Preamble to the Constitution Indian

The word ‘preamble’ denotes the introductory section or prefatory statement of the Constitution, encapsulating its core principles and underlying philosophy. It conveys the fundamental spirit and essential objectives of the Constitution. The ideological foundation of the Preamble was articulated in Jawaharlal Nehru’s Objectives Resolution, which was formally adopted by the Constituent Assembly on January 22, 1947.

The Preamble of a codified Constitution articulates the primary intentions and crucial goals the Constitution aims to realize. Moreover, it serves as a significant interpretative tool in constitutional law, especially when textual provisions appear ambiguous or unclear. Hence, to attain a comprehensive understanding of the aspirations, intentions, and notable values enshrined in the Indian Constitution, it becomes essential to examine the language used in the Preamble.

Preamble

The Preamble to the Constitution of India 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.”

Essential Functions of the Preamble

The Preamble of the Indian Constitution fulfills two essential functions:

1. It identifies the originating authority from which the Constitution derives its legitimacy and sovereign power;
2. It outlines the fundamental objectives that the Constitution endeavors to establish and vigorously promote.

Key Words in the Preamble

Sovereign

The concept of sovereignty denotes the independent authority possessed by a State. It signifies that the State exercises absolute legislative power over all subjects within its jurisdiction and remains free from any external control or subordination.

Accordingly, the usage of the term Sovereign in India’s Preamble indicates that the nation is neither subordinate to nor governed by any foreign entity. India functions as a fully autonomous state, possessing the liberty to manage its own internal and external affairs without interference.

India’s formal announcement in 1949 to retain its complete membership within the Commonwealth of Nations in no way compromises its sovereign status. This decision exists outside the constitutional framework and holds no legal force; rather, it reflects a voluntary affirmation denoting free association devoid of any binding commitment. This alliance represents a respectable partnership among independent nations.

The acknowledgment of the British Crown is strictly symbolic, conferring no legal authority over Indian citizens and implying no political allegiance. As articulated by Pandit Jawaharlal Nehru:

“It is an agreement by free will, to be terminated by free will.”

Sovereignty and Globalization

India has consistently demonstrated its role as a steadfast advocate of international institutions. It holds the distinction of being a founding member of the United Nations and has taken an active part in the development and progressive codification of international law.

It must be acknowledged that sovereignty, in its strictest sense, is often regarded as a legal construct. In practical terms, it is frequently negotiated or limited by external realities.

The perception that globalization undermines sovereignty necessitates a critical re-examination. Rather than constituting a reduction of sovereign authority, globalization signifies an evolution in the exercise of sovereignty. It calls for a more responsible, strategic, and accountable application of sovereign powers in response to complex global interdependencies.

The Government of India continues to uphold its strategic autonomy on the global stage and remains diligent in safeguarding the fundamental interests of the Indian populace. A notable instance is the recent discourse within the World Trade Organization (WTO) concerning food subsidy policies, which exemplifies India’s proactive commitment to defending its domestic priorities.

Socialist

Even prior to the inclusion of the term through the 42nd Amendment Act of 1976, the Indian Constitution inherently possessed a socialist dimension reflected in certain Directive Principles of State Policy, notably Articles 39(b) and 39(c). However, the notion of socialism adopted by the Constitution of India diverges from the conventional model of State socialism, which advocates for complete nationalization of production and the elimination of private property.

Instead, the Indian model promotes democratic socialism, drawing influence from Fabian principles. It envisions a gradual and peaceful societal transformation carried out in cooperation with the State, rather than in opposition to it.

Although the term ‘Socialism’ may appear ambiguous, the Supreme Court of India has clarified that its primary objective is the eradication of inequality in income, social status, and living standards. It aims to ensure a decent quality of life for all working-class citizens.

Thus, the Indian Constitution does not advocate for the complete abolition of private ownership. Rather, it seeks to regulate private property so that it serves the larger interest of the nation, particularly the upliftment of the economically disadvantaged. Rather than endorsing a system of full nationalization, it supports a mixed economy framework in which both the public and private sectors advance in parallel.

