Preamble To The Indian Constitution-1597306232

CONSTITUTIONAL LAW
Preamble to the Indian Constitution

Constitutional Law
Table of Contents: -

Text of the Preamble 3
Meaning and Concept of Preamble 3
Utility of the Preamble in the Indian Constitution 4
Consequences of the Preamble in the Indian Constitution 4
Is Preamble a Part of the Indian Constitution? 8
Amendment of the Preamble 8
Frequently Asked Questions on this topic. 8

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Constitutional Law

1. Text of the Preamble
The preamble of the Indian Constitution reads as under: -

“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.”

2. Meaning and Concept of Preamble
A Preamble is a statement made by the legislature giving the reasons for passing
a particular statute. It is useful in interpreting any lack of certainty within the
statute to which it is prefixed.


Constitutional Law
The ‘Preamble’ of any legislation gives the introduction of a statute. It is also
used to introduce a particular section of a statute or a particular group of
sections of a statute.

3. Utility of the Preamble in the Indian Constitution
Preamble is important for the Indian Constitution for the following reasons: -

1. It, in clear words, explains the aims and aspirations of our Constitution.
2. It also indicates the ideals which our founding fathers intended the successive
governments to accomplish.
3. It, in categorical terms, explains the nature of Indian Polity.
4. It, in lucid terms, details the sort of society which India seeks to establish. Not
only would there be economic justice in the society, but also societal and
political justice. In essence, the idea is towards establishing an egalitarian Indian
Society.
5. As per the Hon’ble Supreme Court in Sajjan Singh v State of Rajasthan (AIR 1955
SC 845), preamble is “an epitome” of the broad features of Constitution which
were an amplification or concretization of the concepts set out in the Preamble.

4. Consequences of the Preamble in the Indian
Constitution
The consequences of Preamble are as follows: -
1. First of all, it has clearly set out the nature of Indian Polity. The opening
part of the Preamble starts as under: -
“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India
into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC”
Before, we venture into the next part, let’s understand the meaning of
each and every term:

a. SOVEREIGN

Sovereign basically means that India is neither a dependency nor a
dominion of any other nation, but an independent State. However, it
is crucial to note that the people of India have resolved to constitute
India into a Sovereign State. Hence, the ultimate authority to decide
the nature of Indian Polity is the people of India. If the people of India
want to change the nature of Indian Polity, then they can do that.

This point is crucial to clear one more thing. In the earlier chapter, we
have studied that the Constitution is supreme in India. Neither the
parliament nor the judiciary is supreme. The Constitution of India is


Constitutional Law
supreme because people of India have given this Constitution to
themselves. Hence, the ultimate authority rests with people and they
can change it whenever they want to.

b. SOCIALIST

The term “Socialist” means that the State would work towards
creating an egalitarian society. The same can be established through
social and economic democracy in the society. The Constitution has
attempted to achieve these two types of democracy through some of
the Fundamental Rights and Directive Principles of State Policy.

c. SECULAR

Secular means that there is no religion of State. India, as a State,
would give equal respect to all the religions. No religion would be
preferentially treated. Also, no religion would be discriminated
against.

d. DEMOCRATIC

Democratic means that supreme power is possessed by people.
People may exercise this power directly or indirectly. India has
chosen indirect democracy. It is also called representative
democracy. Under this, the representatives elected by people
exercise the supreme power and those representatives carry on the
government and make laws.

e. REPUBLIC

Republic means that the Head of the State would be an elected one
and would not get the post through nomination or heredity. The
same is clear in the way the President of India comes to the post. He
is elected indirectly for a fixed period of five years.

2. Secondly, it clarifies the sort of justice the Indian Constitution should aim
to achieve. In this regard, the Preamble reads as under: -

JUSTICE, social, economic and political;

Before, we venture into the next part, let’s understand the meaning of
each and every term:


Constitutional Law
a. Social Justice

Social Justice, in simple terms, would mean that the benefit of a
country’s growth should reach to the people who come from the
lowest strata of the society.

For example: the concept of reservation under Article 15 of the
Constitution of India is an attempt to achieve social justice. It is a way
to get people from the lowest strata come and reap the benefits of
Indian progress.

b. Economic Justice

Economic Justice means that nobody in the country should be
deprived of the fruits of success on the ground of less income or no
income. In other words, poverty of people should not come in
between people and their participation in the country. In order to
achieve this, the State has taken a lot of steps.

