Preamble of Indian Constitution

The Preamble to the Indian Constitution is one of the most significant parts of the document, though it does not directly confer any legal power. It lays down the guiding values, philosophy, and objectives of the Constitution. 

The Preamble outlines the framework upon which the Constitution is built, reflecting the ideals that the makers of the Constitution wanted to achieve. While it serves as a fundamental introduction to the Constitution, the Preamble also holds great interpretative value in understanding the intention behind various provisions.

In this article, we will delve deep into the meaning, objectives, features, and importance of the Preamble of the Indian Constitution, and examine the pivotal legal cases related to it.

What Is the Preamble?

The Preamble is an introductory statement in a legal document, which typically explains the purpose, principles, and objectives of the document. It serves as an opening statement to outline the values the Constitution seeks to achieve. 

In the case of the Indian Constitution, the Preamble serves to express the solemn resolve of the people of India to establish a democratic, sovereign republic with a commitment to justice, liberty, equality, and fraternity.

The Preamble was drafted based on Jawaharlal Nehru’s “Objective Resolution,” which was moved in the Constituent Assembly on 13th December 1946 and adopted on 22nd January 1947. The final Preamble was adopted on 26th November 1949 and came into force on 26th January 1950, marking India’s Republic Day.

Text of the Preamble

The Preamble to the Indian Constitution reads as follows:

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.”

This text succinctly encapsulates the vision of the framers for the nation and its people.

Purpose of the Preamble

The primary purpose of the Preamble is to set forth the objectives of the Constitution. It is a declaration of the aspirations of the people of India and the values they wish to uphold. The Preamble serves as the foundation on which the Constitution is based and highlights the moral and philosophical principles that the Indian state seeks to achieve.

Some of the key purposes of the Preamble include:

1. Assertion of Sovereignty: The Preamble declares that India is a sovereign state, meaning it is independent and free from any external control.
2. Justice and Equality: It sets out to provide social, economic, and political justice, ensuring that the citizens of India are treated equally before the law and have equal opportunities in all spheres of life.
3. Secularism and Democracy: It expresses India’s commitment to secularism, where all religions are treated equally, and to democracy, where the government is elected by the people.
4. Fraternity and Unity: The Preamble stresses the importance of promoting brotherhood among all citizens and ensuring the unity and integrity of the nation.

Is the Preamble Part of the Constitution?

For a long time, there was a debate on whether the Preamble was a part of the Indian Constitution. The issue came before the courts in several landmark cases.

In Re Berubari Union (1960)

The Supreme Court, in the case of In Re Berubari Union (1960), initially held that the Preamble is not a part of the Constitution and is not a source of any substantive powers. It was merely an introductory statement. The Court stated that the Preamble is a key to understanding the minds of the framers, but it does not have the force of law.

Kesavananda Bharati v. State of Kerala (1973)

The situation changed with the landmark ruling in Kesavananda Bharati v. State of Kerala (1973). In this case, the Supreme Court held that the Preamble is an integral part of the Constitution. While the Court did not confer any justiciable rights on the Preamble, it ruled that the Preamble is important for interpreting the provisions of the Constitution. The Preamble was declared to be part of the Constitution’s “basic structure,” and any amendment to the Constitution that violates the values expressed in the Preamble would be unconstitutional.

This decision overruled the earlier stance taken in the Berubari case and established the Preamble as an essential element of the Indian Constitution.

LIC of India v. Consumer Education and Research Centre (1995)

In the case of LIC of India v. Consumer Education and Research Centre (1995), the Supreme Court reiterated that the Preamble is an integral part of the Constitution. This judgement reinforced the idea that while the Preamble does not have enforceable legal rights, it is important for the interpretation of the Constitution.

Features of the Preamble

The Preamble has several important features that define the nature of the Indian state. These features are reflected in the terms used in the Preamble, such as “sovereign,” “socialist,” “secular,” “democratic,” and “republic.” Each of these terms embodies the core principles of the Indian Constitution.

