The American Constitution was notable for being the first to include a Preamble, a practice later adopted by several other nations, including India. A Preamble serves as an introduction to a constitution, summarizing its core principles. N.A. Palkhivala, a distinguished jurist, termed the Preamble as the “identity card of the Constitution.”
The Indian Constitution’s Preamble is derived from the “Objectives Resolution” proposed by Pandit Nehru and accepted by the Constituent Assembly. The 42nd Amendment Act of 1976 updated it by adding three terms: Socialist, Secular, and Integrity.
Preamble Text:
“We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure for all its citizens:
JUSTICE, Social, Economic and Political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and 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.”
- Source of Constitution’s Authority: The Constitution’s authority stems from the people of India.
- Nature of the State: It defines India as a sovereign, socialist, secular, democratic, and republic entity.
- Constitutional Objectives: Outlines the goals of justice, liberty, equality, and fraternity.
- Adoption Date: Specifies November 26, 1949, as the adoption date.
Key Terminologies:
- Sovereign:
The term ‘sovereign’ signifies that India is an independent nation, neither a dependency nor a dominion of any other country. It has no higher authority and is free to manage its internal and external affairs. Despite India continuing its full membership in the Commonwealth of Nations in 1949 and acknowledging the British Crown as the head of the Commonwealth, this declaration is extra-constitutional and does not compromise India’s sovereignty. Similarly, India’s involvement in the United Nations Organization does not restrict its sovereignty in any way. As a sovereign nation, India possesses the ability to acquire or cede territory to foreign states as it deems appropriate.
- Socialist:
Originally present implicitly, the term became explicit in 1976, emphasizing a mixed economy and democratic socialism, which balances public and private sectors and opposes communistic state socialism.
Prior to the inclusion of the term ‘socialist’ in the 42nd Amendment in 1976, the Constitution already embodied socialist principles through specific Directive Principles of State Policy. This indicates that aspects of socialism were previously implicit in the document but have since been made explicit. Furthermore, the Indian National Congress passed a resolution during its Avadi session in 1955, committing to the establishment of a “socialistic pattern of society” and implemented supportive measures.
It is important to highlight that India’s approach to socialism is characterized as ‘democratic socialism’ rather than ‘communistic socialism’ (often referred to as ‘state socialism’), which advocates for the nationalization of all production and distribution means and the elimination of private property. In contrast, democratic socialism supports a ‘mixed economy’ where both public and private sectors coexist. As stated by the Supreme Court, “democratic socialism aims to eradicate poverty, ignorance, disease, and inequality of opportunity.” The Indian model of socialism is a synthesis of Marxism and Gandhism, with a strong inclination towards Gandhian principles.
However, the Economic Policy introduced in 1991, which emphasized liberalization, privatization, and globalization, has led to a diminishing of the socialist tenets of the Indian State.
- Secular:
Also added in 1976, indicating equal status and support for all religions by the state, though the secular concept was inherently part of the Constitution through Articles 25-28, guaranteeing the fundamental right to freedom of religion have been included in the constitution. The Indian Constitution embodies the positive concept of secularism ie, all religions in our country (irrespective of their strength) have the same status and support from the state.
- Democratic:
Reflects popular sovereignty where all citizens exercise supreme power, emphasizing a representative parliamentary system based on universal adult suffrage, periodic elections, rule of law, and non-discrimination, encompassing not just political but also social and economic democracy.
As outlined in the Preamble, a democratic polity is founded on the principle of popular sovereignty, meaning that ultimate authority rests with the people. Democracy can be categorized into two forms: direct and indirect. In direct democracy, citizens exercise their power directly, as seen in Switzerland, utilizing mechanisms such as Referendum, Initiative, Recall, and Plebiscite. Conversely, in indirect democracy, representatives elected by the populace wield supreme authority, governing and legislating on their behalf. This form, commonly referred to as representative democracy, can be further divided into parliamentary and presidential systems.
The Indian Constitution establishes a representative parliamentary democracy, in which the executive branch is accountable to the legislature for its policies and actions. Key elements demonstrating the democratic nature of India include universal adult suffrage, regular elections, adherence to the rule of law, judicial independence, and the absence of discrimination based on specific criteria.
In the Preamble, the term ‘democratic’ is employed in a comprehensive manner, encompassing not only political democracy but also social and economic dimensions. Dr. B.R. Ambedkar emphasized this point in his closing speech at the Constituent Assembly on November 25, 1949, stating that the sustainability of political democracy relies on the foundation of social democracy. He defined social democracy as a lifestyle that acknowledges liberty, equality, and fraternity, underscoring that these principles must be interconnected; to disconnect them is to undermine the essence of democracy. He argued that without equality, liberty might lead to the dominance of a few over the majority, and equality without liberty would stifle individual initiative.
