Preamble

Introduction to the Preamble

A constitution’s preamble holds immense significance as it sets the tone, articulates the underlying philosophy, and conveys the core values that a nation aspires to uphold. The idea of including a preamble in a written constitution was popularized by the American Constitution, and India followed suit, integrating a preamble that is both visionary and foundational.

Far from being a mere ornamental preface, the Preamble to the Indian Constitution represents a solemn commitment made by “We, the People of India” and offers a concise yet profound blueprint of the guiding principles shaping the nation’s political ethos.

Text of the preamble

Text of the preamble

 Key Elements Drawn from the Preamble
The Preamble’s text concisely captures the constitutional spirit, encapsulating four critical components:

1. Source of Authority:
   • • The Constitution draws its legitimacy and authority from the people of India.
     • This acknowledges that governance is not bestowed by any external authority—monarch or foreign power—but rests firmly on the consent of the governed.
     • This popular sovereignty ensures that the government and its institutions remain accountable to the citizens.

2. Nature of the Indian State:
   The Preamble proclaims India to be:
   • Sovereign: The concept of sovereignty reflects the independent and supreme authority of a state over its internal and external affairs. A sovereign state has the unrestricted power to legislate and is not under the influence or control of any external authority.
     • • India’s sovereignty implies complete autonomy in internal and external affairs.
       • The decision to remain a member of the Commonwealth of Nations in 1949 was a voluntary choice that did not compromise India’s sovereignty. This association was based on mutual respect among independent states, with the British Crown serving only as a symbolic head of the Commonwealth, without any binding authority over Indian citizens.
         • • As Jawaharlal Nehru succinctly stated, “It is an agreement by free will, to be terminated by free will.”
       • Similarly, membership in international bodies like the UN, WTO etc. does not dilute India’s independent decision-making power.
         • • For instance, in negotiations at the World Trade Organization (WTO), India has maintained its strategic autonomy while safeguarding national interests, such as in debates surrounding food subsidies.
       • India can acquire or cede territory, sign treaties, and engage globally without subordination to any external authority.
   • Socialist: Reflecting India’s commitment to reducing disparities and ensuring social welfare through state support and regulation, this term was explicitly added by the 42nd Amendment in 1976.
     • • Prior to this formal addition, the spirit of socialism was evident through Directive Principles of State Policy (DPSPs) like Articles 39(b) and 39(c).
       • However, the socialism envisioned in India is distinct from state socialism, which entails the complete nationalization of resources and abolition of private property. Indian socialism aligns more closely with democratic socialism.
       • Democratic socialism, as emphasized in Articles 39(b) and 39(c), aims to eliminate inequality through democratic principles, combining Gandhian and Marxist values.
       • The Indian Supreme Court has emphasized that the primary aim of socialism in India is to reduce income disparities and improve living standards for all, especially the working population. It seeks to regulate private property to serve national interests, fostering a mixed economy where public and private sectors coexist.
   • Secular: Also inserted by the 42nd Amendment, secularism ensures equal respect for all religions and a principled distance of the state from religious institutions. Even before this textual insertion, the Constitution’s fundamental rights (such as Articles 14, 15, and 25–28) and provisions supported a secular ethos.
     • • The state does not recognize any official religion and ensures the peaceful coexistence of all religions. It maintains a non-religious stance while respecting the diversity of faiths in India.
       • India’s secularism ensures freedom of religion, prohibits discrimination on religious grounds, and maintains a principled distance from religious institutions.
       • This framework has enabled India, a diverse and pluralistic society, to uphold secularism in the face of challenges such as communalism and regionalism.
   • Democratic: The term “democratic” in the Preamble refers to a system of governance that embodies not only political democracy but also social and economic democracy. This holistic approach emphasizes the establishment of a just, equitable, and inclusive society rooted in the principles of justice, equality, and fraternity.
     • • India’s democracy is representative in nature, wherein the people exercise their sovereignty through elected representatives at both the central and state levels. Universal adult suffrage, as enshrined in Article 326, ensures that every citizen has the right to vote regardless of caste, creed, gender, or religion.
       • The executive branch, led by the Council of Ministers, functions under the collective responsibility of the legislature, ensuring accountability to the people’s representatives. Furthermore, the President and Governors, though titular heads of state, perform their duties based on the advice of their respective Councils of Ministers.
       • Key features of India’s parliamentary democracy include:
         • • Representation of the People: Elections at all levels ensure that governance reflects the will of the people.
           • Responsible Government: The executive is accountable to the legislature, ensuring checks and balances.
           • Legislative Oversight: The Council of Ministers is collectively accountable to the Parliament or State Assemblies, maintaining transparency and democratic integrity.
       • In the words of Dr. B.R. Ambedkar, political democracy must rest on a bedrock of social equality and fraternity. The Supreme Court has also noted that the Constitution envisions an egalitarian social order and economic justice for all.
       • A true democracy thrives when the voices of all are heard, supported by a free media, robust civil society, and an independent judiciary.
   • Republic: A republic signifies the absence of hereditary rule, ensuring that all public offices, including the highest one—the President—are open to all citizens based on merit. In a republic, the head of state is elected either directly or indirectly for a fixed term, reflecting the sovereignty of the people.
     • • India became a republic on January 26, 1950, when it formally adopted its Constitution, breaking away from its colonial legacy. Unlike Pakistan, which remained a dominion under the British Crown until 1956, India embraced complete independence in its governance structure.
       • The provision for an elected President as the constitutional head underscores the democratic ethos and the rejection of aristocracy or monarchy.
       • This ensures equality of opportunity for all citizens to hold the highest offices without any privileged class.

