The Preamble to The Constitution of India

Constitutional Law Project

The

Preamble

Compiled By

Ankit Chowdhri

10/09

List of Abbreviations Used

Abbreviation Used Used in Place of

AIR All India Reporter

etc. etcetera

Ibid. Ibidem

SC Supreme Court of India

SCC Supreme Court Cases

SCR Supreme Court Reporter

URL Uniform Resource Locator

v. versus

Vol. Volume

www world wide web

Table of Cases Referred

Air India Statutory Corporation v. United Labor Union 8

Bal Patil v. Union of India 6

Berubari Union and Exchange of Enclaves 2

D.S. Nakara v. Union of India 5

Fatehchand v. State of Maharashtra 2

Golak Nath v. State of Punjab 2

Keshvananda Bharti v. State of Kerala 2, 3

M. Ismail Faruqui v. Union of India 6

Mohan Lal v. Dist. Magistrate Rai Bareilly 7

S.R. Bommani v. Union of India 6

St. Xavier’s College v. State of Gujarat 6

Union of India v. Association for Democratic Reforms 7

Union of India v. Madangopal 4

Contents

Topic Covered Page Number

The Preamble 1

Introduction 2

Whether Preamble is a Part of the Constitution 3

Whether Preamble can be Amended 3

Will of the People of India 3

Sovereign 4

Socialist 5

Secular 5

Democratic 6

Republic 7

Objectives Enshrined in the Preamble 7

Justice 8

Liberty 9

Equality 10

Fraternity 10

Conclusion 11

Bibliography 12

Webography 12

Page | 1

The Constitution of India

The Preamble

“WE, THE PEOPLE OF INDIA having solemnly resolved to

constitute India into a 1[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 the integrity]2 of the Nation.

IN OUR CONSTITUENT ASSEMBLE this twenty-sixth day

of November, 1949 do HEREBY, ADOPT, ENACT AND GIVE TO

OURSELVES THIS CONSTITUTION.”

1 Inserted by the Constitution (42

nd Amendment) Act, 1976.

2 Ibid.

Page | 2

Introduction

After the attainment of independence the people of India were looking for a

government of their own to fulfill the aspirations they had cherished during the freedom

struggle. As the leaders had promised that after the independence India will have a

government based on the ideas of democracy and justice, it was hence, necessary to give a

proper shape to these ideas and ideals3. These were enshrined by the Constituent Assembly in

the Constitution of India.

The Constitution is the documentation of the founding faiths of a nation and the

fundamental directions for their fulfillment. So much so, an organic, not pedantic, approach

to interpretation, must guide the judicial process. The healing art of harmonious construction,

not the tempting game of hair-splitting promoters the rhythm of the rule of law.4

The term ‘Preamble’ means the introduction to the Statute. It is the introductory part

of the Constitution.5 The Preamble generally sets the ideals and goals which the makers of the

constitution intend to achieve through the constitution.6 Therefore, it is also regarded as the

key to open the mind of the makers of the Constitution which may show the general purposes

for which they made several provisions in the Constitution.7 For these reasons the Preamble

is also a legitimate aid in the interpretation of the provisions of the Constitution.8 It expresses

“what we thought or dreamt for so long”.9 It can be said that the constitution embodies a

solemn form of all the ideas and aspirations for which the country had struggled during the

British regime.10

In simple words the Preamble serves as an introduction to the Constitution and

highlights in brief the basic ideas for which the constitution stands and what the frames of the

Constitution sought out to achieve for the citizens of India.

3 Making of the Constitution: The Preamble and Political Philosophy, URL: http://nos.org317courseEL-

4%20THE%20PREAMBLE%20AND%20POLITICAL%20PHILOSOPHY.pdf. 4 Fatehchand v. State of Maharashtra, AIR 1977 SC 1825 at 1827 : 1977 (2) SCR 828 : (1977) 2 SCC 670.

5 Collins, New Gem Dictionary, 1965, 401.

6 ‘The Preamble contains in a nutshell its ideas and its aspirations.’, per Subba Rao, C.J. in Golak Nath v. State

of Punjab, AIR 1967 SC 1643, 1643, 1655: (1967) 2 SCR 762. 7 Berubari Union and Exchange of Enclaves, Re, AIR 1960 SC 845, 856: (1960) 3 SCR 250.

8 Singh, Mahendra P., V.N. Shukla’s Constitution of India. 11

th Edition. Eastern Book Company Lucknow. 2008.

p.1. 9 Sir Alladi Krishnaswami – Constituent Assembly Debates. Vol. 10, 417.

