Preamble to the Constitution of India

Last updated March 23, 2024

The Preamble to the Constitution of India presents the principles of the Constitution and indicates the sources of its authority.^[1] The preamble is based on the Objectives Resolution, which was moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 accepted on 22 January 1947 and adopted by the Constituent Assembly on 26 November 1949, coming into force on 26 January 1950, celebrated as the Republic Day of India, and was initially drafted by V. K. Krishna Menon.^[2] Menon explicitly did not include the words "socialist" or "secular", after consultation with Nehru; the text was later amended during the Indian emergency by Indira Gandhi where the words "socialist", "secular" and "integrity" were added.^[3]

Words

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.^[4]

Historical background

The preamble is based on the Objectives Resolution, which was moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 accepted on 22 January 1947 and adopted by the Constituent Assembly on 26 November 1949, coming into force on 26 January 1950.^[5] B. R. Ambedkar said about the 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.^[6]

While the Constituent Assembly was debating the Preamble, there was an argument to rename India the 'Union of Indian Socialistic Republics' as if India was to imitate the U.S.S.R. However, other members were not convinced.^[7]

There was even argument as to whether to include the names of 'God' and 'Gandhi' in the Preamble. The former was outvoted when 68 members voted against 'God'. H.V. Kamath desperately commented, 'This, Sir, is a black day in our annals. God save India'. While the latter - the suggestion to include Gandhi's name, was disapproved by Brajeshwar Prasad who felt that the 'rotten constitution'- which was based on the American Supreme Court cases and Government of India Act and thus not 'Gandhian' in nature, should not carry his name. Prasad said,

"I do not want that the name of Mahatma Gandhi should be incorporated in this Constitution, because it is not a Gandhian Constitution.... If we had a Gandhian Constitution, I would have been the first to offer my support. I do not want that the name of Mahatma Gandhi should be dragged in the rotten Constitution."^[8]

The preamble page, along with other pages of the original Constitution of India, was designed and decorated by the renowned painter Beohar Rammanohar Sinha of Jabalpur who was at Shantiniketan with Acharya Nandalal Bose at that time. Nandalal Bose endorsed Sinha's artwork without any alteration whatsoever. As such, the page bears Sinha's short signature Ram in Devanagari lower-right corner. The calligraphy was done by Prem Behari Narain Raizada.

An integral part of the Indian constitution

The Supreme Court of India originally stated in the Berubari case presidential reference^[9] that the preamble is not an integral part of the Indian constitution, and therefore it is not enforceable in a court of law. However, the same court, in the 1973 Kesavananda case, over-ruled its earlier decisions and recognized that the preamble is a "Basic Structure" of the constitution and it may also be used to interpret ambiguous areas of the constitution where differing interpretations present themselves. In the 1995 case of Union Government vs LIC of India, the Supreme Court once again held that the Preamble is an integral part of the Constitution.

Question of Amendability before emergency

In the Berubari Case (1960), the amendability & the significance of the constitution came into force. A question was raised relating to the powers of the Parliament to cede Indian territory to a foreign country, as an interpretation of Article 3. The Supreme Court had held that the power of Parliament to diminish the area of a state as guaranteed in article 3 of the Constitution does not cover cession of the Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign country only by means of amendment of the Constitution under the Article 368. Consequently, the 9th Constitutional Amendment Act, 1960 was enacted to transfer the Berubari Union to Bangladesh (erstwhile East Pakistan). Supreme Court also held the view that Preamble cannot be a part of the constitution but later in Kesavananda Bharati Case (1973), the Supreme Court gave a comprehensive verdict. It said that Preamble is part of the Constitution and is subject to the amending power of the parliament as are any other provisions of the Constitution, provided the basic structure of the Constitution is not destroyed.

It has been clarified by the Supreme Court of India that, being a part of the Constitution, the Preamble can be subjected to Constitutional Amendments exercised under article 368, however, the basic structure cannot be altered. Therefore, it is considered as the heart and soul of the Constitution.

Amendments during Indian emergency

As originally enacted the preamble described the state as a "sovereign democratic republic", to which the terms "Secular" and "Socialist" were later passed by the Parliament during The Emergency in the 42nd Amendment.^[3]

The preamble was amended only once on 18 December 1976. During the Emergency in India, the Indira Gandhi government pushed through several changes in the Forty-second Amendment of the constitution. Through this amendment, the words "socialist" and "secular" were added between the words "Sovereign" and "Democratic" and the words "unity of the Nation" were changed to "unity and integrity of the Nation".^[3]

In the year 1994, during the S. R. Bommai v. Union of India case, the Supreme Court of India held that secularism is a part of the basic structure doctrine.

