Every Constitution has a philosophy of its own. It is the Preamble that describes the philosophy of each Constitution. A preamble can be defined as a statement intended to be an introduction or explanation of the statute that it is connected with. It is used to signify the intent of the law and the philosophy connected to the making of the aforementioned statute. Every country sees the Preamble in a different light but for this article, the main focus is only on the Preamble of the Indian Constitution.
In India, the Preamble is the basic structure of the Constitution.
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Preamble of the Indian Constitution
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.
Interpretation
We, The People of India - This line signifies that it is the people who are supreme and not the government. It is indicative of the ultimate sovereignty that the people of India possess. Sovereignty is defined as the independent authority of any state and is not in control of any other external power.
Sovereign: The word Sovereign in our preamble defines that just like the people of India, our country is also completely independent and is not in control of any kind of external power.
Socialist: The words ‘Socialist’ and ‘Secular’ were not a part of the original preamble and were added in the Preamble by the 42nd Amendment, 1976. The term Socialist means the achievement of socialist ends through democratic means. It asserts the belief that a mixed economy of both private and public sectors can exist together peacefully.
Secular: The word Secular is used to define equality, support, protection, and respect among other things that are provided to every religion in India by the State.
Democratic: The term Democratic simply implies that the Constitution of India is of the people, by the people, for the people. Hence, it establishes the Country as a Democracy where the people choose their own representatives and authority through a fair mode of election.
Republic: The term Republic is indicative of the fact that the head of the state is elected by the people. In India, the President of India is the elected head of the state and is chosen by the representatives of the people.
Justice: The Constitution provides many Fundamental Rights to its citizens as well as many DPSP through various provisions and these are essential for a good lifestyle within our country. It is important to ensure that proper order is maintained as per those provisions. The Preamble has categorised this into three categories. They are:
Social Justice - Social Justice simply means that the Constitution aims to provide a society that is free of any discrimination on any grounds like caste, creed, gender, religion, age, place of birth, etc.
Economic Justice - Just like Social Justice, the Constitution aims to provide a state in which there does not exist any discrimination based on the wealth, income, or economic status of any individual. Equality of pay for equal work is also a point that is asserted through Economic Justice. It also provides that every citizen must be given an opportunity to earn a living.
Political Justice - Political Justice means that every citizen of the country has a right to free, fair, and equal opportunity to indulge in political activities, like standing for election or voting for any political representation of their choice. Nobody should be allowed to be described based on their political choices.
Liberty: The term Liberty signifies the power every citizen has to choose their own way of life. It provides the citizens the freedom to have their own political views and behaviour in society. But, the word Liberty does not mean that the citizens have the freedom to do anything they wish to do, it just means that a person can do anything as long as they stay within the limits set by the law.
Equality: The term Equality means that every person is equal before the law. No citizen can be discriminated against on any grounds whatsoever.
Fraternity: The term Fraternity means that all the citizens of India are like a family and have an emotional attachment to the country. Fraternity helps to promote dignity, unity, and integrity in the nation.
Is Preamble a part of the Constitution?
This question has been raised many times since the inception of the preamble, but two leading cases have been used to answer this question. Those cases were, the Berubari Union Case and the other one is the Kesavananda Bharati case.
It was held in the Berubari case, inter alia, that the constitution is not a part of the Indian Constitution. To learn all about this case you can read this case summary, ‘ Berubari Union Case Summary ‘.
This decision was overturned by the historic bench of 13 judges of the Supreme Court in the Kesavananda Bharati case. In this case, the 13 judges had 11 different opinions on the case but the final judgement read, inter alia, that the Preamble to the Constitution of India is a part of the Constitution. To learn all about this case you can read this case summary, ‘ Kesavananda Bharati Case Summary ‘. It is a leading and one of the most important cases relating to the Constitution of India so it is a must-read.
Can the Preamble be amended?
This question is also answered by the judgments of the two cases discussed before i.e. the Berubari Union Case and the Kesavananda Bharati case.
The Supreme Court in its judgement for the Kesavananda Bharati Case states, inter alia, that the view taken in the Berubari Union Case was wrong and that the preamble can be amended but subjected to the condition that the basic features of the preamble shall not be altered with.
This means that the basic feature/fundamental features of the preamble cannot be amended under the provisions of Article 368.
Little known Facts
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.
‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’ in the 42nd Amendment Act, 1976.
Prem Behari Narain Raizada was the calligrapher who hand-wrote the original Constitution of India.
The preamble was enacted after the enactment of the entire Constitution of India.
Preamble, in itself, has been first introduced through the American Constitution
FAQs
Q1. How many words does the Preamble have?
The Preamble of the Indian Constitution consists of 73 words.
Q2. In which year did the Berubari Union Case happen?
The dispute relating to the Berubari Union Case first occurred in 1952 and its verdict was delivered in 1958.
Q3. Who said that the Preamble was “The Keynote of the Constitution”?
It was Ernest Barker who stated that the Preamble was the Keynote of the Constitution.
Q4. The language of the Preamble of the Indian constitution is taken from the constitution of which country?
The language of the Preamble of the Indian constitution is taken from the constitution of Australia.
Q5. Is the preamble a part of the Indian Constitution?
Yes, The judgement in the case of Kesavananda Bharati overruled the previous judgement in the matter and clearly stated that the preamble is a part of the Indian Constitution.
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