Detailed Notes: Chapter 5 - Preamble of the Constitution
1. Introduction to the Preamble
● Origin of the Concept: The American Constitution was the first to begin with a Preamble, a practice that
India and many other countries followed.
● Definition: The term 'Preamble' refers to the introduction or preface to the Constitution. It contains the
summary or essence of the entire Constitution.
● "Identity Card": N.A. Palkhivala, an eminent jurist, famously called the Preamble the 'identity card of the
Constitution.'
● Basis: The Preamble to the Indian Constitution is based on the 'Objectives Resolution,' which was drafted
and moved by Pandit Jawaharlal Nehru and subsequently adopted by the Constituent Assembly.
● Amendment: The Preamble has been amended only once, by the 42nd Constitutional Amendment Act
of 1976. This amendment added three new words: Socialist, Secular, and Integrity.
2. Text of the Preamble
The Preamble in its present form reads:
"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."
3. Four Key Ingredients of the Preamble
The Preamble reveals four fundamental components of the Constitution:
1. Source of Authority: It states that the Constitution derives its authority from the people of India.
2. Nature of the Indian State: It declares India to be a Sovereign, Socialist, Secular, Democratic, and
Republican polity.
3. Objectives of the Constitution: It specifies Justice, Liberty, Equality, and Fraternity as its core
objectives.
4. Date of Adoption: It stipulates November 26, 1949, as the date the Constitution was adopted.
4. Key Words in the Preamble Explained
● Sovereign:
○ Meaning: India is an independent state, neither a dependency nor a dominion of any other nation.
○ Power: It is free to conduct its own affairs, both internal and external, with no authority above it.
○ International Memberships: India's membership in the Commonwealth or the United Nations
Organisation (UNO) does not limit its sovereignty.
○ Territory: As a sovereign state, India can acquire a foreign territory or cede a part of its territory to
a foreign state.
● Socialist:
○ Addition: The term was added by the 42nd Amendment in 1976. However, the socialist content
was already implicit in the Constitution through certain Directive Principles of State Policy.
○ Brand of Socialism: India follows 'democratic socialism,' not 'communistic socialism.'
○ Democratic Socialism: It holds faith in a 'mixed economy,' where both the public and private
sectors coexist. Its aim is to end poverty, ignorance, disease, and inequality of opportunity.
○ Ideological Blend: Indian socialism is seen as a blend of Marxism and Gandhism, with a strong
leaning towards Gandhian socialism.
● Secular:
○ Addition: This term was also added by the 42nd Amendment in 1976. The Supreme Court in 1974
had already observed that the concept was implicit in the Constitution, particularly in Articles 25 to
28 (Right to Freedom of Religion).
○ Positive Concept of Secularism: The Indian Constitution embodies a positive concept where all
religions in the country, irrespective of their strength, have the same status and receive equal
support from the state. India has no official state religion.
● Democratic:
○ Basis: The Indian democratic polity is based on the doctrine of popular sovereignty, where
supreme power is possessed by the people.
○ Type of Democracy: India follows indirect democracy, specifically a representative
parliamentary democracy. The executive is responsible to the legislature for all its policies and
actions.
○ Broader Sense: The term 'democratic' in the Preamble includes not just political democracy but
also social and economic democracy. Dr. Ambedkar stressed that political democracy cannot
last without social democracy, which recognizes liberty, equality, and fraternity as a "union of trinity."
● Republic:
○ Meaning: In a republic, the head of the state is always elected, either directly or indirectly, for a
fixed period. This is in contrast to a monarchy, where the head of state holds a hereditary position.
○ Indian Context: India has an elected head of state, the President, who is elected indirectly for a
fixed term of five years.
○ Other Implications: A republic also means that political sovereignty vests in the people, and there
is an absence of any privileged class, with all public offices being open to every citizen.
● Justice:
○ Three Forms: The Preamble embraces three forms of justice: social, economic, and political.
○ Social Justice: Equal treatment of all citizens without any social distinction based on caste, colour,
race, religion, sex, etc.
