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Indian Polity

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Preamble to the Indian Constitution

• 27 Jul 2020
• 10 min read
• GS Paper - 2
• Indian Constitution
• Constitutional Amendments

What is a Preamble?

• 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.
• Source of the Constitution
• Nature of Indian State
• Statement of its objectives
• Date of its adoption

History of the Preamble to Indian Constitution

• The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947.
• Although not enforceable in court, the Preamble states the objectives of the Constitution, and acts as an aid during the interpretation of Articles when language is found ambiguous.

Components of Preamble

• It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India.
• Preamble declares India to be a sovereign, socialist, secular and democratic republic.
• The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation.
• The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.

Key words in the Preamble

• We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty means the independent authority of the State, not being subject to the control of any other State or external power.
• Sovereign: The term 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 are subject to certain limitations.
• It was added in the Preamble by 42 nd Amendment, 1976.
• It was incorporated in the Preamble by 42 nd Constitutional Amendment, 1976.
• Democratic: The term implies that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election.
• Republic: The term indicates that the head of the state is elected by the people. In India, the President of India is the elected head of the state.

Objectives of the Indian Constitution

• The main objective of the Indian Constitution is to promote harmony throughout the nation.
• Social Justice – Social justice means that the Constitution wants to create a society without discrimination on any grounds like caste, creed, gender, religion, etc.
• Economic Justice – Economic Justice means no discrimination can be caused by people on the basis of their wealth, income, and economic status. Every person must be paid equally for an equal position and all people must get opportunities to earn for their living.
• Political Justice – Political Justice means all the people have an equal, free and fair right without any discrimination to participate in political opportunities.
• Equality: The term ‘Equality’ means no section of society has any special privileges and all the people have given equal opportunities for everything without any discriminations. Everyone is equal before the law.
• Liberty: The term ‘Liberty’ means freedom for the people to choose their way of life, have political views and behavior in society. Liberty does not mean freedom to do anything, a person can do anything but in the limit set by the law.
• Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment with the country and all the people. Fraternity helps to promote dignity and unity in the nation.
• Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity.
• Without equality, liberty would produce the supremacy of the few over the many.
• Equality without liberty would kill individual initiative.
• Without fraternity, liberty would produce the supremacy of the few over the many.
• Without fraternity, liberty and equality could not become a natural course of things.

Status of Preamble

• Berubari Case: It was used as a reference under Article 143(1) of the Constitution which was on the implementation of the Indo-Pakistan Agreement related to the Berubari Union and in exchanging the enclaves which were decided for consideration by the bench consisting of eight judges.
• Through the Berubari case , the Court stated that ‘Preamble is the key to open the mind of the makers’ but it can not be considered as part of the Constitution. Therefore it is not enforceable in a court of law.
• The Preamble of the Constitution will now be considered as part of the Constitution.
• The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution.
• So, it can be concluded that preamble is part of the introductory part of the Constitution.
• In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once again held that Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India.

Amendment of the Preamble

• As a part of the Constitution, 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 42 nd 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’.
• 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 26 th January 1950.
• The concept of Liberty, Equality, and Fraternity in our Preamble was adopted from the French Motto of the French Revolution.

Legal Insights

Preamble to the Constitution of India

Essay on Preamble Of Indian Constitution

Students are often asked to write an essay on Preamble Of Indian Constitution in their schools and colleges. And if you’re also looking for the same, we have created 100-word, 250-word, and 500-word essays on the topic.

Let’s take a look…

100 Words Essay on Preamble Of Indian Constitution

Introduction to the preamble.

The Preamble is like the introduction to the Indian Constitution. It tells us about the values and principles of the country. It is like a promise to its people to give them justice, liberty, equality, and to promote brotherhood.

Goals of the Preamble

Words in the preamble.

The Preamble starts with “We, the people of India,” showing that the power of the government comes from the citizens. It talks about making India a sovereign, socialist, secular, and democratic republic.

Importance of the Preamble

The Preamble is important because it guides the people who make laws in India. It helps them remember the core values of the Constitution when they make decisions or create new laws.

250 Words Essay on Preamble Of Indian Constitution

The Preamble of the Indian Constitution is like an introduction to a book. It tells us about the values, principles, and goals of our country. It is the opening statement of the Constitution and gives us a brief idea of what the rest of the document is about.

What the Preamble Says

The Preamble declares India as a “Sovereign Socialist Secular Democratic Republic.” This means that India is free to make its own decisions, supports social equality, respects all religions equally, believes in fair and equal voting rights, and is run by the people for the people. It also aims to secure justice, liberty, equality, and to promote fraternity among all citizens.

The Goals of the Preamble

The Preamble sets the direction for the country. It aims to make sure that every person gets fair treatment, has the freedom to speak, think, and worship as they like, and is treated equally before the law. It also wants to make sure that people from different backgrounds feel like they belong to the same big family.

Significance of the Preamble

The Preamble is very important because it guides the people who make laws and the courts that explain these laws. It also helps the citizens understand the essence of the Constitution and the rights and duties it gives them.

500 Words Essay on Preamble Of Indian Constitution

Words and their meaning.

The Preamble starts with the words “We, the people of India.” This means all the rules in the Constitution come from the citizens of India. It says that India will be a “Sovereign, Socialist, Secular, Democratic Republic.” Sovereign means no other country can tell India what to do. Socialist means the wealth of the country should be shared fairly among its people. Secular means the government will treat all religions equally. Democratic means the people have the power to choose their leaders. Republic means the head of the country is not a king or queen but someone elected by the people.

The Preamble sets four main goals: Justice, Liberty, Equality, and Fraternity. Justice means everyone should be treated fairly by the law. Liberty means everyone has the freedom to speak, believe, and think what they want. Equality means everyone should have the same chance to succeed in life, no matter where they come from. Fraternity means we should all treat each other like brothers and sisters, and make sure everyone feels like they belong to India.

Changes to the Preamble

The Preamble was changed once. In 1976, three new words were added: Socialist, Secular, and Integrity. Integrity means that the country should be united and strong, with no parts wanting to break away.

If you’re looking for more, here are essays on other interesting topics:

Happy studying!

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Preamble to the Indian Constitution

Last updated on October 10, 2023 by Alex Andrews George

This post, Preamble to the Indian Constitution, is a part of our new ambitious article series on Indian Constitution and Polity, covering all the important topics from Article 1 to Article 395.

We have already published a mega-post listing all the articles (1-395) of the Constitution of India arranged under their respective chapters and parts.

In the coming posts, we plan to elaborate on each sub-topic. Our basis of discussion will be the Constitution of India.

Each post will discuss articles taken from Constitution first.  Their explanations, questions and concepts follow in the later part of each post. Aspirants are advised to revisit each of the coming posts time and time again, as we may update posts with current events related to the Indian Consitution.

We hope this article series greatly benefit all aspirants to prepare well for Prelims and Mains under our Prelims cum Mains Integrated approach . So let’s start well with the Preamble.

Also read: Impartiality and Non-Partisanship

Table of Contents

The preamble to the Indian Constitution

The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose, principles and philosophy of the constitution. The preamble gives an idea about the following: (1) the source of the constitution, (2) the nature of the Indian state (3) a statement of its objectives and (4) the date of its adoption.

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.

Source of the Constitution

We, the people of India.

The phrase “We the people of India” emphasises that the constitution is made by and for the Indian people and not given to them by any outside power.

It also emphasizes the concept of popular sovereignty as laid down by Rousseau: All the power emanates from the people and the political system will be accountable and responsible to the people.

Nature of Indian state

• Sovereign: India is internally and externally sovereign – externally free from the control of any foreign power and internally, it has a free government that is directly elected by the people and makes laws that govern the people. No external power can dictate the government of India.
• Socialist: “Socialism” is an economic philosophy where means of production and distribution are owned by the State. India adopted Mixed Economy, where apart from the state, there will be private production too. Socialism as a social philosophy stresses more on societal equality.
• Secular: Features of secularism as envisaged in the Preamble is to mean that the state will have no religion of its own and all persons will be equally entitled to the freedom of conscience and the right freely to profess, practice and propagate the religion of their choice. (S R Bommai and Others v Union of India, AIR 1994 SC 1918)
• Democratic: Indicates that the Constitution has established a form of government that gets its authority from the will of the people. The rulers are elected by the people and are responsible to them.
• Republic: As opposed to a monarchy, in which the head of state is appointed on the hereditary basis for a lifetime or until he abdicates from the throne, a democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years. The post of the President Of India is not hereditary. Every citizen of India is eligible to become the President of the country.

Objectives of Indian State

• Justice: Social, Economic and Political.
• Equality: of status and opportunity.
• Liberty: of thought, expression, belief, faith and worship
• Fraternity (=Brotherhood): assuring the dignity of the individual and the unity and integrity of the nation.

Date of its adoption

The date of adoption of the Constitution is 26th November 1949.  But most of the articles in the Constitution came into force on January 26th, 1950. Those articles which came into existence on 26th November 1949 is given by Article 394.

Article 394 states that this article (394) and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January 1950, which day is referred to in this Constitution as the commencement of this Constitution.

26 January was selected for this purpose because it was this day in 1930 when the Declaration of Indian Independence (Purna Swaraj) was proclaimed by the Indian National Congress.

Info Bits related to Preamble of Indian Constitution

• Who was the Calligrapher of the Indian Constitution: Prem Behari Narain Raizada (1901–1966) was the calligrapher who hand-wrote the Constitution of India.
• Who was the chief artist behind the illustration of the original Indian Constitution: Nandalal Bose took up the historic task of beautifying/decorating the original manuscript of the Constitution of India. He was assisted by his disciple Beohar Rammanohar Sinha.
• Who designed and decorated the Preamble page of the Indian Constitution: The preamble page, along with other pages of the original Constitution of India, was designed and decorated solely by renowned painter Beohar Rammanohar Sinha  of Jabalpur.
• Supreme Court of India  has, in the  Kesavananda case, recognised that the preamble may be used to interpret ambiguous areas of the constitution where differing interpretations present themselves. (In the 1995 case of Union Government Vs LIC of India also the Supreme Court has once again held that Preamble is an integral part of the Constitution.
• As originally enacted the preamble described the state as a “sovereign democratic republic”. In 1976 the Forty-second Amendment changed this by adding words socialist and secular to read “sovereign  socialist   secular  democratic republic”.

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About Alex Andrews George

Alex Andrews George is a mentor, author, and social entrepreneur. Alex is the founder of ClearIAS and one of the expert Civil Service Exam Trainers in India.

He is the author of many best-seller books like 'Important Judgments that transformed India' and 'Important Acts that transformed India'.

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Reader Interactions

January 14, 2015 at 8:17 am

Can you send me web- location where experts give their opinion on current issues?? Plz help me and plz help me how can I do online preparation ??

May 3, 2016 at 4:58 pm

“Date of adoption of the Constitution is 26th November, 1950. But most of the articles in Constitution came into force on January 26th, 1950.”

In the above statement the date of adoption of the Constitution should be 26th November 1949 and not 1950. please correct it.

May 3, 2016 at 8:31 pm

@Santhosh: Thanks for pointing out the typo. We have updated the same. Welcome more feedback like this.

March 29, 2023 at 12:13 pm

brother you should have to go through the preamble first itself,it stated that IN OUR CONSTITUENT ASSEMBLY this twenty six day of november,1949 do HEREBY ADOPT,ENACT AND GIVE TO OUR SELVES THIS CONSTITUTION.

June 26, 2016 at 8:21 am

Intergrity is also added along with Unity in 42 amd act, 1976

October 18, 2016 at 6:22 pm

y cant u just upload lectures of these topics in youtube it is much usefel for us

July 25, 2017 at 9:53 pm

can judiciary make laws ?

November 18, 2017 at 9:20 am

No its only adjudicating body in the democratic process

January 29, 2019 at 1:15 pm

judgement passed by supreme court is itself a law.

June 11, 2024 at 10:27 am

It is the job of legislatures to make laws. Judiciary only protect our constitutional rights !

February 21, 2018 at 11:43 pm

How come Secularism in India and SR Bommai Case are related to each other,kindly explain?

February 24, 2018 at 1:28 pm

Explain the schedules of preamble

April 25, 2018 at 10:00 pm

Is it enough for upsc about preamble

June 17, 2018 at 11:36 pm

For UPSC nothing is enough the more u study the more u get closer to UPSC

September 11, 2018 at 7:21 pm

I think the decorations and artworks in the Constitution were done under the supervision of Nandlal Bose from shantiniketan. Beohar Rammonohar Sinha was among the disciples of Nandlal Bose who worked on the Constitution under the supervision of Nandlal Bose. Though Beohar Rammonohar Sinha decorated the preamble solely thus a singnature as ‘Ram’ can be seen at the bottom right corner of the preamble page.

So, it would be incorrect to say “The preamble-page, along with other pages of the original Constitution of India, was designed and decorated solely by renowned painter Beohar Rammanohar Sinha of Jabalpur”. (The solely and the other pages should be removed).

December 17, 2018 at 12:48 am

Very much useful.

March 10, 2019 at 6:33 pm

How can we aware with all general awareness on exact time ,,,if you can do anything regarding to upsc please help to online study

July 28, 2019 at 2:06 pm

The 42nd Amendment Act also added the word “INTEGRITY” as it was not in the original PREAMBLE.

November 19, 2019 at 10:45 pm

This is incorrect. The preamble does not have the word “Socialist” in it. Bjp is a socialist party and that is a different thing.

June 15, 2020 at 2:31 pm

Can you explain about Lic of India vs Union of India case

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Preamble to the Indian Constitution

The Preamble to the Indian Constitution refers to the introduction or preface to the Indian Constitution. As a text containing the essence of the Constitution, it is a reflection of the nation’s identity, its democratic ethos, and its foundational principles. This article of Next IAS aims to explain the meaning of the Preamble, its historical background, components, significance, and other aspects related to it.

Meaning of the Preamble to the Indian Constitution

• The term ‘Preamble’ refers to the introduction or preface to the Constitution . It contains the summary or essence of the Constitution, along with the ideals and aspirations upon which the Indian state is founded.
• While describing the meaning of the Preamble of the Indian Constitution, an eminent jurist N.A. Palkhivala has called it the ‘Identity Card of the Constitution’. Similarly, K.M. Munshi has described it as the ‘Political Horoscope of the Constitution’.

Historical Background

On December 13, 1946 , Nehru moved the ‘Objective Resolution’ in the Constituent Assembly. This resolution defined the basic goal or purpose of the Indian Constitution. It also acted as the guiding principle for the members of the constituent assembly in framing the constitution. The same resolution was adopted as the Preamble to the Indian Constitution on January 22, 1947.

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 26th day of November 1949, do HEREBY ADOPT, ENACT, and GIVE TO OURSELVES THIS CONSTITUTION.

Components of the Preamble

• Source of authority for the Constitution – The Preamble states that the Constitution derives its authority from the people of India.
• Nature of Indian State – It declares India to be a Sovereign, Socialist, Secular Democratic, and Republican Polity.
• Objectives of the Constitution – It specifies Justice, Liberty, Equality, and Fraternity as the objectives.
• Date of adoption of the Constitution – It stipulates November 26, 1949 , as the date of its adoption.

Key Words in The Preamble

“we, the people of india”.

It is this phrase that affirms that the Constitution of India derives its authority and legitimacy from the people of India.

• This phrase states that the Constitution is not imposed by any external authority but is drafted and adopted by the people themselves, reflecting their collective will and aspirations.
• It signifies the power and responsibility vested in the citizens to govern themselves and participate in the democratic process.

The word ‘sovereign’ implies that India is neither dependent on nor dominated by any other country, but it is a self-governing state.

• No authority is above it, and it is free to manage its own external and internal affairs.
• Being a sovereign state, India can either acquire a foreign territory or cede a part of its territory in favor of a foreign state.

The word ‘socialist’’ implies that it envisions a socio-economic system where there is an equitable distribution of wealth, resources, and opportunities, aiming to reduce economic inequalities among citizens.

• The Indian brand of socialism is a ‘ democratic socialism ’ wherein both private and public sectors co-exist side by side.

The word ‘secular’ emphasizes the principle of religious neutrality and the separation of religion from the affairs of the state.

• The Indian Constitution embodies the positive concept of secularism, which means all religions in our country, irrespective of their strength, have the same status and support from the state.
• This principle fosters social harmony, tolerance, and respect for religious diversity in a pluralistic society like India.

The word ‘democratic’ emphasizes the establishment of a government that is accountable to the people and operates based on the consent of the governed.

• The Indian Constitution provides for a representative parliamentary democracy under which the executive is responsible to the legislature for all its policies and actions.
• Universal voting rights for all adults, periodic elections, the supremacy of law, independence of the judiciary, and the absence of discrimination based on certain attributes are signs of the democratic nature of India’s political system.
• The term ‘democratic’ embraces not only political democracy but also social and economic democracy.

The term “republic” signifies a form of government where the head of state is elected by the people or their representatives, rather than being hereditary or appointed based on lineage.

• It reflects the rejection of monarchy and the establishment of a political system based on democratic principles, where the authority of the government is derived from the consent of the governed.
• Political sovereignty is vested in the people rather than a single ruler like a king.
• There is no privileged class, so all public offices are open to every citizen without any discrimination.

The term ‘justice’ signifies the commitment of the Indian state to ensure social, economic, and political justice for all its citizens.

• Social justice – It refers to the equal treatment of all citizens regardless of social distinctions like caste, color, race, religion, gender, etc. It means the absence of privileges for any particular group in society and improving conditions of Backward Classes (SCs, STs, and OBCs) and Women.
• Economic justice – It denotes non-discrimination between people based on economic factors. It also involves the elimination of inequalities in income, wealth, and property.
• Political justice – It implies that all citizens should have equal political rights, equal access to all political offices, and equal voice in the government.
• The ideal of justice – social, economic, and political – has been taken from the Russian Revolution.

The term ‘liberty’ means the absence of restraints on the activities of individuals, along with providing opportunities for individual growth and development.

• The Preamble seeks to secure for all citizens the fundamental rights of liberty of thought, expression, belief, faith, and worship, which are enforceable in a court of law.
• Liberty, as conceived by the Preamble, is not absolute but qualified. It means that liberty does not mean ‘license’ to do whatever one likes. Instead, it has to be enjoyed within the limitations mentioned in the Constitution.

