Preamble of the Constitution

• The term ‘Preamble’ refers to the introduction or preface to the Constitution. It contains the summary or essence of the Constitution.
• The American Constitution was the first to begin with a Preamble. Many countries, including India, followed this practice.
• The Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru.
• It has been amended by the 42nd Constitutional Amendment Act (1976), which added three new words–Socialist, Secular and Integrity.
• N.A. Palkhivala, an eminent jurist and constitutional expert, called the Preamble as the ‘identity card of the Constitution.’

The Preamble in its present form reads:

“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”.

Important terms in the Preamble:

• Sovereign - The word ‘sovereign’ implies that India is an independent state
• Socialist - the Indian brand of socialism is a ‘democratic socialism’ and not a ‘communistic socialism’ (also known as ‘state socialism’)

• Secular - all religions in our country have the same status and support from the state. The State has no religion.
  • Democratic - possession of supreme power by the people.
  • Republic - The head of the state is always elected directly or indirectly for a fixed period
• Justice - The equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on.
  • Liberty - The absence of restraints on the activities of individuals and providing opportunities for the development of individual personalities.
  • Equality - The absence of special privileges to any section of the society and adequate opportunities for all individuals without any discrimination.
  • Fraternity - a sense of brotherhood.

Opinions about the Preamble

• Sir Alladi Krishnaswami Iyer - ‘The Preamble to our Constitution expresses what we had thought or dreamt so long’.
• K.M. Munshi - The Preamble is the ‘horoscope of our sovereign democratic republic’.
• Pandit Thakur Das Bhargava - ‘The Preamble is the most precious part of the Constitution. It is the soul of the Constitution. It is a key to the Constitution. It is a jewel set in the Constitution. It is a proper yardstick with which one can measure the worth of the Constitution’.
• Sir Ernest Barker - the ‘key-note’ to the Constitution.
• M. Hidayatullah - ‘Preamble resembles the Declaration of Independence of the United States of America, but is more than a declaration. It is the soul of our Constitution, which lays down the pattern of our political society. It contains a solemn resolve, which nothing but a revolution can alter.

The Preamble - Part of the Constitution:

• The Preamble of the constitution was added after rest of the constitution was already enacted.
• The Supreme Court in the Berubari Union Case (1960) said that the preamble in not the part of the constitution.
• In the Keshwavand Bharti case (1973), the Supreme Court overturned its previous decision and held that preamble is a part of constitution and can be amended under article 368.
• Again, in the LIC of India case, the Supreme Court held that the preamble of Indian constitution is its part.
• In the SR Bommai case, the Supreme Court held that preamble indicates basic structure of the constitution.

Amendability:

• As per the Berubari Union (1960) the Preamble cannot be amended (not a part of the Constitution).
• But, in the Kesavananda Bharati case (1973) the supreme court held that the Preamble can be amended, subject to the condition that no amendment is done to the ‘basic features’.
• The Preamble has been amended only once in 1976, by the 42nd Constitutional Amendment Act.
• It has added three new words–Socialist, Secular and Integrity–to the Preamble.
• This amendment was held to be valid