Preamble To The Constitution of India

PREAMBLE TO THE
CONSTITUTION OF INDIA
BY : SMRITI ROY
ASSISTANT PROFESSOR [LAW]
INTRODUCTION
 Derived from a Latin term “PREAMBLUS” which means “to go before”.
 The idea of preamble is taken from the American Constitution
 It is the summary of constitution, essence/reflection of
constitution.
 It presents the intention of its framers, the history behind its
creation, and the core values and principles of the nation.
 The preamble basically gives idea of the following things
 objects:
a) Source of the Constitution
b) Nature of Indian State
c) Statement of its objectives
d) Date of its adoption

FAMOUS QUOTES
 Soul of the Constitution by Thakur Das Bhargava

 Political horoscope of Indian Constitution by KM
Munshi
 Identity card of the Constitution by N.A. Palkhivala
 Key note of constitution of India by Sir Ernest
Barker
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, on 13, December 1946.
 It was adopted by the Constituent Assembly on January 22,

1947.
Components of Preamble
 It is indicated by the Preamble that the source of

authority of the Constitution lies with the people of
India.
 Preamble declares India to be a sovereign, socialist,
secular and democratic republic.
 The objectives stated by the Preamble are to secure justice,
liberty, equality to all citizens and promote
fraternity to maintain unity and integrity of the
nation.
 The date is mentioned in the preamble when it was adopted
i.e. November 26, 1949.
 Sovereign: The word sovereign refers to a state which is
free to conduct its own affair both internally and externally.
India became a sovereign on the date of 26th January 1950
before this India was a Dominion that means it had external
influence of England
 Now 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 (democratic
socialism). Indian socialism is a blend of Marxism and
Gandhism, leaning heavily towards Gandhian socialism. India
has a unique idea of socialism, we don’t purely follow
communist or Marxist socialism, in which the state has full
control over the resources and distributes them equally. In
India we follow the Ghandhian socialism, here the state
doesn’t directly distribute the resources but gives equal
opportunity to all individuals to earn the resources. 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
42 nd Amendment, 1976.
 Secular: The term has a western meaning, it means divorce
or no relation between the state and religion
(panthnirpeksha) but in India secularism is used in a sense
which means that all the religions in India get equal respect,
protection and support from the state (sarva dharma
sambhav).
 It was incorporated in the Preamble by 42 nd 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. The people of India elect their governments
(through free, fair and periodic elections at all levels Union,
State and local) by a system of universal adult franchise;
popularly known as ‘One man one vote’.
 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
Objectives of the Indian Constitution
 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 are social, economic, and political
(Tag line of Russian Revolution/constitution).
 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.
 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 discrimination.
Everyone is equal before 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.
 The concept of Liberty, Equality, and Fraternity in our
Preamble was adopted from the French Motto of the
French Revolution.
Status of Preamble
 The preamble being part of the Constitution is discussed

several times in the Supreme Court. It can be understood by
reading the following two cases.
 In Re Berubari Case 1960:

 the Court stated that ‘Preamble is the key to open the mind
of the makers’ but it cannot be considered as part of
the Constitution. Therefore it is not enforceable in a court
of law.
 Kesavananda Bharati v. State of Kerela 1973:
 In this case, for the first time, a bench of 13 judges was
assembled to hear a writ petition.The Court held that:
 The Preamble of the Constitution will now be
considered as part of the Constitution.
 The Preamble is not the supreme power or source of any
restriction or prohibition but it plays an important role in the
interpretation of statutes and provisions of the Constitution.

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PREAMBLE TO THE

 Soul of the Constitution by Thakur Das Bhargava

 The ideals behind the Preamble to India’s Constitution were

 It was adopted by the Constituent Assembly on January 22,

 It is indicated by the Preamble that the source of

 Justice: It is necessary to maintain order in society that is

 The preamble being part of the Constitution is discussed

 In Re Berubari Case 1960:

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