The term ‘equality’ means the absence of special privileges for any section of society and the provision of adequate opportunities for all individuals without any discrimination.

• Civic Equality – The Fundamental Rights under the Right to Equality (Article 14-18) seek to ensure civil equality.
• Political Equality – The two provisions of the Constitution related to elections, as mentioned in Article 325 and Article 326, seek to ensure political equality.
• Economic Equality – The Directive Principles of State Policy, as mentioned in Article 39, directs the state to secure men’s and women’s equal rights to an adequate means of livelihood along with equal pay for equal work. This seeks to ensure economic equality.

The term “fraternity” emphasizes the importance of fostering a sense of brotherhood and unity among all citizens.

• The Preamble declares that fraternity has to assure two things—the dignity of the individual and the unity and integrity of the nation.
• The phrase ‘ dignity of the individual ’ signifies that the Constitution ensures material betterment and recognizes every person’s sacred individuality.
• The phrase ‘ unity and integrity of the nation ’ embraces both the psychological and territorial dimensions of national integration. It aims at overcoming hindrances to national integration like communalism, regionalism, casteism, linguism, secessionism, and so on.

Significance of Preamble of Indian Constitution

• The Preamble of the Indian Constitution embodies the basic philosophy and fundamental values on which the Constitution is based. Thus, it provides a glimpse of the Constitution of India.
• As the soul and key to the Constitution , it provides a guiding framework for the interpretation and implementation of the various provisions of the Constitution.
• It serves as the guiding light for governance , providing a moral compass for policymakers and lawmakers. It reminds them of the overarching goals of justice, equality, liberty, and fraternity that they must strive to achieve in their decision-making processes.
• It symbolizes the unity and diversity of India by acknowledging the plurality of its citizens and their diverse backgrounds, languages, cultures, and religions.
• It serves as an inspiration for citizens, reminding them of their rights, duties, and responsibilities towards the nation. It instills a sense of patriotism, civic duty, and commitment to the ideals of justice, equality, and fraternity among the populace.

Major Issues and Judgments Related to the Preamble

Is the preamble a part of the constitution of india.

One of the major discussions related to the Preamble of India has been that – whether the Preamble is a part of the Constitution or not. The evolution of opinion on this issue can be seen through the following landmark judgments of the Supreme Court-

Berubari Union Case, 1960

In this case, the Supreme Court made the following two observations regarding the Preamble of India-

• The Preamble is not a part of the Constitution.
• Since the Preamble serves as the key to the minds of our Constitution makers, some assistance in interpreting any ambiguity in the Constitution can be taken from the Preamble.
• Thus, the position of the Preamble after this judgment was that – The Preamble is not a part of the Constitution, though some assistance in the interpretation of the Constitution may be taken from it.

Kesavananda Bharati Case, 1973

In this judgment, the Supreme Court reversed its stand on the Preamble and made the following observations-

• The Preamble of the Indian Constitution will now be considered a part of the Constitution.
• It will play an important role in the interpretation of statutes and other various provisions of the Constitution.

LIC of India Case, 1995

The Supreme Court once again ruled that the Preamble is an integral part of the Constitution , but it cannot be directly enforced in a court of justice in India.

Can the Preamble be Amended?

Another important discussion related to the Preamble of the Indian Constitution has been – whether the Preamble can be amended under Article 368 or not. The evolution of opinion on this issue can be seen through the following landmark developments-

In this case, the Supreme Court held that the Preamble is a part of the Constitution and hence can be amended, subject to the condition that no amendment is done to the ‘Basic Structure’ of the Constitution.

Amendment to the Preamble

The Preamble to the Constitution has been amended only once by the 42nd Constitutional Amendment Act of 1976. The amendment, which was made based on the recommendations of the Sardar Swaran Singh Committee, added three new words – Socialist, Secular, and Integrity – to the existing Preamble.

• ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’ .
• ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.

The Preamble of the Indian Constitution serves as a foundational document and guiding light that outlines the objectives of the whole Constitution. It’s a declaration that acts as a fountainhead of wisdom for the Constitution of India. Therefore, while making a law, lawmakers have to examine it on the threshold of the Preamble of the Constitution.

Frequently Asked Questions (FAQs)

What is the meaning of the preamble of the indian constitution.

The Preamble of the Indian Constitution is an introductory statement that outlines the objectives, principles, and ideals upon which the Constitution is based. It declares India to be a sovereign, socialist, secular, democratic, and republican nation and emphasizes justice, liberty, equality, and fraternity as its core values.

From where have the ideals of justice – Social, Economic, and Political – been taken?

The idea of social, economic, and political justice has been taken from the Russian Revolution (1917).

What is the original Preamble of the Indian Constitution?

The original Preamble of the Indian Constitution succinctly states the aspirations and objectives of the framers, emphasizing justice, liberty, equality, and fraternity, ensuring the dignity of individuals and the unity and integrity of the nation.

What is the Importance of the Preamble of the Indian Constitution?

The Preamble of the Indian Constitution is important because it outlines the Constitution’s objectives, declares the source of its authority, provides a framework for interpretation, emphasizes unity and integrity, and serves as an inspirational document.

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Constitution of India

Home / constitution of india, constitutional law, preamble to the constitution of india,  18-sep-2023.

• Constitution of India, 1950 (COI)

Introduction

• It is the preface of the Constitution of India (COI).
• It is an introductory statement marking the principles governing the COI.
• It prologues the nature and objective of the Constituent Assembly behind drafting the Constitution.
• It mentions the source from where the Constitution derives its power , that is the people of India.
• The Constituent Assembly adopted it on the 26 th of November 1949.
• Beohar Rammanohar Sinha of Jabalpur designed the page of Preamble along with the other pages of the Constitution of India.
• It was amended by the 42 nd Amendment Act of 1976 for the first and final time .

Components of the Preamble

• Source of the Constitution: Lies in the people of India.
• Nature of the Constitution: Sovereign, Socialist, Secular, Democratic and Republic.
• Objectives of the Constitution : Justice, Liberty, Equality and Fraternity along with Unity and Integrity of the nation.
• Date of Adoption and Enactment: 26 th November 1949.

Fundamental Features of the Preamble

• Sovereign: No external authority can interfere in the decision of the dominion . The nation is independent against alien control.
• Socialist: The nation aims towards social wellbeing. The component of socialist nature is a mixed economy.
• Secular: The state does not have any national religion. All religion is equal in the eyes of state.
• Democratic: The government is elected by the will of the people voting as per the Constitution.
• Republic: The head of the state is elected by the people.

Objectives of the Preamble

• Justice: The establishment of Social, Economic, and Political Justice is important to maintain order in society.
• Liberty : Freedom of thought, expression, belief, faith and worship , Liberty of one person must not encroach it of the other.
• Equality: To keep everyone equal before law it is important to establish equality of status and opportunity.
• Fraternity: Brotherhood among people to ensure the dignity of individuals and unity and integrity of the nation.
• The eight judges bench considered the matter on Indo–Pak Agreement. The bench stated that the Preamble is not a part of the Constitution and hence is not enforceable by law. Moreover, it is a key to open the minds of makers.
• The 13 judges bench termed the Preamble as a part of the Constitution . It does not hold any supreme authority but acts as a guiding light to interpret the statutes and provisions of the Constitution.
• The Supreme Court reiterated that the Preamble is an integral part of the Constitution. But it is not legally enforceable before the court.
• The Supreme Court emphasized the concept of Secularism stating that the state does not have any religion and people belonging to any religion have equal freedom of conscience and right to practice, profess or propagate any religion.

The Preamble to the Constitution is an introductory document summarizing the objectives and states the principles on which the Legislative, Executive, and Judiciary are based. The status of the Preamble was taken into consideration in various judgments but was eventually amended in the Kesavananda Bharti case which declared it as a part of the Constitution.

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Preamble of the Indian Constitution - Facts for UPSC Indian Polity

The ‘Preamble’ of the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document, and it indicates the source from which the document which derives its authority, meaning, the people. It was adopted on 26 November 1949 by the  Constituent Assembly of India  and came into effect on 26th January 1950.

As a part of the Indian Polity of IAS Exam , it makes an important section. Hence, this article will talk about Preamble to the Constitution and provide you with the preamble of the Indian constitution notes PDF. You can also read about the Objective Resolution which is, in the modified version, reflected in the Preamble of India.

Preamble of India – Objective Resolution

In 1946, Objective Resolution was moved by Jawaharlal Nehru, describing the constitutional structure. In 1947 (22nd January) it was adopted. It shaped the Constitution of India and its modified version is reflected in the Preamble of the Indian Constitution. The basic tenets that the objective resolution highlighted were:

• Constituent Assembly’s resolve to see India as independent, sovereign and republic
• To draw a Constitution for India
• To make all territories of pre-independent India into united states of post-independent India
• To realize residual powers, autonomy on such states as the Constitution of India reflects
• To realize a union with a power which will be different from those given to such states
• The people of India to play the source of power and authority of the sovereignty, and independence
• To provide justice, social, economic and political equality of status of opportunity and, freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality before the law
• To provide adequate safeguards to the minorities, tribal and backward areas and other depressed and backward classes
• To maintain the integrity of the Indian Republic’s territory and its territorial rights on land, sea, and air according to the justice and law of the civilized nation
• To promote peace and welfare among the worldly nations.

The topic, ‘Preamble of India’ is an important one for Indian Polity subject. Questions can be asked from it in both prelims and mains. To see what kind of questions have been asked before, you can check the Polity questions of UPSC Mains GS 2 .

Preamble of India – Facts for UPSC

The hopes and aspirations of the people, as well as the ideals before our nation, are described in the preamble in clear cut words. It may be considered as the soul of the Constitution. The preamble can be referred to as the preface which highlights the entire Constitution.

Interesting Facts about Preamble of Indian Constitution

• It was enacted after the enactment of the entire Constitution of India
• The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976.
• The Preamble secures to all citizens of India liberty of belief, faith and worship
• Ideal of justice (social, economic and political) in the Preamble are borrowed from the Soviet Union (Russia) Constitution
• Republic and the ideals of liberty, equality and fraternity are borrowed from the French Constitution
• Preamble, in itself, has been first introduced through the American Constitution

Read more about sources of Indian Constitution from the linked article.

Four Main Ingredients of the Indian Preamble

The source of the Indian Constitution, the nature of the Indian State, the objectives of the Constitution of India & the date of adoption of the Indian State, are four main ingredients of the Indian Preamble which you can read about in the table below:

Keywords in the Preamble of the Indian Constitution

There are some important keywords in the Preamble of India like:

Aspirants can get Consitution questions of UPSC Mains GS 2 in the linked article.

Preamble of India – UPSC Notes:- Download PDF Hereth

Aspirants can read the below-mentioned articles related to Indian Constitution:

Frequently Asked Questions related to Preamble of Indian Constitution

How many words are in the preamble of the indian constitution, what is preamble explain, what are the beginning words in the preamble to the constitution of india, is the preamble basic structure of the constitution.

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Home » Indian Polity » Indian Constitution » Significant Provisions » Preamble

American constitution was the first to begin with a preamble. Many counties, including India, followed this practice. A preamble is an introductory and expressionary statement in a document that explains the document’s purpose and underlying philosophy.

Some statements by eminent personalities regarding the preamble of the Indian constitution

• ‘Identity card of the constitution’- NA Palkhivala
• ‘The preamble to our constitution expresses what we had thought or dreamt so long’- Sir Alladi Krishnaswamy Iyer
• ‘The horoscope of our constitution’- Dr KM Munshi
• ‘It is the soul of the constitution. It is a key to the constitution. It is a jewel set in the constitution. It is a proper yardstick with which one can measure the worth of the constitution’- Pandit Thakur Das Bhargava
• ‘Key-note of the constitution’- Sir Ernest Baker

‘Preamble is the soul of our constitution, which lays down the pattern of our political society. It contains a solemn resolve, which nothing but a revolution can alter’- Former Chief Justice of India, M Hidayatullah

Text of the preamble

Four important aspects can be ascertained from the above text of the preamble

• Source of authority of the constitution : It derives its authority from the people of India
• Nature of Indian state : It declares India to be a sovereign, socialistic, secular democratic and republican polity
• Objectives of the constitution : It specifies justice, liberty, equality and fraternity as the objectives
• Date of adoption : Nov 26 th , 1949

Key terms in the preamble

• It implies India is neither a dependency nor a dominion of any other nation but an independent state
• Membership of the commonwealth for India or UN membership does not diminish its sovereignty
• The term was added through 42 nd amendment act, 1976
• However, various provisions in the constitution existed that indicated the socialistic nature of our constitution. Ex: Directive Principles of State Policy (DPSP)
• The congress party adopted a resolution supporting socialism way back in 1955
• Indian style of socialism is a democratic socialism (both public and private enterprises is encouraged) as opposed to communist socialism (state decides everything under the sun concerning the distribution and usage of resources)
• Indian socialism is a blend of Marxist and Gandhian socialism, with heavy leanings towards the latter.
• However, the Supreme Court said in 1974, although the ‘secular state’ was not expressly mentioned in the constitution, there can be no doubt that constitution-makers wanted to establish a secular state.
• This is evident when one considers the secular Fundamental provisions of our constitution. Ex: Right against discrimination based on religion, race, caste etc
• Our constitution establishes a democracy based on popular sovereignty
• Our democracy is an indirect democracy where elected representatives take decision concerning the country. (The opposite of this happens to be direct democracy where citizens take decisions using tools such as- referendum, plebiscite, initiate and recall)
• Our democracy is based on representative parliamentary democracy under which the executive is responsible to the legislature
• The term democratic is used in the preamble in the broader sense embracing not only political democracy but also social and economic democracy

Quote to remember

“Political democracy cannot last unless there lies at the base of it social democracy. What does social democracy mean? It means a way of life which recognizes liberty, equality and fraternity as the principles of life.”- Dr BR Ambedkar

“The constitution envisions to establish an egalitarian social rendering to every citizen social, economic and political justice in a social and economic democracy of the Bharat republic- Supreme Court observation in a case in 1997

• India is democratic republic, meaning, its offices are open to every citizen of India unlike the UK where the highest office in the country is reserved for the monarchy
• It was borrowed from USSR constitution
• The ideal of justice in this case embraces three distinct forms- social, economical and political
• Social justice denotes the equal treatment of all citizens without any social discrimination
• Economic justice denotes the non-discrimination between people on the basis of economic factors
• A combination of social justice and economic justice denotes what is known as ‘distributive justice’
• Political justice means all citizens should have equal political rights, equal access to all political offices and equal voice in the government
• It means the absence of restraints on the activities of individuals and the same time, providing opportunities for the development of individuals
• The preamble assures to all citizens- liberty of thought, expression, belief, faith and worship through various provisions
• This ideal was borrowed from French revolution
• It means the absence of special privileges to any section of the society and provision of adequate opportunities for all individuals without any discrimination
• The equality mentioned in the preamble embraces- civic, political and economic quality
• Various provisions of our constitution give effect to this principle
• Fraternity means a sense of brotherhood
• The preamble declares that fraternity has to assure two things- the dignity of the individual and the unity and integrity of the nation. The word integrity was added through 42 nd constitutional amendment act, 1976
• The constitution tries to promote a sense of fraternity through the system of single citizenship and provisions included in Fundamental duties
• Dr KM Munshi opined that ‘dignity of the individual’ signifies that constitution not only ensures material betterment and maintain a democratic set-up, but it also recognizes that the personality of every individual is sacred

Preamble- the philosophical key to the constitution

• It will be seen that the ideal embodied in the Objectives Resolution in 194 is faithfully reflected in the preamble to the Constitution, which as amended in 1976 summarizes the aims and objects of the Constitution.
• The importance and utility of the preamble has been pointed out in several decisions of our Supreme Court. Though by itself, it is not enforceable in a court of law, the preamble to a written Constitution states the objects which the constitution seeks to establish and promote and also aids the legal interpretation of the constitution where the language is found to be ambiguous.
• For a proper appreciation of the aims and aspirations embodied in Indian constitution, therefore India must turn to the various expressions contained in the preamble

Preamble as part of the constitution

• In the Berubari Union Case (1960), the Supreme Court opined that the Preamble was not part of the constitution
• The above opinion was reversed in Keshavananda Bharati case in 1973; the SC held that Preamble is part of the constitution. This opinion was further clarified by the SC in LIC of India case (1995)

Note: Though preamble is part of the constitution

• It is a neither a source of power to legislature nor a prohibition upon the powers of legislature
• It is a non-justiciable, that is , its provisions are not enforceable in any courts of law

Preamble and its amendability

In Keshavananda Bharati case, the court held that the basic elements or the fundamental features of the constitution as contained in the preamble cannot be altered by an amendment under article 368.

The preamble has been amended only once. That is- 42 nd constitutional amendment act, 1976 when three new terms were added- Socialist, secular and integrity

Practice questions

Preamble contains the aims and aspirations of the constitution. Explain what those aims are? Discuss whether the ideal of secularism has undergone a change since independence? (250 words)

The Preamble is widely accepted as the epitome or soul and spirit of the Indian constitution. Discuss. (250 words)

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Essay On Constitution Of India

The Constitution of India is a set of rules and regulations that was drafted by a committee headed by Dr. B.R Ambedkar. It contains the guidelines as per which our country is expected to function such that its political, legal, and social ecosystems stay maintained. Here are a few sample essays on “Constitution of India”.

100 Words Essay On Constitution of India

The Constitution of India is a legal document that outlines the political system's framework and the obligations, privileges, and restraints to which this country should adhere.

The Indian Constitution came into force on this date in 1950. Although Dr. Ambedkar is renowned for his significant contribution to the constitution's drafting, 299 people put a lot of effort into making it what it is today.

The Indian constitution is the lengthiest in the world. There are 25 parts, 448 articles, and 12 schedules in it. The people who wrote the constitution had to pay attention to even the most minor details because our country is vast, with many different cultures, castes, religions, and states.

200 Words Essay On Constitution of India

The Indian constitution is a document which contains the framework of our political system, the duties, rights, limitations, and structure of government that we should follow in this nation. In addition, it lays out the rights and obligations of Indian citizens. In India, nobody, not even the prime minister or the president, can violate the constitution.

Republic Day | India celebrates Republic Day on January 26 every year. This day is remembered as when the Indian Constitution became effective in 1950. Dr. Ambedkar played a significant role in drafting the constitution, but 299 others prominently contributed to its creation.

