Preamble — Nature and Significance

1. Introduction #

The Preamble to the Constitution of India is a succinct statement that encapsulates the ideals, philosophy, and objectives which the framers sought to achieve through the Constitution. It represents the spirit of the Constitution and serves as a guiding light for its interpretation. Drafted under the influence of Pandit Jawaharlal Nehru’s Objectives Resolution (1946), it was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950.

The Preamble reads:

“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…”

2. Nature of the Preamble #

(a) Philosophical Part of the Constitution #

The Preamble represents the philosophy and vision of the Constitution. It does not confer any power but serves as a source of constitutional interpretation.

(b) Reflects the Will of the People #

The opening words “We, the People of India” signify that sovereignty vests in the people, and the Constitution derives its authority from them, not from any external or colonial power.

(c) Based on the Objectives Resolution #

Introduced by Jawaharlal Nehru on 13 December 1946, the Objectives Resolution declared India’s intention to be an independent sovereign republic, ensuring justice, equality, and freedom to all citizens.
This Resolution later became the foundation of the Preamble.

(d) Part of the Constitution or Not? #

Initially, the Preamble was considered not to be a part of the Constitution. However, later judicial interpretation clarified its constitutional status.

3. Judicial Interpretation of the Preamble #

(i) Re: Berubari Union Case (1960 AIR SC 845) #

Facts: Question arose whether the Preamble could be used to interpret constitutional provisions while deciding if India could cede territory to another country.
Issue: Is the Preamble a part of the Constitution and can it be a source of legislative power?
Rule: The Supreme Court held that the Preamble is not a part of the Constitution and cannot be the source of power.
Application: It only indicates the objectives of the Constitution, serving as a key to interpretation but not enforceable by itself.
Conclusion: The Preamble is not a substantive part of the Constitution.

Held: The Preamble is not a source of power nor a limitation on power.

(ii) Kesavananda Bharati v. State of Kerala (1973 AIR SC 1461) #

Facts: The validity of the 24th, 25th, and 29th Constitutional Amendments was challenged as violating the “basic structure” of the Constitution.
Issue: Whether Parliament’s power to amend the Constitution under Article 368 is unlimited.
Rule: The Court held that while Parliament can amend any part of the Constitution, it cannot alter its basic structure.
Application: The Preamble was held to form a part of the Constitution and its ideals (Justice, Liberty, Equality, Fraternity) are part of the basic structure.
Conclusion: Preamble is integral and enforceable for interpretative purposes; it reflects the basic structure doctrine.

Held: The Preamble is part of the Constitution and reflects its basic structure.

(iii) Union of India v. LIC of India (1995 AIR SC 1811) #

Facts: Question arose regarding state policy and interpretation of “socialist” principles in governance.
Issue: What is the significance of the word “socialist” in the Preamble?
Rule: The Court interpreted socialism as democratic socialism, balancing individual freedom with social justice.
Application: The Court relied on the Preamble to interpret the Constitution’s social objectives.
Conclusion: The Preamble serves as a guide to constitutional interpretation, ensuring harmony between fundamental rights and directive principles.

4. Significance of the Preamble #

---

5. Amendments to the Preamble #

• The 42nd Constitutional Amendment Act, 1976 (during the Emergency) added three new words:

  • Socialist

  • Secular

  • Integrity (in the last line)

• These additions reinforced the ideals already implicit in the Constitution rather than altering its character.

6. Conclusion #

The Preamble stands as the philosophical soul of the Indian Constitution. It embodies the vision, purpose, and ideals of the framers. Judicial pronouncements—from Berubari to Kesavananda Bharati—affirm that while it does not create enforceable rights, it is an essential part of the Constitution, guiding the interpretation of its provisions and safeguarding its basic structure.

“The Preamble is the identity card of the Constitution.” — Justice K. Subba Rao