Law and You > Constitutional Law > The Preamble of the Constitution of India
The preamble of the Constitution of India is an important aspect of it as it sets out the main objectives which the Constitution seeks to secure for the people. Preamble, which sets out different objects and necessary background to understand the nature and function of the Constitution. The Preamble provides a guide to the state and its organs, which shall function in commensuration with the preamble to realize the goals and ideals, so set out. It points to the socio-politico-legal nature of the Constitution. It can be designated as the miniature reflection of the Constitution. It embodies the philosophy and fundamental value upon which the Constitution is founded. It visualizes certain ideals to be realized in the course of time setting the task before the State and declaring by delineating an area to function and by declaring the nature of the State and the Constitution. The preamble can also be called the soul of the constitution as it has everything about the constitution.
It is to be noted that although the Preamble appears at the very beginning of the Constitution, it was passed and adopted at last, and only after draft articles of the constitution were adopted. So, it is significant to note that the preamble was drafted and adopted after much mature deliberation and carefully chosen words to give effect to the entire thought and content of the Constitution.
The idea of the Preamble of the Constitution of India seems to be borrowed from that of the USA constitution. The Preamble was formulated as the last item of formation of the Constitution so that the core of the Constitution can be summarized.
Purpose of the Preamble of the Constitution of India:
- It indicates the source from which the Constitution comes into existence i.e. the people of India.
- It contains the enacting clause which brings into force the Constitution.
- It declares the rights and freedoms which the people of India intended to secure to all citizens and the basic structure of the Government and the polity which was to be established.
In Golak Nath v. State of Punjab, AIR 1967 SC 1643 case, the honourable Supreme Court observed that the Preamble sets the ideals and goals which makers of the constitution intended to achieve through that constitution.
In Berubari Union (1) re, AIR 1960 SC 845 case, the Supreme Court has said that the preamble to the Constitution is a key to open the mind of the makers and shows the general purpose for which they made the several provisions in Constitution.
The Preamble of the Constitution of India
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.
Source of Constitution:
The opening line of the preamble “WE, THE PEOPLE OF INDIA,” indicates that the source of the Indian constitution is the people of India. The capitalization of the phrase put emphasis on the phrase. The power and authority of government are derived from the people.
In Kehar Singh v. Union of India AIR 1989 SC 653 case the court held that the constitution reflects the wishes of the people and it is not imposed on the people. Thus Indian constitution is self-imposed by people of India wishfully.
In The Union Of India vs Madan Gopal Kabra, AIR 1954 SC 158 case, the Supreme Court referred to these words in the preamble while recognizing the power of the Indian legislatures, to enact laws with retrospective operation beyond the commencement of the constitution itself. The court observed that “our constitution as appears from the preamble derives its authority from the people of India”
Nature of the State:
The nature of State is SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC. There are no punctuation marks and the set of words is in capital letters. Thus emphasis is given to words.
Sovereign:
Sovereign means an independent country completely free from foreign control. India is not subject to any outside authority and not influenced or interfered by any outer power during the formulation of its foreign policies and internal affairs.
In Synthetic & Chemicals Ltd. v. the State of Uttar Pradesh, AIR 1990 SC 1927 case, the Supreme Court decided that the word ‘sovereign’ means that the state has the authority everything within the restrictions given by the Constitution.
The term sovereign was also discussed in Kesavanada Bharati v. State of Kerala, AIR 1973 SC 1461 case.
Socialist:
This term was not present in the original preamble of the constitution. It was introduced by 42 nd Amendment of the constitution in 1976. The amendment incorporated the philosophy of socialism in the constitution. Socialist means a fair distribution of the wealth of the country among all sections of people. It also means providing equal opportunities to everyone to bridge the gap between the rich and poor.
In 1991 India accepted the policy of free economy and privatization. It was being asked whether this policy is in accordance with the principle of socialism as mentioned in the Preamble. The word ‘socialism’ has nowhere been defined in the constitution.
In D.S.Nakara v. Union of India 1983 AIR CS 130 case, socialism has been taken to mean raising the living standard of the weaker section and labourers and to guarantee for them lifelong social security.