Length | The Indian constitution is the lengthiest in the world. It has 448 articles organised into 25 parts and 12 schedules. The drafting and enforcement of the constitution were democratic processes. It protects the fundamental rights of every Indian.

Provisions | The constitution divides the strengths of three governmental institutions: the executive, judiciary, and legislature. This means that the Indian Constitution advocates for a federal government. According to the Preamble, the country's unity and integrity must be safeguarded by achieving justice, liberty, and equality for all people. State governments and the central government share government powers. The constitution says India is a republic, meaning no dictator or king governs it. Individuals are the public authority. Citizens elect their leaders every five years.

500 Words Essay on The Constitution of India

The longest constitution of any sovereign state in the world, the Indian Constitution offers a comprehensive framework for governing the nation while considering its diversity in social, cultural, and religious beliefs.

Constituent Assembly

The members of the provincial assemblies chosen by the Indian people formed the Constituent Assembly of India, which drafted the constitution. Dr Sachidanand Sinha presided over the Constituent Assembly as its first president. Later, Dr Rajendra Prasad was chosen to serve as its leader.

Length Of The Constitution

The Indian Constitution is the world's longest-written constitution for any sovereign nation and is a unique document with many extraordinary features. The constitution's original text had 395 articles divided into 25 parts and 12 schedules. It became effective on January 26, 1950, and India celebrated Republic Day. Since then, 100 amendments have brought the total number of articles to 448.

Drafting Of The Constitution

The Indian Constitution, which offers a comprehensive and dynamic framework to guide and govern the country while keeping in mind its unique social, cultural, and religious diversity, is credited to Dr BR Ambedkar, chairman of its drafting committee. It creates the three main branches of government—executive, legislative, and judicial—and lays out their respective roles, responsibilities, and powers. It also governs their interactions with one another.

In the Preamble to the Constitution, India is described as a welfare state dedicated to securing justice, liberty, and equality for all citizens and fostering fraternity, the dignity of each person, and the unity and integrity of the country. The Preamble's objectives form the fundamental framework of the Indian Constitution, which cannot be changed. The Preamble's opening and closing clauses, "We, the People... adopt, enact, and give to ourselves this Constitution," indicate that the people ultimately hold the reins of power.

Fundamental Rights

The constitution grants citizens a wide range of fundamental rights. These include the following:

The right to equality

The right to freedom

The right against exploitation

The right to freedom of religion

The right to cultural and educational freedom

The right to constitutional remedies

These rights are actionable in court, and if one is violated, a person may file a petition with the Supreme Court or one of the High Courts. However, there are limitations to India's fundamental rights. It is possible to impose reasonable limitations. Fundamental duties were added to the constitution by the 42nd Amendment in 1976 to remind people that while exercising their rights as citizens, they also have obligations because rights and obligations are correlated.

Directive Principles Of State Policy

The constitution also has a chapter on the ‘Directive Principles Of State Policy’. These serve as instructions to the government on how to put them into practice to establish social and economic democracy in the country.

The fact that the constitution is a living document that can change over time through interpretation or amendment is one of its advantages. To avoid impeding the nation's and its people's progress, it is also among the most frequently amended constitutions in the world.

As a result, the success of the Indian Constitution for a nation as diverse and as complex as India continues to fascinate, astound, and incite experts worldwide.

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Essay on Preamble of the Constitution

In this essay we will discuss about preamble of the constitution. After reading this essay you will learn about:- 1. Introduction to the Preamble of the Constitution 2. Preamble and its Significance 3. Sources of Preamble 4. Preamble of the Constitution 5. Critical Evaluation of Preamble of the Constitution.

List of Essays on the Preamble of the Constitution

Essay Contents:

• Essay on Critical Evaluation of Preamble of the Constitution

Essay # 1. Introduction to the Preamble of the Constitution:

The Constitution of India is prefaced with a Preamble which is supposed to reflect the thinking and ideology of constitution itself and view point of its makers. It is, however, not an integral part of the main document and as such not subject to judicial review. But at the same time it occupies a pivotal position in the interpretation or classification of any vagueness in the constitution.

It is thus key to the constitution. It also indicates the sources as well as the sanction and pattern of the constitution and is supposed to indicate its contents. The whole constitution can be measured with this yard stick and as such it has been called as perfection in itself.

It reflects country’s glorious values. In the words of Pt. Thakur Das Bhargav, “I would like that we examine all the provisions of the constitution by touch stone of the Preamble and thus decide whether constitution is good or not.”

Essay # 2. Preamble and its Significance :

C J. Suba Rao in the case of Gokalnath Vs. the State of Punjab maintained that the Preamble of the Constitution contains in nutshell its ideals and aspirations. In case, however, preamble is dropped it will not change the statute itself.

About preamble Shukla says, “It is neither regarded as a source of any substantive governmental power nor by itself alone it inputs any limitations on the exercise of powers nor expressly or impliedly prohibited by the constitution.’ In the world there are many constitutions which do not have any preamble. All that can be said is that preamble gives the constitution greater dignity.

The preamble of Indian constitution, however, not only reflects basic character of the State but also specifies at me length purposes and objectives of the constitution. Though not a part the constitution, the preamble can be referred to, explain and elucidate a point where there is some ambiguity.

There are, however, several cases in which the preamble of the constitution has been given much importance. In Indo-Pakistan Agreement Supreme Court of India observed that preamble to the constitution is a key to open the mind of the makers. In Keshvananda Bharti case all the judges look the view that preamble of the constitution is its integral part.

In Berubari Union case it has also been held that preamble is part of the Constitution. because it is expressly voted to be the part of the constitution. In the words of Dr. Dayal, “A majority of the judges of the Full Bench who expressed an opinion on the point, held that the objectives specified in re amble contain the basic structure of the constitution which cannot be amended in exercise of the powers under Section 368.”

In the words of Basu, “In other words preamble shows the general purpose behind the several provisions of the constitution but, nevertheless, it is never regarded as a source of any substantive prohibition or limitation.”

In fact, opinions even in the courts of law continue to vary whether preamble is part of the constitution or not and whether it is possible to amend it or it is too holy to be touched. In several cases the courts of law have given different opinions and viewpoints about the position and place of preamble in the constitution and as such the issue has become somewhat confusing.

Essay # 3. Sources of Preamble:

Indian constitution makers were inspired by the constitutions of the USA, Australia, France, Italy and West Germany, which contain a preamble to their respective constitutions.

The influence of the US constitution which has been dedicated to the people of that country, had, however, immense influence on constitution makers of India. Accordingly like the constitution of the USA, the Indian Constitution too has been dedicated to our people.

In addition to this, while drafting the Preamble to the constitution, our constitution makers were influenced by the Resolution of Constituent Assembly passed as early as in January, 1947, which reads as follows:

“The Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic…

Wherein all powers and authority of the Sovereign Independent India, its constituent parts and organs of government are derived from the people;

Wherein shall be guaranteed and secured to all the people of India justice, social, economic and political; equality of status, of opportunity; and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action subject to law and public morality; and

Wherein adequate safeguards shall be provided for minorities….

Wherein shall be maintained the integrity of the territory of the Republic and its sovereign rights on land….”

The Resolution of the Constituent Assembly thus promised to make India a Sovereign Democratic Republic with a federal polity and vesting all power and authority in the hands of the masses. It was in this Resolution that integration of Indian states was visualised and a federation consisting of British India and ‘Indian India’ was foresighted.

Similarly, social, economic and political justice and equality before law was also promised in this very Resolution. Thus, the Preambles of some other working constitutions of the world as well as this historic Resolution of January, 1947 are the main sources for the Preamble of our constitution.

Essay # 4. Preamble of the Constitution :

As already said, the Preamble of the Constitution of India makes very lofty promises and has been dedicated to the people of India, and not to any particular class or section of the society.

When originally adopted by the Constituent Assembly it read as follows:

“WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a Sovereign, 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 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.”

It may, however, be pointed out that the words ‘Socialist, Secular’ occurring between the words ‘Sovereign’ ‘Democratic’ and also the words Integrity’ occurring between the words ‘Unity’ and ‘of the nation’ in the preamble were inserted by Forty-Second Constitution Amendment Act, enacted in 1976.

The Principles enunciated in the constitution, namely, those of making India a Sovereign Democratic, Secular Republic, ensuring the people equality and making them as ultimate sovereign in the country have been fully incorporated in the constitution. Thus, the preamble is true picture of the constitution.

It may be discussed as under:

1. We the People of India:

The Preamble has vested ultimate authority in the people of India to whom the constitution has been dedicated and in whose name it has been enacted. It will be seen that India has adopted democracy as a form of government and way of life. In the country all adults have a right to vote without any consideration for sex, caste or creed.

All the posts in the state, including the highest one of the President of the Republic, can be held by citizen of India who gets elected by duly elected representatives of the people i.e., by his electoral college.

In India there is also Parliamentary form of government in which ultimate authority is vested in the Parliament, which consists of the elected representatives of the people. The Council of Ministers, i.e., the de-facto executive is responsible to the legislature and can remain in power only as long as it enjoys its confidence.

Some critics were of the view that due to large-scale illiteracy India was, and is still not fit for democracy and yet constitution fathers, in their best wisdom, decided to experiment with democracy and today India is the biggest democracy in the world. Several elections which have so far been held in India have established beyond all doubts political maturity of our electorates.

In the opinion of K.V. Rao the significance of “We the people lies in the fact the Constitution eliminates the British king externally and Indian princes internally from claiming any vestiges in sovereignty.”

2. Having Solemnly Resolved to makes India a Sovereign Socialist Secular Democratic Republic:

The Preamble says that India shall sovereign state. Sovereignly implies freedom of national action, both internal as well as external. Internal sovereignty means freedom to enact and amend both ordinary and constitutional laws without any external pressure.

External freedom implies nation’s right to formulate and execute her own foreign policies. In both these respects India is free and playing her role in the world organisations. As a member of UNO India has played a very significant pan in the world politics.

Some of the critics, however, feel that India is not a sovereign state by virtue of her membership of Commonwealth of Nations which makes it obligatory for her to accept British Queen as her over-lord. Nation is supposed to owe allegiance to the Queen.

But the criticism does not seem to be valid because India is not obliged to be a member of Commonwealth of Nations but is continuing there with her own willingness and without any compulsion. Membership of Commonwealth in no way hinders country’s decisions at national and international level or in any matter both domestic and foreign.

In fact, the character of this organisation has now altogether changed and Commonwealth is now nothing beyond a forum on which members discuss their problems in a free and frank manner as free sovereign nations and to solve such problems which confront Commonwealth as a whole.

It has very appropriately been said by Palande that, “India’s membership of Commonwealth of Nations is based on extra constitutional contractual arrangement entered into at will and terminable at will.”

The Preamble also says that India shall be a Republic. It implies that the head of the State in India shall neither be hereditary nor a dictator. He shall be elected by the people indirectly for a limited period and will have to face his electorates again after the expiry of the period.

Accordingly the President of Indian Republic is elected for a period of 5 years by the elected representatives of the state legislatures and the Parliament who form an electoral college for the purpose of electing him.

Since the President is neither hereditary nor a dictator he can also be removed from office by impeachment, if it is found that he is not discharging his obligations in accordance with the rules provided in the constitution. His electoral college consists of Members of Parliament and State Legislatures. Impeachment procedure for his removal is very difficult and so far (1996) in India no President has been impeached.

3. Socialist Society:

Forty-Second Constitution Amendment Act has specifically provided that India will be a socialist state. A change to this effect was incorporated in the preamble of the constitution. Now what is ‘Socialism’? It is a term, which like ‘Justice’ and ‘democracy’ still remains undefined.

But from the days of freedom struggle, Indian National Congress has been telling to the people of India that after independence the nation will follow the path of socialism. As early as in 1929, All India Congress- Committee, resolved that India’s poverty was due to its poor economic structure which needed modification on socialistic lines.

In 1931, the Congress party resolved that in order to improve economic conditions and with a view to making political freedom meaningful it was essential that the state should control key industries and services.

In 1945, in its election manifesto the Congress party again said that India’s most important problem was to end poverty and for this it was essential that the wealth should not get concentrated just in the hands of few individuals or group of individuals.

When the constitution of India was enacted at that time the main aim of the constitution fathers was to ensure that India should be a socialist state and accordingly it was provided that in India the people must be given social, economic and political justice. Directive Principles of the State Policy embodied in the constitution also provide that India will be a socialist state.

In Indian context socialism means removal of fantastic socio-economic imbalances and providing the masses distributive justice. But so far mention of socialism in India, as a part of the constitution, had been deliberately avoided and instead at Avadi Session of the Congress it was said that establishing ‘Socialistic Pattern of Society’ shall be the main aim of the Congress party.

In such a society there will be equal opportunity for progress for all. When Art. 31 C of the Constitution Forty-Second Amendment Act became part of the constitution and Directive Principles of the state policy as a whole got dominance over Fundamental Rights, it became unavoidable that m the preamble itself it should be specified that socialism is the goal of Indian society and that the coots should recognise this change.

On May 30, 1976, Sardar Swaran Singh said before All India Congress Committee that the word ‘Socialist’ had been added in the preamble so that there should be no confusion about our objectives.

He also said that the constitution should be suitably altered so that it became easy to effectively implement other socio-economic reforms. He also said that, “By inserting the word ‘Socialist’ it is intended to give a positive direction to the government in formulating its policies.”

Prime Minister Mrs. Gandhi also said that our socialism meant bettering the life of the people of India and that this word had been chosen to describe India’s ethos because it came closest to what is being aimed at She said that socialism did not mean mixed economy but some form of ownership of means of production and distribution by the society so that private ownership was eliminated.

It has, however, been very often said by ruling Congress party that ‘Socialism’ in India means type of socialism which is most suited to Indian conditions. But is socialism solution to Indian problem is still a question mark?

4. Secular Democracy:

Preamble of the constitution had provided that India will be a Sovereign, Democratic Republic. But with the enactment of Forty-Second Constitution Amendment Act it was provided that the country will be, Secular’ Republic. In fact, secularism of India has never been in doubt and the constitution in more than one way emphasised on India’s being a secular state.

But incorporation of this word in the preamble meant giving it a constitutional sanctity, what was otherwise an established fact.

In India secularism has different meaning. To quote Dr. Dayal again, “Secularism in the Indian context does not mean negation of all religions. It means equal respect for all religions.”

Similarly one of the Congress Presidents, D.K: Baroah in 1976, while speaking on this amendment said that, “All religions in this country, however small their strength may be, have the same status and same prestige and the same support from the state.”

Similarly the then Law Minister H.R. Gokhale also said, “There will be freedom, liberty of faith and worship, whatever religion you belong to, is all that what you mean by secularism.” Articles 25-30 of the constitution stress on religious freedom in India.

In the words of Basu, “Instead of clarifying the meanings of those provisions, the use of non-technical word Secular originating in common parlance and there from finding its way into the courts, has been unfortunate and confusing. Little improvement will be effected by inserting this word in the preamble.”

But that perhaps is not very true. Addition of word Secular the preamble of the constitution itself clearly indicates that in India state possesses no religion and the very fact that a vast majority of population of India professes a particular religion does not give it any weightage over other religions either in public or in private sector.

But the very concept of ‘Secularism’ has become a matter of debate these days. Many politicians have started preaching that it is pesudo secularism which ruling party at the Centre is using for winning the votes of religious minorities. It is being used against the majority religious community. It is this wrong approach to secularism which is cause of many political problems in India.

5. Democratic:

Preamble of the Constitution states that India shall be a democratic State. Thus, all chances of dictatorship or any other form of government have been completely ruled out. The country shall have representative democracy based on universal adult franchise without any distinction of voters on the basis of caste, creed and religion.

It will be indirect and not direct democracy and as devices of direct democracy like referendum, recall and plebiscite have not been introduced in the country. All the representatives of the people for elected bodies are to be chosen by the people without any distinction about property, education and sex.

Entire authority for the conduct of election has been vested in an independent statutory authority called the Election Commission of India, headed by a Chief Election Commissioner.

6. Republic:

Preamble of the Constitution also states that India shall be a ‘Republic’. The term ‘republic’ has, of course, been differently interpreted 6y the scholars but our founding fathers meant from republic a state in which the supreme power shall remain in the people and their elected representatives. In it even the head of the state was to be elected.

Thus, it was absolutely opposed to either monarchy or dictatorship. Thus, there was no scope for hereditary headship of the country or the one who has been super-imposed by the people. It means that the head of the state can come even from the cottages of the remotest part of India provided he enjoys the confidence of the people of India.

7. Justice; Social, Economic and Political:

The Preamble of the Constitution ensures justice for all citizens of India. It implies that all the high and the low in India will be treated by same set of laws. In the eyes of law all shall be equal and there will be no differentiation on the basis of caste, creed, religion or sex. For crimes of similar nature, there will be equal punishment.

This type of justice has not only been promised but given to the people of India in the form of Fundamental Rights. The people have been assured social justice and all have been given the right to get the type of education they like. Untouchability which was a slur on the fair name of society has now been abolished. Temples have been thrown open to the so-called schedule castes, who are now Very much an integral part of the society and on their betterment depends the very advancement of Indian society.

Similarly economic justice has been promised. Beggary and Begar both have been legally banned and those who exploit and continue beggary can be legally punished. Similarly steps are being taken that equal wages are paid for equal work and sex of a worker does not differentiate in deciding the wages.

Economic justice also implies that working conditions of the workers should be improved and every effort should be made to see that all lead an honourable life with high living standards. Bonded labour system has already been abolished and keeping bonded labour is punishable offence. Political justice has been provided to the people by adopting democracy, as a form of government and way of life. In it even citizen has been given only one vote. But is the country anywhere near social and economic justice? Reply is very much in the negative.

8. Liberty of; Thought, Expression, Belief, Faith and Worship:

Liberty, as promised in the preamble has been given to the people in the form of Fundamental Rights. The people have been assured that as long as they are peaceful, they are at liberty to form associations and assemblies to discuss their problems. There is no ban on expression of ideas or their following a particular belief provided national interests were not jeopardised or these did not lead to violence.

Fundamental Rights as embodied in the constitution also give perfect freedom of worship to the people of India. India is a secular state and as such the state has no religion of its own. In the eyes of the state all religions are equal. In the constitution it is clearly stated that the state shall neither praise nor patronise any religion, nor shall it condemn or discourage any religion in any manner.