In a related observation, the Supreme Court noted in 1997 that the Constitution aims to create an egalitarian social order that provides every citizen with social, economic, and political justice within the framework of social and economic democracy of the Bharat Republic.
- Republic:
Signifies an elected head of state, with the president serving a fixed term, emphasizing public sovereignty and equal access to public offices without hereditary privileges.
- Justice:
Encompasses social, economic, and political dimensions achieved through Fundamental Rights and Directive Principles, with the ideal derived from the Russian Revolution.
In the Preamble, the term ‘justice’ encompasses three distinct forms: social, economic, and political, which are safeguarded through various provisions within the Fundamental Rights and Directive Principles.
Social justice refers to the equitable treatment of all citizens, free from any discrimination based on caste, color, race, religion, sex, and similar factors. It emphasizes the removal of privileges granted to any specific societal group and aims to enhance the conditions of marginalized communities, including Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), and women.
Economic justice focuses on ensuring non-discrimination among individuals with respect to economic conditions. It seeks to eradicate significant disparities in wealth, income, and property ownership. The intersection of social and economic justice gives rise to what is termed ‘distributive justice.’
Political justice asserts that all citizens are entitled to equal political rights, equal opportunities for accessing political positions, and an equal voice in governance.
The concept of justice—social, economic, and political—draws inspiration from the ideals that emerged during the Russian Revolution of 1917.
- Liberty:
Secures individual freedoms of thought, expression, belief, faith, and worship through Fundamental Rights, ensuring personal growth within constitutional limits, inspired by the French Revolution.
The term ‘liberty’ signifies the absence of constraints on individual actions while simultaneously facilitating opportunities for personal development. The Preamble guarantees all citizens of India the liberty of thought, expression, belief, faith, and worship through Fundamental Rights, which can be enforced in a court of law if infringed upon.
Liberty, as articulated in the Preamble, is vital for the effective functioning of India’s democratic framework. However, it is important to note that liberty does not equate to a license for unrestricted behaviour; it must be exercised within the boundaries established by the Constitution. In summary, the liberty outlined in the Preamble and Fundamental Rights is not absolute but rather conditioned by certain limitations.
The principles of liberty, equality, and fraternity reflected in the Preamble are inspired by the ideals of the French Revolution, which occurred between 1789 and 1799.
- Equality:
Eliminates societal privileges and fosters equal opportunities and status, embedded in Article 14-18 of Fundamental Rights and supported by Directive Principles ensuring political and economic parity.
The term ‘equality’ signifies the absence of special privileges for any segment of society and the assurance of sufficient opportunities for all individuals without discrimination. The Preamble guarantees all citizens of India equality of status and opportunity, encompassing three key dimensions: civic, political, and economic.
Several provisions in the chapter on Fundamental Rights uphold civic equality, including:
(a) Equality before the law (Article 14).
(b) Prohibition of discrimination based on religion, race, caste, sex, or place of birth (Article 15).
(c) Equality of opportunity in public employment (Article 16).
(d) Abolition of untouchability (Article 17).
(e) Abolition of titles (Article 18).
To promote political equality, the Constitution includes two important provisions: First, no individual may be declared ineligible to be included in electoral rolls based on religion, race, caste, or sex (Article 325). Second, elections for the Lok Sabha and state assemblies are conducted on the basis of adult suffrage (Article 326).
Furthermore, the Directive Principles of State Policy (Article 39) ensure that both men and women have equal rights to a sufficient means of livelihood and to equal pay for equal work.
- Fraternity:
Fraternity embodies a sense of brotherhood among individuals. The Constitution fosters this spirit of fraternity through a framework of single citizenship, ensuring that all citizens are united. Additionally, the Fundamental Duties enshrined in Article 51-A mandate that every citizen of India promote harmony and a sense of common brotherhood among all people, transcending differences in religion, language, region, or community.
The Preamble asserts that fraternity guarantees two essential aspects: the dignity of each individual and the unity and integrity of the nation. The term ‘integrity’ was introduced to the Preamble by the 42nd Constitutional Amendment in 1976.
