PREAMBLE OF THE CONSTITUTION OF INDIA
The Preamble is called the introduction letter of the Indian Constitution. The preamble was amended by the 42nd Constitutional Amendment Act in 1976, in which three new words Socialist, Secular, and Integrity were added. The Preamble serves as an introduction to the Constitution. It secures justice, liberty, equality to all the citizens of India and promotes fraternity among the people.
Key Points:
- 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 an idea of the following things/objects:
- Source of the Constitution
- Nature of Indian State
- Statement of its objectives
- Date of its adoption
Components of Preamble
- It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India.
- The preamble declares India to be a sovereign, socialist, secular, and democratic republic.
- The objectives stated by the Preamble are to secure justice, liberty, equality for all citizens and promote fraternity to maintain the unity and integrity of the nation.
- The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.
Key points in the Preamble are explained below:
Sovereign
The term ‘Sovereign’ which is proclaimed by the Preamble 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 is subjected to certain limitations.
Socialist
The word ‘Socialist’ was added to the Preamble by the 42nd Constitutional Amendment in 1976. Socialism means the achievement of socialist ends through democratic means. India has adopted ‘Democratic Socialism’. Democratic Socialism holds faith in a mixed economy where both private and public sectors co-exist side by side. It aims to end poverty, ignorance, disease and inequality of opportunity.
Secular
The word ‘Secular’ was incorporated in the Preamble by the 42nd Constitutional Amendment in 1976. The term secular in the Constitution of India means that all the religions in India get equal respect, protection and support from the state. Articles 25 to 28 in Part III of the Constitution guarantee Freedom of Religion as a Fundamental Right.
Democratic
The term Democratic indicates that the Constitution has established a form of government that gets its authority from the will of the people expressed in an election. The Preamble resolves India to be a democratic country. That means the supreme power lies with the people. In the Preamble, the term democracy is used for political, economic and social democracy. The responsible representative government, universal adult franchise, one vote one value, an independent judiciary, etc. are the features of Indian democracy.
Republic
In a Republic, the head of the state is elected by the people directly or indirectly. In India, the President is the head of the state. The President of India is elected indirectly by the people; that means, through their representatives in the Parliament and the State Assemblies. Moreover, in a republic, political sovereignty is vested in the people rather than a monarch.
Justice
The term Justice in the Preamble embraces three distinct forms: Social, economic, and political, secured through various provisions of the Fundamental and Directive Principles.
Social justice in the Preamble means that the Constitution wants to create a more equitable society based on equal social status. Economic justice means equitable distribution of wealth among the individual members of the society so that wealth is not concentrated in a few hands. Political Justice means that all citizens have equal rights in political participation. Indian Constitution provides for universal adult suffrage and equal value for each vote.
Liberty
Liberty implies the absence of restraints or domination on the activities of an individual such as freedom from slavery, serfdom, imprisonment, despotism, etc. The Preamble provides for the liberty of thought, expression, belief, faith, and worship.
Equality
Equality means the absence of privileges or discrimination against any section of society. The Preamble provides for equality of status and opportunity to all the people of the country. The Constitution strives to provide social, economic, and political equality in the country.
Fraternity
Fraternity means the feeling of brotherhood. The Preamble seeks to promote fraternity among the people assuring the dignity of the individual and the unity and integrity of the nation.
Amendment in 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, the 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 the 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’.
Interpretation by the Supreme Court
The Preamble was added to the Constitution after the rest of the Constitution was already enacted. The Supreme Court in the Berubari Union case (1960) held that the Preamble is not a part of the Constitution. However, it recognized that the Preamble could be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning.
In the Kesavanand Bharti case (1973), the Supreme Court overturned its earlier decision and held that the Preamble is a part of the Constitution and can be amended under Article 368 of the Constitution. Again, in the LIC of India case, the Supreme Court held that the Preamble is a part of the Constitution.
Thus the Preamble to the Constitution of free India remains a beautifully worded prologue. It contains the basic ideas, objectives, and philosophical postulates the Constitution of India stands for. They provide justifications for constitutional provisions.