Preamble of the Constitution

This Chapter on ‘Preamble of the Constitution‘ is a part of the Indian Polity Course for UPSC

Introduction

• Adoption Dates of Preamble:
  – Into Constituent Assembly: January 22, 1947
  – Formally into Constitution: November 26, 1949

• Influence of American Constitution: American Constitution set the precedent with a Preamble.
• Preamble’s Role: Serves as a brief summary of the Constitution.
• Indian Preamble’s Origin: Rooted in the ‘Objectives Resolution’ drafted by Pandit Nehru.
• Often called the ‘Identity card of the Constitution.’

Text of the Preamble

“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 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 ADOPT, ENACT, and GIVE OURSELVES THIS CONSTITUTION.”

Note: Preamble can also be read at this Official Governement Website

Ingredients of the Preamble

• Source of Authority: Derives authority from the people of India.
• Nature of Indian State: Sovereign, socialist, secular, democratic, and republican.
• Objectives: Justice, liberty, equality, fraternity.

Key Words in the Preamble

• Sovereign: Signifies India’s independence and self-governance.
• Socialist: Reflects commitment to social and economic justice.
• Secular: Emphasizes equal treatment of all religions.
• Democratic: Establishes a government based on popular sovereignty.
• Republic: Denotes an elected head and no privileged class.

Significance of the Preamble

• Fundamental Values and Philosophy: Houses the core principles of the Constitution.
• Vision of Framers: Reflects the framers’ aspirations for a just and equitable society.
• Understanding Constitution’s Purpose: Serves as a guide for interpreting the Constitution.

Preamble as Part of the Constitution

• Initial Controversy: Debate over whether it’s a legally binding part of the Constitution.
• Later Recognition: Acknowledged as an integral part guiding interpretation.

Major Court Hearings

• Berubari Union Case (1960):
  • Initially viewed Preamble as non-constitutional.
• Kesavananda Bharati Case (1973):
  • Preamble’s basic features unalterable.
  • Established Preamble’s integral status.
• LIC of India Case (1995):
  • Reaffirmed Preamble’s integration into the Constitution.

Amending the Preamble

• Amendment under Article 368:
  • Permissible with limits specified in Article 368.
• Limits on Amendment:
  • Core Preamble principles cannot be altered.
• 1976 Amendment:
  • Done by 42nd Constitutional Amendment Act
  • The only ammendment of Preamble till now
  • Added words “Socialist, Secular, Integrity” in the Preamble
  • Deemed valid and aligned with the socio-political context.

MCQs