Rajasthan

Appearance

Preamble of the Constitution ​

  • The American Constitution was the first to begin with a Preamble, followed by India and other countries.
  • The Preamble is the introduction or preface to the Constitution, containing its summary or essence. N.A. Palkhivala called it the 'identity card of the Constitution'.
  • 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 once by the 42nd Constitutional Amendment Act (1976), adding the words Socialist, Secular, and Integrity.

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 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.

Ingredients of the Preamble ​

  1. Source of Authority: The Constitution derives its authority from the people of India.
  2. Nature of the Indian State: Sovereign, socialist, secular, democratic, and republican polity.
  3. Objectives: Justice, liberty, equality, and fraternity.
  4. Date of Adoption: November 26, 1949.

Key Words in the Preamble ​

  1. Sovereign: India is neither a dependency nor a dominion, but an independent state. It can acquire or cede territory.
  2. Socialist: Added in 1976, implies 'democratic socialism' (mixed economy) rather than 'communistic socialism' (state socialism). Aims to end poverty, ignorance, disease, and inequality.
  3. Secular: Added in 1976, establishes a state that treats all religions equally. The state does not owe loyalty to any particular religion and gives equal freedom to all religions.
  4. Democratic: Based on popular sovereignty. India has representative parliamentary democracy, with universal adult franchise, periodic elections, rule of law, and an independent judiciary. The term includes political, social and economic democracy.
  5. Republic: India has an elected head (President) for a fixed term. It means vesting of political sovereignty in the people, and the absence of any privileged class.
  6. Justice: Social, economic, and political justice is secured through Fundamental Rights and Directive Principles.
  7. Liberty: Absence of restraints and providing opportunities for individual development. Includes liberty of thought, expression, belief, faith, and worship.
  8. Equality: Absence of special privileges and provision of adequate opportunities for all without discrimination. Includes civic, political, and economic equality.
  9. Fraternity: Sense of brotherhood, promoted by single citizenship and Fundamental Duties. Assures the dignity of the individual and the unity and integrity of the nation.

Significance of the Preamble ​

  • Embodies the basic philosophy and values on which the Constitution is based.
  • Contains the vision of the Constituent Assembly.
  • Constituent Assembly members described it as the 'key-note,' 'horoscope,' 'soul,' and a 'jewel' of the Constitution.

Preamble as Part of the Constitution ​

  • Initially, the Supreme Court said it was not a part of the Constitution.
  • Later, the Supreme Court held that the Preamble is a part of the Constitution.
  • It is neither a source of power to the legislature nor a prohibition upon its powers. It is non-justiciable.

Amendability of the Preamble ​

  • The Supreme Court held that the Preamble can be amended, provided the 'basic features' of the Constitution are not altered.
  • The Preamble has been amended once, in 1976, to add the words 'Socialist,' 'Secular,' and 'Integrity.'