Preamble to the

Constitution of India

The Preamble t o t he Const it ut ion of India present s t he principles of t he Const it ut ion and
indicat es t he sources of it s aut horit y[1] It was adopt ed on 26 November 1949 by t he Const it uent
Assembly and came int o effect on 26 January 1950, celebrat ed as t he Republic day in India.

Original text (https://www.wdl.org/en/item/2672/view/1/1/) of the preamble. Beohar Rammanohar Sinha was the
artist for the original manuscript calligraphed by Prem Behari Narain Raizada.
 Text

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]

Historic background

The preamble is based on t he Object ives Resolut ion, which was draft ed and moved in t he
Const it uent Assembly by Jawaharlal Nehru on 13 December 1946 and adopt ed by Const it uent
Assembly on 22 January 1947.[3] B. R. Ambedkar said about t he preamble:

It was, indeed, a way of life, which recognizes liberty, equality, and

fraternity as the principles of life and which cannot be divorced from
each other: Liberty cannot be divorced from equality; equality cannot
be divorced from liberty. Nor can liberty and equality be divorced from
fraternity. Without equality, liberty would produce the supremacy of
the few over the many. Equality without liberty would kill individual
 initiative. Without fraternity, liberty and equality could not become a
natural course of things.[4]

The Supreme Court of India originally st at ed in t he Berubari case president ial reference [5] t hat
t he preamble is not an int egral part of t he Indian const it ut ion, and t herefore it is not enforceable
in a court of law. However, t he same court , in t he 1973 Kesavananda case, over-ruled earlier
decisions and recognized t hat t he preamble may be used t o int erpret ambiguous areas of t he
const it ut ion where differing int erpret at ions present t hemselves. In t he 1995 case of Union
Government Vs LIC of India, t he Supreme Court once again held t hat t he Preamble is an int egral
part of t he Const it ut ion.

As originally enact ed t he preamble described t he st at e as a "sovereign democrat ic republic", t o

which t he t erms "Secular" and "Socialist " were lat er passed by a Capt ive Parliament during The
Emergency in t he 42nd Amendment .[6]

The preamble-page, along wit h ot her pages of t he original Const it ut ion of India, was designed
and decorat ed by t he renowned paint er Beohar Rammanohar Sinha of Jabalpur who was at
Shant iniket an wit h Acharya Nandalal Bose at t hat t ime. Nandalal Bose endorsed Beohar
Rammanohar Sinha's art work wit hout any alt erat ion what soever. As such, t he page bears Beohar
Rammanohar Sinha's short signat ure Ram in Devanagari lower-right corner. The calligraphy was
done by Prem Behari Narain Raizada.

The preamble was amended only once on 18 December 1976, wit h most of t he opposit ion being
jailed during t he Emergency in India, t he Indira Gandhi government pushed t hrough several
changes in t he Fort y-second Amendment of t he const it ut ion. Through t his amendment , t he
words "socialist " and "secular" were added bet ween t he words "Sovereign" and "democrat ic" and
t he words "unit y of t he Nat ion" were changed t o "unit y and int egrit y of t he Nat ion".[6]

Interpretation

Sovereign

Sovereign means t he independent aut horit y of a St at e. It means, t hat it has t he power t o

legislat e on any subject ; and t hat it is not subject t o t he cont rol of any ot her St at e / ext ernal
power.

According t o t he preamble, t he const it ut ion of India has been pursuance of t he solemn

resolut ion of t he people of India t o const it ut e India int o a ‘Sovereign Democrat ic Republic’, and
t o secure well-defined object s set fort h in t he preamble. Sovereignt y denot es supreme and
ult imat e power. It may be real or normal, legal or polit ical, individual or pluralist ic. In monarchies,
sovereignt y was vest ed in t he person of monarchs. But in republican form of government s, which
most ly prevail in t he cont emporary world, sovereignt y is shift ed t o t he elect ed represent at ives
of t he people. According t o D.D Basu, t he word ‘sovereign’ is t aken from art icle 5 of t he
const it ut ion of Ireland. ‘Sovereign or supreme power is t hat which is absolut e and uncont rolled
wit hin it s own sphere’. In t he words of Cooley, "A st at e is sovereign when t here resides wit hin
it self supreme and absolut e power, acknowledging no superior".

