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PREAMBLE OF THE INDIAN CONSTITUTION
Introduction
The American Constitution was the first to begin with a Preamble; many
countries including India followed this practice.
The term “Preamble” means Introduction / Preface to the Constitution.
It is regarded as the key to the mind of the Constitution-makers.
N A Palkhivala described the Preamble as the “Identity Card of the
Constitution”.
The Preamble is based on the Objectives Resolution.
It has been amended only once by the 42nd Constitutional Amendment
Act, 1976.
The 42nd CAA, 1976 added three words → Socialist, Secular, Integrity
(ISS).
Text of the Preamble (Present Form)
Begins with “We, THE PEOPLE OF INDIA”.
Declares India as a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC,
REPUBLIC.
Ends with “IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
November, 1949”.
Constitution was ADOPTED, ENACTED AND GIVEN TO OURSELVES on 26
November 1949.
Components of the Preamble
Source of Authority → People of India
Nature of the Indian State → Sovereign, Socialist, Secular, Democratic,
Republic
Objectives → Justice, Liberty, Equality, Fraternity
Date of Adoption → 26 November 1949
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KEY WORDS IN THE PREAMBLE :
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Implies India is independent, neither a dependency nor a dominion.
No authority above India; free in internal and external affairs.
India can acquire foreign territory or cede part of its territory.
Sovereignty flows as:
o People → Constitution → State
Indian sovereignty is Popular Sovereignty.
Popular sovereignty operationalised through Universal Adult Suffrage (Article
326).
Sovereignty and Commonwealth Membership
Commonwealth membership implies acceptance of British Crown suzerainty.
This led to a debate on incompatibility with sovereignty.
Jawaharlal Nehru clarified:
o Joining the Commonwealth was a sovereign decision of India.
o It was an expression of goodwill and friendly relations.
o India retained the right to continue or withdraw at its discretion.
o Decision to remain or exit lies solely with India, free from external
influence.
Sovereign: Is It Defendable Today?
Debate exists that sovereignty is diluted in the era of Globalization (G).
Globalization increases mutual interdependence among nations.
Emergence of regional groupings:
o ASEAN
o European Union
o QUAD
o BRICS
These promote the idea of Shared Sovereignty.
HOWEVER:
o Sovereignty is more relevant to protect national interest.
o Constitution prescribes sovereignty as a value to be inculcated in
individuals.
o Individual sovereignty → freedom to make personal choices.
Threats to individual sovereignty:
o Corporate Colonialism
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o Corporate Imperialism
o Paid news
Media’s role questioned for engineering public opinion instead of enabling
informed choice.
This undermines Freedom of Expression.
THEREFORE:
o Sovereignty must be actively defended.
o State must:
Protect Fundamental Rights
Ensure Transparency
Enforce Public Accountability on public and private bodies.
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The word “Socialist” was added by the 42nd AA, 1976.
Even before 1976, socialism existed through DPSPs (Article 38).
Indian socialism is Democratic Socialism, not Communistic / State Socialism.
State Socialism:
o Nationalisation of all means of production
o Abolition of private property
Democratic Socialism:
o Faith in Mixed Economy
o Public and Private sectors coexist
Supreme Court view:
o Democratic socialism aims to end poverty, ignorance, disease, inequality
of opportunity.
Indian socialism is a blend of:
o Marxism
o Gandhism (with a tilt towards Gandhian Socialism)
‘Socialist’: Has It Become Redundant?
Argument arose post 1992 Liberalisation.
New Economic Policy emphasised:
o Free Market
o Minimum Government, Maximum Governance
Increased role of:
o Private sector
o Market forces
Government role reduced to:
o Regulation
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o Fair competition
o Preventing cartelisation
Concept known as Rollback of the State.
PSUs:
o Granted more autonomy
o Expected to make profits
o Budgetary support withdrawn
o Monopoly removed
HOWEVER, these views are not acceptable under the Constitution:
o Socialism is not state-centric, but value-centric.
o It is a social moral aimed at justice-based social order.
o Focus is on Right to Access, not ownership by the State.
LPG (Liberalisation, Privatisation, Globalisation):
o Enhances private role
o Does not eliminate the State
o State continues regulation and welfare responsibility
Mixed economy permits private participation.
Objective:
o Better services
o Value for money
o Efficient use of state resources
Conclusion:
o “Socialist” remains relevant
o Meaning intact
o No need for re-definition
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Word “Secular” added by 42nd AA, 1976.
Spirit of secularism existed since inception.
Preamble guarantees liberty of:
o Thought
o Expression
o Belief
o Faith
o Worship
The term “Secular State” was not expressly mentioned originally.
Secularism: Western View
Secularism = freedom to manage religious affairs.
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Encyclopaedia Britannica:
o Defines secularism as non-spiritual, sometimes opposed to religion.
This is a negative concept.
Religion and secularism are not hostile, but mutually exclusive.
Secularism means state neutrality, not opposition to religion.
Indian Secularism: A Progressive Concept
Western model not suitable for India.
Indian model ensures:
o No discrimination on religious grounds
o No state patronage to any religion
State shall:
o Not establish
o Not patronize
o Not endow any religion
Religion irrelevant in state affairs.
Indian Constitution follows Positive Secularism.
Articles 25–28 guarantee Freedom of Religion.
Core values:
o Freedom
o Equality
o Tolerance
No wall of separation between State and Religion.
