PREAMBLE OF

CONSTITUTION OF INDIA

It has been considered essential and advisable also, that every written
Constitution should possess a Preamble. The preamble to a constitution mirrors
the spirit of constitution. It lays down the main objective which the constitution
intends to achieve. The Preamble serves the purpose of a window through
which we peep into the attentions of the makers of the constitution. In the words
of former Chief Justice of India Sh. K. Suba Rao,“The objective sought to be
achieved by the Constitution is declared in sonorous terms in its preamble.
It contains in a nutshell its ideals and its aspiration. The preamble is not a
platitude but the mode of its realisations as worked out in the constitution.
In short the preamble is a summary of the objectives and the basic
Philosophy of the Constitution. The preamble also serves to give the
Constitution greater dignity and thus heightens its efficacy. The value of the
preamble in respect of the interpretations of the constitution is the same as that
of any other act. The modern rule is that where the enacted part is clear and
unambiguous, the preamble cannot be referred to. But, where the enacting part
is ambiguous, the preamble can be referred to explain the elucidate
constitution. The value of preamble was clear in the Powell Vs. Kemptg Park
Race Course Co. case in which Lord Halsbury said: “Two proposition are quite
clear ; one that a preamble may afford useful light as to what that the statue
intends to reach; and another, that if an enactment is itself clear and
unambiguous, no preamble can qualify or cut down the enactment.” The value
of the preamble to the present Indian Constitution is the same.
Preamble to the Indian Constitution: The constitution of India begins
with the preamble. It runs as under:
“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 assuming 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.”
Amendment to the Preamble. The forty-second Amendment put into
force with effect from 18th December,1976, amended the Preamble to include
the words “Socialist and Secular.” So, in its amended form the preamble
declares India to be a Sovereign, Socialist, Secular,Democratic and Republic.
The addition of these new adjectives has transformed the very character and
spirit of the Constitution.
For the words“Unity of the Nation” the words “Unity and Integrity of the
Nation”are substituted.
Importance of the preamble to the Indian Constitution, our
constitution, like many other constitutions of Democratic States of the world,
begins with a foreword, a preface, or what is technically known as the preamble.
The preamble is not a legal part of the . Constitution yet it is binding upon the
present and future government of the country. It is the soul and spirit of the
constitution. It reflects the aspirations of makers of the constitution about the
objective of the state. While giving the importance of the preamble to the Indian
constitution, Pt. Thakur Dass Bhargava said:“The Preamble is the most precious
part of the Constitution. It is key to the constitution…… it is jewel in the
constitution. It is super prose-poem, nay, it is perfection in itself”.
In the words of M.V. Pylee, “The preamble of the Constitution is one of
the best of its kind ever drafted. Both in ideas and ideas in expression own is
unrivalled. It embodies the spirit of the Constitution, the determination of Indian
people to unite themselves in a common adventure of building up a new and
independent nation which will ensure the triumph of justice, equality and
fraternity.”
The preamble of the Indian Constitution throws light on three aspects:
1) Sources of constitutional Authority.
2) Nature of the state.
3) Objectives of the constitution.
1) Source of constitutional Authority: The preamble tells in very clear
terms that the people of India are the final authority to have made this
Constitution. In the way, it proclaims that sovereign power resides with the
people of India. It lays down: “We the people of India having solemnly resolved
to constitute India into a sovereign democratic republic….” These words remind
us about the fulfilment of the ideal that the nationalist people of India set before
themselves on 26th January, 1929 at the bank of the Ravi at the Lahore Session
of the Congress. The people have themselves adopted and enacted them. The
preamble to the constitution further reads:“We the people of India——In our
Constitution Assembly this 26th day of November,1949 do hereby Adopt,
Enact and Give to Ourselves, this Constitution.”
SOURCES OF CONSTITUTIONAL AUTHORITY:
• People
• Popular sovereignty
The contention that sovereignty resides with the people is reaffirmed at several
other places of the Constitution also. This is particularly evident in the chapter
dealing with elections. In terms of Article 326: “The elections to the House of
People and to the Legislative Assembly of every State shall be on the basis of
adult suffrage”.
 The people are the ultimate masters under the Constitution. If the
Constitution is to be amended, the Parliament under Article 368 has the power
to do so. In Gopalan Vs. State of Madras, Mr. Justice Shastri observed: “There
can be no doubt that the people of India in exercise of their sovereign will as
expressed in the preamble, adopted the democratic ideal which assures to the
citizens the dignity of the individual and other cherished human values as a
mean to the full evolution and expression of his personality and in delegating to
the Executive and the Judiciary, their respective powers in the Constitution
reserved to themselves certain Fundamental Rights…….”

