Introduction

The Preamble is the introductory part of the Constitution which sets out the ideals, objectives, and philosophy of the Constitution. It embodies the aspirations of the people of India and reflects the vision of the Constitution-makers. The framers accorded the Preamble a “place of pride” because it contains the fundamental values and principles upon which the Constitution is based.

The Preamble has been described as the “identity card” and the “soul” of the Constitution, as it reveals the purpose and spirit behind the constitutional provisions.

Text of the Preamble

The Preamble declares:

“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.”

Meaning of the Preamble

The Preamble explains:

1. Source of Authority

The words “We, the People of India” signify that the Constitution derives its authority from the people of India and not from any external authority.

2. Nature of the Indian State

The Preamble declares India to be:

  • Sovereign – India is internally and externally independent.
  • Socialist – The State aims to establish social and economic justice and reduce inequalities.
  • Secular – Equal respect and protection are accorded to all religions.
  • Democratic – Government is elected by the people through universal adult suffrage.
  • Republic – The Head of the State is elected and not hereditary.

3. Objectives of the Constitution

The Constitution seeks to secure:

(a) Justice

  • Social Justice
  • Economic Justice
  • Political Justice

(b) Liberty

  • Thought
  • Expression
  • Belief
  • Faith
  • Worship

(c) Equality

  • Equality of status
  • Equality of opportunity

(d) Fraternity

  • Dignity of the individual
  • Unity and integrity of the nation

Whether Preamble is a Part of the Constitution

1. Berubari Union Case (1960)

In Berubari Union v. Union of India, AIR 1960 SC 845, the Supreme Court held that:

  • The Preamble is not a part of the Constitution.
  • It is not a source of substantive power.
  • It cannot confer powers upon the Government.
  • It serves only as a key to understand the minds of the Constitution-makers and the objectives of the Constitution.

The Court observed:

“The Preamble is not a part of the Constitution and it has never been regarded as the source of any substantive power.”

2. Kesavananda Bharati v. State of Kerala (1973)

In Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, a thirteen-judge Bench overruled the Berubari view and held that:

  • The Preamble is a part of the Constitution.
  • It can be used as an aid in interpreting constitutional provisions.
  • Parliament can amend the Preamble under Article 368.
  • However, the basic features reflected in the Preamble cannot be destroyed.

Chief Justice Sikri observed:

“The Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble.”

This case gave birth to the Basic Structure Doctrine, under which the essential features of the Constitution cannot be altered even by constitutional amendment.

Importance of the Preamble

The Preamble serves several important functions:

1. Source of the Constitution

It indicates that the Constitution derives its authority from the people of India.

2. Enacting Clause

It contains the words “Adopt, Enact and Give to Ourselves this Constitution,” thereby bringing the Constitution into existence.

3. Key to Constitutional Interpretation

Whenever constitutional provisions are ambiguous, courts rely upon the Preamble to ascertain the intention of the Constitution-makers.

4. Reflects Constitutional Philosophy

It embodies the ideals of justice, liberty, equality, fraternity, secularism, socialism, democracy and republicanism.

5. Basis of the Basic Structure Doctrine

The Preamble contains the fundamental features of the Constitution which cannot be destroyed through constitutional amendments.

6. Guide to Legislature, Executive and Judiciary

All organs of the State must function in accordance with the values and objectives laid down in the Preamble.

Important Judicial Pronouncements

S.R. Bommai v. Union of India (1994)

In S.R. Bommai v. Union of India, AIR 1994 SC 1918, the Supreme Court held that:

  • The Preamble is an integral part of the Constitution.
  • Secularism, democracy, federalism, unity and integrity of the nation are basic features of the Constitution.

Justice K. Ramaswamy observed that socialism, secularism, social justice and judicial review are part of the constitutional framework reflected in the Preamble.

Consumer Education and Research Centre v. Union of India (1995)

In Consumer Education and Research Centre v. Union of India, AIR 1995 SC 922, the Supreme Court observed that:

  • Social justice is a constitutional goal flowing from the Preamble.
  • Justice, liberty, equality and fraternity are supreme constitutional values.
  • Human dignity and social democracy are essential features of the constitutional order.

The Court held that social justice is an integral part of justice and is necessary for the development of every citizen.

Amendment of the Preamble

The Preamble was amended by the 42nd Constitutional Amendment Act, 1976, which inserted the words:

  • “Socialist”
  • “Secular”
  • “Integrity”

The amended Preamble continues to reflect the core philosophy of the Constitution.

Conclusion

The Preamble is the soul, spirit and guiding light of the Constitution of India. It reveals the objectives, ideals and philosophy of the Constitution and serves as a key to its interpretation. Although it does not confer substantive powers, it plays a vital role in constitutional adjudication. After the decision in Kesavananda Bharati, the Preamble became an integral part of the Constitution and forms the foundation of the Basic Structure Doctrine. Therefore, it remains indispensable for understanding the nature, purpose and constitutional vision of the Indian Republic.