Preamble of the Indian Constitution

Introduction

The Constitution is the bedrock upon which a nation is built. It serves as the supreme law of the land, establishing the fundamental principles that govern the country’s operation. These principles act as a blueprint, outlining the structure and powers of the government, the fundamental rights of the people, and the core values that bind society together. Imagine a grand building – the constitution is the meticulously crafted architectural plan, ensuring its stability, functionality, and aesthetic appeal.

The Indian Constitution’s Preamble holds a particularly significant position. It transcends the role of a mere introduction, earning the distinction of being considered the soul of the document. The preamble outlines the aspirations and objectives that the constitution’s framers intended to realize through its establishment.[1] The Preamble encapsulates the very essence of what India stands for – its core values, its commitment to a specific form of government, and the goals it aspires to achieve for its citizens. It serves as a permanent and powerful guiding light, not just for the interpretation of the Constitution’s provisions, but also for the actions and policies undertaken by the government. Therefore; it is described as ‘a key to open the mind of makers’ of the Constitution.[2] In essence, the Preamble defines the very character of the Indian nation, shaping its present and charting its course for the future.

Significance and Objectives of the Preamble

The meticulously drafted Preamble of the Indian Constitution, with each word holding significant meaning, summarizes the entire document’s principles, philosophies, and morals in just 85 words. Originally enacted with 81 words, it gained four crucial additions (“Socialist,” “Secular,” and “Integrity”) through the 42nd Amendment Act. This highlights the importance of each word in the Preamble, which stands in contrast to the Constitution’s vast expanse of 448 Articles, 25 Parts, and 12 Schedules. The Preamble entails certain keywords which can be broken down in the following ways:

1. To constitute India as Sovereign, Socialist, Secular, Democratic, Republic

Sovereign: It explains the autonomy of the nation. Sovereignty means that India has the supreme power to govern and manage all its internal affairs and also its relationship with other external forces without any interference from any other country or external authority[3]. Sovereignty elucidates the significance of India’s independence and its right of self determination.  The core concept of sovereignty allows India to act on its own terms while formulating policies, deciding to become part of an organization, and also to manage its defense free from outside control effectively.

Socialist: The term ‘Socialist’ has been used in the preamble to signify India’s aspirations to strive for social and economic equality for its citizens. The word was added to eliminate disparity in income, standard and status of life of the people.[4] It is the primary duty of the State to ensure equitable distribution of wealth among its citizens. This term signifies India’s commitment to bridge the gap between rich and poor, providing basic necessities and opportunities for all its citizens.

Secular: India treats all religions with equal respect and does not favor any particular faith. The government remains neutral in religious matters, allowing citizens the freedom to practice, profess, and propagate their religion.

In S.R. Bommai v. Union of India[5], ‘Secularism’ was declared as a part of basic structure. This fosters religious tolerance and harmony in a nation with a diverse religious landscape. It prevents discrimination based on religion and guarantees equal rights for all citizens, regardless of their faith.

Democratic: Democracy has been an important pillar of India, as enshrined in the preamble as well. Democracy means ‘government by the people, of the people, and for the people’. The right to participate in the democracy has been conferred upon the people through the principle of universal adult franchise enshrined under Article 326 of the Constitution.[6] This term signifies that the people of India elect their representatives through elections and hold them accountable for the state of affairs of the country.

Republic: The term ‘Republic’ mentioned in the preamble means that the head of the State of India is an elected president and not a monarch. It means that the actual power rests with the people who have the choice in electing their leaders.

2. To secure Justice, Liberty and Equality.

The concepts of justice, liberty, and equality form a trinity that underpins the Constitution. These principles in the Preamble are inseparable. While each concept has its own significance, it is also enriched by the others.

For example, justice cannot be fully understood without considering liberty and equality. Similarly, “socialist” gains meaning within the context of a “secular” and “democratic” republic.

Article 14 exemplifies this interconnectedness. Untouchability, a social injustice, is abolished by this article, promoting social justice. This same principle is also implicit in Article 21, which guarantees the right to life and dignity. A violation of social justice would inherently violate the dignity of life enshrined in Article 21. Thus, social justice finds resonance in both articles.

3. To promote among them all Fraternity

Fraternity is the ultimate goal of the Constitution.

The concept of constituting India into a Sovereign, Socialist, Secular, Democratic, Republic, and to assure Justice, Liberty and Equality is to further the ultimate goal of promoting fraternity.

The above mentioned principles pave the way for fostering fraternity amongst the people.

For instance, secularism aims to respect all religions and treat them equally, it reduces social tensions and fosters a sense of shared identity among people from diverse faiths. This creates a stronger foundation for fraternity.

Similarly, a fair and just legal system ensures everyone is treated equally, reducing social divisions and promoting a sense of belonging, which strengthens fraternity.

4. To assure Unity, Integrity, and Dignity

The Constitution, through its commitment to justice, equality, and secularism, fosters a sense of fraternity among its citizens.

This spirit of brotherhood transcends differences, encouraging mutual respect for dignity and individual rights[7].

When citizens feel valued and united, social cohesion strengthens. This unified society, in turn, becomes the bedrock of a strong nation, promoting national integrity and creating a fertile ground for a flourishing democracy.

Critical Analysis

1. Can the Preamble be amended?

The landmark case of Minerva Mills v. Union of India[8] tackled a crucial question: can the Constitution’s Preamble, which lays out the nation’s fundamental ideals, be changed? The court’s answer was a resounding yes. It recognized that the Preamble is not a static document, but one that can be amended through a process outlined in the Constitution itself. This allows for positive changes that further clarify the Preamble’s meaning and ensure it remains relevant in a changing world.

