike the British
indirect due to the size and population. Parliament which has no limitations whatsoever, has
• However, the Indian Parliament is not sovereign restricted powers.
• The Supreme Court, by virtue of its powers to uphold
as ours is a federal country where the powers
the Constitution, imposed limitations on the powers of
of the Parliament are restricted and shared with the Parliament to amend the Constitution in the form of
the States. ‘Basic Features’–Keshavananda Bharati case (1973) in
which the Court held that Parliament could amend any
part of the Indian Constitution except the ‘basic
features’.
 the preamble
pillars of preamble

2. SOCIALIST
• The term ‘socialist’ was added by the • Democratic socialism, on the other hand,
42nd Constitutional Amendment Act of holds faith in a ‘mixed economy’ where
1976. both public and private sectors co-exist.
• Indian brand of socialism is ‘democratic • According to Supreme court,
socialism’ with a blend of Marxism and “ Democratic socialism aims to end
Gandhism. poverty, ignorance, disease and inequality
• Communistic socialism involves the of opportunity in the country. ”
nationalization of all means of production • However, the new economic policy (1991)
and distribution and the abolition of of liberalization, privatization and
private property. globalization has diluted the socialist
credentials of the Indian State.
the preamble
pillars of preamble

3. SECULAR
• The term ‘secular’ was added by the 42nd
Constitutional Amendment Act of 1976.
• Constitution-makers wanted to establish such
a state.
• Accordingly, Articles 25 to 28 guaranteeing the
fundamental right to freedom of religion have
been included in the constitution.
• The Indian Constitution embodies the positive
concept of secularism i.e. all religions in the
country (irrespective of their strength) have
same status and support from the state.
• Whereas the western countries follow the
negative concept of secularism where there is
a complete separation of state and religion.
the preamble
pillars of preamble

4. DEMOCRATIC
• The term ‘democratic’ is used in the
Preamble in the broader sense embracing
not only political democracy but also social
and economic democracy.
• Social democracy is a way of life which
recognizes the union of trinity (liberty,
equality and fraternity)
• Liberty cannot be divorced from equality;
equality cannot be divorced from liberty.
Nor can liberty and equality be divorced
from fraternity.
• To divorce one from the other is to defeat
the very purpose of democracy.
the preamble
pillars of preamble
• In the words of Ambedkar, “
a. “Without equality, liberty would produce the
supremacy of the few over the many” and
b. “Equality without liberty, would kill individual
initiative”.
• The Indian Constitution provides for
representative parliamentary democracy.
• Under this, the executive is responsible to the
legislature for all its policies and actions.
• The democratic character is manifested through
a. Universal adult franchise
b. Periodic elections
c. Rule of law
d. Independence of judiciary
e. Absence of discrimination on arbitrary
grounds
the preamble
pillars of preamble

5. REPUBLIC
• A republic means :
a. The vesting of political sovereignty in
the people and not in a single
individual like a king, and
b. The absence of any privileged class
and hence all public offices being
open to every citizen without any
discrimination.
• The term ‘republic’ indicates that India has
an elected head instead of a monarchial
head called the president.
• He is elected indirectly for a fixed period of
five years.
the preamble
pillars of preamble

6. JUSTICE
• The term ‘justice’ in the Preamble
embraces three distinct forms—social,
economic and political, 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, color, race, religion, sex
and so on.
• It means absence of privileges being
extended to any section of the society, and
improvement in the conditions of
backward classes (SCs, STs and OBCs)
and women.
the preamble
pillars of preamble

• Economic justice denotes the non-

discrimination between people on the
basis of economic factors.
• It involves the elimination of glaring
inequalities in wealth, income and
property. 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).
 the preamble
pillars of preamble

7. LIBERTY • The Preamble secures to all citizens of

• The ideals of liberty, equality and fraternity India liberty of
in our Preamble have been taken from the a. thought,
French Revolution (1789–1799). b. expression,
• The term ‘liberty’ means the c. belief,
a. absence of restraints on the activities d. faith and
of individuals, and e. worship,
b. providing opportunities for the • Liberty provided by the constitution is not
development of individual absolute but qualified.
personalities. • It does not mean ‘license’ to do what one
likes rather it has to be enjoyed within the
limitations mentioned in the Constitution.
 the preamble
pillars of preamble