Sovereignt y, in short , means t he independent aut horit y of a st at e. It has t wo aspect s- ext ernal
and int ernal. Ext ernal sovereignt y or sovereignt y in int ernat ional law means t he independence of
a st at e of t he will of ot her st at es, in her conduct wit h ot her st at es in t he commit t ee of nat ions.
Sovereign in it s relat ion bet ween st at es and among st at es signifies independence. The ext ernal
sovereignt y of India means t hat it can acquire foreign t errit ory and also cede any part of t he
Indian t errit ory, subject t o limit at ions (if any) imposed by t he const it ut ion. On t he ot her hand,
int ernal sovereignt y refers t o t he relat ionship bet ween t he st at es and t he individuals wit hin it s
t errit ory. Int ernal sovereignt y relat es t o int ernal and domest ic affairs, and is divided int o four
organs, namely, t he execut ive, t he legislat ure, t he judiciary and t he administ rat ive. Though India
became a sovereign count ry on 26 January 1950, having equal st at us wit h t he ot her members of
t he int ernat ional communit y, she decided t o remain in t he Commonwealt h of Nat ions. Pandit
Nehru declared t hat India will cont inue – "her full membership of t he Commonwealt h games of
Nat ions and her accept ance of t he King as t he symbol of t he free associat ion of t he
independent nat ions and as such t he Head of t he Commonwealt h". Her membership of t he
Commonwealt h of Nat ions and t hat of t he Unit ed Nat ions Organizat ion do not affect her
sovereignt y t o any ext ent . It is merely volunt ary associat ion of India and it is open t o India t o cut
off t his associat ion at her will, and t hat it has no const it ut ional significance.

Socialist

Before t he t erm was added by t he 42nd Amendment in 1976, t he Const it ut ion had socialist
cont ent in t he form of cert ain Direct ive Principles of St at e Policy. The t erm socialist used here
refers t o democrat ic socialism, i.e. achievement of socialist goals t hrough democrat ic,
evolut ionary and non-violent means. Essent ially, it means t hat (since wealt h is generat ed socially)
wealt h should be shared equally by societ y t hrough dist ribut ive just ice, not concent rat ed in t he
hands of few, and t hat t he government should regulat e t he ownership of land and indust ry t o
reduce socio-economic inequalit ies.
Secular

Secular means t hat t he relat ionship bet ween t he government and religious groups are
det ermined according t o const it ut ion and law. It separat es t he power of t he st at e and religion.
By t he 42nd Amendment in 1976, t he t erm "Secular" was also incorporat ed in t he Preamble.
There is no difference of religion i.e. Hinduism, Buddhism, Jainism, Sikhism, Christ ianit y and Islam
are equally respect ed and moreover, t here is no st at e religion. All t he cit izens of India are allowed
t o profess, pract ice and propagat e. Explaining t he meaning of secularism as adopt ed by India,
Alexander Owics has writ t en, "Secularism is a part of t he basic st ruct ure of t he Indian
Const it ut ion and it means equal freedom and respect for all religions."

Democratic

The people of India elect t heir government s by a syst em of universal adult franchise, popularly
known as "one person one vot e". This represent at ive form of government is suit able for
governing t he count ry because of it s huge and diverse populat ion. Every cit izen of India 18 years
of age or older and not ot herwise debarred by law is ent it led t o vot e. In case of "Mohan Lal
Tripat hi vs Dist rict magist rat e" t he t erm "Democracy" was discussed and it was held t hat :-

" Democracy is a concept of political philosophy,

an ideal which is practiced by many nations that are culturally
advanced and politically mature via resorting to governance by
representative of people directly or indirectly."

The word democratic refers not only t o polit ical democracy but also t o social and economic
democracy.
The main reason t o incorporat e democracy is t o provide freedom t o t he people t o
choose t here own represent at ive and t o save t hem from t yrant rulers.

Republic

In a republican form of government , t he head of st at e is elect ed and not a heredit ary monarch.
Thus, t his word denot es a government where no one holds public power as a propriet ary right . As
opposed t o a monarchy, in which t he head of st at e is appoint ed on a heredit ary basis for life or
unt il abdicat ion, a democrat ic republic is an ent it y in which t he head of st at e is elect ed, direct ly
or indirect ly, for a fixed t enure.
Thus, India has a president who is indirect ly elect ed and has a
fixed t erm of office. There's an absence of a privileged class and all public offices are open t o
every cit izen wit hout discriminat ion.

Justice

Just ice st ands for rule of law, absence of arbit rariness and a syst em of equal right s, freedom
and opport unit ies for all in a societ y.

India seeks social, economic and political justice to ensure equality to

its citizens.

(i) Social Justice:

Social Justice means the absence of socially privileged classes in the

society and no discrimination against any citizen on grounds of caste,
creed, color, religion, gender or place of birth. India stands for
eliminating all forms of exploitations from the society.

(ii) Economic Justice:

Economic Justice means no discrimination between man and woman on

the basis of income, wealth and economic status. It stands for equitable
distribution of wealth, economic equalities, the end of monopolistic
control over means of production and distribution, decentralisation of
economic resources, and the securing of adequate opportunities to all
for earning their living.

(iii) Political Justice:

Political justice means equal, free and fair opportunities to the people
for participation in the political process. It stands for the grant of equal
political rights to all the people without discrimination. The
Constitution of India provides for a liberal democracy in which all the
people have the right and freedom to participate.

Liberty
The idea of Libert y refers t o t he freedom on t he act ivit ies of Indian nat ionals. This est ablishes
t hat t here are no unreasonable rest rict ions on Indian cit izens in t erm of what t hey t hink, t heir
manner of expressions and t he way t hey wish t o follow up t heir t hought s in act ion. However,
libert y does not mean freedom t o do anyt hing, and it must be exercised wit hin t he const it ut ional
limit s.