The state shall also neither extend nor deny financial assistance to any religion. No religious institution, which professes or promotes the cause of a particular religion shall get Financial assistance or patronage from the state. While filling up jobs in public services religion of the person shall have no meaning.

9. Equality; of Status and of Opportunity:

This promise of the preamble is also reflected in the constitution. Fundamental Rights assure social, economic and political equality. None is to be distinguished for having high or low standard or on economic basis. Status of a person does not give him any weightage either in the political or economic as well as legal field.

An economically well placed person has one vote and so is the case with economically poor one. A rich is at par with the poor in the eyes of law.

All have been provided equal opportunity for seeking employment and also for getting higher jobs. The scheduled castes, scheduled tribes and other backward classes have been given special protection, by way of giving them reservation of seats, so that they become equal with socially advanced classes, in due course of time.

Honours and titles which used to distinguish one person from the other have altogether been abolished, with a view to giving a sense of equality, to all.

10. Fraternity; Assuring the Dignity of the Individual:

The preamble promises that all individuals in the state shall have dignity. There is no backward or forward individual. There is no high or low or there is no advanced caste and no backward community. All those who are socially downtrodden and had suffered in the past, in the hands of one section of society or the other, are to be brought forward so that they can lead a respectable life.

This promise has been kept up by providing reservation of seats for cultural and linguistic minorities. Special care has been taken to see that there is no reservation of seats for religious minorities, because it was this system which divided the nation and ultimately resulted in the partition of the country.

11. Unity and Integrity of the Nation:

Unity and Integrity of the Nation is another promise of the preamble. Undoubtedly for advancement, development and progress nation must be united. When the very unity of the nation is in danger, rights and privileges of individuals cannot be protected.

Nation first and everything else latter’ is the famous, understandable and rational dictum Constitution makers of India were working and labouring under very peculiar circumstances. Mass migration of population from Pakistan to India and vice-versa, added by shameful cruelties inflicted on the people to glorify religion, had pained them.

There were visible tendencies of extra territorial affiliations by some political parties and doubts persisted about loyalties of few to new born India. It was, therefore, essential to maintain national unity. For this, the constitution makers empowered the executive government with emergency powers by which it could take all powers in its hand in a bid to protect national unity.

Not only this, but the constitution, keeping in view the promise of the preamble, has tried to develop feelings of one united India, in spite of her federal character. India has one judiciary, one citizenship, one constitution, a system of All India Services and also one set of Fundamental Rights.

It is to promote this sense of unity that in India’s federal set up Centre has been made more powerful than the federating units i.e. states all union territories.

12. Integrity of India:

Forty-Second Constitution Amendment also made another change in the preamble of the constitution. It has now been provided that every effort shall be made for maintaining unity and integrity of India. The word ‘integrity’ has specifically been added in the preamble.

In the words of Dr. Dayal, “The insertion of word ‘integrity’ cannot rationally be questioned for it is impossible to argue that unity can be safe without integrity of nation. Integrity is vital to encounter fissiparous tendencies.”

The idea behind the word integrity being that it should be very clear from the very outset that for India integrity of the country is paramount and that the nation will not tolerate any activity by any political party or group of individuals, who directly or indirectly might try to disturb the integrity of nation and thus try to take it on the path of disintegration.

13. Adopt, Enact and give to Ourselves:

The words ‘to give to ourselves’ occupy a very significant place. The preamble, thus, has clearly stressed that it is people’s constitution which has been enacted for and on behalf of the people. The people as a whole and not a particular section of the society is thus source of our inspiration.

They look after the interests of the people of India. It also implies that if at any time any change in the constitution is necessary, the required amendment can be carried out only through the will of the people. It is not a play thing or handmaid of any political party or a particular individual, but a pious document which expresses will, wishes and sentiments of the people.

Essay # 5. Critical Evaluation of Preamble of the Constitution:

Whether preamble is a part of the constitution or not and also whether what has been said in the preamble will be taken cognisance by the courts of law or not is a separate issue. But beyond all doubts it indicates the intentions of the constitution makers. There are many authorities which firmly believe that the preamble helps in solving many ambiguities.

In India several occasions have arisen when preamble has been invoked. In the case of M/s. Barrukar Coal Co. Vs. Union of India, Supreme Court observed that no resort should be made to preamble if the language of the enactment was clear.

If it was not clear then preamble might be looked to explain that In the case of State of Bihar Vs. Kameshwar Singh, Dr. Ambedkar appearing on behalf of the Zamindars in 1952, also referred to the preamble, though the court took a different view.

In Benibari case, the Supreme Court again opined that preamble by itself is not a source of power. Every state has by virtue of its sovereignty the power to cede its territory and this right cannot be regarded to have been taken away by the preamble.

About the preamble of the constitution Justice Bhagnati once said that, “What is, therefore, needed is that judiciary must not interpret any element of the preamble that introduces a line of disconcerting unpredictability which judicial review must constantly and scrupulously avoid.”

In the case of Kerala Education Bill, 1957, the Supreme Court in 1958 held the view that where the enacting part is explicit and unambiguous, the preamble cannot be resorted to, to control, to qualify or to restrict it but where the enacting part is ambiguous, the preamble can be referred to, to explain and to elucidate it.

Similarly Lord Halsbury in Powell Vs. Kempton Park Race Course Co. said that, “Two propositions are quite clear, one that preamble may afford useful light as to what the Statute intends to reach; and another, that if an enactment by itself is clear and unambiguous, no preamble can qualify or cut down the enactment.”

The same holds good in the case of preamble to the constitution of India. In the words of Justice Hidayatullah, “The preamble is more than a declaration. It is the soul of our constitution and lays down pattern of our political society.” The preamble is thus not a superficial appendage to the constitution but a very useful and important key to it, which expresses hopes, wishes, aspirations and dreams of its founding fathers.

Preamble of the Constitution of India has made the country a sovereign democratic republic and as Granville Austin has said that, “With the adoption of the Constitution India becomes the largest democracy in the world. The Preamble of the Constitution does not bind India to any political or economic ideology but it eliminates every vestige of despotism. It reflects the whole constitutional system but is not a system in itself because it is not justiciable part of the Constitution. It cannot adversely affect constitutional structure. It is source of inspiration but not a source of power. Thus, Preamble of the Constitution occupies a very significant place in the structure of the constitution though not an integral part of the structure itself.”

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All about Preamble of the Indian Constitution

This article is written by Gaurav Raj Grover , a law student at Lloyd Law College, Greater Noida and Diksha Paliwal . The article talks about the introductory part of the Constitution of India, i.e., the Preamble. Before this, it gives a brief introduction to the meaning of the term Constitution followed by a detailed discussion of the term ‘preamble’. It further talks about the historical background of the Preamble as well as the Constitution. In the later part, it discusses the critical elements of the Preamble along with some important judicial pronouncements that helped in a better interpretation of the purpose and use of the Preamble. 

It has been published by Rachit Garg.

Table of Contents

Introduction

26th February 1948 and 26th January 1950 embarks the two remarkable events in the legal chronicles of India. These dates mark the public release of the Constitution and its enforcement, respectively. This resulted in the birth of a new republic in the world. Before delving further into the article, the question that arises is, what does the term ‘Constitution’ mean? In common parlance, it connotes a document having special legal sanctity. It sets out the legal framework and the predominant functions of all the governing bodies of a State. It further lays down the principles that will govern the operation of these organs.

The fundamental law of the land, i.e., the Constitution deals with the institution of the State and its organs. By setting up a legal framework, the Constitution regulates the relationship between the State and its population. Also, it constrains and restricts the powers bestowed upon the State and its instrumentalities. 

The introductory part of the Constitution, which reflects the core constitutional values embodied in the Constitution, is termed the ‘ Preamble ’. It is drafted to explain certain crucial facts and substance before diving into the provisions of the Act or statute. It sets out the aims and objectives of the statute, which it intends to achieve. 

The article in its initial part gives a brief introduction regarding the Indian Constitution, its historical background and its salient features. It then explains the meaning of the term ‘Preamble’ from a general perspective and then discusses the Preamble of the Constitution of India, its history, its objectives, key components and the important amendments done in the Preamble. Further, it deals with important judicial developments pertaining to the Preamble of the Constitution. 

Before discussing in detail the preamble to the Indian Constitution, let’s have a brief overview of the Constitution. 

Constitution of India, 1950

The Indian Constitution is a statute containing provisions which establish the powers of the State and its instrumentalities, citizen’s rights, and the relationship between the state and its population. The enforcement date of this remarkable legal document is 26th January 1950. The Constitution of India is undoubtedly a product of research and deliberations of the body of eminent representatives of the people. It is certainly not a product of a political revolution. It is the result of the hard work of these distinguished representatives who wanted to improve the administration of the country and in general, improve the existing system of the country. In order to have a better understanding of any Constitution, having a look at the historical process and events which led to its enactment plays a very significant role. The historical background helps in having a better insight and understanding of its provisions and the purpose behind it. Let’s have a brief overview of the critical events that led to the enactment of the lengthiest written Constitution in the world. 

Historical Background of the Indian Constitution 

Under the British regime, India was divided into two parts, namely, the British provinces and the princely states. In the British ruling period, the Union of India was a combination of more than 550 princely states in addition to approximately 52 per cent of the Indian territory, which was under the direct rule of the Britishers, namely the British provinces. In order to understand the historical background of the Constitution, getting a hold of the events of the colonial period is sufficient, since the main political institutions originated and developed in that period only. Our Constitution has significantly adopted many provisions from the Acts and Rules enacted by the British and the Constitution’s Preamble is the result of the principles written by the Constituent Assembly. 

The enactment of the Constitution has been a result of various events which are broadly divided under various phases. These events can be classified under the following period as discussed in the below-mentioned subheadings.

1600-1765: The coming of the British

Initially, the British came to India for trading in the year 1600. The Britishers started trading under the company named British East India Company. The company derived its constitution,  authorisation to work, privileges, and other powers from a Charter signed by Queen Elizabeth in December 1600. By way of this Charter, the company had a monopoly over trading in India. Initially, the period was 15 years which was later extended. The management of the company was in the hands of a governor and 24 other members who had the authorization to carry out and organise the trade expeditions in India. Such authorization and power were vested through the Charter. Eventually, when the Britishers made so much money with trading, they started establishing their trading centres with the consent of Indian rulers in several places of India. The Britishers even managed to get permission from the Indian rulers to retain their own laws. These concessions gradually paved the way for the Britishers and the Crown to exercise undivided sovereignty throughout British India. 

In the year 1601, a new Charter was enacted by the Crown which granted the East India Company legislative power, thereby empowering them to make rules, laws and ordinances for the good governance of the company. This legislative power granted to the company was not a power to legislate or rule a foreign territory but was just restricted to the trading concerns of the company. However, these charters that bestowed the company with various powers were of great significance as these were the gems out of which ultimately the Anglo-Indian Codes were developed. Later on in the year 1609 and 1661 similar powers were granted by the Crown, thereby affirming the earlier charters. 

In the year 1726, a new charter was enacted which had great legislative significance. Previously, the legislative powers were vested in the Court of Directors in England. However, these people were not well-acquainted with the prevailing conditions of India. Hence, a decision was taken by the Crown that the law-making power be vested with the ones who are acquainted with the Indian conditions. Accordingly, the Charter gave power to the Governor and a Council that constituted three other members, for formulating bye-laws, rules and ordinances along with penalty provisions in case of contravention of laws. The Charter further established the Mayor’s Court in Calcutta, Bombay and Madras, thereby introducing English laws into the Presidencies. 

In the second half of the 18th century, the death of Emperor Aurangzeb led to instability in India due to which India became a battleground of rival contesting principalities.  Britishers took advantage of this chaotic situation and established themselves as the master of the  Indian subcontinent. This gradual shift of power to the Britishers was due to the Battle of Plassey (1857), which was fought between the East India Company and Sirajudullallah (the then Nawab of Bengal). Britishers won this battle and thus the foundation of the British Empire was laid in India.

1765-1858: Beginning of the British Rule

Around 1765, Emperor Shah Alam granted the responsibility of collecting revenue to the East India Company. This eventually led to the handover of the administration of the civil justice system up to a certain extent. This year is often regarded as the year of starting the era of territorial sovereignty by the East India Company over India. However, the company did not start to take over this task of revenue collection immediately, the reason being the unfamiliarity with the revenue collection system. The Britishers decided that for the time being let the Indians perform the task, but they appointed English officers to supervise the working of the system of revenue collection. This system proved very harmful for the Indians as the Britishers started exploiting the Indians. 

In the year 1772, a committee was formulated by the Crown to look into the working of the Company, and the results were published after the inquiry. The Crown came to know about the insufficiencies of the company, and hence a new Regulation Act was enacted by the Parliament. This Regulating Act of 1773 holds great importance in the history of the Constitution. It was for the very first time that a right was conferred on the Parliament to regulate the matters of the company. This Act mainly enacted the following things- recognition of the government of Calcutta, change in the Company’s Constitution, Presidencies of Madras and Bombay were brought under the Control of Bengal’s Governor General, and an establishment of the Supreme Court in Calcutta. 

Later on, to remove the ambiguity and irregularities of the Regulating Act of 1773 a new Act, i.e., the Regulating Act of 1781 was passed. This Act came up with certain new provisions like- the exemption of government employees from certain punishment for the actions done while they were on duty, questions pertaining to the jurisdiction, a clarification regarding what laws were to be applied by the Supreme Court provided, and Governors under various capacities were empowered to make laws. 

In the year 1784, Pitts India Act was enacted which separated the political affairs from the commercial affairs of the Company. The Court of Directors were authorised to manage the commercial affairs of the company whereas a committee consisting of six members was constituted for managing the political affairs of the Britishers. Later on, the Charter Act of 1813 snatched the monopoly of trading from the British East India Company. The Charter also asserted better control over the power bestowed on the various Councils. 

The Charter Act of 1833 in a way centralised the power of the Britishers. It appointed a Governor General Of India, who was previously titled the Governor General of Bengal. A council under his leadership was also formulated which was empowered to make laws and regulations for both Britishers as well as the Indians living in British India. The Act also appointed a law member who had no say in the executive matters and was purely directed to deal with the law matters. The previous laws were called Regulations, however, the Acts from 1833 were the Acts of Parliament. 

Thereafter, in 1853 a new Charter was enacted which in a way though not expressly introduced the concept of separation of powers. This Charter of 1853 separated the executive machinery from the legislative machinery. Also, the concept of local representatives was introduced in the Indian Legislature for the first time. These Acts certainly paved the way for the transfer of Indian sovereignty to the Crown almost completely. 

1858-1919: End of British East India Company’s Rule

The establishment of a double government via the Pitts India Act 1784 failed miserably. The Company was also not having proper control over the affairs of the country and was also losing trade profits in many regions. Simultaneously, the people of India were furious because of the atrocities caused by the Britishers. The first war against the Britishers, i.e., the Sepoy Mutiny of 1857 came as a shock before the Britishers. All these adverse circumstances against the company’s ruling led to the enactment of a new Act by the Parliament, which came to be known as the Government of India Act 1858. This Act transferred the ruling of India to the Crown from that of the British East India Company. India was now governed and ruled by Her Majesty. The Crown on its behalf empowered the Secretary of India who was assisted by a Council, comprising 15 members to manage the affairs of India. The Act also constituted the Secretary of the State and the Council as a corporate body which was capable of suing and being sued in India and England. This Act officially established the “direct rule by the Crown”.

In the later period, the Indian Council Act of 1861 was enacted, which formed the basis of or the beginning of representative institutions. Indians for the very first time were associated with the matters of government, especially with the work of legislation. This Act holds great importance in Constitutional history. Firstly because it associated Indians with law-making and secondly because it granted power of legislation to the government of Bombay and Madras. In a way, it granted internal autonomy to the Provinces. 

In the year 1892, a new Indian Council Act was passed. This Act introduced three important things, namely, the introduction of election systems, the number of members in the Central and Provincial Councils was increased and the Council’s functions and tasks were enlarged. This Act laid the foundation of the representative government. However, it still had some differences pertaining to various provisions like an election system, lack of representation for certain people, etc. and hence the Indian Council Act of 1909 was enacted which was also associated with the Morley- Minto Reforms . 

The 1909 Act introduced an increase in the size of Legislative Councils for both Central as well as Provincial. The Council was also conferred with the right of holding discussion and moving a resolution on the financial statement, however, they were not conferred with the power of voting.

1919-1947: Introduction to Self Government 

This phase holds a remarkable place in Constitutional history as the most important Act, i.e., the Government of India Act, 1919 which was a result of the Montagu Chelmsford Report was passed. The Act established the concept of responsible government along with introducing the idea of federal structure. For the first time, a Public Service Commission was established. It also introduced the concept of dyarchy in the Provinces. 

The Act of 1919 had various shortcomings. Along with that, the Britishers faced an increasing demand for formulating better reforms and this resulted in the appointment of the Simon Commission . A report was submitted by the commission, after which the report was discussed at a Round-Table Conference. This Conference has members of the British government as well as the State rulers. After the recommendations of the report and the discussions made at the conference the Government of India Act, 1935 (hereinafter referred to as Act of 1935). 

The Government of India Act, 1935 introduced the dyarchy system at the Central level which was initially established at the Provincial level. The Act further officially marked the beginning of the autonomy of the Provinces. It also established the concept of the federal legislature which was to consist of two houses, namely, the Council of States and the Legislative Assembly. A more stable and regulated government with a better separate legislative system was formulated. Also, the provision for the distribution of legislative power between the centre and the provinces was introduced. Not only this, the Act also established a Federal Court. This court was supposed to have one Chief Justice along with a maximum strength of 6 other judges.

The Indians were still not happy with the Britishers and wanted Swaraj. Hence, the British then sent Sir Stafford Cripps to negotiate with the Indian leaders and to secure their cooperation in the World War. Certain proposals like the making of a constitution body, responsibility for control and defence, etc. were made by the Britishers, however, the Indians rejected them. The Indians wanted the Congress in the Cabinet Government. 

Later on, in 1946 the Cabinet Mission came to India with certain recommendations by the British which were accepted. The proposal included the lapse of the paramountcy of the Crown, the setting up of a Constituent Assembly for making the Constitution, the set up of an interim government and the existence of a Union of India constituting both British India as well as the states. 