10 Keshvananda Bharti v. State of Kerala, AIR 1973 SC 1461.

Page | 3

Whether Preamble is a Part of the Constitution

The proceedings in the Constituent Assembly make it clear that the Preamble to our

constitution was enacted and adopted by the same procedure as the rest of the Constitution.

The Preamble was put to vote, in the Constituent Assembly, by a motion which stated that the

“Preamble stands as a part of the Constitution” and the motion was adopted.11

Referring to

the history of the drafting and the ultimate adoption of the Preamble, the Supreme Court in

Keshvananda Bharti v. State of Kerala12

case laid down that the Preamble to the Indian

Constitution was an integral part of the Constitution.

Whether the Preamble can be amended

In Keshvananda Bharti v. State of Kerala13

it was established, as discussed above,

that the Preamble is an integral part of the Constitution and thus was not outside the reach of

amendment under Article 368 of the Constitution of India. In the exercise of this amending

power the Constitution (42nd

Amendment) Act, 1976 was passed and it amended the

preamble inserting therein, “Socialist”, “Secular” and “integrity”.

Will of the People of India

The Constitution, as its preamble states, is a creation of the will of “the People of

India” who have, as the preamble enunciates, solemnly resolved to constitute India into a

“Sovereign Democratic Republic.” The idea of sovereignty involves freedom from all foreign

control or domination. The idea of democracy involves freedom from all internal control or

domination. Both ideas combined together reassert the sovereignty and paramountacy of the

people’s will over everything14

. The same has been taken up from the Constitution of the

United States of America and the United Nations Charter.

In other terms the words “We, the People of India” declare in unambiguous terms that

the Constitution has been adopted, enacted and given to themselves by the people of India. It

is declared that ultimate sovereignty in India, resides in the people themselves. This fact has

been disputed that it is not historically true, for, neither the men who made the Constitution

11

Constituent Assembly Debates, X, 429. 12

AIR 1973 SC 1461. 13

AIR 1973 SC 1461. 14

Majumdar, P.K. & Kataria, R.P, Commentary on the Constitution of India, 10th

Edition, Volume 1, Orient Publishing Company, Allahabad, 2009, 192.

Page | 4

were said to be fully representatives of the Nation, nor the Constitution had been ratified by a

direct vote of the people.15

Mr. Nehru, speaking in the Constituent Assembly, explained the significance of these

words. He explained that the word ‘People’ indicated that the Constitution was not created by

the States, nor by the people of the several States, but by the people of India in their

aggregate capacity. So enacted, it would not be open to any State, or group of States either to

put an end to our Constitution or to secede from the Union created by it.16

The Supreme Court in Union of India v. Madangopal,17

referred to the words “We

the people of India” in the Preamble and observed that “our Constitution, as appears from the

Preamble, derives its authority from the people of India.”

To sum it up we can say that the supreme power of the land rests with the people of

India and the true sovereignty lies with the citizens of India as evident from the Preamble.

Sovereign

As defined by R.H. Soltan18

, “Sovereignty is the exercise of the final legal coercive

power of the State.” According to another definition by Woodrow Wilson19

, “Sovereignty is

the daily operative power of framing and giving efficiency to the laws.”

In other words “sovereign” stands for the power which is absolute and uncontrolled

within its own sphere20

. In the words of Cooley, “A State is sovereign when there resides

within itself a supreme absolute power, acknowledging no superior.”21

The term ‘sovereign’

used in the Preamble seems to have been taken from Article 5 of the Constitution of Ireland.22

The word “sovereign” emphasizes that India is no more dependent upon any outside

authority. However, India is still a member of the Commonwealth of Nations but its

membership of the Commonwealth of Nations is not inconsistent with her independent

15

Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008, 26. 16

Constituent Assembly Debates, Volume I, 55-56. 17

AIR 1954 SC 158. 18

Myneni, SR., Political Science for Law Students, 2nd

Edition, Allahabad Law Agency, 2006, 100. 19

Ibid. 20


Pandey, J.N., The Constitution of India, 47th

Edition, Central Law Agency, Allahabad, 2010, 31. 22

Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008, 27.

Page | 5

sovereign status23

and it is merely a voluntary association of India and it is open to India to

cut off this association at her will, and that it has no Constitutional significance.24

In very simple and concise terms we can say that the intention behind inserting the

word “sovereign” into the Preamble was to highlight the face that India is not dependent on

any outside authority and that both externally and internally India is a sovereign. India

recognizes no foreign power as its master.

