Preamble of The Constitution

Preamble of Indian
Constitution
Debarka Nandi
What is a Preamble?
• A preamble is an introductory statement in a document that explains the document’s philosophy and
objectives.
• In a Constitution, it presents the intention of its framers, the history behind its creation, and the core values
and principles of the nation.
Note:
Concept of preamble has been taken from USA and its language (How to express) taken from France.
History of the Preamble to Indian Constitution
• The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives
Resolution, adopted by the Constituent Assembly on January 22, 1947.
• Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid
during the interpretation of Articles when language is found ambiguous.
Key words in the Preamble
• We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty
means the independent authority of the State, not being subject to the control of any other State
or external power.
• Sovereign: The term means that India has its own independent authority and it is not a dominion
of any other external power. In the country, the legislature has the power to make laws which are
subject to certain limitations.
• Socialist: The term means the achievement of socialist ends through democratic means. It holds faith in a
mixed economy where both private and public sectors co-exist side by side.
• It was added in the Preamble by 42nd Amendment, 1976.
• Secular: Equal respect and equal protection of all religions by the Government but the state shall have no
specific religion and it will remain impartial towards all religions.
• It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976
• Democratic: The term implies that the Constitution of India has an established form of
Constitution which gets its authority from the will of the people expressed in an election.
• Republic: The term indicates that the head of the state is elected by the people. In India, the
President of India is the elected head of the state
• Justice: It is necessary to maintain order in society that is promised through various provisions of
Fundamental Rights and Directive Principles of State Policy provided by the Constitution of India.
It comprises three elements, which is social, economic, and political.
• Social Justice – Social justice means that the Constitution wants to create a society without
discrimination on any grounds like caste, creed, gender, religion, etc.
• Economic Justice: Economic Justice means no discrimination can be caused by people on the
basis of their wealth, income, and economic status. Every person must be paid equally for an
equal position and all people must get opportunities to earn for their living.
• Political Justice: Political Justice means all the people have an equal, free and fair right without
any discrimination to participate in political opportunities.
• Equality: The term ‘Equality’ means no section of society has any special privileges and all the
people have given equal opportunities for everything without any discriminations. Everyone is
equal before the law.
• Liberty: The term ‘Liberty’ means freedom for the people to choose their way of life, have
political views and behavior in society. Liberty does not mean freedom to do anything, a person
can do anything but in the limit set by the law.
• Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment
with the country and all the people. Fraternity helps to promote dignity and unity in the nation.
Important cases of the supreme court regarding Preamble
• A K Gopalan case(1950): The People of India is the real source of the sovereign power.
• Berubari case (1960): The preamble of Indian constitution is not an integral part of Indian constitution.
• Kesavananda Bharati Case (1973):
 Preamble is an important integral part of the constitution of India.
 Preamble is the “Basic structure” of the constitution of India.
• LICI Case (1995): Preamble is an integral part of the constitution.
Amendment of the Preamble
• 42nd Amendment Act, 1976: After the judgment of the Kesavanand Bharati case, it was
accepted that the preamble is part of the Constitution.
• As a part of the Constitution, preamble can be amended under Article 368 of the
Constitution, but the basic structure of the preamble can not be amended.
• Because the structure of the Constitution is based on the basic elements of the
Preamble. As of now, the preamble is only amended once through the 42nd Amendment
Act, 1976.
• The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42nd
Amendment Act, 1976.
• ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’.
• ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’

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