Every Constitution and statute has a preamble. The preamble is a sort of introduction to the statute and is often very helpful in understanding the policy and legislative intent.

In Re-Berubari[2]

The Supreme Court held that the “Preamble is the key to open the minds of Constitution Makers. It shows the general purpose for which they made the several provisions of the Constitution”.

II] 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 nation[3], in our Constituent Assembly this twenty-sixth day of November 1949, do hereby, ADOPT, ENACT and GIVE TO OURSELVES THIS CONSTITUTION[4].

A] ‘We, the People of India[5]’:-

This sentence indicates the source or power from which the Constitution has derived. As stated, the source of the Indian Constitution is the people of India. It shows the social contract the people of India entered into among themselves. The last sentence in the preamble, “ADOPT, ENACT and GIVE TO OURSELVES THIS CONSTITUTION.” indicates that the source of the Constitution is the people of India, and they give it to the Constituent Assembly themselves (i.e. not imposed by external power on them).

B] ‘Sovereign, Socialist, Secular, Democratic, Republic’: –

The preamble of the Constitution declares the type of Government and nature of the State.[6]. The preamble declares India a Sovereign, Socialist, Secular, Democratic Republic. The word ‘Sovereign’ emphasises that India is fully independent and not controlled by any external power such as Britain etc. The term ‘Socialist’ and ‘Secular’ were inserted in the preamble of the Constitution (42^nd Amendment.[7] Act., 1976). The word ‘Socialist’ means some form of ownership, the ‘means’ of production and distribution by the State. The term ‘Secularism’ denotes that India has no religion of its own as recognized religion of the State (e.g. Nepal is a Hindu State, Pakistan is an Islamic State, etc.), but it treats all religions equally. The term ‘Democratic’ denotes a form of Government that secures power from ‘the will of the people through adult suffrage. The term ‘Republic’ refers to the elected head of the State as the Chief Executive Head.[8], like the President of the U.S.A. Though the President of India is not directly elected, he is elected by the people, to whom the people of India have directly elected (e.g. MP’s and MLAs).

C) Objectives Enshrined in the Preamble[9]:-

The following are the objectives that the preamble secures for every citizen.

1) Justice- Social, Economical, Political[10]:-

The expression ‘social justice’ requires the abolition of all sorts of inequalities, which may result from the inequalities of wealth, opportunity, status, race, religion, caste, title etc. The expression ‘economic justice’ means equal pay for equal work, irrespective of caste, sex or social status of the worker. The expression ‘political justice’ means the absence of any unreasonable or arbitrary distribution among men in political matters.

2) Liberty- of thought, Expression, Belief, Faith and Worship:-

The Constitution, in its various Articles, guarantees liberty of thought, expression, belief, faith, and worship. These liberties ensure the development of the individual and the nation.

3) Equality- of status and Opportunity:-

Art. 14 to 18 provides for equality. They abolish all discrimination by the State between citizens and citizens based on religion, race, caste, sex, or place of birth. They also provide for throwing open ‘public places’ to all citizens, abolishing untouchability and titles by securing equality of opportunity in matters relating to employment or appointment to office under the State.

4) Fraternity:-

The term ‘fraternity’ means “a spirit of brotherhood”, “a feeling that all people are children of the same soil, the motherland”. The Indian Constitution directly makes no provision that reflects ‘fraternity’ as an object. However, various other provisions, such as common citizenship, the freedom to move freely, reside, and settle in any part of India’s territory, generate the spirit of brotherhood.

III] Can the Preamble be amended under Art. 368?

The important question before the Supreme Court was whether the preamble was a part of the Constitution. Can it be amended as any other provision in the Constitution under Art. 368.

In Keshavananda Bharati V/s State of Kerala[11]

The Supreme Court held that the preamble is part of the Constitution, and Parliament, under Art. 368, can amend the preamble as any other provision of the Constitution; however, the basic structure (feature) of the Constitution should not be destroyed.

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[1] प्रस्तावना

[2] AIR 1960 SC 845

[3] Sub. by the Constitution (fourth second amendment) Act, 1976.

[4] आम्ही भारताचे लोक, भारत एक सार्वभौम, समाजवादी, धर्मनिरपेक्ष, लोकषाही, गणराज्य घडविण्याचा व त्याच्या सर्व नागरिकांस- सामाजिक, आर्थिक व राजनैतिक न्याय,

विचार, अभिव्यक्ती, विष्वास, श्रध्दा व उपासना यांचे स्वातंत्र्य,

दर्जाची व संधीची समानता, निष्चितपणे प्राप्त करुन देण्याचा, आणि

त्या सर्वांमध्ये व्यक्तीची प्रतिश्ठा व राश्ट्राची एकता आणि एकात्मता यांचे आष्वासन देणारी बंधुता वृध्दिंगत करण्याचा गांभीर्यपूर्वक निर्धार करुन, आमच्या संविधान सभेत आज दि. 26 नोव्हे., 1949 रोजी याव्दारे हे संविधान अंगीकृत आणि अधिनियमित करुन स्वतः प्रत अर्पण करीत आहोत.

[5] आम्ही भारतीय लोक

[6] राष्ट्राचे स्वरूप

[7] दुरूस्ती

[8] राष्ट्रपती/ मुख्य प्रsशासकीय प्रमुख

[9] प्रस्तावनेतील अंतर्भुत उदªदीस्ठे

[10] न्याय- सामाजीक, अर्थिक, राजकीय

[11] AIR. 1973 SC 1461.