2) Nature of the State: The preamble throws light on the nature Off the
state that we shall have in India. The preamble proclaims that the people of
India have resolved to constitute India into a ‘Sovereign,
Socialist,Secular,Democratic Republic.“There are five features of the Indian
Political System –
• India is a Sovereign State.
• India is a Socialist State.
• India is a Secular State.
• India is a Democratic State.
• India is a Republican State.
i)A Sovereign State: The preamble to the Constitution defines
new India as “a Sovereign,Socialist,Democratic,Republic”.The word
“Sovereign”denotes that India is no longer a dependency of the British Empire
as she was before 15th of August, 1947. Nor is she a dominion as it was from
15th of August,1947 to 25th January,1950. She is now as sober as U.S.A., Great
Britain or Russia. No other country has any right to dictate her terms. She is free
from external control and free in internal affairs. She is the master of her own
destiny and can chalk out an independent state policy of her own without being
dictated by any outside power. She is now free to have any type of economic
system in the country. No outside power is allowed to interface in the internal
affairs of our country.She is free to establish relations with any country
according to her own will. Her membership of the Commonwealth of Nations
does not in any way take away the status of sovereignty. Nehru
emphasised:“The new Commonwealth does not restrict India’s independence
either in the external or internal sphere. It has no strings attached in it. India is
not compelled to stay in the Commonwealth even one minute longer than she
may desire to. The agreement is in full accord with the Congress pledge and
India’s foreign policy of non-alignment with power blocs. It gives to India
independence plus security in political and economic sphere”. Pt. Jawahar Lal
Nehru said on 10th May 1949,“It must be remarked that the Commonwealth is
not Super-state in any sense of the term we have agreed to consider the king as
the symbolic head of this free association. But the king has no functions
attached to the states in the Commonwealth so far as the Constitution of India is
concerned. The king has no place and we shall owe no allegiance to him”. Her
membership of the U.N., as that of other countries, does not limit her
sovereignty.
ii)Socialist State: The word “Socialist” has been added in the preamble
by virtue of the 42nd Amendment to the constitution. Various provisions of the
Constitution including the Directive Principles of State Policy sought to
establish a socialist State in India. However, the word socialism was nowhere
used. It was with this end in view of laying emphasis on this aspect that the
word socialist has now been added in the preamble.
The word socialism is difficult to define. However, a socialist state is one
in which the means of production such as land, mineral resources, mills,
factories, and the means of distribution are in the hands of government. In this
system, the distribution of national income is done in such a manner that there
are not very wide inequalities in the incomes that the people receive for their
work. But in the context in which it has been inserted in the preamble, it refers
to democratic socialism of the Indian type. It is through democratic means that
socialism has been sought to be brought about by the Directive Principles of
State Policy aimed at equal distribution of wealth; end of exploitation,
inequality among men and women, unemployment and improving the standard
of living of the poor and downtrodden people.
The 42nd Amendment has established the supremacy of the Directive
Principles of State Policy over the Fundamental Rights. Any law by the state or
union legislature with a view to implement the Directive Principles shall not be
held illegal on the grounds that it takes away certain Fundamental Rights of the
citizens as guaranteed under Article 14,19 and 31 of the Constitution.
iii)Secular State: The word“secular”has been added in the Preamble by
virtue of the 42nd Amendment to the Constitution.Various provisions of the
Constitution sought to establish a Secular State in India. However, the word
secular was nowhere used. It was with this end in view of laying emphasis on
this aspect that the word ‘secular’ has now been added in the Preamble.
Secularism implies four things:
First, India would not be religious or theocratic State.
Secondly, it would not extend special favours to a particular region.
Thirdly, the State would have no official religion of its own.
Fourthly, the people of India would be free to profess, practise and
propagate any religion they like.
iv)India is a democratic state: The Indian polity is based on democratic
principles. The people elect their representatives who use the sovereign
authority on behalf of the people. The government is of the people and for the
people. The representative are elected periodically by the people.
v)Republic State:Republic State means a State whose head is elected by
the people for a fixed period of time. A nominated official like a Governor-
General or a hereditary King or Queen shall not be the head of the state.
Accordingly, the President of India- the chief executive-is elected by the people.
He is not hereditary like the British king. He is elected for a fixed period.
According to T.K. Tope,“The Indian republic is to be distinguished from the
Ancient Greek and the ancient Indian republics which were essentially
aristocratic, and also from the modern republics like that of Russians which is of
dictatorial nature. The Indian Republic is a democratic republic”.

3) Objective of the Constitution: The preamble includes certain

objectives also,The French Revolution proclaimed “Liberty, Equality and
Fraternity” but the Indian Constitution adds justice also to the objectives to be
achieved.
i)Justice
ii) Liberty
iii) Equality
iv) Fraternity
v) Dignity of the Individual
vi) Unity and Integrity of the Nation

Conclusion: In this way, the preamble of the constitution of India lays down in
clear and unambiguous terms that the people of India are the final source of
authority. It tells that our state has to be secular, socialist, democratic, and
republic. Thus, the preamble to the Constitution of India sets before the people
that they must fight any attempt at the subversion of the constitution.

Thank You