In 1947, the Indian Independence Act was passed. This Act provided the establishment of two independent Dominions, namely, India and Pakistan from the fifteenth of August, 1947. A Governor-General for each Dominion was to be appointed by the King. The Act empowered the Constituent Assemblies of both Dominions to frame laws for their territories. This Act ended the paramountcy of British rule in India. It further stated that until the Dominions frame their respective Constitutions, they were to be ruled by the provisions of the Act of 1935.. Thus, the British rule in India came to an end.

1947-1950: The framing of the new Constitution 

With the ceasing of the rule of the Britishers, a new challenge was standing in front of the Indian leaders. They wanted India to stand as an independent nation, along with establishing a democracy based on the principles of equality, justice, liberty and fraternity. 

The Constituent Assembly after several debates and meetings, released its first draft of the Indian Constitution in January 1948. The citizens were given eight months to suggest amendments to the draft of the Constitution that was published in 1948. After a sitting of 2 years, 11 months and 18 days, India received its Constitution. Initially, the Constitution was a compilation of 395 articles spread in twenty-two parts and eight schedules. 

Salient features of the Indian Constitution 

Every Constitution is unique in its way. The Indian Constitution was developed in the mid-twentieth century which in a way benefited the making of the Constitution. By this time, various countries across the world had developed their constitutions. This helped the makers to draw a vast amount of knowledge pertaining to various laws, rules, government systems, etc. Analysing these constitutions and understanding what provisions could be taken from various constitutions helped in making our Constitution much better. The influence of different laws from different parts of the world is quite pervasive. Our Constitution in its unique way turned out to be an excellent document having distinctive features. Though we might have taken certain provisions from the Constitutions of other countries, our Constitution has created a separate path, new patterns, and approaches of its own. Let’s have a look at the salient features of the Constitution of India.

Lengthiest written Constitution 

Our Constitution is the lengthiest written constitution in the world having detailed provisions pertaining to almost all the important aspects that a democratic country must consider. The original draft of the Constitution consisted of 395 Articles and eight Schedules. 

Elaborate preamble 

The preface of the Constitution, i.e., the Preamble, is a very detailed and elaborate document. It does not grant any power, rather it gives a purpose and direction to the Constitution. 

Socialist, welfare and a secular state 

The word ‘socialist’ was initially not present in the preamble of the Constitution of India. It was inserted by the 42nd Amendment in 1976 . Also, our Constitution establishes India as a welfare state. The Constitution also states that our Country is a secular state, i.e., despite being a country of religion, the Indian Constitution stands for a secular state of India. 

Parliamentary form of government 

The Constitution establishes a parliamentary form of Government, both at central and state level. In this system, the executive organ of the government is responsible to the elected legislature. 

Fundamental rights and duties 

The Constitution guarantees the people certain rights and these rights are enforceable by law. These fundamental rights are enshrined under Part IV of the Constitution. Apart from this it also confers certain duties and obligations on the people which are enshrined in Part VI-A of the Constitution. 

Federal structure

The Constitution of India is federal in nature. The Indian Constitution establishes a dual polity, i.e., the government at the central and state level. 

Independent judiciary

The Constitution of India establishes an independent judiciary, which is free from the other organs of the government. 

A unique blend of rigidity and flexibility

The amendment procedure of the Constitution is neither very flexible nor is it rigid constitution, leaving zero scope for amendment. The Constitution is a living document having a unique blend of rigidity and flexibility. 

Objectives of the Indian Constitution given in the Preamble 

The Constitution of India reflects a symbol of unity in diversity, uniquely crafted by the makers of the Constitution to adequately protect the interests of every person and community. The striking features of the Constitution, exemplify the herculean task done by the makers to achieve the objectives the Constitution sought to achieve. 

As said by Dr. B.R. Ambedkar, “Constitution is not a mere lawyers’ document, it is a vehicle of Life, and its spirit is always the spirit of Age.” The makers of the Constitution desired an ideal model of governance that would serve the country with the needs of its people being the priority. This Constitution, with the farsightedness and visionary leadership of some of the eminent personalities of that time, was framed with the objective of promoting harmony in the country, along with maintaining equality, liberty, justice, and fraternity in the country. This document of significant importance has served the country and worked as a beacon for the nation for the past 75 years.  

With a long vision for the future in mind, the objectives that the Constitution sought to achieve are mentioned as under:

Sovereignty

The starting words of the Preamble of the Constitution, i.e., “we the people of India” , make a clear announcement that the ultimate sovereignty rests with the people of India and the government and its organs derive its power from the people of India. The word also connotes complete political freedom. A Country free from all external forces and a will of its own. 

Our Constitution has several provisions that clarify our country’s policy of promoting a welfare state, which is free from exploitation in all spheres in existence. The state is duty-bound to work in order to promote social order, where social, economic and political justice supersedes all the institutions of national life. The main motive of socialism is providing “a basic minimum to all” .

The term means that the state will have no religion and all the religions will have equal protection. The ideal concept of secularism in our country upholds that the state is not guided by any religion or religious consideration. 

The term ‘Justice’ comprises three elements that complete the definition, which is social, economic, and political. Justice among the citizens is necessary to maintain order in society. Justice is promised through various provisions of Fundamental Rights and Directive Principles of State Policy provided by the Constitution of India.

The term ‘Equality’ means no section of society has any special privileges and all the people have been given equal opportunities for everything without any discrimination. It means removing all types of discrimination from society to build a healthy environment for people to live in. Everyone is equal before the law. 

The term ‘Liberty’ means freedom for the people to choose their way of life, and have political views and behaviour in society. It means no unreasonable restrictions can be imposed on the citizens in terms of their thoughts, feelings, and views. But liberty does not mean freedom to do anything, a person can do anything but within the limit set by the law. Anything that creates public disorder can not come under liberty. It is important to understand that liberty in no way means ‘absolute liberty’. These limits or reasonable restrictions are set by the Constitution to avoid injuries in the name of liberty.

The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment to the country and all the people. It refers to a feeling which helps to believe everyone is the child of the same soil and is connected with each other. Brotherhood is above social norms or regulations, it is the relationship above caste, age, or gender. Fraternity helps to promote dignity and unity in the nation. The preamble of the Indian Constitution does not grant any power or superiority to anyone while it gives direction and purpose to the Constitution. It only gives the fundamentals of the Constitution. 

Unity and integrity of the nation 

The Preamble and the Constitution by emphasising on the word fraternity, make it clear that the country seeks to foster unity amongst its people. In order to retain the independence of our country, which was the gift of our freedom fighters, keeping the unity and integrity of the nation intact is of significant importance. 

What is the Preamble?

In general, Constitutions all over the world consist of a Preamble in order to facilitate a better understanding of the ideals and goals of the legal document. Although, the length, pattern, content and form of the Preamble of different Constitutions may vary from each other, sometimes significantly while other times a very minor difference. Put simply, a preamble is nothing but an introductory part of an act, statute, bill, or any other document. It gives a brief idea of what the document exactly purports. 

The preamble of the Constitution of India is an introduction of the Constitution which includes the sets of rules and regulations to guide the people of the country. The inspiration and the motto of the citizens are explained in it. The preamble can be considered as the beginning of the Constitution which highlights the base of the Constitution. 

Meaning and definition

A preamble to a statute is the preliminary statement of reasons, which ultimately makes the enactment or passing of that statute desirable. The preamble being the introductory part of the statute or any other document is usually placed before the starting of the main substance of the document. A Preamble can also be regarded as a declaration that the legislature makes containing the reasons for the enactment of the statute. It is that introductory part which helps in the interpretation of the provisions of the statute and any ambiguity that exists in those provisions. It may be used as a concise explanation of the statute.

The term ‘Preamble’ as defined in the Oxford Advanced Learner’s Dictionary connotes an opening statement that elucidates the purpose of any book, document, philosophy, bill, statute, etc. Whereas, the term is defined as a preface or an introduction, mainly to an Act of Parliament which gives reasons and purposes for its enactment, in the Chambers Twentieth Century Dictionary. 

Talking about the legal definition, the famous Black’s Law Dictionary defines it as a clause that exists at the beginning of a Constitution or statute, consisting of an explanation regarding its enactment and the objectives for which it is passed. Merriam-Webster Dictionary defines it as an introductory statement made for the purpose of clarifying the intent of the law and for mentioning the reasons for the enactment. Whereas, Britannica Dictionary defines it as a statement that is made at the introduction of a legal document, which generally gives the reasons and explanation for the parts that follow. 

Functions of a Preamble

The preamble is said to set the stage for a document, statute, bill or Act. It is an introductory or expression statement that underlines the values, aims, objectives and principles of the Constitution. It is the preface reflecting the goals and objectives of the makers of the particular bill, statute, etc. Its major function is to recite and explain peculiar facts of the enactment which are crucial to explain and recite before understanding and diving into the enactment.  Further, it can also be used as a document that will restrict the scope of certain expressions contained in the document or for providing an explanation and introduction to the definitions that are present in the enactment. 

The preamble is construed as an important means that reflects the intentions of the statute and is a key to understanding the statute. Generally, it states or professes to state the object and purpose of the legislature behind the enactment. Put simply, a preamble is meant to function as a legitimate aid in consulting for the purpose of clarifying any ambiguity that exists in any clause, section or schedule. Thus, a preamble reflects the source of the document, contains the enacting clause of the document, and declares the rights and freedoms that the document will provide. 

Apart from this, a preamble majorly has an interpretational value. It helps in interpreting the provisions of the document, and it also acts as the source of interpretation of statutes which are the product of the document to that preamble.

Preamble of the Indian Constitution 

The preamble to the Constitution aims to introduce the purpose behind the provisions of the Constitution. The inspiration and the essence based on which the Indian Constitution has been drafted is embodied in the Preamble. It is the part highlighting the goals and principles of the Constitution. The Preamble of the Constitution of India embodies the ideology and the authority of the Constitution.

The preamble paves the way for a better interpretation of the provisions of the Constitution. Thus, it is a legitimate aid in interpreting the provisions of the Constitution. In the Constituent Assembly debates, Sir Alladi Krishnaswami opined that Preamble is something that expresses “what we thought for or dreamt for so long” . It has been assigned “the place of pride”, by the makers of the Indian Constitution. It breaks open the mind of the makers and helps them in realising the general purpose behind the enactment of various provisions of the Constitution. In the case of Kesavananda Bharti v. State of Kerala (1973) , Justices Shelat and Grover opined that the Preamble of the Constitution of India embodies in an earnestly religious form all the ideals and aims for which India has dreamt for so long and struggled, during the entire colonial period.

Historical background of the preamble 

One of the first assignments that the Constituent Assembly was required to do was the crafting and drawing up of the aims, objectives and guiding principles that will form the basis of the Constitution.  The principles and objectives that were to be formulated were supposed to reflect the democratic spirit that the Constitution of India stood for. 

An expert committee was appointed by the National Congress in 1946. The committee in its meeting dated 22nd of July drafted a ‘declaration’ that contained the objectives of the Constitution. Based on the contents of this draft, Nehru moved a draft resolution, which came to be known as ‘Objectives Resolution’. It was presented before the Constituent Assembly on the 13th of December, 1946. Apart from this Nehru delivered a long speech mainly talking about the broad features, objectives and aspirations of the Constitution. After being debated at length this resolution was adopted by the Assembly on 22nd of January, 1947. 

The main contents of this objective resolution are briefly stated as under:

• The firm resolution of the Constituent Assembly to declare India as an independent sovereign republic which shall be governed in future by the Constitution. 
• That, the territories of India that were under the British and the other provinces that were under the indirect rule of the British, shall together constitute and form a ‘Union of India’.
• The said territories that will form part of the Union of India, shall be autonomous units, which will possess powers and shall function as a government. 
• That, the powers and authority of the state units shall be derived from the people of the Independent sovereign.
• All people of India shall be secured and guaranteed justice, social, economic and political; equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality.
• The minorities, depressed and backward classes of people and people from tribal areas shall be provided adequate safeguards. 
• That, the republic shall have sovereign rights on land, sea, and air according to justice and the law of civilised nations, and the integrity of territories shall be maintained.  
• That, the country has a rightful and honoured place in the world and is willing to contribute to the promotion of peace, harmony and welfare of mankind.

The founding fathers described the objective resolution as “something that breathes life in humankind” . It was also regarded as a kind of spiritual preamble that will permeate each and every section, clause and schedule of the Constitution. 

Thereafter, B.N Rao settled a draft of the Preamble which can be read as; “We, the people of India, seeking to promote the common good, do hereby, through our chosen representatives enact, adopt and give to ourselves this constitution” .

The draft settled by B.N Rao was reproduced before the Constituent Assembly, on the 4th of July, 1947. The Union Constituent Assembly decided that the Preamble of the Constitution of India will be based on the Objective Resolution. Later on, Nehru suggested that the drafting of the Preamble should be postponed until the Partition. 

The Drafting Committee of the Assembly decided that the Preamble should be restricted to contain the essential features of the new India and its basic socio-political objectives, along with the other matters that were dealt with in the Objective Resolution. After a number of sitting and lengthy debates, a redrafted Preamble was put forth by the Constitution. After a few changes like replacing the word ‘Sovereign Indian Republic’ with the expression ‘Sovereign Democratic Republic’, the word ‘unity of the nation’ was replaced by ‘unity and integrity of the nation’, adding the word ‘fraternity’ which was not presently originally in the Objective Resolution, and eliminating the clause pertaining to safeguarding provisions for minorities and other backward classes. 

After a number of amendments were moved and rejected, the preamble was formulated containing the language and the spirit of the objective resolution up to a great extent. The draft of the Preamble was finalised after the finalisation of the Constitution so that it can be in consonance with the Constitution. 

Some words from eminent personalities to define the Preamble

The above discussion clearly states the significant role that the Preamble of the Indian Constitution plays in not just interpreting the Constitution of India but in understanding the intent and purpose of the enactment, dealing with the ambiguity of certain expressions, etc. Below are some phrases and statements used for defining the preamble by some eminent personalities. 

Sir Dyer CJ states that the preamble is the “Key to open the minds of the makers of the Constitution” , Shri K.M. Munshi states it as the “horoscope of over  Sovereign Democratic Republic” , and Sir Earnest Parker terms it as the “keynote to the Constitution” . Sir Pandit Thakur Das Bhargava connotes it as “a most precious part of the Constitution. It is the soul of the Constitution. It is key to the Constitution”. Nehru while emphasising the goals and objectives of the Preamble said that it is a “firm resolution and a solid promise”.

Who wrote the Preamble of India and the date of its adoption

The Preamble of the Indian Constitution is predominantly based on the ‘Objective Resolution’ written by Jawaharlal Nehru. As discussed in the above paragraphs, Mr Nehru the objective resolution, based on which the current preamble exists, was introduced on December 13, 1946, and 22 January 1947, marks the date of acceptance of the resolution by the Constituent Assembly. 

The Preamble to the Constitution, also called the spirit, backbone and soul of the Constitution reflects anything and everything that the Constitution aims to achieve. It was adopted on 26th November 1949 and its enforcement date is 26th January 1950 also known as Republic Day. 

Components of Preamble of the Indian Constitution

The components of the preamble are:

We the people of India 

The opening words of the preamble show that the people of India are the source of authority and that the Constitution of India is the result of the will of the people of India. It means power lies with the citizens to elect their representatives and they also have the right to criticise their representatives. 

In the case of Union of India v. Madan Gopal Kabra (1954) , the Apex Court opined that the people of India are the source of the Indian Constitution as written in the Preamble.

Sovereign, Socialist, Secular, Republic, Democratic

The Preamble by the will of the people declares India as a  ‘sovereign’, ‘socialist’, ‘secular’, ‘democratic’, and  ‘republic’. These four terms reflect the nature of the Indian State. 

Let’s have a brief overview of these terms.

The preamble of the Constitution states that India is a Sovereign State. The term ‘Sovereign’ means the independent authority of the state. It means the state has control over every subject and no other authority or external power has control over it. So, the legislature of our country has the powers to make laws in the country with restrictions keeping in mind imposed by the Constitution. 

Sovereignty, in general, has two types: external and internal. External sovereignty means the sovereignty in International Law which means the independence of the state against other states while internal sovereignty talks about the relationship between the state and the people living in it. 

In the case of Synthetic & Chemicals Ltd. v. the State of Uttar Pradesh (1989) , the Supreme Court decided that the word ‘sovereign’ means that the state has the authority to control everything within the restrictions given by the Constitution. Sovereign means supreme or independence. This case helped in differentiating between external and internal sovereign. This case proposed that ‘No country can have its own constitution unless it is not sovereign’. 

The term ‘Socialist’ was added after the 42nd Amendment, 1976 , during the emergency. The term socialist denotes democratic socialism. It means a political-economic system that provides social, economic, and political justice. 

Mrs. Indira Gandhi explained socialist as ‘equality of opportunity’ or ‘better life for the people’. She said socialism is like democracy, everyone has their own set of interpretations but in India socialism is a way for the better life of the people. 

• In the case of Excel Wear v. Union of India (1978) , the Supreme Court found that with the addition of the word socialist, a portal was opened to learn the judgments in favour of nationalisation and state ownership of the industry. But the principle of socialism and social justice can not ignore the interest of a different section of the society, majorly the private owners. 
• In the case of D.S. Nakara v. Union of India (1982) , the Court held that “the basic purpose of socialism is to provide a decent standard of life to the people living in the country and to protect them from the day they are born till the day they die”. 

The term ‘Secular’ was also added by the 42nd Amendment Act, 1976, during the emergency. The Constitution states India as a secular state as the state has no official religion. The citizens have their own view of life and can choose their religion as they like. The state provides full freedom to the people to practise any religion of their choice. The state treats all religions equally, with equal respect and can not discriminate between them. The state has no right interfering with the people with their choice of religion, faith or idol of worship. 

Important Components of Secularism are:

• The right to equality is guaranteed by Article 14 of the Constitution. 
• Discrimination on any grounds such as religion, caste, etc is prohibited by Article 15 and 16 of the Constitution. 
• Article 19 and 21 of the Constitution discuss all the freedoms of the citizens, including freedom of speech and expression. 
• Article 24 to Article 28 covers the rights related to practising religion.
• Article 44 of the Constitution abandoned the fundamental duty of the state to enact uniform civil laws treating all citizens as equal.

In the case of S.R. Bommai v. Union of India (1994) , the nine-judge bench of Apex Courts found the concept of secularism as the basic feature of the Constitution. 