3. Objectives of the Constitution:
   The Preamble enunciates four cardinal ideals that the Constitution aims to achieve and uphold:
   • Justice: Borrowed from the USSR’s constitutional ideals, justice encompasses social, economic, and political dimensions.
     • • Justice is a cornerstone of a democratic society, encompassing fairness, morality, and impartiality. It ensures that individuals receive what they deserve or are entitled to, based on the principles of equality and equity.
       • In the context of the Indian Constitution, justice transcends individual fairness to encompass broader societal goals. The Preamble explicitly mentions three forms of justice—social, economic, and political—reflecting its holistic approach toward creating an equitable society.
         • • Social Justice: Equal treatment, protection of marginalized communities, and no discrimination based on caste, creed, or gender.
             • • E.g. Navtej Singh Johar v. Union of India (2018).
           • Economic Justice: Fair distribution of resources and opportunities, bridging the gap between rich and poor.
             • • E.g. The removal of the right to property as a Fundamental Right through the 44th Amendment.
           • Political Justice: Political justice ensures equal participation in governance, empowering every citizen with the right to vote, contest elections, and access public office. It guarantees an inclusive political framework where all voices are heard.
             • • E.g. The 73rd and 74th Constitutional Amendments reserve one-third of seats in Panchayati Raj Institutions and urban local bodies for women.
   • Liberty: Liberty, as articulated in the Preamble, signifies the absence of arbitrary restrictions on an individual’s freedoms while providing opportunities for self-development.
     • • It guarantees freedoms such as thought, expression, belief, faith, and worship, as safeguarded by the Fundamental Rights (Articles 19-22). These rights, however, are subject to reasonable restrictions in the interest of national security, public order, and morality.
   • Equality: Equality, as a foundational value, ensures that no individual or group enjoys special privileges, and all citizens are provided equal opportunities.
     • • The Preamble promises equality of status and opportunity, further strengthened by various constitutional provisions:
         • • Civic Equality: Articles 14-18 uphold equality before the law and prohibit discrimination based on religion, race, caste, gender, or place of birth. Untouchability is abolished under Article 17, and Article 18 eliminates titles that create artificial distinctions among citizens.
           • Political Equality: Articles 325 and 326 secure the right to vote and contest elections, reinforcing the principle of universal adult franchise.
           • Economic Equality: Directive Principles under Article 39 emphasize equal access to resources and opportunities, including provisions for equal pay for equal work.
       • Through these measures, the Constitution seeks to bridge historical inequities and foster a more egalitarian society.
   • Fraternity: Fraternity represents a sense of brotherhood and unity among all citizens, transcending barriers of religion, language, region, and culture.
     • • The Preamble envisions fraternity as a means to ensure the dignity of every individual and the integrity of the nation.
       • The term “integrity,” added by the 42nd Amendment, underscores the importance of national cohesion in a diverse country like India.
       • Fraternity is reinforced through:
         • • Single Citizenship: Promotes a sense of unity by ensuring equal rights and responsibilities for all Indians, irrespective of their state of origin.
           • Fundamental Duties (Article 51A): Encourage citizens to promote harmony and the spirit of common brotherhood, safeguarding the nation’s pluralistic fabric.
       • K.M. Munshi aptly noted that fraternity recognizes not only the material welfare of individuals but also the sanctity of every individual’s personality.

4. Date of Adoption:
   1. • The Preamble records November 26, 1949, as the date the Constitution was adopted.
      • This historical timestamp signifies the culmination of a lengthy and deliberative Constituent Assembly process and the formal transition to a constitutional democracy.