Interpretation

Sovereign

Sovereign means the independent authority of a state—that it has the power to legislate on any subject; and that it is not subject to the control of any other state or external power.

According to the preamble, the constitution of India has been pursuance of the solemn resolution of the people of India to constitute India into a 'Sovereign Socialist Secular Democratic Republic', and to secure well-defined objects set forth in the preamble. Sovereignty denotes supreme and ultimate power. It may be real or normal, legal or political, individual or pluralistic. In monarchies, sovereignty was vested in the person of monarchs. But in republican form of governments, which mostly prevail in the contemporary world, sovereignty is shifted to the elected representatives of the people. According to D.D Basu, the word 'sovereign' is taken from article 5 of the constitution of Ireland. 'Sovereign or supreme power is that which is absolute and uncontrolled within its own sphere'. In the words of Cooley, "A state is sovereign when there resides within itself supreme and absolute power, acknowledging no superior".

Sovereignty, in short, means the independent authority of a state. It has two aspects- external and internal. External sovereignty or sovereignty in international law means the independence of a state of the will of other states, in her conduct with other states in the committee of nations. Sovereign in its relation between states and among states signifies independence. The external sovereignty of India means that it can acquire foreign territory and also cede any part of the Indian territory, subject to limitations (if any) imposed by the constitution. On the other hand, internal sovereignty refers to the relationship between the states and the individuals within its territory. Internal sovereignty relates to internal and domestic affairs, and is divided into four organs, namely, the executive, the legislature, the judiciary and the administrative. Though India became a sovereign country on 26 January 1950, having equal status with the other members of the international community, she decided to remain in the Commonwealth of Nations. Pandit Nehru declared that India will continue – "her full membership of the Commonwealth games of Nations and her acceptance of the King as the symbol of the free association of the independent nations and as such the Head of the Commonwealth". Her membership of the Commonwealth of Nations and that of the United Nations Organization do not affect her sovereignty to any extent. It is merely voluntary association of India and it is open to India to cut off this association at her will, and that it has no constitutional significance.

Socialist

Before the term was added by the 42nd Amendment in 1976, the Constitution had socialist content in the form of certain Directive Principles of State Policy. The term socialist used here refers to social democracy, i.e. achievement of socialist goals through democratic, evolutionary and non-violent means. Essentially, it means that (since wealth is generated socially) wealth should be shared equally by society through distributive justice, not concentrated in the hands of few, and that the government should regulate the ownership of land and industry to reduce socio-economic inequalities.^{[ citation needed ]}

Secular

Secular means that the relationship between the government and religious groups are determined according to constitution and law. It separates the power of the state and religion. By the 42nd Amendment on December 18, 1976, the term "Secular" was also incorporated in the Preamble. There is no difference of religion i.e. Hinduism, Buddhism, Jainism, Sikhism, Christianity and Islam are equally respected and moreover, there is no state religion. All the citizens of India are allowed to profess, practice and propagate their religions. Explaining the meaning of secularism as adopted by India, Alexander Owics has written, "Secularism is a part of the basic structure of the Indian Constitution and it means equal freedom and respect for all religions stated."^{[ This quote needs a citation ]}

Democratic

The people of India elect their governments by a system of universal adult franchise, popularly known as "one person one vote". This representative form of government is suitable for governing the country because of its huge and diverse population. Every citizen of India 18 years of age or older and not otherwise debarred by law is entitled to vote. In case of Mohan Lal Tripathi vs District Magistrate, the term "Democracy" was discussed and it was held that:^{[ citation needed ]}

"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 to political democracy but also to social and economic democracy. The main reason to incorporate democracy is to provide freedom to the people to choose their own representative and to save them from tyrant rulers.

Republic

In a republican form of government, the head of state is elected and not a hereditary monarch. Thus, this word denotes a government where no one holds public power as a proprietary right. As opposed to a monarchy, in which the head of state is appointed on a hereditary basis for life or until abdication, a democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. Thus, India has a president who is indirectly elected and has a fixed term of office. There is an absence of a privileged class and all public offices are open to every citizen without discrimination.

Justice

Justice stands for rule of law, absence of arbitrariness and a system of equal rights, freedom and opportunities for all in a society.

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, decentralization 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 Liberty refers to the freedom on the activities of Indian nationals. This establishes that there are no unreasonable restrictions on Indian citizens in term of what they think, their manner of expressions and the way they wish to follow up their thoughts in action. However, liberty does not mean freedom to do anything, and it must be exercised within the constitutional limits.

Equality

The term 'equality' means the absence of special privilege to any section of society, and the provision of adequate opportunity of all the individuals without any discrimination.