In Excel Wear v. Union of India 1979 AIR SC 25 case, it was held that the effect of adding the word Socialist is that the court should give more effect to nationalization and state ownership. In brief, our socialism is a unique combination of Marxism.
In Air India Statutory Corporation v. United Labour Union, the Supreme Court elaborated the concept of “socialism” and stated that the word socialism was expressly brought in the constitution to establish an egalitarian social order through rule of law as its basic structure.
In Samatha v. State of Andhra Pradesh, Appeal (civil)4601-02 of 1997 case, the Supreme Court observed that the word Socialist used in the Preamble must be read from the goals, Article 14, 15, 16, 17, 21, 23, 38, 39, 46 and all other cognate Articles sought to establish, i.e. to reduce inequalities in income and status and to provide equality of opportunities and facilities.
Secular:
This term was not present in the original preamble of the constitution. It was introduced by 42 nd Amendment of the constitution in 1976. Secular means that the state does not have an official or state religion. The state does not favour or promote any particular religion. The state does not discriminate against anybody on the basis of religion. The state guarantees the freedom of every individual to profess, practice and propagate his/her own religion.
In S. R. Bomai v. Union of India, AIR 1994 SC 1918 case, the court held that the secularism is a part of the basic structure of the constitution. Hon’ble K. Ramaswamy J. has observed – “The Preamble of the Constitution is an integral part of the Constitution, democratic form of Government, federal structure, integrity and unity of the nation, secularism, socialism, social justice, and judicial review are basic features of Constitution of India.” A similar view was given by the court in a case M. Ismail Faruqui v. Union of India (1994) 6 SCC 360.
In Aruna Roy v. Union of India (WRIT PETITION (CIVIL) NO. 98 OF 2002) case, the court opined that the secularism has been held to be knowledge of and respect for all religions and fostering the feeling of respect for them.
In Bal Patil v. Union of India, Appeal (civil) 4730 of 1999 case, the Court held that all religions and religious groups must be treated equally and with equal respect. India is a secular state where people have the right to choose their religion. But the state will have no specific religion.
In M.P. Gopalkrishnan Nair v. the State of Kerala, Appeal (civil) 6675 of 1999 case, the Court stated that the secular state is different than an atheist society, which means the state allows every religion and disrespect none.
In St. Xavier’s College v. State of Gujarat, AIR 1974 SC 1889 case, the Supreme Court explained “secularism is neither anti-God nor pro-God, it treats alike the devout, the agnostic and the atheist. It eliminates God from the matters of the state and ensures that no one shall be discriminated against on the grounds of religion”. That, every person is free to mold or regulate his relations with his God in any manner. He is free to go to God or to heaven in his own ways. And, that worshipping God is left to be dictated by his own conscience”.
InI. R Coelho v. State of Tamil Nadu, AIR 2007 SC 861 case, the Supreme Court held that secularism is a matter of conclusion to be drawn from various Articles conferring Fundamental Rights. “If the secular character is not to be found in Part III”, the Court ruled, “it cannot be found anywhere else in the Constitution, because every fundamental right in Part III stands either for a principle or a matter of detail”.
In Valsamma Paul v. Cochin University, AIR 1996 SC 1011 case, the apex court emphasized that inter-caste marriages and adoption were two important social institutions through which “secularism” would find its fruitful and solid base for an egalitarian social order under the Constitution of India. “Secularism,” the court said, was a bridge between religions in a multi-religious society to cross over the barriers of their diversity. In a positive sense, it was the cornerstone of an egalitarian and forward-looking society which our constitution endeavored to establish.
Democratic:
Abraham Lincoln described democracy as “Government of the people, by the people and for the people.” People of India has the power to elect a government of their choice and govern the country through their elected representatives. The Constitution ensures creation and existence of government at the will of people, through their participation in the formation of the government at regular intervals on principle of universal adult franchise.
In R. C. Poudyal v. Union of India, AIR 1993 SC 1804 case the court held that democracy denotes people’s power and equal participation of all citizens in the polity.