In the case of Bal Patil v. Union of India (2005) , the Court held that all religions and religious groups must be treated equally and with equal respect. India is a secular state where people have the right to choose their religion. But the state will have no specific religion. 

In the case of M.P. Gopalkrishnan Nair v. the State of Kerala (2005) , the Court stated that the secular state is different from an atheist society, which means the state allows every religion and disrespect none. 

The term ‘Democratic’ is derived from the Greek words where ‘demos’ means ‘people’ and ‘Kratos ’ means ‘authority’. These terms collectively mean the government is constructed by the people. India is a democratic state as the people elect their government at all levels, that means, union, state, and local or ground level. Everyone has the right to vote irrespective of their caste, creed or gender. So, in a democratic form of government, every person has a direct or indirect share in administration. 

In the case of Mohan Lal v. District Magistrate of Rai Bareilly (1992) , the Court stated that Democracy is a philosophical topic related to politics where the people elect their representatives to form a government, where the basic principle is to treat the minority the same way people treat the majority. Every citizen is equal before the law in the democratic form of government. 

In the case of Union of India v. Association of Democratic Reforms (2002) , the Court states that the basic requirement of a successful democracy is awareness of the people. A democratic form of Government can not survive without fair elections as fair elections are the soul of democracy. Democracy also improves the way of life by protecting human dignity, equality, and the rule of law. 

India has a republic form of government as the head of state is elected and not a hereditary monarch like a king or queen. The term ‘Republic’ is obtained from ‘res publica’ that means public property or commonwealth. It means the power to elect the head of the state for a fixed term lies within the people. So, in conclusion, the word ‘republic’ shows a government where the head of state is elected by the people rather than any birthright. The term as embodied in our Preamble, firmly connotes that the country will be run by the people and not by the wills and whims of the ones elected. Everything and anything shall be legislated, executed and governed by keeping the will of the people of the country as a priority. 

Justice, Liberty, Equality and Fraternity

The Preamble further declares to secure all the citizens of the country ‘justice’, ‘liberty’, ‘equality’ and ‘fraternity’. 

As discussed earlier also, the term justice is to include social, economical, and political justice. 

• Social Justice – Social justice means that the Constitution wants to create a society without discrimination on any grounds like caste, creed, gender, religion, etc. Where people have equal social status by helping the less privileged people. The Constitution tries to eliminate all the exploitations which harm equality in the society.
• Economic Justice – Economic Justice means no discrimination can be caused by people on the basis of their wealth, income, and economic status. It means wealth must be distributed on the basis of their work, not with any other reason. Every person must be paid equally for an equal position and all people must get opportunities to earn for their living.
• Political Justice – Political Justice means all the people have an equal, free and fair right without any discrimination to participate in political opportunities. It means everyone has equal rights to access political offices and have equal participation in the processes of the government. 

The word liberty includes freedom or liberty of thought, expression, belief, faith, and worship. 

The term equality connotes equal status and opportunity to every person. 

Lastly, the term fraternity aims to maintain the unity and integrity of the nation along with a pledge to protect the dignity of every individual.

Adoption date

It comprises the date of its adoption which is November 26th, 1949. It is pertinent to note here that the Preamble was drafted after the making of the Indian Constitution. However, the commencement date of both is marked as 26th January 1950.

Preamble as an aid in interpretation of the Constitution 

As discussed below, the Apex Court has made it clear that Preamble forms a part of the Constitution, although this does not mean that Preamble has got the authority to override the express provisions enunciated in the Indian Constitution. In case the terms used in any of the Articles mentioned in the Constitution have two meanings or are ambiguous, Preamble acts as a valuable aid in interpreting and understanding the purpose of that provision. An assistance can be taken up to a great extent from the objectives enshrined in the Preamble.

Justice Sikri while emphasising on the significance that the Preamble holds, in the case of Kesavananda Bharati opined that , “It seems to me that the Preamble of our Constitution is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble.”

The Preamble was even used and relied upon while imposing implied limitations on the power of amendment given to the Parliament under Article 368 of the Constitution. 

In the case of Randhir Singh v. Union of India (1982) , the Supreme Court while taking into considerations the key words of Preamble, held that Article 39(d) of the Constitution also includes “equal pay for equal work”, which is a constitutional right, irrespective of the gender. Our preamble expressly provides for providing equality of status and opportunity to its people and in pursuance to this, the court acknowledged equal pay for equal work as a constitutional right. 

Preamble of the Indian Constitution, different from the Preamble of an Act 

As far as the Preamble of the Indian Constitution is concerned, it stands entirely on a different footing from the preamble of any other Act. Generally, the preamble of any Act in general, is not enacted by the legislature, and this is the reason why its use is limited to removing the ambiguity of the provisions of an Act, and hence the interpretation is restricted to helping with the ambiguity of the provisions present in the Act. However, as far as the Preamble of the Indian Constitution is concerned it was enacted and adopted by the Constituent Assembly in the same manner and procedure as that of the Constitution. 

This fact can further be corroborated by the history of the Preamble. Initially, the Preamble was introduced in the Constituent Assembly in the form of Objective resolutions. These resolutions were the first few substantive issues that were to be discussed and decided as the guide for further deliberations. The Preamble was finalised at the end, i.e., after the completion of the entire Constitution. The reason behind this was that the makers of the Constitution wanted to be consistent with the Constitution since it is a part of it. 

Is the Preamble a part of the Constitution

The Preamble is the preface of the Constitution. It contains the ideals and principles of the Constitution and reflects the purpose or the objectives that the Constitution sought to achieve. Punit Thakur Das (elected to the central Legislative Assembly) while a debate going on in the Constituent Assembly emphasised on the significance of the Preamble and said that, “the Preamble is the most precious part of the Constitution. It is the soul of the Constitution. It is a key to the Constitution. It is a jewel set in the Constitution.”

The question whether the preamble is a part of the Constitution or not was a topic of debates for a long time and was finally settled in the Kesavananda Bharati case (as discussed in the later section). In order to understand whether or not the preamble is a part of the Constitution, the two cases, namely the Berubari Case and Kesavananda Bharati case play an important role. Initially, the view taken by the highest court was that the Preamble is not a part of the Consitution of India. However, later on, the same was reversed in the Kesavananda Bhart i case. 

Let’s have an overview of the above mentioned two cases. 

The Berubari Union and…. v. Unknown (1960)

The Berubari Case arose through a presidential reference under Article 143(1) of the Constitution, which was on the implementation of the Indo-Pakistan Agreement related to Berubari Union. The issue before the court was to decide whether Article 3 of the Constitution gives Parliament the power to give any part of the country to a foreign country. The second issue before the court was whether the legislative action necessary for complying with the Nehru-Noon Agreement . However, the relevant part for this article is limited to the question of the Preamble being part of the Constitution, which was also dealt with in this case.

Through this case, the Court stated that ‘Preamble is the key to open the mind of the makers’ but it can not be considered as part of the Constitution. The court while saying so, relied on a quote by a renowned Professor Willough of America, wherein he has emphasised on the fact that the Preamble to the American Constitution has never been a source of power. The Professor said and I quote “it has never been regarded as the source of any substantive power conferred on the Government of the United States, or on any of its departments. Such powers embrace only those expressly granted in the body of the Constitution and such as may be implied from those so granted.”

To read the case in detail, refer to this link- https://lawctopus.com/clatalogue/clat-pg/case-analysis-in-re-berubari-case/ . 

Kesavananda Bharati v. State Of Kerala and anr. (1973)

This case created history and holds great importance. A bench comprising 13 judges was constituted to hear this landmark case, wherein the question before the court was, whether the Parliament has the power to amend the Preamble and the extent to which this power can be exercised. Along with this the petitioner also challenged the 24th and 25th Amendment of the Constitution. The Court, in this case, has held that:

• The Preamble of the Constitution will now be considered as part of the Constitution. 
• The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution. 

So, it can be concluded that preamble is part of the introductory part of the Constitution. 

After the judgement of the Kesavanand Bharati case, it was accepted that the preamble is part of the Constitution. The court relied on various excerpts from the Constituent Assembly, wherein it was contended that Preamble will be a part of the Constitution. So, as a part of the Constitution, it can be amended under Article 368 of the Constitution, but the basic structure of the preamble can not be amended. Because the structure of the Constitution is based on the basic elements of the Preamble. 

To learn more about the case, refer to this link-  https://blog.ipleaders.in/kbharatikerala/#Issues_before_the_Court . 

Amendment to the Preamble

The question whether a preamble can be amended or not by the Parliament under the amending powers enunciated under Article 368 came before the Apex Court for the first time in the Kesavananda Bharati case. The court held that, since the Preamble is a part of the Constitution it can be amended, however, the scope for the same is limited. It cannot be amended in a way that the proposed amendment destroys the basic features. It was opined that the premise of our Constitution is largely based on the basic elements embodied in the Preamble. In the event of destruction or removal of any of these elements, the purpose and objective of the Constitution will not be served. The amending power of the Parliament in no manner connotes that it has the right and authority to take away or disrupt the fundamentals and the essential characteristics of the Constitutional policy. Doing so will only result in wrecking up the Constitution entirely. 

Since the enactment of the Constitution of India, it has been amended multiple times. The Constitution is a living document and it is important that any law changes as per the needs of the society. However, the only instance of the Preamble being amended was in the year 1976. This amendment was introduced by the then government led by Indira Gandhi which left the Preamble in its present form. The three terms that were added by this amendment were secularism, socialism, and integrity. It was not that these concepts were not a part of the Constitution prior to this amendment. These concepts were merely spelled out clearly in this amendment by expressly mentioning these terms in the Preamble.  

The two changes brought by the 42nd Amendment Act, 1976 are mentioned as under:

42nd Amendment Act, 1976

The 42nd Amendment Act, 1976 was the first act ever to amend the preamble of the Constitution. On December 18th, 1976, ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble to protect economic justice and eliminate discrimination whatsoever. Through this amendment, ‘socialist’ and ‘secular’ were added between ‘sovereign’ and ‘democratic’, and ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’. 

This amendment of introduction of the two words namely, ‘socialist’ and ‘secular’ was done by Section 2 of the Amendment Act, 1976. Also, the replacement of the term “unity of the nation” with “unity and integrity of the nation” was mentioned in Section 2 of the Amendment. 

However, the Apex Court in the case of S.R. Bommai case held that even though the addition of the term Secularism in the Preamble was done in the later stage by the Act of 1976, the provisions of the Constitution contained the concept of secularism, though not directly. 

Interpretation by the Supreme Court

The preamble was finalised after the complete crafting of the Indian Constitution. In the Berubari Union Case, the Supreme Court held that the preamble is the key to open the minds of its makers, however, it cannot be treated as a part of the Constitution. The Preamble must be considered as the guiding principle for the provisions of the Constitution. 

In the Kesavananda Bharati case, the Supreme Court changed its previous decision and accepted the preamble as part of the Constitution which means it can be amended under Article 368 of the Constitution. This landmark case, by including the preamble as a part of the Constitution, opined that preamble constitutes an important part. It embodies the fundamentals underlying the Constitution. It was further stated that “Preamble is unamendable, and it cannot be varied altered or repealed” and that the “Preamble is a part of the Constitution and relates to the basic structure or framework of the Constitution”.

In the case of L.I.C. Of India & Anr v. Consumer Education & Research (1995) , the Supreme Court reiterated that the preamble is a part of the Constitution. 

So, in the end, the preamble of the Constitution is considered a beautiful preface to the document as it contains all the basic information like the objective and philosophy of the Constitution. 

15 facts you didn’t know about the Preamble and Indian Constitution 

• The original Constitution of India was written by Prem Bihari Narain Raizada in calligraphy with a flowing italic style. 
• The original copies of the Indian Constitution written in both Hindi and English are present in special helium-filled cases, in the library of the Parliament of India. 
• The Indian Constitution consists of 25 parts with 448 articles and 12 schedules, which makes it the longest-written constitution of any sovereign country in the world.
• The Constituent Assembly took exactly 2 years, 11 months, and 18 days to complete the final draft of the Indian Constitution. 
• Around 2000 amendments were made before finalising the Constitution. 
• The preamble of the Constitution of the United States of America also starts with ‘We the people’. 
• The concept of fundamental rights came from the American Constitution as they had nine fundamental rights for the citizens. 
• The 44th amendment deleted the Right to Property as the fundamental right which was given under Article 31 of the Constitution as ‘No person shall be deprived of his property save by authority of law’. 
• The Constitution of India is considered as the best Constitution as it tries to change the errors or mistakes in it. Because of this, the Constitution had more than 100 amendments in the past. 
• The page of the preamble along with all the other pages of the Constitution were designed and decorated by the renowned painter Beohar Rammanohar Sinha of Jabalpur. 
• The Constitution of India is a handwritten Constitution that was signed on 24th January 1950 by 284 members of the Constituent Assembly, where 15 of them were women came into force on 26th January, two days later from signing. 
• The final draft of the Constitution was completed on 26th November 1949 and it came into force after two months on 26th January 1950 known as Republic Day. 
• Many provisions are adopted from various Constitutions by our drafting committee while drafting the Constitution. 
• The concept of Directive Principles of State Policy (DPSP) was adopted from Ireland. 
• The concept of liberty, equality, and fraternity in our Preamble was adopted from the French Motto of the French Revolution. 

In conclusion, the preamble is an integral part of the Constitution and is widely appreciated as the quintessence of the soul, spirit, and backbone of the Constitution. The preamble highlights the fundamental values and guiding principles of the Constitution. The preamble declares that the citizens of India accepted the Constitution on 26th November 1949, but the date of commencement of the Constitution was decided to be 26th January 1950. 

The very purpose of the enactment of the preamble to the Constitution was served after the amendment done in the year 1976, which substituted the term ‘sovereign democratic republic’ to ‘sovereign socialist secular democratic republic’. The Preamble to the Constitution epitomises the aspiration of the people of India. 

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 preamble of the Constitution of India is one of the best preambles ever drafted, not only in ideas but in expressions as well. It contains the purpose of the constitution, to build an independent nation that protects justice, liberty, equality, and fraternity which are the objectives of the Constitution.

Frequently Added Questions (FAQs)

The supreme court in which case opined that secularism was an important part of the constitution even before the 1976 amendment act.

The Supreme Court in the case of  S.R. Bommai v. Union of India (1994) , opined that the concept of secularism has been embedded as an essential feature of the basic structure of the Constitution and has been a significant part of constitutional philosophy even before the 42nd Amendment. The court also held that “secularism is the bastion to build fraternity” .

In which case the concept of fraternity was discussed for the first time in detail?

In the case of  Indra Sawhney etc. v. Union Of India And Others (1992) , the concept of fraternity was used in two significant issues namely, to defend the provision of reservation embodied in the Constitution in regards to fraternity, and also to discuss its effects on fraternal relations when used in a misguided manner. The concept of fraternity which is laid down in our preamble was used to justify the practice of reservation for backward segments of the society in order to bring progress in the vulnerable sections of the society. 

Is the Preamble part of the basic structure doctrine of the Indian Constitution?

The objectives enumerated in the Preamble forms a part of the basic structure doctrine of the Consitution of India. As per the doctrine, the Parliament has an unlimited powe to amend the Constittuion. However, the amendment must not disrupt the basic structure of the Constitution. As discussed in the article, it is the settled position in law that a Preamble forms the part of the Consitution amd hence just like the Constitution it can be amended as well, keeping in mind the basic structure doctrine. As far as what constitutes the basic structure of the Constitution, it was left for the courts to decide as per the facts and circumstances. 

References 

• https://www.cambridge.org/core/services/aop-cambridge-core/content/view/0C548A998AEB5EAC78AD43D1B150B8B1/S0018246X21000856a.pdf/the-people-and-the-making-of-indias-constitution.pdf  
• Preamble to the Constitution: The Heart, the Soul and the Goal of the Indian Constitution, RHIDDHIMAN MUKHERJEE AND DIBYANGANA DAS, [Vol. 4 Iss 2; 233], International Journal of Law Management & Humanities  
• Introduction to the Constitution of India, 11th edition, Brij Kishore Sharma
• https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2043496  
• https://www.jetir.org/papers/JETIR2102201.pdf  

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The Preamble of the Indian Constitution Unveiled

Table of Contents

Constitutions serve as the backbone of any nation, outlining fundamental principles and laying the groundwork for governance . The preamble, in particular, captures the essence and aspirations of a country, setting the tone for its future. In the case of the Indian Constitution, the significance of the Preamble goes beyond mere words on paper. It encapsulates the dreams and struggles of millions who fought for independence and envisioned a progressive nation. Let's dive into the historical context, salient features, and the far-reaching impact of the Preamble in shaping India as we know it today.

Historical Context:

As we explore the Preamble of the Indian Constitution, it is essential to understand the historical context that led to its creation. India, under colonial rule, yearned for liberation and self-governance. The Constituent Assembly, led by visionary figures such as Dr. B.R. Ambedkar, Jawaharlal Nehru, and Mahatma Gandhi, convened to draft a blueprint for an independent India. The Preamble emerged as a reflection of their collective vision, shaped by the struggles and aspirations of a nation.

Salient Features:

The Preamble of the Indian Constitution encompasses several key principles that serve as the pillars of the nation. Justice, liberty, equality, fraternity, and secularism form the foundation upon which India's democratic fabric is woven. Justice, both social and economic, ensures that no citizen is deprived of their rights. Liberty guarantees individual freedoms and lays the groundwork for a thriving democracy. Equality ensures equal opportunities and protection under the law for all citizens, regardless of caste, creed, or gender. Fraternity promotes a sense of brotherhood and unity among diverse communities, forging a collective identity. Secularism, in the Indian context, ensures the freedom to practice and uphold one's religion, fostering religious harmony.

Significance and Interpretation:

While the Preamble holds great symbolic importance, it also carries legal weight in the Indian judiciary and legal system. The principles enshrined in the Preamble guide the interpretation and application of laws. Over the years, the judiciary has relied on the Preamble to resolve conflicts and protect the rights of citizens. Landmark cases have established the Preamble as a guiding light in determining the constitutionality of laws and policies.

Progressive and Inclusive India:

The Preamble's principles have played a pivotal role in shaping legislation and policies aimed at upholding social justice and inclusivity in India. Affirmative action measures, such as reservations for historically marginalized groups, have been implemented to rectify historical inequalities. The Preamble's ideals have paved the way for reforms in education, employment, and political representation, aiming to create a level playing field for all citizens.

