Preamble and Its Significance of Indian Constitution

PREAMBLE AND ITS SIGNIFICANCE
CONTENTS
SL NO. TOPIC PAGE NO.
INTRODUCTION
1
COMPONENTS OF
2 PREAMBLE
KEY WORDS IN THE

3 PREAMBLE
OBJECTIVES OF THE
INDIAN
4
CONSTITUTION
THE SIGNIFICANCE
5 OF THE PREAMBLE
STATUS OF
PREAMBLE
6
AMENDMENT OF
THE PREAMBLE
7
CONCLUSION
8
9 BIBLIOGRAPHY
INTRODUCTION
What is a Preamble? A preamble is an introductory statement in a document
that explains the document’s philosophy and objectives.
In a Constitution, it presents the intention of its framers, the history behind its
creation, and the core values and principles of the nation.
The preamble basically gives idea of the following things/objects:
Source of the Constitution
Nature of Indian State
Statement of its objectives
Date of its adoption
History of the Preamble to Indian Constitution
The ideals behind the Preamble to India’s Constitution were laid down by
Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent
Assembly on January 22, 1947.
Although not enforceable in court, the Preamble states the objectives of the
Constitution, and acts as an aid during the interpretation of Articles when
language is found ambiguous.
COMPONENTS OF PREAMBLE
I. It is indicated by the Preamble that the source of authority of the
Constitution lies with the people of India.
II. Preamble declares India to be a sovereign, socialist, secular and
democratic republic.
III. The objectives stated by the Preamble are to secure justice, liberty,
equality to all citizens and promote fraternity to maintain unity and
integrity of the nation.
IV. The date is mentioned in the preamble when it was adopted i.e.
November 26, 1949.
KEY WORDS IN THE PREAMBLE
We, the people of India: It indicates the ultimate sovereignty of the people of
India. Sovereignty means the independent authority of the State, not being
subject to the control of any other State or external power.
Sovereign: The term means that India has its own independent authority and it
is not a dominion of any other external power. In the country, the legislature has
the power to make laws which are subject to certain limitations.
Socialist: The term means the achievement of socialist ends through democratic
means. It holds faith in a mixed economy where both private and public sectors
co-exist side by side.
It was added in the Preamble by 42nd Amendment, 1976.
Secular: The term means that all the religions in India get equal respect,
protection and support from the state.
It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.
Democratic: The term implies that the Constitution of India has an established
form of Constitution which gets its authority from the will of the people
expressed in an election.
Republic: The term indicates that the head of the state is elected by the people.
In India, the President of India is the elected head of the state.
OBJECTIVES OF THE INDIAN CONSTITUTION