In Mohan Lal v. District Magistrate of Rai Bareilly, AIR 1993 SC 2042 case the Court observed that Democracy is a philosophical topic related to politics where the people elect their representatives to form a government, where the basic principle is to treat the minority the same way people treat the majority. Every citizen is equal before the law in the democratic form of government.
In Union of India v. Association of Democratic Reforms, 2002 (3) SCR 294 case the Court states that the basic requirement of a successful democracy is awareness of the people. A democratic form of Government cannot survive without fair elections as fair elections are the soul of democracy. Democracy also improves the way of life by protecting human dignity, equality, and the rule of law.
Republic:
In this type of state, the head of the state is directly or indirectly elected official and not a monarch or a dictator. The post is not hereditary. In India, the President is the head of the state. The president has a fixed term of 5 years.
Objectives of the Constitution:
Justice:
All citizens are equal in the eyes of the law. Justice shall not be denied to anybody on the basis of race, caste, birth, religion, creed, gender and status. Every individual gets what is his / her due. Justice social, economic and political.
So the Preamble specifies justice of three kinds, which is inspired by the peculiar socio-political history of pre-independent India. The preamble does not talk of Justice in a general and abstract sense, because its sole aim was to attain certain ends, because it was a Society/State subjugated politically with no political rights conferred upon the people, exploited economically with the enjoyment of economic privilege by a handful and selected few and divided socially along caste, race, religion, etc, line with a large section of the population suffering disabilities of many sorts. So the foremost concern of the framer of the Constitution was to set the goal in the Preamble to ensure social, economic, and political justice. By this, it did not confer any right on anybody but sought to create a social order wherein social, economic, and political justice would be prevailing where the enjoyment of fundamental right in more secured without any invasion and infraction.
The Constitution seeks to attain this by making a broad range of express provisions as directive principles in Arts 38 and 39 which though not justiciable but are fundamental in the governance of the country by obligating the state to strive in that direction.
In Research Centre v. Union of India, AIR 1995 SC 922 case, by invoking the provisions of Art.21 & 38 of Constitution of India, which envisages Social Justice to be a device to ensure life to be meaningful and livable with human dignity, the Hon’ble Court held that the State was obliged to provide facilities to workmen to reach minimum standard of health, economic, security and civilized living. Social Justice is a means to ensure life to be meaningful and livable. The sources of pollution as narrated.
Liberty:
Every citizen has the right to think and express oneself. Every citizen has the freedom to follow any belief and religion of one’s choice. It is again not liberty in a general and abstract sense, but it is the liberty of thought, expression, belief, faith, and worship. This spells out the path towards the
moral psychological freedom of man as the Preamble envisages the civil and religious liberty of man for the fuller moral growth of man.
In Meyer v. Nebraska, 262 U.S. 390 (1923), case, the Court held: “Liberty denotes not merely freedom from bodily restraint but also the right of the individual to contract, engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.”
Equality:
All citizens are equal before the law and will be protected equally by the laws of the land. The state should not discriminate between the people on the basis of place, race, caste, birth, religion, creed, gender, wealth and status.
Indian society was a society of unequals. The founding fathers thereafter thought to ameliorate the conditions of the downtrodden, the underprivileged segments of the society, and recognize the naturally ordained equality of human beings. The founding fathers scribed twin formulae: development to do away the inequalities of status and to provide equal opportunities for so as to attain a social order based on equality of citizenship and an equalitarian State. In order to attain such a goal, the Constitution has recognized the fundamental right to equality of man.
Fraternity:
Fraternity means the inculcation of a strong feeling of spiritual and psychological unity among the people. It is designed to secure the dignity of the individual and unity and integrity of the nation. Democracy gets developed in the environment of brotherhood and oneness among the different sections of the society, This can be achieved by removing the social barriers between citizens belonging to different communities. We may have a diverse culture. We may have different religions. We may have different creeds. But by the fraternity, we mean “one people”. We can achieve this by removing ill practices and social evils like untouchability and communalism. Thus we can see that the aim of our constitution is to progress united towards the goal of securing justice, liberty, and equality for all its citizens.
