The Preamble of the Indian Constitution is the introductory statement
that embodies the spirit, philosophy and objectives of the constitutional
framework. It is not merely ornamental, but a declaration of the resolve
of the people of India to constitute the nation into a sovereign, socialist,
secular, democratic republic and to secure justice, liberty, equality and
fraternity. Described by the Supreme Court as the “identity card of the
Constitution,” the Preamble reflects the collective aspirations of the
people and acts as a guiding light in constitutional interpretation.
The historical origins of the Preamble lie in the Objectives Resolution
moved by Jawaharlal Nehru in the Constituent Assembly on 13
December 1946. This resolution proclaimed India to be an independent
sovereign republic, declared that all power would derive from the people,
and committed to guaranteeing justice, equality, liberty, and safeguards
for minorities. When the Drafting Committee took up this resolution,
certain changes were introduced: the word “Independent” was replaced
with “Democratic,” as independence was already implied in sovereignty,
and the word “Fraternity” was added to emphasize the need for goodwill
and unity in a diverse society. The phrase “We, the People of India” was
borrowed in spirit from the American Constitution, highlighting the
principle that the Constitution derives its authority from the people and
not from any external source.
The drafting of the Preamble was not without controversy. A major
debate arose over whether India, as a republic, could continue to be part
of the British Commonwealth. Dr. B.R. Ambedkar even suggested
replacing “Republic” with “States” to avoid conflict. Eventually, at the
London Conference of 1949, it was agreed that India could remain in the
Commonwealth as a sovereign republic, recognizing the British monarch
only as a symbolic head of free association. This arrangement allowed
India to assert full sovereignty while continuing its international ties.
The Preamble sets out four cardinal objectives. Justice, in its social,
economic and political dimensions, signifies a break from traditional
caste-based hierarchies and economic exploitation. The framers
envisaged the state as an instrument to secure equality of opportunities
and to uplift disadvantaged groups. Equality of status and opportunity
requires eliminating historical discrimination and ensuring equal
educational and social facilities for all, particularly women and
marginalized communities. Liberty of thought, expression, belief, faith
and worship reflects the democratic essence of the Constitution,
ensuring space for individual freedom and dignity. Finally, fraternity
assures the dignity of the individual and the unity and integrity of the
nation, reminding that democracy is not simply the rule of the majority
but also the practice of tolerance, compromise, and protection of
minorities. These ideals together represent the philosophy of India’s
democratic social revolution, balancing liberty with social transformation.
In terms of constitutional significance, the Preamble is not a source of
substantive power; rather, it operates as a guiding principle. It aids in
resolving ambiguities in interpretation and sets the framework within
which the Constitution is to be read. It encapsulates the philosophy of
popular sovereignty, national unity, and social justice, making it the soul
of the Constitution.
The judiciary has played a central role in determining the status of the
Preamble. In the Berubari Union case (1960), the Supreme Court held
that the Preamble is not part of the Constitution and cannot confer
powers. However, this view was overturned in the landmark
Kesavananda Bharati v. State of Kerala (1973), where a thirteen-judge
bench held that the Preamble is indeed part of the Constitution. The
Court further laid down that the ideals in the Preamble form part of the
“basic structure,” which cannot be amended even by Parliament. In
Indira Nehru Gandhi v. Raj Narain (1975), the Court relied on the
democratic ideals of the Preamble to strike down a constitutional
amendment clause affecting election disputes. In Minerva Mills (1980),
the Court reaffirmed the harmony between Fundamental Rights and
Directive Principles, drawing upon the goals of justice, liberty and
equality in the Preamble. Later, in S.R. Bommai v. Union of India (1994),
secularism was identified as a basic feature of the Constitution flowing
directly from the Preamble. In I.R. Coelho v. State of Tamil Nadu (2007),
the Court reiterated that laws placed even in the Ninth Schedule remain
subject to the basic structure doctrine rooted in the Preamble.
Thus, judicial interpretation has elevated the Preamble from a symbolic
declaration to a substantive constitutional compass. Today, its position is
firmly settled: the Preamble is part of the Constitution, it is not
enforceable by itself, but it provides the guiding spirit and the basic
structure that no authority can destroy.
In conclusion, the Preamble to the Indian Constitution is far more than
an introduction; it is the heart and soul of the constitutional scheme. It
encapsulates the ideals of the freedom struggle, the vision of the
framers, and the enduring values of Indian democracy. By proclaiming
the resolve of “We, the People of India,” it establishes the people as the
true sovereigns and commits the state to the pursuit of justice, liberty,
equality, and fraternity. Judicial interpretation has transformed it into a
binding framework, ensuring that India’s constitutional journey remains
faithful to its foundational promises.
