The Preamble of the Indian Constitution

  The Preamble of the Indian Constitution serves as an introduction to the Constitution and reflects its fundamental principles and philosophy. It is based on the Objectives Resolution proposed by Jawaharlal Nehru in 1946 and was later adopted with modifications.

The Preamble declares India to be a Sovereign, Socialist, Secular, Democratic, and Republic nation and outlines the core values of Justice (social, economic, and political), Liberty (of thought, expression, belief, faith, and worship), Equality (of status and opportunity), and Fraternity (assuring individual dignity and national unity).

It also affirms that the ultimate power in India lies with "We, the People of India," signifying that the Constitution derives its authority from the citizens.

The Supreme Court has recognized the Preamble as an integral part of the Constitution's basic structure, meaning it cannot be altered in a way that changes its core principles. Scholars often refer to it as the soul of the Constitution, as it encapsulates its essence and objectives.

Significance of the Preamble of the Indian Constitution

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The Preamble of the Indian Constitution as Its Fundamental Philosophy

On December 13, 1946, Jawaharlal Nehru presented the "Objectives Resolution" in the Constituent Assembly, which laid down the ideals and values that the Assembly was to work towards. This resolution was unanimously passed on January 22, 1947, after extensive deliberation. Upon the completion of the Constitution's drafting, this resolution, with minor modifications, was incorporated at the beginning of the Constitution as the Preamble.

The Honorable Supreme Court has clarified in its judgment that whenever there is ambiguity in any part of the Constitution, the Preamble should be referred to as a guiding light. Moreover, the Preamble serves as an explanation of the ideals that led to the formation of the Constituent Assembly. Regarding its significance, Dr. Subhash Kashyap has stated:

"Each word of the Preamble is a picture, a picture that speaks, a story that tells of penance, sacrifice, and dedication."

The Supreme Court has also affirmed that the Preamble is an integral part of the Constitution and forms a part of its basic structure. Therefore, while Parliament has the power to amend it, it cannot alter its fundamental principles. Some scholars even consider the Preamble to be the soul of the Constitution.

Current Form of the Indian 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 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."*

Analysis of the Preamble

The Preamble can be divided into four parts:

1. Source of Power

2. Nature of Governance

3. Objectives of the Constitution or Governance

4. Date of Adoption of the Constitution

1. Source of Power

The opening statement of the Preamble, "We, the people of India… do hereby adopt, enact, and give to ourselves this Constitution," signifies that the ultimate sovereignty in India lies with the people.

2. Nature of Governance

The Preamble describes the nature of India's governance through five key terms: Sovereign, Socialist, Secular, Democratic, and Republic.

Sovereign: India is internally supreme and externally independent, meaning it is not subject to any external authority.

Socialist: The government's policies aim to reduce the gap between the rich and the poor. This is reflected in India’s mixed economy and economic planning.

Secular: India does not have a state religion. All religions are equally protected, and every citizen has the freedom to follow and practice their faith.

Democratic: The government in India is elected by the people.

Republic: The head of the state (President) is an elected representative rather than a hereditary ruler.

3. Objectives of the Constitution

The Preamble outlines four key objectives of governance:

Justice: The establishment of social, economic, and political justice ensures that there is no discrimination based on wealth, caste, or creed, and all citizens have equal rights to participate in governance.

Liberty: It guarantees the freedom of thought, expression, belief, faith, and worship, ensuring that individuals can express their ideas freely and practice their religion.

Equality: The Preamble upholds equality of status and opportunity, meaning that all individuals are considered equal and no privileged class exists. Everyone has equal access to government jobs and opportunities for personal growth.

Fraternity: It emphasizes dignity, national unity, and integrity, promoting brotherhood among citizens so that they live together harmoniously.

4. Date of Adoption

The Preamble mentions that the Constitution was adopted and enacted on November 26, 1949.

Conclusion

From the above analysis, it is evident that the Preamble represents the fundamental philosophy of the Indian Constitution. Dr. Subhash Kashyap aptly describes it by stating:

"If the Constitution is the body, the Preamble is its soul; if the Preamble is the foundation, the Constitution is the structure built upon it."