Socialist

The term ‘Socialist’ was added to the Preamble of the Constitution of India by the

Constitution (42nd

Amendment) Act, 1976. The term ‘Socialist’ literally relates to the theory

advocating state ownership and control of means of ownership and control of means of

production, distribution and exchange.25

But the term is used in a different sense in the

Constitution. Mrs. Indira Gandhi, the then Prime Minister, explained that the term ‘socialist’

was used simply to indicate that the goal of the State in India was to secure ‘a better life for

the people of India’ or ‘equality of opportunity’. She, thus, made it clear that India had her

own concept of socialism and all she wanted was a better life for her people.26

In D.S. Nakara v. Union of India,27

the Court observed that “the basic framework of

socialism is to provide a descent standard of life to the working people and especially provide

from cradle to grave. This amongst others on economic side envisaged economic equality and

equitable distribution of income.” The principal aim of a socialist State, the Supreme Court

held, was to eliminate inequality in income and status and standard of life.

Thus we can say that democratic socialism aims to end poverty, ignorance, disease

and inequality of opportunity.28

Secular

The real meaning of secularism in the language of Gandhi is Sarva-Dharma-Sambhav

meaning equal treatment and respect for all religions, but we have misunderstood the

23


Edition, Central Law Agency, Allahabad, 2010, 31. 24


Oxford Dictionary & Thesaurus, 9th

Impression, 2007. 725. 26


AIR 1979 SC 25. 28

Bakshi, P.M., The Constitution of India, 8th

Edition, Universal Law Publishing Co., Delhi, 2008, 3.

Page | 6

meaning of secularism as Sarva-Dharma-Sam-Abhav meaning negation of all religions.29

The

term Secularism explains that the State does not recognize any religion as a State religion and

that it treats all religions equally with equal individual rights for faith, religion or worship.

As put in simple words by the Supreme Court of India “Our concept of Secularism, to

put in a nutshell, is that the State will have no religion.”30

The concept of Secularism is also contained in Articles 25 to 30 of the Constitution by

way of Right to Freedom of Religion. The Supreme Court in St. Xavier’s College v. State of

Gujarat,31

explained that India “is neither anti-God, nor pro-God; it treats alike the devout,

the antagonistic and the atheist. It eliminates God from the matters of the State and ensures

that no one shall be discriminated against on the ground of religion.” That every person if

free to go to the God or Heaven in his own ways. And, that worshipping God is left to be

dictated by his own conscience.32

Secularism is declared to be the one of the basic features of the Constitution, which is

beyond the amending power of the Parliament.33

It means honoring all religions.34

To sum it

up we can say that the Constitution of India recognizes no religion and treats all religions

equally and encourages one to practice the religion of his choice.

Democratic

The term democracy has been derived from the Greet root ‘demos’ which means ‘the

people’: ‘Kratos’ stands for ‘rule’ or ‘government’. Thus literally, democracy signifies ‘the

rule of the people.’35

The definition given by Abraham Lincoln reads “Democracy is the

government of the people, by the people, and for the people.”36

The Constitution of India sets up India a “Democratic Republic”. Democracy may be

properly defined as that form of Government in the administration of which the mass of adult

29

Majumdar, P.K. & Kataria, R.P, Commentary on the Constitution of India, 10th

Edition, Volume 1, Orient Publishing Company, Allahabad, 2009, 196. 30

Bal Patil v. Union of India, 2005 (6) SC 374. 31

AIR 1974 SC 1389. 32

Kumar, Narender; The Constitutional Law of India, 1st

Ed., Allahabad Law Agency, Allahabad, 2009. 21. 33

S.R. Bommani v. Union of India, AIR 1994 SC 1918. 34

M. Ismail Faruqui v. Union of India, AIR 1995 SC 605. 35

Gauba, OP., An Introduction to Political Theory, 4th

Edition, Macmillan India Ltd., Delhi, 2007. 421. 36

Ibid.

Page | 7

population has some direct or indirect share.37

The Supreme Court in Mohan Lal v. Dist.

Magistrate Rai Bareilly,38

observed: “Democracy is a concept, a political philosophy, an

ideal practiced by many nations culturally advanced and politically mature by resorting to

governance by representatives of the people elected directly or indirectly.” Democracy thus

may be direct or indirect. In the case mentioned above it was also inferred that direct

democracy is one where the people directly exercise their power of the government and carry

on the government and change the government by their direct vote. In an indirect democracy,

the people elect their representatives who carry on the administration of the government

directly.

