Preamble of Indian Constitution

It is the Preamble where we have decided that India will be a democratic country. Acording to Dr. B.R. Ambedkar,the Preamble is the soul of the Indian Constitution and has the philosophy of the entire Constitution. The Preamble gives the source of the Constitution, the nature of the political system of India (means how the government will function e.g. a Republic, Democratic) and also the values or objectives of the Constitution (to achieve justice for all, equality, liberty etc.)

India was ruled by the Britishers before 1947. During this period there was no Constitution. The Indian Constituent Assembly saw how other countries function. They worked to adopt and enforce a Constitution for independent India. The idea of the Preamble was borrowed from the Constitution of the U.S.A. The preamble was inspired by the Objectives Resolution of Jawaharlal Nehru dated January 22, 1947.

The Constitution of India is a living document (rule book). The Preamble of the Constitution is an introduction to the Constitution of India. It guides the Parliament in making laws. N.A. Palkhivala, an eminent jurist and constitutional expert, called the Preamble the ‘identity card of the Constitution. The Preamble was adopted on 26 November 1949. To commemorate this, ‘Samvidhan Divas’ is celebrated on 26th November every year.

It is the Preamble which secures various rights for the citizens of India including justice, liberty, equality and fraternity.

• It secures liberty of thought, expression, belief, faith and worship.
• It provides for social, economic and political justice.
• It aims for equality of status and opportunity.
• It assures the dignity of individual and the unity and Integrity of the Nation.

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.

Every word of the Preamble demands close reading and is packed with information. It has key themes which are running through our constitution.

‘We the people of India’: The starting phrase indicates that the Constitution was enacted by the people through their representatives, and not handed down to them by a king or any outside powers. Hence, the validity to the Constitution is given by the People of India. It embodies the spirit that the Constitution is by the people, of the people and for the people.

‘Sovereign’: Means that India has the supreme right to make decisions on internal as well as external matters. No external power can dictate the government of India. The country and its government will function independently of any foreign influence.

‘Socialist’: means that the government will focus on the welfare of the people.‘Socialist’ was added by the 42nd Amendment Act, 1976. This is seen in Directive Principles of State Policy where State should:

• minimise income inequality (article 38),
• provide adequate means of livelihood (Article 39),
• avoid concentration of wealth (Article 39),
• assist those who are sick, old, disabled & unemployment (Article 42),
• promote worker participation in management of industries (Article 43A).
• improve standard of living & public health (Article 47)

‘Secular’: means that citizens have complete freedom to follow any religion of their choice. All religions in India are treated equally by the State, and there is no official religion of India as a country. All citizens,irrespective of their religious beliefs are equal in the eyes of law. In India, all religions have the same status and support from the State. This is different from Western Model of Secularism where the State maintains distance from religion. ‘Secular’ was added by the 42nd Amendment Act, 1976.

‘Democratic’: means a form or a type of government where people will elect and choose their representatives who will run the country. Everyone enjoys equal political rights, elect their rulers and hold them accountable. There are regular elections to ensure the representation of all people in government. It is a government by the people, of the people and for the people. Every citizen of India, who is 18 years of age and above and not otherwise debarred by law, can vote. No discrimination on the basis of caste, creed, colour, sex, religion or education is done in right to vote.

‘Republic’: means that the head of the state (the President of India) is elected. It is not a hereditary office.

The objectives that every law should hope to achieve are listed below. The Preamble provides a standard to examine and evaluate any law and action of government, to find out whether it is good or bad.

‘Justice’: means that the law and punishment will be the same for everyone. Citizens cannot be discriminated against on the grounds of caste, religion and gender. Social inequalities have to be reduced. Justice includes:

• social justice so that there is no discrimination in the society. Laws apply equally to everyone.
• economic justice so that everyone has an equal opportunity to make money and ensure class mobility.
• political justice means that all have right to vote equally.

‘Liberty’: means absence of restraint and providing opportunities for all. It includes freedom of thought,expression, belief, faith and worship for everyone. However you are not free to hurt someone else. There are ‘reasonable restrictions’ on everyone’s liberty.

• Article 19 provides freedom of speech, expression, movement, assembly, profession, residence etc.
• Article 25 gives right to freedom of religion and all are free to choose and practice the faith of their choice.

‘Equality’: means that everyone is equal before the law and would be given fair and equal treatment. There is equality of status and opportunity, both.

• Article 15: State shall not discriminate against any citizen on grounds of religion, race, caste etc.
• Article 16: all citizens should be treated equally if being employed by the State. No one should be disadvantaged because of their religion, caste, gender when being appointed to government jobs.

‘Fraternity’: aims to promote feeling of brotherhood and unity. India is a diverse country where people speak different languages, come from different cultures, race, casate, community. But, they are united as citizens and should not let these differences divide them.

• There is single citizenship for all irrespective, of their domicile State.
• Fundamental Duties given in Article 51A require that every citizen has a duty to promote harmony and spirit of common brotherhood amongst all people in India.

‘Dignity of Individual’: means that every individual is to be valued in the country. This can be done through welfare and a sense of respect to be perpetuated amongst all.

• Article 17 bans untouchability.

‘Integrity’ was added by the 42nd Amendment Act, 1976. It means that India will be a union of states and all states are an integral part of India. The ideals and philosophy of the nation can only be fulfilled if the nation is united. This is an important value for the existence and continuance of our nation.

Supreme Court of India has said that the Preamble is a useful guide when there is difficulty in interpreting the Constitution.

• Keshvananda Bharti case (1973) it was held that Preamble is extremely important and gives a ‘grand & noble vision’ in which Constitution should be read. Preamble is not enforceable but guides the court when there is ambiguity in interpreting the Constitution.
• Minerva Mills v. Union of India (1980) case, court reiterated that the Preamble was an integral part of the Constitution and could be referred to in interpreting its provisions.
• Indira Nehru Gandhi v. Raj Narain (1977) case the court held that the Preamble could be referred to understand the Constitution's basic features.

The Preamble can be amended like the Constitution, however its values cannot be amended. The power to amend the Constitution is very important so that the Constitution can remain upto date with the demands of India today.

• But, this power to amend the Constitution is limited. The basic structure of the constitution cannot be ‘destroyed or damaged’ through an amendment.
• The Preamble contains some of the key basic values of the constitution which can not be amended to be removed from the Constitution.
• The Preamble has been amended only once in 1976 by the 42nd Amendment act when three new words were added- Socialist, Secular & Integrity.

The philosophy of the Constitution Makers is reflected in the Preamble which ensures that the process of governance in the country is fair and just for all. Citizen welfare is the goal of the government, as opposed to the wealth extraction goal of Britishers. There is a guarantee for treating all individuals with dignity, respect, equality, fairness and experience justice. When the values of the Preamble are followed, the society will be what the Constitution Makers and freedom fighters hoped for free India. This is why the Preamble is extremely important for efficient and optimal democracy. The Preamble gives the foundations for institutional arrangements in our country.