The Constitution is the supreme law and it helps to maintain integrity in the
society and to promote unity among the citizens to build a great nation.
The main objective of the Indian Constitution is to promote harmony
throughout the nation.
The factors which help in achieving this objective are:
Justice: It is necessary to maintain order in society that is promised through
various provisions of Fundamental Rights and Directive Principles of State
Policy provided by the Constitution of India. It comprises three elements, which
is social, economic, and political.
Social Justice – Social justice means that the Constitution wants to create a
society without discrimination on any grounds like caste, creed, gender,
religion, etc.
Economic Justice – Economic Justice means no discrimination can be caused
by people on the basis of their wealth, income, and economic status. Every
person must be paid equally for an equal position and all people must get
opportunities to earn for their living.
Political Justice – Political Justice means all the people have an equal, free and
fair right without any discrimination to participate in political opportunities.
Equality: The term ‘Equality’ means no section of society has any special
privileges and all the people have given equal opportunities for everything
without any discriminations. Everyone is equal before the law.
Liberty: The term ‘Liberty’ means freedom for the people to choose their way
of life, have political views and behavior in society. Liberty does not mean
freedom to do anything, a person can do anything but in the limit set by the law.
Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an
emotional attachment with the country and all the people. Fraternity helps to
promote dignity and unity in the nation.
Importance of Objectives:-
I. It provides a way of life. It includes fraternity, liberty, and equality as the
notion of a happy life and which can not be taken from each other.
II. Liberty cannot be divorced from equality, equality cannot be divorced
from liberty. Nor can liberty and equality be divorced from fraternity.
III. Without equality, liberty would produce the supremacy of the few over
the many.
IV. Equality without liberty would kill individual initiative.
V. Without fraternity, liberty would produce the supremacy of the few over
the many.
VI. Without fraternity, liberty and equality could not become a natural course
of things.
THE SIGNIFICANCE OF THE PREAMBLE
The preamble is regarded as the spirit and spine of the Indian constitution. The
preamble provides a concise overview of the Indian constitution. The
significance of the Preamble can be seen in the following ways:
a) Prelude or introduction to the constitutional laws: The preamble provides
an introduction to the constitution, setting a framework for the foundational
principles.
b) Meaning of the Preamble: The primary aim of the preamble is to clarify the
definition of certain fundamental terms and philosophy and lay out the specific
details that must be defined.
A preamble can also be used to restrict the meaning or interpretation of a
particular phrase, describe details, or further add definitions.
c) Scope of the preamble: The key purpose of the preamble is to explain the
concept or principles behind the constitutional laws. Besides, the preamble
outlines the core values that define the constitution and the aims & objectives of
the constitution.
d) Declaration: The Preamble does not accord authority but provides the
foundational basis for the constitution.
 It declares India a sovereign, socialist, secular, and democratic republic.
 Citizens are entitled to Justice, Equality, and Liberty.
 Intent to promote a sense of fraternity (or sense of community/brotherhood)
among the citizens.
STATUS OF PREAMBLE
The preamble being part of the Constitution is discussed several times in the
Supreme Court. It can be understood by reading the following two cases.
Berubari Case: It was used as a reference under Article 143(1) of the
Constitution which was on the implementation of the Indo-Pakistan Agreement
related to the Berubari Union and in exchanging the enclaves which were
decided for consideration by the bench consisting of eight judges.
Through the Berubari case, the Court stated that ‘Preamble is the key to open
the mind of the makers’ but it can not be considered as part of the Constitution.
Therefore it is not enforceable in a court of law.
Kesavananda Bharati Case: In this case, for the first time, a bench of 13
judges was assembled to hear a writ petition. The Court held that:
The Preamble of the Constitution will now be considered as part of the
Constitution.
The Preamble is not the supreme power or source of any restriction or
prohibition but it plays an important role in the interpretation of statutes and
provisions of the Constitution.
So, it can be concluded that preamble is part of the introductory part of the
Constitution.
In the 1995 case of Union Government VS LIC of India also, the Supreme
Court has once again held that Preamble is the integral part of the Constitution
but is not directly enforceable in a court of justice in India.
AMENDMENT OF THE PREAMBLE

42nd Amendment Act, 1976: After the judgment of the Kesavanand Bharati
case, it was accepted that the preamble is part of the Constitution.
As a part of the Constitution, preamble can be amended under Article 368 of the
Constitution, but the basic structure of the preamble can not be amended.
As of now, the preamble is only amended once through the 42nd Amendment
Act, 1976.
The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble
through 42nd Amendment Act, 1976.
‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’.
‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.
Fact:
Article 394 of the Constitution states that Articles 5, 6, 7, 8, 9, 60, 324, 367, 379
and 394 came into force since the adoption of the Constitution on 26th
November 1949 and the rest of the provisions on 26th January 1950.
The concept of Liberty, Equality, and Fraternity in our Preamble was adopted
from the French Motto of the French Revolution.
CONCLUSION
The preamble of the Indian constitution provides an excellent prelude to the
constitutional laws and provisions, laying down a framework and foundational
principles for constitutional laws. The constitution stipulates a Parliament form
of a governance system, with the Executive, Legislature, and Judiciary having
distinct roles. The Polity follows the constitutional framework to run the
government, legislate and coordinate with the Legislature and Judiciary to
facilitate their functioning. The significance of the preamble is apparent as it
sets the framework and provides guiding principles for the constitutional laws.
The Preamble sets the ground for framing and interpreting Constitutional laws,
and the Polity works with the governance system to fulfil its governance and
administrative obligations.
BIBLIOGRAPHY
E-RESOURCES:-
i. https://unacademy.com/content/upsc/study-material/general-awareness/
significance-of-preamble-in-the-indian-constitution/
ii. https://www.drishtiias.com/printpdf/preamble-to-the-indian-
constitution#:~:text=Components%20of%20Preamble&text=Preamble
%20declares%20India%20to%20be,and%20integrity%20of%20the
%20nation.
iii. https://byjus.com/free-ias-prep/preamble/
iv. https://www.nextias.com/blog/preamble-to-the-indian-constitution/
BOOKS:-
i. M. Laxmikanth. Indian Polity (7th Edition). (Chennai: Mc Graw Hill
Publication).
ii. D.D.Basu. Introduction to the Constitution Of India (Nagpur: Lexis
Nexis).

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PREAMBLE AND ITS SIGNIFICANCE

KEY WORDS IN THE

OBJECTIVES OF THE INDIAN CONSTITUTION

THE SIGNIFICANCE OF THE PREAMBLE

AMENDMENT OF THE PREAMBLE

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