In Indra Sawhney v. Union of India, AIR 1993 SC 477 case, the Court observed that the word Fraternity is not mere rhetoric, but is an instrument for assuring (a) the dignity of the individual and (b) unity and integrity of the nation. This concept of Fraternity obviously enjoins “all this could be possible only if the people of India as a whole were bound together by spirit of brotherhood”.
In S. S. Bola v. B. D. Sardana, (1997) 8 SCC 522 the Supreme Court observed: The Liberty, equality, and fraternity have to be secured and protected with social justice, economic empowerment and political equality under the rule of law.
In Behram Khushed Pesikaka v. The state of Bombay, AIR 1955 SC 123 case, Mahajan C.J. referring to part III of the constitution observed: “We think that the rights deserved as fundamental rights are a necessary consequence of the declaration in the preamble that the people of India have solemnly resolved to constitute India into a sovereign democratic republic and to secure to all its citizens justice, social, economic are political; liberty of thought, expression, belief, faith, and worship; equality of status and of opportunity. These fundamental rights have been put in the Constitution merely for individual benefit, though ultimately they came into operation in considering individual rights. They have been put there as a matter of public policy and the doctrine of waiver can have no application to provisions of law which have been enacted as a matter of constitutional policy.”
In P.A. Inamdar v. State of Maharashtra, (2005) 6 SCC 537 case, the Court observed that if Indian polity has to be educated and educated with excellence, it is a well-settled principle of the golden goals set out in the Preamble of the Constitution, i.e., JUSTICE, LIBERTY, EQUALITY, and FRATERNITY.
Dignity:
For promotion of fraternity, dignity of the individuals is to be maintained. The preamble assures the dignity of each and every individual by securing to each individual equal fundamental rights and at the same time, by laying down a number of directives for the state to direct its policies towards, inter alia, securing to all citizens, men and women equally, the right to an adequate means of livelihood, just and humane conditions of work, a decent standard of life.
The Legality of Preamble of the Constitution of India:
In Berubari Union (1) re, AIR 1960 SC 845 Case, the Court held that the Preamble is not part of the Constitution. It observed – “The preamble is not a part of the Constitution and it has never been regarded as a source of any substantive power conferred on Government of the Indian Union or on any of its department. Such powers embrace only those expressly granted in the body of Constitution and such as may be implied from those so granted.”
In Kesavanada Bharati v. State of Kerala, AIR 1973 SC 1461 case, the Supreme Court gave importance to the fact that the Preamble was formulated as the last item of formation of the Constitution so that the core of the Constitution can be summarized. Hence held that the Preamble is part of the Constitution and is subject to the amending power of the parliament as any other provisions of the Constitution, provided the basic structure of the constitution is not destroyed.
The preamble is a Part of Constitution Preamble Indicates the basic structure of the Constitution. The preamble can be amended by Parliament using its amendment powers as per article 368. The preamble has been amended only once so far through the 42nd Constitution Amendment Act 1976. The words Secular, Socialist, and Integrity were added to the constitution. The preamble outlines the ideas and philosophy of the constitution, and NOT the objectives of the governments. It also does NOT provide any legal framework of constitutional law. The preamble is neither a source of power nor a source of limitations similarly it neither provides any power nor imposes any duty. It is neither enforceable not justifiable in a court of law. Thus the courts cannot pass orders against the government in India to implement the ideas in the Preamble.
Conclusion:
A Constitution symbolizes independence of a country. Framework and structure for the governance of a free country are provided in the Constitution. The Constituent Assembly prepared the draft of the Constitution by keeping the ‘Objectives Resolution’ as the backdrop which reflected the aspirations of the people of India. The Constitution begins with a Preamble which declares India to be a Sovereign, Socialist, Secular, Democratic, Republic. The Preamble also mentions the goals of securing justice, liberty and equality for all its citizens and promotion of national unity and integrity on the basis of fraternity among the people assuring dignity of the individual. The Preamble sets the ideals and goals which makers of the constitution intended to achieve through that constitution.