Preamble to the Indian Constitution

The preamble to the Indian Constitution offers a method of living. Fraternity, autonomy, and equality are all included as aspects of a joyful existence that cannot be taken away from one another.

What is a Preamble?

• The preamble to the constitution of India is a declaration that introduces a document and describes its goals and ideology.
• A Constitution outlines the goals of its creators, the background of their work, and the fundamental ideals and beliefs of the country.
• The introduction essentially provides an overview of the following items/things:
  • Constitutional foundation.
  • India’s state of nature.
  • A statement of its goals.
  • The day it was adopted.

History of the Preamble to the Indian Constitution

• 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.
• The Preamble outlines the Constitution’s goals even though it is not legally binding and can be used to help understand unclear wording in the Articles.

Components of Preamble

• The Preamble makes it clear that the Indian people are the Constitution’s ultimate source of power.
• India is proclaimed to be an autonomous, socialist, secular, and democratic country in the preamble.
• The Preamble’s goals are to uphold the nation’s unity and purity by securing justice, liberty, equity, and fraternity for all residents.
• The preface states the date it was approved, which is November 26, 1949.

Keywords in the Preamble

Following are the keyword in the preamble to the Indian Constitution

• We, the people of India: It represents the total freedom of the Indian people. The term “sovereignty” refers to a state’s autonomous authority, 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 foreign force. The country’s government has the authority to enact laws, but only within certain bounds.
• Socialist: The phrase refers to achieving communist goals through political channels. It believes in a hybrid economy in which the public and private sectors coexist.
  • The Preamble was expanded by the 42nd Amendment of 1976.
• Secular: The phrase indicates that the government in India accords equitable regard, safety, and support to all major religions.
  • The Preamble was amended by the 42nd Constitutional Amendment of 1976 to include it.
• Democratic: The term suggests that the Indian Constitution has a well-established system of government that derives its legitimacy from the electorate.
• Republic: The name denotes a system in which the populace elects the ruler of the state. The chosen leader of the state in India is the President of India.

Objectives of the Indian Constitution

• The Constitution is the highest rule, and it aids in preserving morality in society and encouraging cooperation among citizens in order to create a wonderful country.
• The Indian Constitution’s primary goal is to foster unity across the country.
• The following elements contribute to accomplishing this goal:
• Justice: In order to uphold the pledge of the Indian Constitution’s Fundamental Rights and Directive Principles of State Policy, the order in society must be maintained. It is made up of three components: societal, economic, and governmental.
  • Social Justice – By social justice, we mean that the Constitution seeks to establish a community free from all forms of prejudice, including those based on caste, faith, gender, and religion.
  • Economic Justice: The absence of discrimination based on one’s money, salary, or economic standing is known as economic justice. All individuals must have equal chances to make a livelihood and receive equal compensation for work performed in all positions.
  • Political Justice: Political justice refers to the idea that everyone has an equitable, equal, and unrestricted right to engage in political chances.
• Equality: The concept of equality means that every member of society is afforded equitable chances and is free from all forms of prejudice. Before the law, everyone is equal.
• Liberty: The word “liberty” refers to the ability of individuals to select their way of living, political beliefs, and social behavior. While a person is allowed to do anything, they must do so within the bounds of the law.
• Fraternity: The word “fraternity” refers to a sense of kinship and an affective connection to the nation and all of its citizens. Fraternity aids in fostering national pride and harmony.

Importance of Objectives: 

It offers a method of living. Fraternity, autonomy, and equality are all included as aspects of a joyful existence that cannot be taken away from one another.

• Libertarians believe that equity and autonomy cannot be separated. Fraternity and independence cannot be separated from one another.
• Liberty without equity would result in the dominance of the few over the many.
• The individual initiative would be killed by equality without freedom.
• Liberty without brotherhood would result in the dominance of the few over the many.
• Liberty and equity could not develop into a normal order of events without the fraternity.

Status of Preamble to the Indian Constitution

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

Berubari Case

• This case concerned the execution of the Indo-Pakistan Agreement regarding the Berubari Union and the swapping of enclaves, which was approved for review by the panel of eight justices. It was used as a reference under Article 143(1) of the Constitution.
• The Preamble is the key to unlocking the minds of the creators, the Court said in the Berubari case, but it cannot be regarded as a component of the Constitution. As a result, it cannot be enforced in a court of law.

Kesavananda Bharati Case

• In this case, a bench of 13 judges was put together for the first time to consider a writ appeal. The Preamble of the Constitution will now be regarded as a component of the Constitution, the Court ruled.
• Although the Preamble is not the ultimate authority or the source of any limitation or ban, it is significant in how laws and Constitutional clauses are interpreted.
• Therefore, it can be said that the prologue is a component of the Constitution’s introduction.

The Preamble is an essential component of the Constitution but is not immediately actionable in an Indian court of law, the Supreme Court ruled in the 1995 case of Union Government vs. LIC of India.

Amendment of the Preamble to the Indian Constitution

• 42^nd Amendment Act, 1976: The preface was acknowledged as a component of the Constitution following the Kesavanand Bharati case verdict.
  • The preamble can be changed as a component of the Constitution under Article 368, but the preamble’s fundamental framework cannot be changed.
  • As of right now, the 42nd Amendment Act of 1976 is the only amendment to the preface.
• Through the 42nd Amendment Act of 1976, the words “Socialist,” “Secular,” and “Integrity” were introduced to the preface.
  • Between “Sovereign” and “Democratic,” the terms “Socialist” and “Secular” were added.
  • It was altered from “Unity of the Nation” to “Unity and Integrity of the Nation.”

Important Facts: Preamble to the Indian Constitution

• According to Article 394 of the Constitution, the remaining sections took effect on January 26, 1950, while Articles 5, 6, 7, 8, 9, 60, 324, 367, and 394 became operative on November 26, 1949, the day the Constitution was adopted.
• Our Preamble’s use of the words Liberty, Equality, and Fraternity was inspired by the French Revolution’s motto.