○ Economic Justice: Non-discrimination between people on the basis of economic factors and the
elimination of glaring inequalities in wealth, income, and property.
○ Political Justice: All citizens should have equal political rights, equal access to all political offices,
and an equal voice in the government.
○ Source of Ideal: The ideal of justice (social, economic, and political) was taken from the Russian
Revolution (1917).
● Liberty:
○ Meaning: The absence of restraints on the activities of individuals, while also providing
opportunities for the development of individual personalities.
○ Scope: The Preamble secures liberty of thought, expression, belief, faith, and worship, which are
enforceable through the Fundamental Rights.
○ Nature: The liberty conceived by the Preamble is not absolute but qualified. It must be enjoyed
within the limitations mentioned in the Constitution itself.
○ Source of Ideal: The ideals of liberty, equality, and fraternity were taken from the French
Revolution (1789-1799).
● Equality:
○ Meaning: The absence of special privileges for any section of society and the provision of
adequate opportunities for all individuals without discrimination.
○ Dimensions: The Preamble secures equality of status and opportunity. This embraces three
dimensions: civic, political, and economic.
1. Civic Equality: Ensured by Fundamental Rights like Article 14 (Equality before law),
Article 15 (Prohibition of discrimination), and Article 16 (Equality of opportunity in public
employment).
2. Political Equality: Ensured by provisions like Article 325 (no person ineligible for electoral
rolls on grounds of religion, race, etc.) and Article 326 (adult suffrage).
3. Economic Equality: Ensured by Directive Principles like Article 39 (equal right to
livelihood and equal pay for equal work).
● Fraternity:
○ Meaning: A sense of brotherhood, promoted by the system of single citizenship.
○ Two Assurances: The Preamble declares that fraternity must assure two things:
1. The dignity of the individual.
2. The unity and integrity of the nation. (The word 'integrity' was added by the 42nd
Amendment).
○ Dignity of the Individual: Signifies that the personality of every individual is sacred.
○ Unity and Integrity: Embraces both psychological and territorial dimensions of national integration.
Article 1 describes India as a 'Union of States' to make it clear that states have no right to secede.
5. Significance of the Preamble
● It embodies the basic philosophy and fundamental values—political, moral, and religious—on which the
Constitution is based.
● It contains the grand and noble vision of the Constituent Assembly and reflects the dreams and aspirations
of the founding fathers.
● It has been described as the 'horoscope of our sovereign democratic republic' (by K.M. Munshi) and the
'soul of the Constitution' (by Pandit Thakur Das Bhargava).
● Sir Ernest Barker, an English political scientist, described the Preamble as the 'key-note' to the Constitution.
6. Preamble as Part of the Constitution
● Initial View (Berubari Union case, 1960): The Supreme Court held that the Preamble was not a part of
the Constitution. It acknowledged its significance as a key to the minds of the makers but denied it legal
status as a part of the main document.
● Current View (Kesavananda Bharati case, 1973): The Supreme Court rejected its earlier opinion and
held that the Preamble is a part of the Constitution. This view was reaffirmed in the LIC of India case
(1995).
● Key Points to Note:
1. The Preamble is neither a source of power to the legislature nor a prohibition upon its powers.
2. It is non-justiciable, meaning its provisions are not enforceable in courts of law.
7. Amendability of the Preamble
● The Question: The question of whether the Preamble could be amended under Article 368 first arose in the
historic Kesavananda Bharati case (1973).
● The Supreme Court's Ruling:
○ The Court held that since the Preamble is a part of the Constitution, it can be amended.
○ However, it is subject to the condition that the 'basic features' of the Constitution, as contained in
the Preamble, cannot be altered by an amendment. The fundamental elements cannot be
destroyed.
● Amendment History: The Preamble has been amended only once so far, in 1976 by the 42nd
Constitutional Amendment Act, which added the words 'Socialist', 'Secular', and 'Integrity'. This amendment
was held to be valid.