The Supreme Court in the case of Union of India v. Association for Democratic

Reforms,39

observed: “a successful democracy posits an ‘aware’ citizenry”. “Democracy

cannot survive without free and fair elections, without free and fairly informed voters.” This

clearly emphasizes the value of the power bestowed upon the citizens of India to elect the

government which is also essential for the functioning of the democracy.

Republic

The term Republic is used in distinction to ‘Monarchy.’40

In other words India is a

republic because the head of the State is not a hereditary monarch.41

Hence, in India the head

of State is not a heredity position as seen in the case of the Queen of the United Kingdom of

Great Britain and Northern Ireland; the head of the state in India is an elected person who is

elected by the citizens of India. The Constitution of India sets up in India a ‘republican form

of Government’, in which, the ultimate power resides in the body of the people, enfranchised

by universal adult franchise. The President of India, is the Executive Head of the State, is

elected by the people and holds office for a term of five years.

Objectives Enshrined in the Preamble

The Preamble to the Constitution of India secured to all its citizens:

Justice – Social, economic and political

37

Kumar, Narender: Constitutional Law of India, Allahabad Law Agency, 2008, 31. 38

AIR 1993 SC 2042. 39

AIR 2002 SC 2112. 40



Edition, Central Law Agency, Allahabad, 2010, 31.

Page | 8

Liberty – Of thought, expression, belief, faith and worship

Equality – Of status and of opportunity

Fraternity – Assuring the dignity of the individual and the unity and integrity of the Nation.

These ideals of the Constitution are detailed in the headings to follow.

Justice

social, economic and political

The expression “Justice” briefly speaking is the harmonious reconcilement of

individual conduct with the general welfare of the society. An act or conduct of a person is

said to be just if it promotes the general well-being of the community. Therefore, the

attainment of the common good as distinguished from the good of individuals is the essence

of justice.

The Constitution of India professes to secure to the citizens:

Social Justice

Economic Justice

Political Justice

Social Justice means the abolition of all sorts of inequalities which may result the

inequalities of wealth, opportunity, status, race, religion, caste, title and the like.to achieve

this ideal of social justice, the Constitution lays down the Directives Principles of State

Policy in Part IV of the Constitution. In the case of Air India Statutory Corporation v.

United Labor Union,42

the Supreme Court observed that the aim of social justice was to

attain substantial degree of social, economic and political equality which was the legitimate

expectation and constitutional goal. It was held that social justice was a dynamic device to

mitigate the sufferings of the poor, weak, dalits, tribals and deprived sections of the society

and to elevate them to the level of equality, to live a life with dignity of person. The Court

ruled that the Preamble and Article 38 of the Constitution envisioned social justice as the arch

to ensure life to be meaningful and livable with human dignity.

42

AIR 1997 SC 645.

Page | 9

The expression Economic Justice means justice from the standpoint of economic

force. In short, it means equal pay for equal work, that every person should get his just dues

for his labor, irrespective of his caste, creed, sex or social status43

.

Political Justice means the absence of any unreasonable or arbitrary distinction among

men in political matters. The Constitution has adopted the system of universal adult suffrage,

to secure political justice which can be seen reflected in Articles 15 & 16 of the Constitution

of India which talks about prohibition of discrimination and equal opportunity to hold public

offices respectively.

In order that justice in real sense be secured to the people of India, the constitution,

not only secures equality of status and of opportunity by prohibiting discrimination on

various grounds, at the same time, makes special provisions for the promotion of the interests

of the socially and educationally backward classes of citizens and other weaker sections of

the people.44

Liberty

of thought, expression, belief, faith and worship

Liberty has been derived from the Latin word ‘liber’ which means free. The idea of

Liberty came to the forefront with the French Revolution in 1789 and the leaders defined

liberty as “the power to do as anything that does not injure another is liberty.”45

The term ‘liberty’ is used both in a negative as well as positive sense. As a negative

concept liberty means the absence of all undue or arbitrary interference with individual’s

action on the part of the State. In positive sense, liberty comprises of liberties or rights which

are considered essential for an individual to attain his potentialities and for the perfection of

the national life.46

The Constitution of India professes to secure the liberty of thought,

expression, belief, faith and worship, which are regarded essential to the development of the

individual in the Nation.

43

See Article 39 (d), Constitution of India. 44



Ed., Allahabad Law Agency, Allahabad, 2006, 168. 46

Kumar, Narender; The Constitutional Law of India, 1st

Ed., Allahabad Law Agency, Allahabad, 2009. 22.

Page | 10

The same principal is reflected in Articles 25 – 28 of the Constitution which talk

about the Right to Freedom of Religion and Article 19 (1) (a) which talks about the liberty in

the field of expression.