Just like a house can be renovated while maintaining its core design, the Preamble can be amended to better reflect the evolving needs and aspirations of the people. This reinforces the idea that the Constitution is a “living document,” one that can adapt to new situations while staying true to its core values. A good example of this concept in action is the 42nd Amendment. This amendment added just four key words to the Preamble, but their significance was far-reaching. It aimed to make the Preamble’s ideals even more explicit, essentially bringing to light what was already present but perhaps not as clearly stated. This demonstrates how amendments can be used to strengthen the Preamble’s role as a guiding light for the nation.

2. Is Preamble part of the Constitution?

The status of the Preamble in Indian law has been the subject of fascinating and contrasting interpretations in two landmark judgments. In the Berubari Union case, the court likened the Preamble to a play’s preface. While not technically part of the performance itself, the preface provides crucial context for understanding the characters’ motivations and the overall theme. Similarly, the court held that the Preamble, though not a source of legal power or limitations, serves as a key to unlock the framers’ intent and interpret the Constitution’s provisions more effectively.

Conversely, the Kesavananda Bharati v. State of Kerala[9] judgment offered a different analogy. It acknowledged the Preamble’s unique position compared to a book’s introduction. Unlike a standard introduction that simply summarizes the content, the Preamble is considered part of the Constitution itself. However, it was deemed “non-operative,” meaning it doesn’t have the direct, forceful impact of the subsequent chapters. Similar to the Berubari Union case, the court recognized the Preamble’s importance in interpretation but not as a direct source of legal power or limitations.

Interestingly, Kesavananda Bharati went further, suggesting the Preamble reflects the “basic structure” of the Constitution rather than being its source. This “basic structure” can be compared to the foundation of a house. The foundation itself isn’t a room you can live in, but it’s crucial for the entire structure’s stability. Likewise, the Preamble embodies the core principles upon which the Constitution rests, even if it doesn’t directly dictate specific legal actions.

Source of Power

The opening line of the Indian Constitution’s Preamble, “We, the people of India,” is a powerful declaration that establishes the citizens of India as the ultimate source of authority and legitimacy for the Constitution itself. This isn’t just a symbolic statement; it has profound implications for the way India functions as a democratic republic. Let’s delve deeper into how the Preamble achieves this:

• Sovereignty by the People: The phrase “We, the people of India” makes it abundantly clear that the power to create and govern the country rests with the citizens[10]. It rejects the notion of a divinely ordained ruler or an external power dictating the nation’s course. The Constitution derives its legitimacy and binding force from the will of the people, not from any other source.
• Active Consent and Empowerment: The use of the word “We” signifies the active consent and participation of the people in establishing the Constitution. It doesn’t portray the document as something imposed upon them, but rather a product of their collective will. This empowers the people to hold the government accountable to the principles enshrined in the Preamble.
• Concept of Popular Supremacy: By stating that “We, the people of India, adopt, enact and give to ourselves this Constitution,” the Preamble establishes the supremacy of the people over the government. The government is not the source of power; it is an entity created by the people to serve their needs and aspirations, as outlined in the Constitution.
• Power of Amendment: The Constitution, unlike some rigid documents, allows for amendments. This reinforces the notion that the power ultimately resides with the people. They can, through a defined process, modify the document to reflect changing times and societal needs.
• Foundation for Democracy: The concept of popular sovereignty laid out in the Preamble forms the bedrock of India’s democratic system. It ensures that the government derives its mandate from the people and remains accountable to them. This fosters a sense of ownership and participation among citizens in the country’s governance.

Conclusion

The Preamble’s enduring significance lies in its ability to provide a timeless framework for India’s growth and development. While the Constitution’s articles offer specific legal provisions, the Preamble establishes the overarching ideals that guide their interpretation and application. In a dynamic world, the Preamble’s core values – justice, liberty, equality, fraternity, and a commitment to a sovereign, socialist, secular, and democratic republic – serve as enduring benchmarks, ensuring the nation stays true to its foundational principles even as circumstances evolve.

Amendments, like the addition of “socialist” and “secular” through the 42nd Amendment, demonstrate the ability to refine the Preamble’s articulation of national aspirations. The Preamble’s significance extends beyond legal interpretation. It serves as a source of inspiration for citizens and policymakers alike. The Preamble’s vision of a united and dignified India, fostering fraternity among its diverse citizenry, continues to guide the nation’s pursuit of social harmony and national integration. As India navigates the complexities of the 21st century, the Preamble’s ideals remain a powerful reminder of the nation’s aspirations and the ongoing pursuit of a more just, equitable, and prosperous society for all its citizens.

[1] Golak Nath v State of Punjab, AIR 1967 SC 1643.

[2] Berubari Union, re, AIR 1960 SC 845.

[3] Synthetics and Chemical Ltd v State of U.P., AIR 1990 SC 1927.

[4] D.S. Nakara v Union of India, AIR 1983 SC 130.

[5] S.R. Bommai v Union of India, AIR 1994 SC 1918.

[6] R.C. Poudyal v Union of India, AIR 1993 SC 1804.

[7] Raghunathrao Ganpathrao v Union of India, AIR 1993 SC 1267.

[8] Minerva Mills v Union of India, AIR 1980 SC 1789.

[9] Kesavananda Bharati v State of Kerala, AIR 1973 SC 1461.

[10] A.K. Gopalan v State of Madras, AIR 1950 SC 27.