Laxmikanth Summary: Preamble of the Constitution | Indian Polity for UPSC CSE PDF Download

The American Constitution was the first to begin with a Preamble. The Preamble to the Indian Constitution is based on the "Objectives Resolution', drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly. It has been amended by the 42nd Constitutional Amendment Act t.1976), which added three new words - socialist, secular and integrity.

Text of the Preamble

The Preamble in its present form reads:

Ingredients of the Preamble

1. Source of Authority of the Constitution: The Preamble explains that the Constitution gets its power from the people of India.
2. Nature of the Indian State: It describes India as a sovereign, socialist, secular democratic, and republican system.
3. Objectives of the Constitution: It outlines justice, liberty, equality, and fraternity as its goals.
4. Date of Adoption of the Constitution: It designates November 26, 1949, as the official adoption date.

Key Words in the Preamble

Certain key words—Sovereign, Socialist, Secular, Democratic, Republic, Justice, Liberty, Equality and Fraternity—are explained as follows:

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1. Sovereign

• The term sovereign means that India is not controlled by any other country, but is free to govern itself internally and externally.
• In 1949, India affirmed it is a full member of the Commonwealth of Nations and recognizes the British Crown as its head, but this does not affect its independence.
• India's participation in the United Nations does not limit its sovereignty. As a sovereign nation, India can acquire or cede territory.

2. Socialist

• Even before the term 'socialist' was included by the 42nd Amendment in 1976, the Constitution already had a socialist essence through certain Directive Principles of State Policy.
• India was under British rule until the Indian Independence Act of 1947. From August 15, 1947, to January 26, 1950, India was a dominion in the British Commonwealth of Nations. On January 26, 1950, India became a sovereign republic.
• In 1949, Pandit Nehru reassured the Constituent Assembly that alliances do not compromise a nation's independence. Membership in the Commonwealth of Nations did not entail binding commitments.
• India joined the UNO in 1945. The socialist essence in the Constitution was made explicit through the Preamble.
• The Congress party aimed for a 'socialistic pattern of society' since its Avadi session in 1955, focusing on democratic socialism rather than state socialism.
• Indian socialism combines elements of Marxism and Gandhism, leaning more towards Gandhian principles. The economic reforms in 1991 moved India towards liberalization, privatization, and globalization, altering its socialist stance.

3. Secular

• The term "secular’ too was added by the 42nd Constitutional Amendment Act of 1976. However, as the Supreme Court said in 1974, although the words "secular state’ were not expressedly mentioned in the Constitution, there can be no doubt that Constitution-makers wanted to establish such a state and accordingly Articles 25 to 28 (guaranteeing the fundamental right to freedom of religion) have been included in the constitution. 
• The Indian Constitution all religions in our country have the same status and support from the state.

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4. Democratic

•  A democratic system, as mentioned in the Preamble, is built on the idea of power belonging to the people. 
• States can be categorized based on their stance towards religion: 
  • Atheistic State: Opposes all religions. 
  • Theocratic State: Favors one religion as the state religion (e.g., Bangladesh, Burma, Sri Lanka, Pakistan). 
  • Secular State: Neutral on religion, does not endorse any specific religion as the state religion (e.g., USA, India). 
•  The concept of secularism in India emphasizes freedom of faith and worship for all religions, with the state treating all religions equally. 
•  Democracy, from the Greek words for 'People' and 'rule', can be direct (e.g., Switzerland) or indirect. In indirect democracy, elected representatives govern and make laws. 
•  India follows a representative parliamentary democracy where the executive is accountable to the legislature. Key features include universal adult franchise, periodic elections, rule of law, independence of judiciary, and non-discrimination. 
•  The term 'democratic' in the Preamble encompasses political, social, and economic democracy, as outlined by Dr. Ambedkar. 
•  Various democratic tools like Referendum, Initiative, Recall, and Plebiscite empower citizens in decision-making processes. 
•  Liberty, equality, and fraternity are essential pillars of democracy, with the Constitution aiming for a just and egalitarian social order. 

5. Republic

• The term ‘republic' in our Preamble indicates that India has an elected head called the president. He is elected indirectly for a fixed period of five years. 
• A republic also means two more things: one, vesting of political sovereignty in the people and not in a single individual like a king; second, the absence of any privileged class and hence all public offices being opened to every citizen without any discrimination.

6. Justice: Social, Economic, and Political

• The objective of ensuring justice in Indian society is to create a fair, impartial, and equal system for all citizens.
• Social justice aims to provide equal opportunities and treatment to all individuals, regardless of their caste, religion, gender, or economic status.
• Economic justice focuses on providing equal opportunities for all citizens to participate in the economy and enjoy the benefits of economic growth.
• Lastly, political justice ensures that all citizens have the right to participate in the political process and decision-making, as well as equal protection under the law.

7. Liberty: of thought, expression, belief, faith, and worship

• The Indian state aims to guarantee the freedom of thought, expression, belief, faith, and worship to all its citizens.
• This objective promotes a diverse and tolerant society where individuals have the right to express their opinions, practice their religion, and follow their beliefs without fear of discrimination or persecution.
• By ensuring these liberties, the Indian state fosters an environment in which the free exchange of ideas and knowledge can flourish, contributing to the nation's progress.