Equality

of status and of opportunity

Equality is the basis of democracy like equality. The formulation of the doctrine is the

product of eighteenth century. In the American Declaration of Independence (1776), it is

described that “we hold these truths to be self-evident that all men are created equal.” The

Declaration of Rights of Man (1789) issued by the National Assembly in France during the

French Revolution states that “Men are born, and always continue, free and equal in respect

of their rights. Equal opportunities to all are necessary for the fullest development of

personality of the people.”47

Equality of status and of opportunity is secured to the people of India by abolishing

all distinctions or discriminations by the State, between citizen and citizen, on the ground of

religion, race, caste, sex or place of birth and by throwing open ‘public places’ to all the

citizens.48

This has been provided for in the Articles 14 and 15 of the Constitution of India

and the same talk about equality before law and prohibition of discrimination. The

Constitution also abolishes untouchability and titles by the Articles 17 and 18 respectively.

This helps in securing equality of opportunity in the matters relating to employment or

appointment to any office under the State under Article 16 of the Constitution of India.

Fraternity

assuring the dignity of the individual and the unity and integrity of the Nation

Fraternity means a feeling of brotherhood, brotherliness, a feeling that all people are

children of the same soil, the same motherland. The term was also inspired by the French

Revolution and was added to the Preamble by the Drafting Committee of the Constituent

Assembly because, “the Committee felt that the need for fraternal concord and goodwill in

47


Ed., Allahabad Law Agency, Allahabad, 2006, 183. 48

Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008, 34.

Page | 11

India was never greater than now and that this particular aim of the new constitution should

be emphasized by special mention in the Preamble.”49

There is no express provision in the Constitution which reflects ‘fraternity as an

object. However, there are provisions in the Constitution, such as common citizenship, the

right of the citizen of India to move freely, to reside and settle in any part of the territory of

India, etc., which generate their spirit of brotherhood.

The dignity of the individual is to be maintained for the promotion of fraternity.

Therefore, the Preamble assures the dignity of each and every individual. This dignity is

assured by securing to each individual equal fundamental rights and at the same time laying

down a number of Directives for the State which direct the State policies towards betterment

of citizens.

The Unity and Integrity50

of the Nation sounds the concern of the founding fathers of

the Constitution regarding the maintenance of the Independence of the nation as well as the

success of the democracy in India. Therefore, while securing rights and freedoms for the

individuals, they incorporated in the Constitution elaborate provisions conferring on the State

overriding powers in the form of emergency provisions as to help contain any forces

threatening and endangering the unity and integrity of the country. India has been declared as

a Union of States and is intended to put an end to the separatist tendencies.

Conclusion

To conclude I would like to highlight that the Preamble highlights the very principles

which the Constitution works on and the objectives which the same has to achieve. The

drafters of the Constitution also drafted the Preamble as a mirror and an introduction of the

same. It would not be wrong to say that the spirit of the Constitution is sufficiently summated

in the Preamble.

49

Shiva Rao, the Framing of the Indian Constitution, N.M. Tripathi Pvt. Ltd., Bombay, 1967, III, 510, cited in Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008, 34. 50

Inserted by the Constitution (42nd

Amendment) Act, 1976.

Page | 12

Bibliography

Bakshi, P.M., The Constitution of India, 8th Edition, Universal Law Publishing Co., Delhi,

2008.

Basu, Durga Das; Shorter Constitution of India, 14th Ed., Volume 1, Lexis Nexis Butterworths

Wadhwa, Nagpur, 2010.

Gauba, OP., An Introduction to Political Theory, 4th Edition, Macmillan India Ltd., Delhi,

2007.

Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008.

Kumar, Narender; Introduction to the Constitutional Law of India, 1st Ed., Allahabad Law

Agency, Allahabad, 2009.

Majumdar, P.K. & Kataria, R.P, Commentary on the Constitution of India, 10th Edition,

Volume 1, Orient Publishing Company, Allahabad, 2009.


Ed., Allahabad Law Agency, Allahabad,

2006.

Oxford Dictionary & Thesaurus, 9th Impression, 2007.

Pandey, J.N., The Constitution of India, 47th Edition, Central Law Agency, Allahabad, 2010.

Singh, Mahendra P., V.N. Shukla’s Constitution of India. 11th Edition. Eastern Book

Company Lucknow. 2008.

The Constitution Of India, Bare Act, Universal Law Publishing Co. Pvt. Ltd. New Delhi,

2010.

Webography

http://www.nos.org/

http://dictionary.reference.com/

Documents

The Preamble to The Constitution of India