One of the examples is this. The recent amendment to the Constitution
by which the benefit of reservation has been extended to people to
the economic grounds is an attempt towards achieving economic
justice.

c. Political Justice

Political justice, simply, means that every citizen of the country,
irrespective of his/ her race, caste, creed, religion, gender, economic
status, educational qualification, profession, etc. has the right to take
part in the political processes of the country.
For example, taking part in the elections to the Lok Sabha and State
Legislative Assembly.

3. Thirdly, it also explains the kind of liberty which an individual is entitled
to. In this regard, the Preamble reads as under: -

LIBERTY of thought, expression, belief, faith and worship

Let’s understand the meaning of each and every term:

a. Liberty of thought

Liberty of thought, in simple words, means giving the individual the
right to think in a way he/ she wishes to think. It also includes the
right not to think.


Constitutional Law
b. Liberty of expression

It means that an individual has a right to express her/himself in a
manner s/he wishes to express. This right is very crucial for people
involved in the creative field.

These rights are very crucial to ensure free exchange of opinion and
information in a society and country.

c. Liberty of belief

It means that an individual has the right to form his/ her own belief
systems.

d. Liberty of faith

This liberty ensures that an individual can choose to have faith in
which practice/ convention/ religion s/he wishes to have faith.

e. Liberty of worship

This liberty ensures an individual can worship the deity which s/he
wants to worship.

The Constitution of India has attempted to provide these liberties to
the individuals in the realistic sense through various articles
contained in the Fundamental Rights and Directive Principles of State
Policy. Article 19 is one such example.

In fact, the Hon’ble Apex Court’s ruling in Puttaswamy’s case wherein
it held that Right to Privacy is a part of Fundamental Right to Life is
reaffirmation of the above ideals enshrined in the Preamble of the
Indian Constitution.

4. Fourthly, it also explains the kind of equality which the Constitution
should aim to achieve. In this regard, the Preamble reads as under: -

EQUALITY of status and of opportunity;
Let’s understand the meaning of each and every term:

a. Equality of status

It basically means that every citizen of India is equal before the eyes
of law irrespective of his position in the society.

b. Equality of opportunity


Constitutional Law
It basically means that every citizen of India is entitled to equal
opportunities irrespective of his position in the society. For example,
the Right to Education Act is an attempt to achieve this aspiration of
our preamble.

The founding fathers attempted to realize these ideals by way of
Article 14 to Article 18 of the Indian Constitution.

For example, the Hon’ble Supreme Court’s earlier decision in the
Sabarimala Case whereby it allowed the entry of women in the
Sabarimala Temple was reaffirmation of the ideal of equality given in
the Preamble. Please note that this case is still pending before the
Court.

5. Lastly, the Preamble also speaks about securing fraternity to all its
citizens by ensuring dignity of the individual and the unity and integrity
of the nation.

The Constitution has attempted to realize this ideal by way of different
provisions in the DPSPs and Fundamental Duties.

For example, Article 39 provides that the State shall take steps to secure
opportunities for healthy development of children. Similarly, under Article
51A(d), it is the duty of every citizen of India to defend the country and
render national service when called upon to do so.

5. Is Preamble a Part of the Indian Constitution?
In Berubari’s case (AIR 1960 SC 858), the Hon’ble Apex Court held that preamble is not
a part of the Constitution and it does not impose any limitations of the powers of the
Parliament. However, in the subsequent case, i.e. Keshavanand’s Case (AIR 1973 SC
1467), the Apex Court held that Preamble is a part of the Indian Constitution.

6. Amendment of the Preamble
The Hon’ble Supreme Court in Keshavanand’s Case (AIR 1973 SC 1467) held that
preamble can be amended, but ‘basic features’ in it cannot be amended. For example,
the words “Sovereign Democratic Republic” in the preamble.

7. Frequently Asked Questions on this topic.
a. Which of the following is not there in the preamble of the Indian Constitution?

i. Economic Justice
ii. Political Justice


Constitutional Law
iii. Social Justice

iv. Distributive Justice

b. Which of the following finds a place in the preamble of the Indian Constitution?

i. Separation of Powers
ii. Representative Democracy
iii. Parliamentary Democracy
iv. Democratic


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CONSTITUTIONAL LAW

Preamble to the Indian Constitution

Meaning and Concept of Preamble 3

Utility of the Preamble in the Indian Constitution 4

Consequences of the Preamble in the Indian Constitution 4

Is Preamble a Part of the Indian Constitution? 8

Amendment of the Preamble 8

Frequently Asked Questions on this topic. 8

iii. Social Justice

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