Fraternity

This refers to feeling of oneness and a sense of belonging with the country among its people.

The word "Fraternity" is derived from French word which declares that it 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).

Constitution (Amendment) Bill, 2021

During the 2021 winter session of parliament, a private member sought to introduce a bill to amend the preamble. ^[10]

Related Research Articles

The Constitution of Pakistan, also known as the 1973 Constitution, is the supreme law of Pakistan. The document guides Pakistan's law, political culture, and system. It sets out the state's outline, the fundamental rights of the population, the state's law and orders, and also the structure and establishment of the institutions and the armed forces. Drafted by the government of Zulfikar Ali Bhutto, with additional assistance from the country's opposition parties, it was unanimously approved by the 5th Parliament on 10 April and ratified on 14 August 1973. The first three chapters establish the rules, mandate, and separate powers of the three branches of the government: a bicameral legislature; an executive branch governed by the Prime Minister as chief executive; and an apex federal judiciary headed by Supreme Court. The Constitution designates the President of Pakistan as a ceremonial Head of State who is to represent the unity of the state. The first six articles of the constitution outline the political system as federal parliamentary republic system; as well as Islam as its state religion. The Constitution also encapsulates provisions stipulating the legal system's compliance with Islamic injunctions contained in the Quran and Sunnah.

The Constitution of India is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens, based on the proposal suggested by M. N. Roy. It is the longest written national constitution in the world.

The Constitution of the Republic of Croatia is promulgated by the Croatian Parliament.

The Constitution of Bangladesh, officially the Constitution of the People's Republic of Bangladesh is the supreme law of Bangladesh. The document provides the framework that demarcates the Bangladeshi republic with a unitary, parliamentary democracy, that enshrines fundamental human rights and freedoms, an independent judiciary, democratic local government and a national bureaucracy.

The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties' are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the constitution, which was developed between 1949 by the Constituent Assembly of India.

India since its independence in 1947 has been a secular state. The secular values were enshrined in the constitution of India. India's first prime minister Jawaharlal Nehru and Law Minister B.R Ambedkar are credited with the formation of secular values in the modern history of the country.

The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in Kesavananda Bharati v. State of Kerala, where the doctrine was formally adopted. Bangladesh is perhaps the only legal system in the world which recognizes this doctrine with an expressed, written and rigid constitutional manner through article 7B of its Constitution.

The Fundamental Rights in India enshrined in part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the Fundamental rights are violated the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.

The Directive Principles of State Policy of India are the guidelines to be followed by the government of India for the governance of the country. They are not enforceable by any court, but the principles laid down there are considered 'Fundamental' in the governance of the country, which makes it the duty of the State to apply these principles in making laws to establish a just society in the country. The principles have been inspired by the Directive Principles given in the Constitution of Ireland which are related to socialjustice, economic welfare, foreign policy, and legal and administrative matters.

<span class="mw-page-title-main">Hans Raj Khanna</span> Indian judge (1912–2008)

Hans Raj Khanna was an Indian judge, jurist and advocate who propounded the basic structure doctrine in 1973 and attempted to uphold civil liberties during the time of Emergency in India in a lone dissenting judgement in 1976. He entered the Indian judiciary in 1952 as an Additional District and Sessions Judge and subsequently was elevated as a judge to the Supreme Court of India in 1971 where he continued till his resignation in 1977.

The 42nd amendment, officially known as The Constitution Act, 1976, was enacted during the Emergency by the Indian National Congress government headed by Indira Gandhi.

Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr., also known as the Kesavananda Bharati judgement, was a landmark decision of the Supreme Court of India that outlined the basic structure doctrine of the Indian Constitution. The case is also known as the Fundamental Rights Case. The court in a 7-6 decision asserted its right to strike down amendments to the constitution that were in violation of the fundamental architecture of the constitution.

The Constitution of the Philippines is the constitution or the supreme law of the Republic of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987.

The Constitution of Namibia is the supreme law of the Republic of Namibia. Adopted on 9 February 1990, a month prior to Namibia's independence from apartheid South Africa, it was written by an elected constituent assembly.

The Constitution of 1956 was the fundamental law of Pakistan from March 1956 until the 1958 Pakistani coup d'état. It was the first constitution adopted by independent Pakistan. There were 234 articles 13 parts and 6 schedules.

The Constitution of Jammu and Kashmir was the legal Constitution which established the framework for the state government of the Indian state of Jammu and Kashmir. The constitution was adopted on 17 November 1956, and came into effect on 26 January 1957. It was rendered infructuous on 5 August 2019 by an order signed by the President of India and ceased to be applicable on that date. It also included Ladakh.