Sovereign

The term “sovereign” implies that India is an independent nation, free from external control. It is not a dependency or a dominion of any other nation. India has the power to decide its own policies, both internally and externally, without interference from any other state.

Socialist

The word “socialist” was introduced into the Preamble through the 42nd Amendment Act, 1976. It implies that India seeks to achieve a system of democratic socialism, where the state aims to ensure social and economic justice. The state is committed to reducing the gap between the rich and poor and ensuring that every citizen has access to basic welfare.

Secular

The term “secular” means that the state has no official religion. All religions are treated equally, and citizens have the freedom to practice, propagate, and profess any religion of their choice. This was reaffirmed by the 42nd Amendment in 1976, making secularism a core feature of the Indian state.

Democratic

The term “democratic” reflects the form of government in which the people have supreme power. It means that the government is elected by the people, for the people, and of the people. Every citizen, irrespective of caste, creed, or gender, has the right to vote and participate in the political process.

Republic

The term “republic” signifies that the head of state is elected and not a hereditary monarch. In India, the President is elected by the people through an electoral college, and this ensures that no individual has absolute power.

Justice

The Preamble commits to securing social, economic, and political justice for all citizens. Social justice means equal treatment of all individuals, regardless of caste, creed, or religion. Economic justice ensures the fair distribution of resources, while political justice guarantees equal political rights and participation.

Liberty

The Preamble guarantees liberty of thought, expression, belief, faith, and worship to all citizens. These freedoms are further safeguarded by the Fundamental Rights enshrined in Part III of the Constitution, which can be enforced in the courts.

Equality

The Preamble commits to providing equality of status and opportunity to all citizens. This is further emphasised through various provisions in the Constitution that prohibit discrimination on grounds of religion, caste, sex, or place of birth.

Fraternity

The term “fraternity” refers to a sense of brotherhood and unity among all citizens. The Preamble highlights that fraternity must ensure the dignity of the individual and the unity and integrity of the nation. This reflects the Indian ideal of national integration and solidarity.

Cases Related to the Preamble

Several significant cases have been heard by the Supreme Court that deal with the interpretation and importance of the Preamble:

1. In Re Berubari Union (1960): As mentioned earlier, the Supreme Court ruled that the Preamble is not enforceable and is not part of the Constitution. However, this view was overturned later in Kesavananda Bharati.
2. Kesavananda Bharati v. State of Kerala (1973): This case established the Preamble as part of the basic structure of the Constitution. The Supreme Court ruled that any amendment that violates the core principles outlined in the Preamble is unconstitutional.
3. Union of India v. LIC of India (1995): The Court reaffirmed that the Preamble is an integral part of the Constitution, playing a crucial role in interpreting the Constitution.
4. S.R. Bommai v. Union of India (1994): In this case, the Supreme Court emphasised the importance of secularism and fraternity, as reflected in the Preamble, in maintaining the democratic and pluralistic character of the Indian state.

The Enforceability of the Preamble

The Preamble itself is not directly enforceable in a court of law. It does not provide rights that can be claimed or enforced in isolation. However, it has significant interpretative value. It can be used to understand the underlying principles and objectives of the Constitution. The Preamble is often referred to by the courts to interpret provisions that may otherwise be ambiguous or unclear.

For example, in LIC v. Consumer Education (1995), the Court used the Preamble to emphasise the democratic and secular nature of the Indian state while ruling on issues of social justice and equality.

Conclusion

The Preamble of the Indian Constitution holds a central place in the interpretation of India’s laws. It reflects the aspirations and guiding philosophy of the framers and outlines the core values that the Constitution seeks to uphold. 

While it is not directly enforceable, it remains an essential tool for interpreting the Constitution’s provisions and understanding the intent behind them. The Preamble is a testament to India’s commitment to building a democratic, just, and inclusive society.