8. EQUALITY • Civic equality is ensured by the following provisions of

Fundamental Rights (Article 14-18):
• The term ‘equality’ means a. Equality before the law,
a. absence of special privileges to any section b. Prohibition of discrimination on grounds of religion,
of the society and race, caste, sex or place of birth,
b. provision of adequate opportunities for all c. Equality of opportunity in matters of public
without any discrimination. employment,
• The Preamble secures to all citizens of India d. Abolition of untouchability,
equality of status and opportunity, in all three e. Abolition of titles.
dimensions of civic, political and economic. • Political equality is achieved through following provisions,
namely
a. No person is to be declared ineligible for inclusion in
electoral rolls on grounds of religion, race, caste or
sex.
b. Elections to the Lok Sabha and the state assemblies
to be on the basis of adult suffrage.
• Economic equality is secured through various provisions
of the Directive Principles of State Policy
the preamble
pillars of preamble

9. FRATERNITY
• Fraternity means a sense of brotherhood.
• The Constitution promotes this feeling of
fraternity by the system of single citizenship.
• Fundamental Duties (Article 51-A) also says
that
a. it shall be the duty of every citizen of India
to promote harmony and the spirit of
common brotherhood amongst all the
people of India transcending religious,
linguistic, regional or sectional diversities.
• The Preamble declares that fraternity has to
assure two things—the dignity of the individual
and the unity and integrity of the nation.
 the preamble
pillars of preamble

10. UNITY AND INTEGRITY OF THE NATION 11. DIGNITY OF THE INDIVIDUAL
• According to K M Munshi, ‘dignity of the individual’
• The word ‘integrity’ has been added to the signifies that the Constitution not only ensures
preamble by the 42nd Constitutional material betterment and maintains a democratic set-
Amendment (1976). up, but also recognizes that the personality of every
• It embraces both the psychological and individual is sacred.
territorial dimensions of national • This is ensured through some provisions of the
integration. Fundamental Rights and Directive Principles of State
Policy.
• The Fundamental Duties (Article 51A) also ensures
the same as
a. it shall be the duty of every citizen of India to
renounce practices derogatory to the dignity of
women.
b. it is the duty of every citizen of India to uphold
and protect the sovereignty, unity and integrity of
India.
 the preamble
important quotes

• According to K.M. Munshi • Justice Hidayatullah observed

‘the Preamble is the ‘horoscope of our “The Preamble is more than a declaration.
sovereign democratic republic’ It is the soul of the Constitution and lays
• According to Pandit Thakur Das Bhargava down the pattern of our political society. It
‘The Preamble is the most precious part of contains a solemn resolve which nothing,
the Constitution. It is the soul of the but a revolution can alter “
Constitution. It is a key to the Constitution. It
is a jewel set in the Constitution. It is a • Grenville Austin says that
proper yardstick with which one can the Indian Constitution is a social
measure the worth of the Constitution’
document.It aims at establishing a better
• Sir Ernest Barker, described the Preamble society on the basis of justice, liberty,
as the ‘key-note’ to the Constitution
equality and fraternity—and the Preamble
• Sir Alladi Krishnaswamy Iyer,, commits the Constitution to a social
“The Preamble to our Constitution expresses revolution. The whole of the Indian
what we had thought or dreamt so long”
Constitution is an elaboration or an
elucidation of the Preamble.
 the preamble
is preamble a part of the constitution ?

- One of the controversies about the - In the Kesavananda Bharati case (1973), the
Preamble is as to whether it is a part of the Supreme Court rejected the earlier opinion
Constitution or not.
and held that Preamble is a part of the
- In the Berubari Union case (1960), the Constitution.
Supreme Court said that the Preamble
shows the general purposes behind the - It observed that the Preamble is of extreme
several provisions of the Constitution, and importance and the Constitution should be
thus a key to the minds of the makers of the read and interpreted in the light of the grand
Constitution.
and noble vision expressed in the Preamble.
- Further, where the terms used in any article
are ambiguous or capable of more than one
meaning, some assistance at interpretation - In the LIC of India case (1995) also, the
may be taken from the objectives enshrined Supreme Court again held that the Preamble
in the Preamble. is an integral part of the Constitution.
- Despite this recognition of the significance
of the Preamble, the Supreme Court
specifically opined that the Preamble is NOT
a part of the constitution.
 the preamble
is preamble a part of the constitution ?

- Like any other part of the Constitution, the - Hence, the current opinion held by the
Preamble was also enacted by the Supreme Court that the Preamble is a part of
Constitution Assembly, but, after the rest of the Constitution, is in consonance with the
the Constitution was already enacted. opinion of the founding fathers of the
- The reason for inserting the Preamble at the Constitution.
end was to ensure that it was in conformity - However, two things should be noted:
with the Constitution as adopted by the
1. The Preamble is neither a source of power to
Constituent Assembly.
legislature nor a prohibition upon the powers
- While forwarding the Preamble for votes, the of the legislature.
President of the Constituent Assembly said,
2. It is non-justiciable, that is, its provisions are
“The question is that Preamble stands part
not enforceable in courts of law.
of the Constituent Assembly”.
The motion was then adopted.