K.M. Munshi, a member of the Drafting Committee of the Constituent Assembly, explained that the phrase ‘dignity of the individual’ signifies the Constitution’s commitment not only to ensuring material welfare and maintaining a democratic framework but also recognizing the sanctity of each person’s identity. This principle is underscored in various provisions of the Fundamental Rights and Directive Principles, which aim to uphold individual dignity. Moreover, the Fundamental Duties (Article 51-A) emphasize the responsibility of every citizen to reject practices that undermine the dignity of women, while also obligating citizens to uphold and safeguard the sovereignty, unity, and integrity of India.
The expression ‘unity and integrity of the nation’ encompasses both psychological and territorial aspects of national integration. Article 1 of the Constitution characterizes India as a ‘Union of States,’ clarifying that no state has the right to secede from the Union, thereby underscoring the indivisible nature of the Indian Union. This framework seeks to address challenges to national integration, including communalism, regionalism, casteism, linguism, and secessionism.
The Preamble encapsulates the foundational philosophy and core values—political, moral, and religious—that underpin the Constitution. It reflects the grand vision of the Constituent Assembly and embodies the dreams and aspirations of the Constitution’s architects. Sir Alladi Krishnaswami Iyer, a prominent member of the Constituent Assembly, noted that “The Preamble to our Constitution expresses what we had thought or dreamt for so long.” K.M. Munshi, also a member of the Drafting Committee, described the Preamble as the “horoscope of our sovereign democratic republic.”
Pandit Thakur Das Bhargava, another Constituent Assembly member, highlighted the Preamble’s significance by stating, “The Preamble is the most precious part of the Constitution. It is the soul of the Constitution. It serves as a key to the Constitution and is a jewel set within it. It provides an appropriate measure for evaluating the Constitution’s worth.”
Sir Ernest Barker, a distinguished British political scientist, praised the authors of the Preamble for their political insight, referring to it as the “key-note” of the Constitution. He was so inspired by the text that he quoted it at the beginning of his notable work, “Principles of Social and Political Theory” (1951).
M.Hidayatullah, a former Chief Justice of India, remarked that the Preamble is akin to the Declaration of Independence of the United States but serves a greater purpose. He asserted that it is the soul of the Constitution, shaping the framework of our political society and encapsulating a solemn resolve that could only be altered by a revolution.
A significant debate surrounds the question of whether the Preamble constitutes a part of the Constitution. In the Berubari Union case (1960), the Supreme Court indicated that the Preamble outlines the general intentions behind the Constitution’s provisions, offering insight into the framers’ intentions. The Court also stated that when the language of any Article is ambiguous or open to multiple interpretations, the objectives expressed in the Preamble can assist in interpretation. However, the Supreme Court maintained that the Preamble does not form part of the Constitution.
The stance changed in the Kesavananda Bharati case (1973), where the Supreme Court overruled its earlier decision and affirmed that the Preamble is indeed a component of the Constitution. The Court emphasized its critical importance, asserting that the Constitution must be interpreted in light of the noble vision articulated in the Preamble. In subsequent judgments, such as the LIC of India case (1995), the Supreme Court again reinforced that the Preamble is an integral part of the Constitution.
Although the Preamble, like the other components of the Constitution, was enacted by the Constituent Assembly, it was added after the rest of the Constitution was already completed. This was done to ensure its alignment with the adopted Constitution. When presenting the Preamble for a vote, the President of the Constituent Assembly stated, “The question is that the Preamble stands as part of the Constitution.” This motion was subsequently adopted, aligning the current Supreme Court interpretation with the views of the Constitution’s founding fathers.
It is essential to note two key points:
- The Preamble does not serve as a source of legislative power nor does it impose restrictions on legislative authority.
- The Preamble is non-justiciable, meaning its provisions cannot be enforced in a court of law.
The question of whether the Preamble can be amended under Article 368 of the Constitution was first addressed in the landmark Kesavananda Bharati case (1973). The petitioners argued that the Preamble could not be amended as it was not considered part of the Constitution. They contended that the amending power under Article 368 should not be employed to undermine or damage the Constitution’s fundamental elements, which are reflected in the Preamble.
The Supreme Court, however, held that the Preamble is indeed part of the Constitution. It revisited its earlier position from the Berubari Union case (1960) and concluded that the Preamble could be amended, provided that no alterations affect the “basic features” of the Constitution. This means that the core elements and fundamental aspects enshrined in the Preamble cannot be changed through an amendment under Article 368.
The Preamble has been amended only once, in 1976, through the 42nd Constitutional Amendment Act, which introduced the terms “Socialist,” “Secular,” and “Integrity” to the text. The validity of this amendment was upheld by the Court.
