Preamble of Indian Constitution

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 26th day of November 1949, do
HEREBY ADOPT, ENACT, and GIVE TO OURSELVES THIS
CONSTITUTION
What is Preamble – An Introduction?
• The Preamble to the Indian Constitution is more than just an
introduction; it is the guiding philosophy of the world's longest
written constitution, foundational to India's governance since January
26, 1950. It embodies the profound vision of the Constituent
Assembly and serves as an interpretative key for all constitutional
provisions.
• Constitution of India reflects a symbol of unity in diversity, uniquely
crafted by the makers of the constitution to protect the interest of
every person and community.
• As said by Dr. B.R. Ambedkar , “Constitution is not a mere lawyers
document, it is vehicle of life and its spirit is always the spirit of age”
Key Terms of Preamble
Sovereignty
The starting word of the preamble of the constitution ie. “we the
people of India” makes it clear that the ultimate sovereign rest with the
people of India and the government . The word also connotes complete
political freedom, a country free from all the external forces and a will
of its own.
Socialism
The word ‘socialist’’ implies that it envisions a socio-economic system
where there is an equitable distribution of wealth, resources, and
opportunities, aiming to reduce economic inequalities among citizens
Key Terms of Preamble
Secular
The word ‘secular’ emphasizes the principle of religious neutrality and
the separation of religion from the affairs of the state.
The Indian Constitution embodies the positive concept of secularism,
which means all religions in our country, irrespective of their strength,
have the same status and support from the state.
Democratic
The word ‘democratic’ emphasizes the establishment of a government
that is accountable to the people and operates based on the consent of
the governed.
We The People – Source of Authority
• The Indian Constitution provides for a representative parliamentary democracy
under which the executive is responsible to the legislature for all its policies and
actions.
• Universal voting rights for all adults, periodic elections, the supremacy of law,
independence of the judiciary, and the absence of discrimination based on
certain attributes are signs of the democratic nature of India’s political system.
• Popular Sovereignty : The ultimate power resides with the citizens of India, a
direct contrast to colonial rule.
• Democratic Framework : Establishes a governance system built on the will of
the people, for the people.
• Citizen-Centric Rule : Signifies a fundamental shift from subjects to empowered,
rights-bearing citizens.
Republic
• The term “republic” signifies a form of government where the head of
state is elected by the people or their representatives, rather than
being hereditary or appointed based on lineage.
• It reflects the rejection of monarchy and the establishment of a
political system based on democratic principles, where the authority
of the government is derived from the consent of the governed
Liberty
The term ‘liberty’ means the absence of restraints on the activities of
individuals, along with providing opportunities for individual growth
and development.
The Preamble seeks to secure for all citizens the fundamental rights of
liberty of thought, expression, belief, faith, and worship, which are
enforceable in a court of law.
Equality
The term ‘equality’ means the absence of special privileges for any
section of society and the provision of adequate opportunities for all
individuals without any discrimination.
The Preamble secures for all citizens of India equality of status and
opportunity
• Civic Equality – The Fundamental Rights under the Right to Equality
(Article 14-18) seek to ensure civil equality.
• Political Equality – The two provisions of the Constitution related to
elections, as mentioned in Article 325 and Article 326, seek to ensure
political equality.
• Economic Equality – The Directive Principles of State Policy, as
mentioned in Article 39, directs the state to secure men’s and
women’s equal rights to an adequate means of livelihood along with
equal pay for equal work. This seeks to ensure economic equality.
Fraternity
• The Preamble declares that fraternity has to assure two things—the
dignity of the individual and the unity and integrity of the nation.
• The phrase ‘dignity of the individual’ signifies that the Constitution
ensures material betterment and recognizes every person’s sacred
individuality.
Justice
The term ‘justice’ signifies the commitment of the Indian state to
ensure social, economic, and political justice for all its citizens
• Social justice – It refers to the equal treatment of all citizens
regardless of social distinctions like caste, color, race, religion, gender,
etc. It means the absence of privileges for any particular group in
society and improving conditions of Backward Classes (SCs, STs, and
OBCs) and Women.
• Economic justice – It denotes non-discrimination between people
based on economic factors. It also involves the elimination of
inequalities in income, wealth, and property.
• Political justice – It implies that all citizens should have equal political
rights, equal access to all political offices, and equal voice in the
government.
42nd Constitutional Amendment Act
• The Preamble was amended only once in 1976.
• Which added three new words – socialist, secular and integrity – to
the existing Preamble.
• The amendment, which was made based on the recommendations of
the Sardar Swaran Singh Committee.
• ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and
‘Democratic’.
• ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the
Nation’.
The Berubari Union and Exchange of
Enclaves(1960)
• The Berubari Union Case was a legal dispute between India and
Pakistan, focusing on the ownership of the Berubari region in West
Bengal’s Jalpaiguri district. The case emerged after a boundary
commission awarded Berubari to India.
• Boundary dispute between India and Pakistan arose; to resolve these
boundary disputes, Indian Prime minister Shri Jawaharlal Nehru and
Prime minister of Pakistan Mr. Feroze Khan Noon signed an
agreement in 1958.
• Nehru-Noon Agreement clearly stated that the territory of Berubari
will be equally distributed between India and Pakistan.
Power to amend Article 3 through Parliament
to implement the agreement

• It has been established in Berubari Union case that the Agreement involves
ceding a part of India’s territory to Pakistan. Consequently, its
implementation naturally necessitates altering the content and amending
Article 1 and the relevant portion of the First Schedule to the Constitution.
• Such implementation would result in the reduction of India’s territory. Such
an amendment can be carried out under Article 368. This position is not
disputed and has not been challenged. Therefore, it follows that, by acting
under Article 368, Parliament can enact legislation to give effect to and
implement the Agreement, which covers the cession of a part of Berubari
Union No. 12, as well as certain Cooch-Bihar Enclaves exchanged with
Pakistan.
• Parliament may also, if it chooses to do so, pass a law amending
Article 3 of the Constitution to encompass cases of ceding territory of
India to a foreign State as held in Berubari Case. If such a law is
enacted, Parliament would be competent to make legislation under
the amended Article 3 to implement the Agreement in question. On
the other hand, if the required legislation is passed under Article 368
itself, that alone would suffice to implement the Agreement.
Discussion On Preamble
The Supreme Court’s Judgment also mentioned that preamble of the
Constitution serves as the guide to open the mind of the makers.
However the preamble of Indian Constitution is not the source of all
the powers given to the Indian Government by Constitution of India.
It Confirmed that preamble is not part of Indian Constitution, but is an
important guide to its interpretation.
And established that Indian parliament has the power to amend the
constitution.