Preamble of Indian Constitution
Preamble of the Indian Constitution
1. Introduction
The Preamble is the introductory statement to the Constitution of India. It lays down the guiding principles and philosophy of the Constitution. Although it is not a source of enforceable rights by itself, it acts as a key to interpret the Constitution and reflects the aspirations and values of the people of India.
2. Text of the Preamble
“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.”
3. Meaning and Significance of Each Term
3.1 We, the people of India
Emphasizes popular sovereignty — the power and authority of the Constitution come from the people.
Reflects democratic principles; India is governed by the people’s mandate.
3.2 Sovereign
India is an independent country, free from external control.
Free to conduct its domestic and foreign policies.
3.3 Socialist
Added by the 42nd Amendment Act, 1976.
Implies the commitment to social and economic equality.
Strives to minimize inequality in wealth, status, and opportunities.
3.4 Secular
Also added by the 42nd Amendment.
The State treats all religions equally.
No religion is given preferential treatment.
Freedom of religion guaranteed to all citizens.
3.5 Democratic
India has a system where the people elect their representatives.
It is based on the principles of political equality and majority rule.
3.6 Republic
Head of the State is elected and not hereditary.
The President of India is the elected head of the Republic.
3.7 Justice
Includes social justice, economic justice, and political justice.
Ensures fair treatment and equitable distribution of resources and opportunities.
3.8 Liberty
Includes liberty of thought, expression, belief, faith, and worship.
Guarantees fundamental freedoms to the citizens.
3.9 Equality
Equality before law and equal opportunity.
Prohibits discrimination based on religion, caste, gender, etc.
3.10 Fraternity
Promotes a sense of brotherhood.
Ensures the dignity of the individual.
Maintains the unity and integrity of the nation.
4. Legal Status of the Preamble
Initially considered non-justiciable (not enforceable by courts).
However, the Supreme Court in Kesavananda Bharati v. State of Kerala (1973) held the Preamble to be a part of the Constitution and a key to understanding the basic structure.
The Preamble cannot be amended in a way that destroys the basic structure.
5. Important Case Laws
5.1 Kesavananda Bharati v. State of Kerala (1973)
Landmark case on the Basic Structure Doctrine.
The Supreme Court held that the Preamble is a part of the Constitution.
It reflects the essence and philosophy of the Constitution.
Any amendment that alters the Preamble's core values can be struck down.
5.2 Minerva Mills Ltd. v. Union of India (1980)
Reinforced the significance of the Preamble.
Held that the Preamble embodies the basic structure of the Constitution.
Emphasized harmony between fundamental rights and directive principles.
5.3 S.R. Bommai v. Union of India (1994)
Highlighted the importance of secularism, as enshrined in the Preamble.
Held secularism as a basic feature of the Constitution.
Used the Preamble to interpret constitutional provisions.
5.4 Berubari Union Case (1960)
The Supreme Court examined whether the Preamble could be used to interpret the powers of Parliament to cede territory.
Held that the Preamble helps understand the Constitution’s objectives, but cannot override specific constitutional provisions.
6. Significance of the Preamble
Acts as the philosophical foundation of the Constitution.
Reflects the will and aspirations of the people.
Serves as a guide for interpretation of the Constitution.
Emphasizes the values that the State must uphold.
Ensures that the Constitution serves the interests of justice, liberty, equality, and fraternity.
7. Conclusion
The Preamble is the soul of the Indian Constitution, setting out the ideals and objectives that the Constitution seeks to achieve. It is both a symbol of India’s sovereignty and democracy and a guide for interpreting constitutional provisions. The Supreme Court has repeatedly emphasized its importance as part of the basic structure of the Constitution, ensuring that its values remain inviolable.
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