8. Equality

• The term equality means that everyone should have the same opportunities without any unfair advantages.
• The Preamble of India ensures that all citizens have equal status and chances.
• Equality in India includes civic, political, and economic aspects.
• Fundamental Rights in India ensure civic equality through: 
  • Equality before the law (Article 14)
  • No discrimination based on religion, race, caste, sex, or place of birth (Article 15)
  • Equal opportunities in public employment (Article 16)
  • Abolition of untouchability (Article 17)
  • Abolition of titles (Article 18)
• Political equality is guaranteed through: 
  • No one can be kept out of voting lists based on religion, race, caste, or sex (Article 325)
  • Elections are based on adult suffrage for the Lok Sabha and state assemblies (Article 326)
• Directive Principles of State Policy (Article 39) ensure equal rights for men and women regarding livelihood and fair pay for equal work.

9. Fraternity

• Fraternity means a sense of brotherhood.
• The Constitution encourages this feeling of brotherhood through the system of single citizenship.
• Fundamental Duties (Article 51-A) state that every Indian citizen has the responsibility to promote harmony and a sense of common brotherhood among all Indian people, regardless of differences in religion, language, region, or section.
• The Preamble states that fraternity must ensure two things - the dignity of the individual and the unity and integrity of the nation. The term 'integrity' was added to the preamble by the 42nd Constitutional Amendment in 1976.
• According to K.M. Munshi, a member of the Drafting Committee of the Constituent Assembly, the phrase 'dignity of the individual' signifies that the Constitution not only guarantees material improvement and a democratic system but also acknowledges that each person's personality is sacred.
• This is demonstrated through certain provisions of Fundamental Rights and Directive Principles of State Policy, which safeguard the dignity of individuals. Additionally, Fundamental Duties (Article 51-A) safeguard the dignity of women by requiring every Indian citizen to reject practices that diminish women's dignity, and also to defend the sovereignty, unity, and integrity of India.
• The expression 'unity and integrity of the nation' encompasses both the psychological and territorial aspects of national integration. Article 1 of the Constitution describes India as a 'Union of States' to emphasize that states do not have the right to break away from the Union, underlining the unbreakable nature of the Indian Union. Its purpose is to overcome obstacles to national integration such as communalism, regionalism, casteism, linguism, secessionism, and more. 

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Significance of the Preamble

• The Preamble holds the core beliefs and essential principles—political, moral, and religious—on which the Constitution is built. It showcases the grand vision and noble ideals of the Constituent Assembly, reflecting the hopes and ambitions of the founding figures of the Constitution.
• In the words of Sir Alladi Krishnaswami Iyer, a member of the Constituent Assembly who played a significant role in shaping the Constitution, the Preamble represents what they had long envisioned and desired.
• According to K.M. Munshi, a member of the Drafting Committee of the Constituent Assembly, the Preamble acts as the 'horoscope' of our independent democratic republic.
• Pandit Thakur Das Bhargava, another member of the Constituent Assembly, emphasized the significance of the Preamble, calling it the most valuable part of the Constitution, the essence of the Constitution, and a crucial measure of its value.
• Sir Ernest Barker, a renowned English political scientist, praised the political acumen of the creators of the Preamble, labeling it as the 'keynote' to the Constitution and even incorporating it in his work, Principles Of Social and Political Theory.
• M. Hidayatullah, a former Chief Justice of India, noted that the Preamble resembles the Declaration of Independence of the United States but goes beyond a mere declaration. It stands as the essence of our Constitution, outlining the structure of our political society and embodying an unyielding determination that only a revolution could change.

Preamble as Part of the Constitution

• In the Berubari Union case (1960), the Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution, the Supreme Court specifically opined that Preamble is not a part of the Constitution. 
• In the Kesavananda Bharati case 17 (1973), the Supreme Court rejected the earlier opinion and held that Preamble is a part of the Constitution. 
• In the LIC of India case(1995) also, the Supreme Court again held that the Preamble is an integral part of the Constitution. Like any other part of the Constitution. 
• However, two things should be noted:
• The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature. 
• It is non-justiciable, that is, its provisions are not enforceable in courts of law.

Amendability of the Preamble

•  The issue of whether the beginning statement (Preamble) of the Constitution can be changed came up in a significant court case called Kesavananda Bharati case in 1973. 
•  It was argued that the beginning statement cannot be changed because it is not a part of the Constitution. 
•  The person bringing the case argued that the power to make changes in Article 368 cannot be used to destroy or harm the basic parts or the most important aspects of the Constitution, which are written in the beginning statement. 
•  However, the highest court, the Supreme Court, decided that the beginning statement is indeed a part of the Constitution. 
•  The Court said that its previous decision in the Berubari Union case in 1960 about this matter was wrong, and it ruled that the beginning statement can be changed, but with the condition that no changes are made to the 'basic features'. 
•  In simpler terms, the Court said that the most important parts or the fundamental aspects of the Constitution found in the beginning statement cannot be modified by a change under Article 368. 
•  The Court said, 'The foundation of our Constitution is based on the principal elements mentioned in the beginning statement. If any of these elements are taken away, the structure will not remain the same, and it will lose its identity. The power to make changes cannot be understood in a way that allows the Parliament to remove any of these fundamental and important characteristics of the system.' 
•  The beginning statement has been changed only once, in 1976, by the 42nd Constitutional Amendment Act, which added three new words—Socialist, Secular, and Integrity—to the beginning statement. 
•  This change was considered legal.