"However, the journey towards achieving the Preamble's goals is an ongoing endeavor. Challenges such as caste-based discrimination, gender inequality, and regional disparities persist. India, as a nation, continually grapples with striking a balance between tradition and progress, while staying true to the principles laid out in the Preamble."

International Influence:

Beyond its impact within India's borders, the Preamble of the Indian Constitution has garnered global importance. Its principles have resonated with countries around the world, inspiring the drafting of their own constitutions. The Indian Preamble has served as a beacon of hope for nations striving to establish democratic values, social justice, and inclusivity in their societies.

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Preamble to the Indian Constitution

[vc_section][vc_row][vc_column width=\”1/2\”][vc_column_text] What is a Preamble?

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 idea of the following things/objects:

• Source of the Constitution
• Nature of Indian State
• Statement of its objectives
• Date of its adoption

History of the Preamble to Indian Constitution

The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22, 1947.

Although not enforceable in court, the Preamble states the objectives of the Constitution and acts as an aid during the interpretation of the Articles when language is found ambiguous.

Significance of Preamble to the Constitution

Sovereign – The Preamble proclaims that India is a Sovereign State. ‘Sovereign’ means that India has its own independent authority and it is not a dominion or dependent state of any other external power. The Legislature of India has the powers to enact laws in the country subject to certain limitations imposed by the Constitution.

Socialist –The term “Socialist” was added to the Preamble by the 42nd Constitutional Amendment in 1976. India has adopted ‘Democratic Socialism’ which means the achievement of socialist ends through democratic means. It holds faith in a mixed economy where both private and public sectors co-exist side by side.

Secular – The term secular in the Constitution of India means that all the religions in India get equal respect, protection, and support from the state. The Indian concept of Secularism is positive secularism as compared to negative secularism in the West (State is strictly divorced from religion). The word ‘Secular’ was incorporated in the Preamble by the 42nd Constitutional Amendment in 1976.

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. That means the supreme power lies with the people. It calls into activity the intelligence and character of ordinary men and women.

Republic – In a republic, the Head of the state is elected by people directly or indirectly. Political sovereignty is vested in the people rather than a monarch as in the case of Britain (Britain is a democracy but not a republic, it is a constitutional monarchy).In India, the president is elected indirectly by the people.

Is the Preamble a part of the Indian Constitution

Interpretation by the Supreme Court:

1. Berubari Union case, 1960 – The Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution. Despite this recognition of the significance of the Preamble, the Supreme Court held that the Preamble is not a part of the Constitution.

2. Kesavananda Bharati case, 1973 – Supreme Court rejected the earlier opinion (in the Berubari Case) and held that the Preamble is a part of the Constitution. It observed that the Preamble is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble. But it has no legal effect independent of other parts.

3. LIC vs. Union of India Case, 1995 – The Supreme Court again held that the Preamble is an integral part of the Constitution but it is not directly enforceable in a court of justice.

Amendment to the Preamble

The 42nd Amendment to the Constitution – amended the Preamble and changed the following:

1. Description of India from a “sovereign democratic republic” to a “sovereign, socialist secular democratic republic”

2. Changed the words “unity of the nation” to “unity and integrity of the nation”

What are the beginning words in the Preamble to the Constitution of India?

The preamble begins with the words “We the people of India…” thus clearly indicating the source of all authority of the constitution. It emphasizes the sovereignty of the people and the fact that all powers of government flow from the people. It is the people of India on whose authority the Constitution rests. The preamble surmises that it is the people of India who are the authors of the constitution. Thus the words “We, the people of India” declares in unambiguous terms that the Constitution has been adopted, enacted and given to themselves by the people of India.

Preamble of India – Objective Resolution

In 1946, Objective Resolution was moved by Jawaharlal Nehru, describing the constitutional structure. In 1947 (22nd January) it was adopted. It shaped the Constitution of India and its modified version is reflected in the Preamble of the Indian Constitution. The basic tenets that the objective resolution highlighted were:

• Constituent Assembly’s resolve to see India as independent, sovereign and republic
• To draw a Constitution for India
• To make all territories of the pre-independent India into united states of post-independent India
• To realize residual powers, autonomy on such states as the Constitution of India reflects
• To realize union with the power which will be different than those given to such states
• The people of India to play the source of power and authority of the sovereignty, and the independence
• To provide justice, social, economic and political equality of status of opportunity and, freedom of thought,
• expression, belief, faith, worship, vocation, association and action, subject to law and public
• morality before the law
• To provide adequate safeguards to the minorities, tribal and backward areas and other depressed and backward classes
• To maintain the integrity of the Indian republic’s territory and its territorial rights on land, sea, air according to the justice and law of the civilized nation
• To promote peace and welfare among the worldly nations.

Who was the Calligrapher of the Indian Constitution

Prem Behari Narain Raizada (1901–1966) was the calligrapher who hand-wrote the Constitution of India.

Who was the chief artist behind the illustration of the original Indian Constitution

Nandalal Bose took up the historic task of beautifying/decorating the original manuscript of the Constitution of India. He was assisted by his disciple Beohar Rammanohar Sinha.

Who designed and decorated the Preamble page of the Indian Constitution

The preamble page, along with other pages of the original Constitution of India, was designed and decorated solely by renowned painter Beohar Rammanohar Sinha of Jabalpur. [/vc_column_text][/vc_column][vc_column width=\”1/2\” is_sticky=\”yes\” sticky_min_width=\”767\” sticky_top=\”130\” sticky_bottom=\”0\”][vc_custom_heading text=\”PREAMBLE TO THE INDIAN CONSTITUTION | TIMETEA | SHIELD IAS\” font_container=\”tag:h2|font_size:24PX|text_align:center|color:%23ffffff|line_height:34PX\” use_theme_fonts=\”yes\” css=\”.vc_custom_1667909970738{margin-top: 0px !important;margin-bottom: 0px !important;padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #434a9b !important;}\”][vc_video link=\”https://youtu.be/ERTUPTD0bNI\” css=\”.vc_custom_1667909965363{margin-top: 0px !important;padding-top: 0px !important;}\”][/vc_column][/vc_row][/vc_section]

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Preamble of Indian Constitution Meaning, Objectives, Significance

Preamble of Indian Constitution declares India to be a sovereign, socialist, secular and democratic republic. The objectives are to secure justice, liberty, equality to all citizens. UPSC, PDF

Table of Contents

Preamble of Indian Constitution

The Constitution of India’s “Preamble” is a succinct introductory statement that outlines the document’s overarching goals and guiding principles. It also identifies the source of the document’s authority, i.e., the people. The Constituent Assembly approved it on November 26, 1949, and it went into effect on January 26, 1950. The Preamble of Indian Constitution is a succinct introduction that outlines the fundamental goals, tenets, and guiding principles of the document. The preamble provides information about the following:

• The constitution’s genesis
• The character of the Indian state.
• A description of its goals
• The date it was adopted

Preamble of Indian Constitution: Latest Update

Nearly 2.28 crore people have registered to read the Constitution’s preamble on September 15 in Karnataka. Karnataka Social Welfare Minister H C Mahadevappa nearly 2.28 crore people from all walks of life within the country and abroad, have registered to read the Constitution’s preamble on September 15 as part of the ‘International Day of Democracy’ celebrations. The intention is to make people, especially the youth understand the idea of the democracy and the constitution, and thereby they know the main purpose of the preamble, to lead a life with dignity, freedom and equality.

What is preamble of Indian Constitution?

The Preamble is the main and most effective introduction to the particular document, and it should be included in any form of beneficial book. Essentially, it is a statement that introduces the topic and generally gives you a wealth of information about it. The subject’s aim, philosophy, uses, ideas, and aspirations are essentially covered in the user manual, along with important principles and a description of the key goals. The Preamble provides examples of several types of information. It is the first item mentioned on the document’s front page. So, the Preamble’s primary and essential goal is that.

Salient Features of Constitution of India

Preamble of Indian Constitution Overview

The American constitution was the first to introduce Preamble in its Constitution. Preamble contains the summery or essence of the constitution. It also embodies the basic philosophy and fundamental values as political, moral and religious on which the Constitution of India is based. Preamble contains the noble vision of the Constituent Assembly and reflects the dreams and aspirations of the framers of the constitution. NA Palkhivala a constitutional expert and an eminent jurist called the Preamble as the ‘Identity Card of the Constitution.’ Check the overview of Preamble of Indian Constitution in the table provided below:

History of Preamble of Indian Constitution 

The Preamble outlines the Constitution’s goals even though it is not legally binding and can be used to help understand the Articles where there is a linguistic ambiguity.

• Jawaharlal Nehru’s Objectives Resolution, which the Constituent Assembly ratified on January 22, 1947, established the principles that serve as the foundation of India’s Constitution.
• The Objectives Resolution laid the groundwork for India’s Constitution, which codified the fundamental values of equality, liberty, democracy, sovereignty, and cosmopolitanism.
• This strengthened the moral commitment to build a government that will fulfill the many promises made to the Indian people by the nationalist movement.
• This resolution, which was unanimously approved on January 22, 1947, served as the basis for the Preamble to the Constitution. The ideals of the preamble include the core framework of our constitution. It emphasizes the essential ideas and philosophy of the Indian constitution.

Objectives of Preamble of Indian Constitution

Jawaharlal Nehru proposed the Objective Resolution in 1946, which outlined the constitutional framework. It was adopted on January 22, 1947. It influenced the Indian Constitution, and the Preamble of the Indian Constitution reflects its modified version. The fundamental principles that the objective resolution highlighted were:

• The Constituent Assembly’s determination to recognize India as an independent, sovereign, and republic;
• The creation of an Indian Constitution; and
• The goal of transforming all pre-independence Indian provinces into post-independence Indian states.
• To realize union with the power that will be distinct from those granted to such states;
• To realize residual powers, autonomy on such states as the Constitution of India reflects;
• For the Indian people to act as the source of power and authority of the sovereignty, and the independence
• To uphold justice, social, economic, and political equality of opportunity, as well as the freedoms of expression, association, association with others for a common purpose, and action, subject to the law and public morality before the law.
• To offer minorities, tribal and underdeveloped regions, as well as other downtrodden and backward sections, proper protections.
• To uphold the territorial integrity of the Indian Republic and its sovereign rights over land, sea, and air in accordance with international law and justice
• To advance international harmony and prosperity.

Components of Preamble of Indian Constitution

The Indian people are the Constitution’s ultimate source of authority, as stated in the Preamble. In the preamble, India is described as a sovereign, socialist, secular, and democratic republic. The Preamble seeks to provide justice, liberty, equality, and fraternity for all citizens in order to safeguard the nation’s integrity and togetherness. As stated in the preamble, it was adopted on November 26, 1949.

Important Articles of Indian Constitution

Martial Law

Keywords of Preamble of Indian Constitution

• We, the people of India : It represents the whole sovereignty of the Indian people. The term “sovereignty” refers to a state’s independent power, which is unaffected by the actions of any other state or outside force.
• Sovereign: The phrase indicates that India is an independent country with its own government and is not under the control of any other external entity. The country’s legislature has the authority to enact laws, but only within specific bounds.
• Socialist: The phrase refers to socialist goals being achieved using democratic means. It adheres to the idea of a mixed economy in which the public and private sectors coexist side by side. The 42nd Amendment of 1976 adds it to the Preamble.
• Secular: The phrase indicates that the government in India accords equal respect, safety, and support to all major religions. The Preamble of the Constitution was amended by the 42nd Constitutional Amendment in 1976.
• Democratic: The phrase emphasizes that the Indian Constitution has an established form that is based on the desire of the people as expressed through elections.
• Republic: The phrase implies that the people elect the state’s head of state. The President of India is the country’s elected head of state.

Panchayati Raj

Present Status of Preamble of Indian Constitution

The Supreme Court has debated the preamble’s inclusion in the Constitution on numerous occasions. Reading the following two cases will help you understand it.

Berubari Case

It was used as a reference under Article 143(1) of the Constitution, which dealt with the Berubari Union’s implementation under the Indo-Pakistan Agreement, and in exchanging the enclaves that the panel of eight judges agreed to take into consideration.

The Preamble is the key to unlock the minds of the framers, the Court said in the Berubari case, but it cannot be regarded as a part of the Constitution. So it cannot be enforced in a court of law.

Kesavananda Bharati Case

In this instance, a bench of 13 judges was gathered for the first time to hear a writ petition. The Court determined that:

• The Constitution’s Preamble will now be regarded as a component of the document.
• Though not the ultimate authority or the source of any restriction or ban, the Preamble is significant in how laws and Constitutional provisions are interpreted.
• Therefore, it can be said that the Constitution’s preamble is a part of its introduction.

The Supreme Court has once again ruled that while the Preamble is an essential component of the Constitution, it is not immediately enforceable in an Indian court of justice. This ruling was made in the 1995 case of Union Government vs. LIC of India.

List of Prime Minister of India

Amendment of Preamble of Indian Constitution

After the Kesavanand Bharati case verdict, it was acknowledged that the preamble is a component of the Constitution and enacted the 42nd Amendment Act in 1976. Preamble can be changed because it is a part of the Constitution under Article 368, but its fundamental format cannot be changed. Currently, the 42nd Amendment Act of 1976 is the only amendment to the preamble.

Through the 42nd Amendment Act of 1976, the words “Socialist,” “Secular,” and “Integrity” were added to the preamble. Between “Sovereign” and “Democratic,” the terms “Socialist” and “Secular” were added. “Unity and Integrity of the Nation” was substituted for “Unity of the Nation.”

List of President of India

List of Vice Presidents of India

Preamble of Indian Constitution UPSC

• The Indian Constitution, which is currently in effect, has just one Preamble, 22 parts, 12 schedules, and 448 articles.
• The Objective Resolution, which Jawaharlal Nehru prepared in 1946, is referenced in the preamble of the Indian Constitution.
• The Supreme Court of India deemed the Preamble to be unconstitutional in the Berubari Case (1960).
• The Kesavananda Bharti Case further stressed that it is a component of the Indian Constitution.

List of Chief Ministers of India

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Preamble of Indian Constitution FAQs

What are 5 parts of preamble.

The following are the five major ideals enshrined in the Preamble to the Constitution of India: • Liberty • Justice • Sovereign • Secular • Democratic

Who wrote preamble of India?

The "Objectives Resolution," which Pandit Nehru wrote and moved for the Constituent Assembly to adopt, serves as the foundation for the Preamble of the Indian Constitution. Nehru moved it on December 13, 1946, and the Constituent Assembly approved it on January 22, 1947.

Why is preamble important?

It outlines aspirations that the Constitution aspires to. It provides the Constitution with direction and meaning. It also enshrines the broad objectives and socioeconomic targets that must be attained through constitutional processes.

What is Preamble Explain?

A prologue is a statement that introduces a document and discusses its goals and philosophy. A Constitution outlines the goals of its creators, the background to their work, and the fundamental ideals and values of the country. Jawaharlal Nehru's Objectives Resolution, which the Constituent Assembly approved on January 22, 1947, set forth the principles that are reflected in the Preamble to India's Constitution. Although not legally binding, the Preamble outlines the goals of the Constitution and serves as a guide for interpreting unclear wording in the Articles.

What is the features of preamble?

The Preamble's characteristics include stating the authority from which the Constitution draws its authority, reaffirming the nation's commitment to securing justice, liberty, and equality, outlining the Constitution's goals, and mentioning the area that the Constitution shall apply to.

Who signed Indian Constitution first?

Dr. Rajendra Prasad signing the Indian Constitution on 24 January 1950. Dr. Rajendra Prasad shaking hands with Jawaharlal Nehru after signing the Indian Constitution on 24 January 1950.

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Essay on Constitution of India for Students and Children

500+ words essay on constitution of india.

The constitution of India came into force from 26 January. A special committee is gathered to draw and outline the constitution. The constitution gives all the details related to what is legal and what is illegal in the country. In addition, with the enforcement of the constitution, the Indian sub-continent become the Republic of India . Besides, the drafting committee consists of seven members that were supervised by B.R. Ambedkar. Moreover, the constitution helps in maintaining prosperity and peace in the country.

Salient Features of the Constitution

The list of salient features of the Indian constitution is very long and there are many uniqueness about it that you won’t find in any other countries constitution.

Longest Written Constitution

The first thing that makes the Indian constitution different is its length. The constitution of India contains a preamble, 448fourhundred, and forty-eight Articles, twenty-five groups, twelve Schedules, and five appendices. Moreover, it takes around 3 years to complete the draft of the constitution.

The Rigidity and Flexibility of the Indian Constitution

The constitution is hard as well as soft both at the same time. While on one side the supreme power needs to be followed carefully to maintain the law and order in the country, on the other side the citizen can appeal to amend the outdated provisions. But there are certain provisions that can be easily amended and there are some that take a lot of time and resources to amend. Furthermore, there have been more than 100 amendments in the constitution from the day of its enforcement.

Get the huge list of more than 500 Essay Topics and Ideas

The original constitution does not have preamble but it was later on added to the constitution. Also, it gives a detailed account of the constitution’s philosophy. The preamble states that India is a Socialist, Secular, Sovereign, and Democratic republic. In addition, it believes in equality, justice, and freedom of its people . The constitution puts the welfare of its people first rather than the state.

A Secular State

According to the constitution of India is a secular country that means that it does not give special status to any religion. Anyone can perform his religion freely.

It means a dictator or monarch does not rule the country. Moreover, it nominates and elects its head every five years.

Fundamental Policies

The constitution of t5he country states every fundamental duty of its citizens under it. These duties have to be followed by all the citizens of the country equally whether it’s a rich person or a poor one. Besides, these duties include the respect of national flag and national anthem , integrity and unity of the country, the safeguard of public property, and various others.

Directive State Principle or Policy

This policy is simple guidelines to the state in which ensure the development of its socio-economy via its policies.

In conclusion, the constitution serves as guidelines for every citizen. Also, law and rule are completely defined in the constitution. The head of the drafting committee Dr. B.R. Ambedkar has done a remarkable job that no one can forget. He and his team draft constitution that no other country has bale to do till date. Besides, the constitution has helped India to attain the status of the Republic in the world.

FAQs about Essay on Constitution of India

Q.1 Define what is the Indian constitution in simple words? A.1 The constitution is the supreme law of the country. Everything is predefined in it. Besides, the constitution is a framework that guides the procedures, policies, and power of the government.