State is Non-Partisan:
o Not theistic
o Not theocratic
o Not atheistic
o An Irreligious State
Religious freedom subject to reasonable restrictions to ensure equality.
Guarantees Freedom of Conscience:
o Right to believe
o Right to not believe
o Right to be agnostic or atheistic
State regulates man–man relations, not man–God relations.
Supreme Court:
o Held Right to Conscience as absolute
o State must maintain equidistance from all religions
o Any privilege to one religion must be equally available to all
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Democratic polity, mentioned in the Preamble
Based on doctrine of POPULAR SOVEREIGNTY, supreme power vested in people
Democracy, two types → Direct, Indirect
Direct Democracy
Direct democracy, people exercise power directly
Devices include Referendum, Initiative, Recall, Plebiscite
Indirect Democracy
Indirect democracy, power exercised through elected representatives
Also called Representative Democracy
Two forms → Parliamentary, Presidential
Indian Constitution, provides Representative Parliamentary Democracy
Executive, responsible to Legislature
Term ‘Democratic’, used in wider sense
Includes Political, Social, Economic Democracy
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Democratic polity, classified as Monarchy or Republic
Monarchy, head of state hereditary, example Britain
Republic, head of state elected directly or indirectly
Examples include India, USA
Term ‘Republic’, indicates Elected Head of State
President, elected head
Ultimate power, vested in people
Republic also implies:
o Political sovereignty, rests with people
o Absence of privileged class
o Equal access to public offices, no discrimination
IS ‘REPUBLIC’ REDUNDANT IN INDIA?
Criticism, President elected indirectly
Election by Union and State Legislatures
View claims term ‘Republic’ is redundant
Not acceptable, constitution injects republican character
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Republican Features
Electoral College, includes elected MLAs
Special formula, vote value calculation for MLAs and MPs
Proportional Representation, system of election
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Justice, harmonious reconcilement of individual conduct with social welfare
Preamble provides Social, Economic, Political Justice
Secured through Fundamental Rights and Directive Principles
Social Justice
Social justice, equal treatment without social discrimination
No distinction based on caste, colour, race, religion, sex
Absence of privileges
Improvement of SCs, STs, OBCs, women
Supreme Court on Social Justice
Social justice, cornerstone of social democracy
Complementary to equality
Rule of law, instrument of social justice
Aims at equality of results
Dynamic and continuous process
Removes handicaps and disabilities
Secures dignity of person
Justice, genus
Social justice, species
Elevates poor, weak, dalits, tribals, deprived
Economic Justice
Economic justice, non-discrimination on economic basis
Elimination of inequalities in wealth, income, property
Social + economic justice = Distributive Justice
Basis of Welfare State
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Political Justice
Political justice, equal political rights
Equal access to political offices
Equal voice in government
Achieved through Universal Adult Franchise
Evolution of Universal Adult Franchise
Before independence, only 13% had voting rights
Motilal Nehru Report (1928), advocated unlimited adult franchise
Dr. B.R. Ambedkar, testified before Simon Commission
INC Karachi Session (1931), demanded political equality
November 1947, preparation of first electoral roll
Constitution adopted, 1949
Enacted, 26 November 1950
Principle of Universal Adult Suffrage, implemented
Source of Justice
Ideal of Social, Economic, Political Justice
Taken from Russian Revolution (1917)
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Liberty, absence of restraints
Enables development of individual personality
Liberty linked with Equality and Fraternity
Liberty without equality → supremacy of few
Equality without liberty → kills initiative
Without fraternity, liberty and equality ineffective
Preamble guarantees liberty of:
o Thought
o Expression
o Belief
o Faith
o Worship
Enforced through Fundamental Rights
Liberty not equal to license
Liberty is qualified, not absolute
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Source of Liberty
Ideals of Liberty, Equality, Fraternity
Taken from French Revolution (1789–1799)
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Equality, absence of special privileges
Equal opportunities without discrimination
Preamble secures equality of:
o Status
o Opportunity
Dimensions include Civic, Political, Economic Equality
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Fraternity, sense of brotherhood
Promoted by Single Citizenship
Article 51-A, Fundamental Duties
Duty to promote harmony
Transcends religious, linguistic, regional, sectional diversities
Ensures:
o Dignity of individual
o Unity and Integrity of nation
Word ‘Integrity’, added by 42nd CAA (1976)
SIGNIFICANCE OF THE PREAMBLE
Indicates source of authority
Contains enacting clause
Declares aims and aspirations
Explains objectives and purposes
Contains philosophy of Constitution
Declares rights and freedoms
Aids constitutional interpretation
Relevant during ambiguity or conflict
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JUDICIAL INTERPRETATION OF PREAMBLE :
Berubari Union Case (1960)
Preamble reveals general purposes
Acts as key to minds of framers
Used for interpretation during ambiguity
Has legal effect when read with Constitution
Not an independent part
SC held Preamble not part of Constitution
Kesavananda Bharati Case (1973)
SC reversed Berubari view
Held Preamble is part of Constitution
Constitution must be interpreted in light of Preamble
Two clarifications:
o Not a source of power
o Non-justiciable
LIC of India Case (1995)
SC reaffirmed
Preamble is integral part of Constitution
AMENABILITY OF THE PREAMBLE
Question arose in Kesavananda Bharati (1973)
SC held Preamble can be amended
Condition → Basic Structure not violated
Preamble amended only once
42nd Constitutional Amendment Act (1976)
Added words → Socialist, Secular, Integrity
Amendment held valid
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