Equality

The t erm 'equalit y' means t he absence of special privilege t o any sect ion of societ y, and t he
provision of adequat e opport unit y of all t he individuals wit hout any discriminat ion.

Fraternity

This refers t o a feeling of brot herhood and sist erhood and a sense of belonging wit h t he count ry
among it s people.

The Preamble declares that fraternity has to assure two things—the

dignity of the individual and the unity and integrity of the nation. The
word 'integrity' has been added to the Preamble by the 42nd
Constitutional Amendment (1976).

Amendability

In t he Berubari Case (1960), t he amendabilit y & t he significance of t he const it ut ion came int o
force. An import ant & very int erest ing quest ion was raised relat ing t o t he powers of t he
Parliament t o cede Indian t errit ory t o a foreign count ry, as an int erpret at ion of t he Art icle 3. The
Supreme Court had held t hat t he power of Parliament t o diminish t he area of a st at e as
guarant eed in art icle 3 of t he Const it ut ion does not cover cession of t he Indian t errit ory t o a
foreign count ry. Hence, Indian t errit ory can be ceded t o a foreign count ry only by means of
amendment of t he Const it ut ion under t he Art icle 368. Consequent ly, t he 9t h Const it ut ional
Amendment Act , 1960 was enact ed t o t ransfer t he Berubari Union t o Bangladesh (erst while East
Pakist an). Supreme Court also held t he view t hat Preamble cannot be a part of t he const it ut ion
but lat er in Kesavananda Bharat i Case (1973), t he Supreme Court gave a comprehensive verdict .
It said t hat Preamble is part of t he Const it ut ion and is subject t o t he amending power of t he
parliament as are any ot her provisions of t he Const it ut ion, provided t he basic st ruct ure of t he
Const it ut ion is not dest royed.
It has been clarified by t he Supreme Court of India t hat , being a part of t he Const it ut ion, t he
Preamble can be subject ed t o Const it ut ional Amendment s exercised under art icle 368, however,
t he basic st ruct ure cannot be alt ered. Therefore, it is considered as t he heart and soul of t he
Const it ut ion.

Forty-second Amendment

The preamble has been amended only once so far. On 18 December 1976, during t he Emergency
in India, t he Indira Gandhi government pushed t hrough several changes in t he Fort y-second
Amendment of t he const it ut ion. A commit t ee under t he chairmanship of Sardar Swaran Singh
recommended t hat t his amendment be enact ed aft er being consult ed t o st udy t he quest ion of
amending t he const it ut ion in t he light of past experience. Through t his amendment , t he words
"socialist " and "secular" were added bet ween t he words "Sovereign" and "democrat ic" and t he
words "unit y of t he Nat ion" were changed t o "unit y and int egrit y of t he Nat ion".[6]

Constitution (Amendment) Bill, 2021

During t he 2021 wint er session of parliament , a privat e member sought t o int roduce a bill t o
amend t he preamble.[7]

References

1. Baruah, Aparijita (2006). Preamble of the Constitution of India: An Insight and Comparison
with Other Constitutions (https://books.google.com/books?id=aPujAJ1UVqUC&pg=PA17
7) . New Delhi: Deep & Deep. p. 177. ISBN 978-81-7629-996-1. Retrieved 12 November
2016.

2. "Image 7 of the Constitution of India" (https://www.loc.gov/resource/llscd.57026883/?sp=7

&r=-0.349,0.216,1.21,0.663,0) . Library of Congress.

3. M Laxmikanth (2013). "4". Indian Polity (4th ed.). McGraw Hill Education. p. 4.5. ISBN 978-1-
25-906412-8.

4. "Fundamental rights in The Preamble,Free Law Study material,IAS Law Notes,material for
Ancient India Law" (http://www.civilserviceindia.com/subject/Law/notes/fundamental-right
-Preamble.html) . www.civilserviceindia.com. Retrieved 11 October 2015.
 5. Can Parliament give its territory to a foreign country? (http://www.learningthelaw.in/2016/0
8/can-parliament-give-its-territory-to.html) , available at Learning the Law.

6. "The Constitution (Forty-Second Amendment) Act, 1976" (http://indiacode.nic.in/coiweb/a

mend/amend42.htm) . Government of India. Retrieved 1 December 2010.

7. "Opposition protests after BJP MP seeks to introduce Bill to amend Preamble to the
Constitution" (https://scroll.in/latest/1012062/opposition-protests-after-bjp-mp-seeks-to-in
troduce-bill-to-amend-preamble-to-the-constitution) . Scroll.in. 3 December 2021.
Retrieved 8 December 2021.

Retrieved from
"https://en.wikipedia.org/w/index.php?
title=Preamble_to_the_Constitution_of_India&oldi
d=1066419471"

Last edit ed 6 hours ago by Anshuman U