Nonetheless, certain scholars and analysts contend that the Indian State has been gradually diverging from its socialist trajectory. The following points are frequently cited in support of this assertion:

• The adoption of a neo-liberal economic framework: The economic reforms of 1991, characterized by liberalization, privatization, and globalization, have been perceived as a significant departure from the socialist principles traditionally upheld by the Indian State.
• Since 1991, there has been a consistent shift away from socialism toward privatization. Government stakes in several public sector undertakings have been disinvested, transferring ownership to private entities. Furthermore, numerous sectors previously reserved for state control have been opened to private enterprise.
• The economic expansion that followed the post-reform era of the 1990s led to an intensification of regional and intra-regional inequalities. Moreover, this growth has often been labeled as jobless, as it failed to produce substantial employment opportunities.
• Despite progress in various sectors, the Indian State has not succeeded in eliminating large-scale poverty.

However, it is important to recognize that these transformations align with a global paradigm shift following the collapse of socialism in the USSR and Eastern Europe. Additionally, the constitutional requirement to provide compensation to private owners during state acquisition was eliminated through the 44th Amendment Act of 1978, which repealed Article 31.

Finally, the limitations of the neo-liberal economic model are becoming increasingly apparent, prompting a renewed emphasis on the ideal of inclusive growth within India’s policy framework.

Secular

The Constitution of India ensured a secular political framework through several constitutional provisions, even prior to the formal incorporation of the term in 1976. The unity and fraternity among the diverse population of India—comprising adherents of multiple faiths—has been reinforced by embedding the ideal of a ‘secular state’. Within the Indian context, a secular state signifies that the State offers equal protection to all religions and does not designate any single faith as the official religion. The word “secular” was officially introduced by the 42nd Amendment Act in 1976.

This principle stands as one of the notable achievements of Indian democracy, particularly when contrasted with neighboring nations such as Pakistan, Bangladesh, and Sri Lanka, which officially endorse specific religions as State faiths.

The fundamental reasons underlying the imperative of secularism in India include:

• The heterogeneous nature of Indian society, characterized by religious plurality.
• The ideological contrast with states like Pakistan, which have challenged the concept of India as a secular republic.
• The potential exposure to global narratives and international propaganda, particularly concerning terrorism and related issues.

Constitutional Provisions Regarding Secularism

• The Indian State is constitutionally mandated to have no official religion.
• All citizens are deemed equal before the law. Articles 14, 15, and 27 collectively affirm the secular character of the State. Notably, Article 15 issues a specific directive that prohibits the State from engaging in discriminatory practices based solely on religion, race, caste, sex, or place of birth. While affirmative action is permissible, it cannot be grounded exclusively in religion.
• The Fundamental Rights enshrined in Articles 25 to 28 confer upon every individual the freedom to profess, practice, and propagate religion, while mandating strict neutrality by the State and its institutions in matters of faith.
• Within this framework, religion remains subordinate to the authority of the State, rather than the State being subordinate to religious doctrines.
• This also implies that the State holds the legitimate authority to intervene in religious affairs when such interference serves the purpose of social reform.
• A distinctive element of Indian secularism, shaped by its historical context, is the special protection extended to religious minorities in safeguarding their cultural identities and traditional practices.

Democratic

The ‘democratic republic’ envisioned in the Preamble is democratic not only in the political dimension, but also in the social domain. It promotes both a democratic system of governance and a democratic society rooted in the ideals of justice, equality, and fraternity.

The structure of governance outlined by the Constitution is that of a representative democracy. The sovereign authority of the people is to be exercised through the Parliament at the Union level and the Legislatures at the State level, with both bodies elected via universal adult suffrage. The actual executive authority, which resides in the Council of Ministers, remains accountable to the Parliament.