Q.2 Who is known as the father of the Indian constitution? A.2 Dr. B.R. Amberdkar is the father of the Indian constitution because he was the head of the drafting committee that completed the constitution.

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Preamble To The Indian Constitution

The preamble of the Indian Constitution serves as a brief introductory statement of the Constitution that sets out the guiding purpose, principles and philosophy of the Indian Constitution.[1]By 42nd Constitutional Amendment, 1976, it was amended which determined to constitute India into a Sovereign, Socialist, Secular and Democratic Republic. It secures justice, liberty, equality to all citizens of India and promotes fraternity amongst the people. The idea of the following things can be given by the Preamble which are: ·Source of the Constitution ·Nature of Indian State ·A statement of its objectives ·Date of its adoption[2]

The Preamble of Indian Constitution

Key words in the preamble, 1. sovereign, 2. socialist, 4. democratic, 5. republic, interpretation by the supreme court, law article in india, please drop your comments, you may like.

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W E 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 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 .  

_____________________

"SOCIALIST SECULAR" Subs. by the Constitution (Forty-second Amendment) Act, 1976, s.2, for "SOVEREIGN DEMOCRATIC REPUBLIC" (w.e.f. 3-1-1977).

 "and integrity" Subs. by s. 2, ibid., for "Unity of the Nation" (w.e.f. 3-1-1977). 

Essay on the preamble of Indian constitution

Preamble is an introductory statement, stating the aims and objectives of the constitution. Accordingly, the preamble to the Indian constitution spells out the basic philosophy contained in the body of the Indian Constitution. The preamble is as follows:

“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 all its citizens;

FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation.

ADVERTISEMENTS:

In our Constituent Assembly this twenty-sixth day of November, 1949, do hereby adopt, enact and give to ourselves this Constitution.”

Reading through the Preamble, one can see the purpose that it serves, namely, the declaration of (1) the source of the constitution, (2) a statement of its objectives and (3) the date of its adoption.

The opening words of the preamble (‘we the people of India’) emphasise the ultimate authority of the people from whose will the constitution emerges. Since the Constituent Assembly enacted and adopted the constitution in the name of the people of India, the question has been asked whether the Assembly was really representative of the people of India. This question was raised both within and outside the Assembly. The circumstances under which the Constituent Assembly came into being shows that it was impracticable to constitute such a body in 1946 with adult suffrage as its basis. No part of the country had the experience of adult suffrage.

To prepare an electoral roll on the basis of adult suffrage for the country and to hold elections on that basis would have certainly taken a number of years. It was rightly thought unwise to postpone the task of constitution making until such an election was held. This was the main justification for accepting the Cabinet Mission Plan for constituting the Assembly through indirect election. Everyone will definitely agree with what Dr. Ambedkar said in the floor of the Constituent Assembly in 1949, “I say that the Preamble embodies what is the desire of every members of the House, that the constitution should have its root, its authority, its sovereignty from the people that it has”.

The Preamble proclaims the solemn resolution of the people of India to constitute India into a ‘Sovereign socialist, secular democratic republic’. The words ‘socialist’ and ‘secular’ were introduced into the preamble in 1976 by the 42nd Amendment of the Constitution.

India is ‘Sovereign’, in as much as it is free from any external control and having independent power and authority. Sovereignty of India does not come in the way of its remaining a member of the Commonwealth of Nations. Though the Queen of the UK is its symbolic head, it is a voluntary association and so does not violate India’s sovereign status.

India is ‘democratic’, as it has chosen a representative and responsible system of government under which those who administer the affairs of the state are elected by the electorate and accountable to them. The term “republic’ implies an elected head of the state. By declaring to become a republic, India has chosen the system of electing one of its citizens as its President- the head of the state at regular intervals.

Socialism in India has been accepted in the meaning of ‘Democratic Socialism’. The main aim of the expression was to bring about a balance in the existing economic disparities. India is ‘secular,’ because it maintains perfect neutrality in religious matters. It does not have anything as state-religion and the people are free to accept or reject any religion of their choice.

The Preamble proceeds further to define the objectives of the Indian Republic. These objectives are four in number: ‘Justice’, ‘Liberty’, ‘Equality’ and ‘Fraternity’. The essence of justice is the attainment of the common good. It embraces the entire social, economic and political spheres of human activity.

The term ‘liberty’ used in the Preamble is not merely a negative, but a positive concept. It signifies not only the absence of any arbitrary restraint on the freedom of individual action but also the creation of conditions which are essential for the development of the personality of the individual. ‘Liberty’ and ‘Equality’ are complementary. Equality does not mean that all human beings are equal mentally and physically. It signifies equality of status, the status of free individuals and availability of opportunity to everyone to develop his potential capacities.

Finally, it is the spirit of brotherhood, that is emphasised by the use of the term “fraternity” in the Preamble. India being a multilingual and multi-religious state, the unity and integrity of the nation can be preserved only through a spirit of brotherhood that pervades the entire country, among all its citizens, irrespective of their differences.

The Preamble of the Constitution of India is one of the best of its kind ever drafted. Both in ideas and expression it is an unique one. It embodies the spirit of the constitution to build up an independent nation which will ensure the triumph of justice, liberty, equality and fraternity. One of the members of the Constituent Assembly (Pundit Thakur Das Bhargav) rose to poetic heights when he said, “The Preamble is the most precious part of the Constitution. It is the soul of the Constitution. It is a key to the Constitution. It is a jewel set in the Constitution.”

Related Articles:

• Short Paragraph on the Preamble to the Constitution of India
• The preamble to the constitution is aimed to embody the fundamental values and the philosophy on which the constitution is based
• Sample essay on The constitution of India
• What is the significance of the ‘Preamble’ of the Indian Constitution?

• Lesson Plans
• Teacher's Guides
• Media Resources

The Preamble to the Constitution: A Close Reading Lesson

The first page of the United States Constitution, opening with the Preamble.

National Archives

"[T]he preamble of a statute is a key to open the mind of the makers, as to the mischiefs, which are to be remedied, and the objects, which are to be accomplished by the provisions of the statute." — Justice Joseph Story, Commentaries on the Constitution

The Preamble is the introduction to the United States Constitution, and it serves two central purposes. First, it states the source from which the Constitution derives its authority: the sovereign people of the United States. Second, it sets forth the ends that the Constitution and the government that it establishes are meant to serve.

Gouverneur Morris, the man the Constitutional Convention entrusted with drafting the final version of the document, put into memorable language the principles of government negotiated and formulated at the Convention.

As Supreme Court Justice Joseph Story points out in the passage quoted above, the Preamble captures some of the hopes and fears of the framers for the American republic. By reading their words closely and comparing them with those of the Articles of Confederation, students can in turn access “the mind of the makers” as to “mischiefs” to be “remedied” and “objects” to be accomplished.

In this lesson, students will practice close reading of the Preamble and of related historic documents, illuminating the ideas that the framers of the Constitution set forth about the foundation and the aims of government.

Guiding Questions

How does the language of the Preamble to the U.S. Constitution reflect historical circumstances and ideas about government?

To what extent is the U.S. Constitution a finished document?

Learning Objectives

Compare the Preamble to the U.S. Constitution with the statement of purposes included in the Articles of Confederation.

Explain the source of authority and the goals of the U.S. Constitution as identified in the Preamble.

Evaluate the fundamental values and principles expressed in the Preamble to the U.S. Constitution.

Lesson Plan Details

The Articles of Confederation was established in 1781 as the nation’s “first constitution.” Each state governed itself through elected representatives, and the state representatives in turn elected a central government. But the national government was so feeble and its powers so limited that this system proved unworkable. Congress could not impose taxes to cover national expenses, which meant the Confederation was ineffectual. And because all 13 colonies had to ratify amendments, one state’s refusal prevented any reform. By 1786 many far-sighted American leaders saw the need for a more powerful central authority; a convention was called to meet in Philadelphia in May 1787.

The Constitutional Convention met for four months. Among the chief points at issue were how much power to allow the central government and then, how to balance and check that power to prevent government abuse.

As debate at the Philadelphia Convention drew to a close, Gouverneur Morris was assigned to the Committee of Style and given the task of wording the Constitution by the committee’s members. Through thoughtful word choice, Morris attempted to put the fundamental principles agreed on by the framers into memorable language.

By looking carefully at the words of the Preamble, comparing it with the similar passages in the opening of the Articles of Confederation, and relating them to historical circumstances as well as widely shared political principles such as those found in the Declaration of Independence, students can see how the Preamble reflects the hope and fears of the Framers.

For background information about the history and interpretation of the Constitution, see the following resources:

• A basic and conveniently organized introduction to the historical context is “ To Form a More Perfect Union ,” available in Documents from the Continental Congress and the Constitutional Convention, 1774–1789 from the Library of Congress .
• Another historical summary is " Constitution of the United States—A History ," available in America's Founding Documents from the National Archives .
• The Interactive Constitution , a digital resource that incorporates commentary from constitutional scholars, is available from the National Constitution Center .
• The American Constitution: A Documentary Record , available via  The Avalon Project at the Yale Law School , offers an extensive archive of documents critical to the development of the Constitution.

This lesson is one of a series of complementary EDSITEment lesson plans for intermediate-level students about the foundations of our government. Consider adapting them for your class in the following order:

• The Argument of the Declaration of Independence
• (Present lesson plan)
• Balancing Three Branches at Once: Our System of Checks and Balances:
• The First Amendment: What's Fair in a Free Country

NCSS. D2.Civ.3.9-12. Analyze the impact of constitutions, laws, treaties, and international agreements on the maintenance of national and international order.

NCSS.D2.Civ.4.9-12. Explain how the U.S. Constitution establishes a system of government that has powers, responsibilities, and limits that have changed over time and that are still contested.

NCSS. D2.His.3.9-12. Use questions generated about individuals and groups to assess how the significance of their actions changes over time and is shaped by the historical context.

NCSS. D2.His.4.9-12. Analyze complex and interacting factors that influenced the perspectives of people during different historical eras.

NCSS. D2.His.5.9-12. Analyze how historical contexts shaped and continue to shape people’s perspectives.

NCSS. D2.His.6.9-12. Analyze the ways in which the perspectives of those writing history shaped the history that they produced.

NCSS. D2.His.14.9-12. Analyze multiple and complex causes and effects of events in the past.

CCSS.ELA-Literacy.CCRA.R.1. Read closely to determine what the text says explicitly and to make logical inferences from it; cite specific textual evidence when writing or speaking to support conclusions drawn from the text.

CCSS.ELA-LITERACY.RH.6-8.2. Determine the central ideas or information of a primary or secondary source; provide an accurate summary of the source distinct from prior knowledge or opinions.

CCSS.ELA-LITERACY.RH.6-8.6. Identify aspects of a text that reveal an author’s point of view or purpose (e.g., loaded language, inclusion or avoidance of particular facts).

CCSS.ELA-LITERACY.RH.6-8.10. By the end of grade 8, read and comprehend history/social studies texts in the grades 6-8 text complexity band independently and proficiently.

The following resources are included with this lesson plan to be used in conjunction with the student activities and for teacher preparation.

• Activity 1. Student Worksheet
• Activity 2. Teachers Guide to the Preamble
• Activity 2. Graphic Organizer

Review the Graphic Organizer for Activity 2, which contains the Preamble to the Constitution along with the opening passages of the Articles of Confederation and the second paragraph of the Declaration of Independence (both from OurDocuments.gov ), and make copies for the class.

Activity 1. Why Government?

To help students understand the enormous task facing the Americans, pose a hypothetical situation to the class:

Imagine that on a field trip to a wilderness area or sailing trip to a small, remote island, you all became stranded without any communication with parents, the school, or other adults and had little hope of being rescued in the foreseeable future. The area where you’re marooned can provide the basic necessities of food, shelter, and water, but you will have to work together to survive.

Encourage students to think about the next steps they need to take with a general discussion about such matters as:

• Are you better working together or alone? (Be open to their ideas, but point out reasons why they have a better chance at survival if they work together.)
• How will you work together?
• How will you create rules?
• Who will be responsible for leading the group to help all survive?
• How will they be chosen?
• How will you deal with people in the group who may not be following the rules?

Distribute the Student Worksheet handout , which contains the seven questions below. [ Note: These questions are related to the seven phrases from the Preamble but this relationship in not given on the handout. ]

Divide students into small groups and have each group brainstorm a list of things they would have to consider in developing its own government. [ Note: You can have all groups answer all seven questions or assign one question for each group.] Ask students to be detailed in their answers and be able to support their recommendations.

• How will you make sure everyone sticks together and works towards the common goal of getting rescued? (form a more perfect union)
• How will you make sure that anyone who feels unfairly treated will have a place to air complaints? (establishing justice) 
• How will you make sure that people can have peace and quiet? (ensuring domestic tranquility) 
• How will you make sure that group members will help if outsiders arrive who threaten your group? (providing for the common defense)
• How will you make sure that the improvements you make on the island (such as shelters, fireplaces and the like) will be used fairly? (promoting the general welfare) 
• How will you make sure that group members will be free to do what they want as long as it doesn't hurt anyone else? (securing the blessing of liberty to ourselves) 
• How will you make sure that the rules and organizations you develop protect future generations? (securing the blessing of liberty to our posterity) 

While students are working in their groups, write or project the following seven headers on the front board in this order:

• Secure the Blessings of Liberty for our Posterity,
• Promote the General Welfare,
• Establish Justice,
• Form a more perfect Union,
• Insure Domestic Tranquility,
• Secure the Blessings of Liberty to Ourselves, and
• Provide for the Common Defense

After the groups have finished discussing their questions, have them meet as a class. First ask them to identify which question (by number) from their handout goes with which section of the Preamble of the U.S. Constitution you’ve listed on the front board. Next, have students share their recommendations to the questions and allow other groups to comment, add, or disagree with the recommendations made.

Exit Ticket:

Encourage class discussion of the following questions:

• Having just released themselves from Britain's monarchy, what would the colonists fear most?
• Judging from some of the complaints the colonists had against Britain, what might be some of their concerns for any future government?

As in the hypothetical situation described above, what decisions would the colonists have to make about forming a new government out of 13 colonies which, until 1776, had basically been running themselves independently?

Activity 2. What the Preamble Says

Review the Teachers' Guide to the Preamble , which parses each of the phrases of the Preamble and contrasts them with the equivalent passages in the Articles and the Declaration. Teachers can use this guide as a source for a short lecture before the activity and as a kind of answer sheet for the activity.

In this activity, students investigate the Preamble to the Constitution by comparing and contrasting it with the opening language of the Articles of Confederation. They will:

• understand how the Preamble of the Constitution (in outlining the goals of the new government under the Constitution) was written with the deficiencies of the Articles of Confederation in mind, aiming to create “a more perfect union,” and
• understand how the Preamble drew its justification from the principles outlined in the Declaration of Independence.

The aim of this activity is to show students, through a close reading of the Preamble, how its style and content reflect some of the aspirations of the framers for the future of republican government in America. 

[ Note: teachers should define “diction,” “connotation,” and “denotation” to the students before beginning to ask students to differentiate between language in the two documents. ]

Distribute copies of the Graphic Organizer and questions to all students and have them complete it in their small groups (or individually as a homework assignment).

Have one or two students or groups of students summarize their conclusions concerning the critical differences between the Articles and the Preamble, citing the sources of these documents as referents.

Have students answer the following in a brief, well-constructed essay:

Using the ideas and information presented in this lesson, explain how the wording and structure of the Preamble demonstrate that the Constitution is different from the Articles of Confederation.

Note: For an excellent example of what can be inferred from the language and structure of the Preamble, teachers should review and model this passage by Professor Garret Epps from “ The Poetry of the Preamble ” on the Oxford University Press blog (2013):

“Form, establish, insure, provide, promote, secure”: these are strong verbs that signify governmental power, not restraint. “We the people” are to be bound—into a stronger union. We will be protected against internal disorder—that is, against ourselves—and against foreign enemies. The “defence” to be provided is “common,” general, spread across the country. The Constitution will establish justice; it will promote the “general” welfare; it will secure our liberties. The new government, it would appear, is not the enemy of liberty but its chief agent and protector.

Students could be asked whether they agree or disagree with the above interpretation. They should be expected to provide evidence-based arguments for their position.

The aspirational rhetoric of the Preamble has inspired various social movements throughout our nation’s history. In particular, two 19th-century developments come to mind: the struggles for abolitionism and women's suffrage. Examples of oratory from each movement are provided below. In response to one of these excerpts, students can write a short essay about how the words of the Preamble affected the relevant movement.

• Students should ascertain what the Preamble meant to the movement and how it was used to make an appeal to the nation. The essay might address the question of how and why those such as Frederick Douglass and Susan B. Anthony, who at their time were excluded from the full range of rights and liberties ensured by the Constitution and the Bill of Rights, responded to the principles expressed in the Preamble.
• Students should then argue either for or against the interpretation of the Preamble advanced in the excerpt, drawing from the knowledge gained in this lesson.

Be sure that the essay has a strong thesis (a non-obvious, debatable proposition about the Preamble) that students support with evidence from the texts used in this lesson.

Example 1. Frederick Douglass, “ What to the Slave is the Fourth of July ?” (1852)

Fellow-citizens! there is no matter in respect to which, the people of the North have allowed themselves to be so ruinously imposed upon, as that of the pro-slavery character of the Constitution. In that instrument I hold there is neither warrant, license, nor sanction of the hateful thing; but, interpreted as it ought to be interpreted, the Constitution is a GLORIOUS LIBERTY DOCUMENT. Read its preamble, consider its purposes. Is slavery among them? Is it at the gateway? or is it in the temple? It is neither.

Example 2. Susan B. Anthony, “ Is It a Crime for a U.S. Citizen to Vote? ” ( 1873)

It was we, the people; not we, the white male citizens; nor yet we, the male citizens; but we, the whole people, who formed the Union. And we formed it, not to give the blessings of liberty, but to secure them; not to the half of ourselves and the half of our posterity, but to the whole people—women as well as men. And it is a downright mockery to talk to women of their enjoyment of the blessings of liberty while they are denied the use of the only means of securing them provided by this democratic-republican government—the ballot.

Materials & Media

Preamble close reading: activity 1 student worksheet, preamble close reading: activity 2 graphic organizer, preamble close reading: activity 2 teachers guide, related on edsitement, a day for the constitution, commemorating constitution day, the constitutional convention of 1787.