The Constitution of Turkey, formally known as the Constitution of the Republic of Türkiye, also known as the Constitution of 1982, is Turkey's fundamental law. It establishes the organization of the government, and sets out the principles and rules of the state's conduct along with its responsibilities in regards to its citizens. The constitution also establishes the rights and responsibilities of the latter while setting the guidelines for the delegation and exercise that sovereignty belongs entirely and without doubt to the people.

Minerva Mills Ltd. and Ors. v. Union Of India and Ors. is a landmark decision of the Supreme Court of India that applied and evolved the basic structure doctrine of the Constitution of India.

The Twenty-fourth Amendment of the Constitution of India, officially known as The Constitution Act, 1971, enables Parliament to dilute Fundamental Rights through Amendments of the Constitution. It also amended article 368 to provide expressly that Parliament has power to amend any provision of the Constitution. The amendment further made it obligatory for the President to give his assent, when a Constitution Amendment Bill was presented to him.

Socialism has been mentioned in several liberal democratic constitutions. It is referenced either in the form of denunciation or in form of construction, namely that the constitution of the state in question proclaim that it seeks to establish a socialist society. In these cases, the intended meaning of the term socialism can vary widely and sometimes the constitutional references to socialism are left over from a previous period in the country's history.

References

↑ Baruah, Aparijita (2006). Preamble of the Constitution of India: An Insight and Comparison with Other Constitutions. New Delhi: Deep & Deep. p. 177. ISBN 978-81-7629-996-1 . Retrieved 12 November 2016.
↑ Ganguly, Sumit (February 2021). "A Chequered Brilliance: The Many Lives of V. K. Krishna Menon. By Jairam Ramesh. New Delhi: Penguin Random House India, 2019. 744 pp. ISBN: 9780670092321 (cloth)". The Journal of Asian Studies. 80 (1): 220–221. doi:10.1017/s0021911820003964. ISSN 0021-9118.
1 2 3 "The Constitution (Forty-Second Amendment) Act, 1976". Government of India. Retrieved 1 December 2010.
↑ "Reconnect with the Preamble | India News - Times of India". The Times of India. 27 January 2020. Retrieved 18 May 2022.
↑ M Laxmikanth (2013). "4". Indian Polity (4th ed.). McGraw Hill Education. p. 4.5. ISBN 978-1-25-906412-8.
↑ "Fundamental rights in The Preamble, Free Law Study material, IAS Law Notes, material for Ancient India Law". www.civilserviceindia.com. Retrieved 11 October 2015.
↑ "Constitution of India". www.constitutionofindia.net. Retrieved 21 May 2022.
↑ "Constitution of India". www.constitutionofindia.net. Retrieved 21 May 2022.
↑ Can Parliament give its territory to a foreign country?, available at Learning the Law.
↑ "Opposition protests after BJP MP seeks to introduce Bill to amend Preamble to the Constitution". Scroll.in. 3 December 2021. Retrieved 8 December 2021.

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.

[1] Baruah, Aparijita (2006). Preamble of the Constitution of India: An Insight and Comparison with Other Constitutions. New Delhi: Deep & Deep. p. 177. ISBN 978-81-7629-996-1 . Retrieved 12 November 2016.

[2] Ganguly, Sumit (February 2021). "A Chequered Brilliance: The Many Lives of V. K. Krishna Menon. By Jairam Ramesh. New Delhi: Penguin Random House India, 2019. 744 pp. ISBN: 9780670092321 (cloth)". The Journal of Asian Studies. 80 (1): 220–221. doi:10.1017/s0021911820003964. ISSN 0021-9118.

[42amend-3] 1 2 3 "The Constitution (Forty-Second Amendment) Act, 1976". Government of India. Retrieved 1 December 2010.

[4] "Reconnect with the Preamble | India News - Times of India". The Times of India. 27 January 2020. Retrieved 18 May 2022.

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

[6] "Fundamental rights in The Preamble, Free Law Study material, IAS Law Notes, material for Ancient India Law". www.civilserviceindia.com. Retrieved 11 October 2015.

[7] "Constitution of India". www.constitutionofindia.net. Retrieved 21 May 2022.

[8] "Constitution of India". www.constitutionofindia.net. Retrieved 21 May 2022.

[9] Can Parliament give its territory to a foreign country?, available at Learning the Law.

[10] "Opposition protests after BJP MP seeks to introduce Bill to amend Preamble to the Constitution". Scroll.in. 3 December 2021. Retrieved 8 December 2021.

[1]

[2]

[3]

[4]

[5]

[6]

[7]

[8]

[9]

[10]