Although the President of the Union is elected and each State is headed by a Governor appointed by the President, neither official is permitted to perform any political role independently of the Council of Ministers’ advice. The Council of Ministers is collectively accountable to the elected representatives in their respective Legislatures, except in matters where the Governor is expressly empowered by the Constitution to act on discretion or personal responsibility.

At its core, Parliamentary democracy embodies the following fundamental principles:

• Representation of the People
• Responsible Governance
• Accountability of the Council of Ministers to the Legislature

Republic

A democratic system of governance may be broadly divided into two forms—monarchy and republic. In a monarchical structure, the head of state—typically a king or queen—holds a hereditary position, as seen in nations such as Britain and Japan. Conversely, in a republic, the head of state is elected, either directly or indirectly, for a fixed term, as exemplified by the United States and India.

The Preamble clearly proclaims that the ultimate source of all constitutional authority resides with the people of India, and that there is no subordination to any external sovereign entity.

While Pakistan continued as a British Dominion until the year 1956, India relinquished its dominion status and proclaimed itself a ‘Republic’ upon the adoption of the Constitution in 1949.

In this republican framework, India’s President, the Head of State, is elected, and all public offices—including that of the President—are equally accessible to all citizens, thereby ensuring the principle of equality and reinforcing the democratic foundation of the Indian Republic.

Liberty

The concept of liberty signifies both the absence of constraints on individual actions and the provision of avenues for the full development of personal identity and individual potential.

The Constitution of India guarantees to all its citizens the liberty of thought, expression, belief, faith, and worship through the framework of Fundamental Rights, which are legally enforceable in a Court of Law.

Nonetheless, the Constitution also imposes reasonable limitations on such liberty to ensure that it does not undermine public order, morality, or the rights of others.

The guiding ideals of liberty, equality, and fraternity are historically rooted in the French Revolution, from which they were drawn and adapted into the Indian constitutional ethos.

Equality

The notion of equality denotes the elimination of special privileges for any specific segment of society, coupled with the assurance of fair opportunities for every individual, free from discrimination.

The Preamble guarantees to all citizens the equality of status and opportunity, encompassing three major facets—civic, political, and economic equality.

The following Fundamental Rights uphold civic equality:

• Equality before the Law (Article 14)
• Prohibition of discrimination based on religion, race, caste, sex, or place of birth (Article 15)
• Abolition of Untouchability (Article 17)
• Abolition of titles (Article 18)

Two constitutional provisions secure political equality:

• No person shall be excluded from electoral rolls on the basis of religion, race, caste, or sex (Article 325)
• Elections to the Lok Sabha and State Legislative Assemblies shall be conducted through universal adult suffrage (Article 326)

Provisions aimed at ensuring economic equality include:

• Directive Principles of State Policy (Article 39), which guarantee equal rights for men and women to adequate means of livelihood and equal pay for equal work
• Equality of opportunity in matters related to public employment (Article 16)

Fraternity

The term fraternity implies a profound sense of brotherhood among the citizens. The Constitution fosters this ideal through the provision of single citizenship, reinforcing a unified national identity. Furthermore, Article 51A under the Fundamental Duties explicitly states that every citizen must strive to promote harmony and the spirit of common brotherhood transcending barriers of religion, language, region, and sectional divisions.

According to the Preamble, the principle of fraternity guarantees two fundamental outcomes: the dignity of the individual and the integrity of the nation. The term ‘integrity’ was formally introduced into the Preamble through the 42nd Amendment Act of 1976.

As noted by K.M. Munshi, the phrase ‘dignity of the individual’ signifies that the Constitution not only facilitates material advancement and sustains a democratic order, but also upholds the idea that every person’s individual identity is inviolable and sacred.

The expression ‘unity and integrity of the nation’ encompasses both territorial cohesion and psychological solidarity. Article 1 of the Constitution defines India as a ‘Union of States’, affirming that the States have no right to secede, thereby emphasizing the indestructible character of the Indian Union. This provision targets the resolution of divisive forces such as communalism, regionalism, casteism, and secessionism, which impede national integration.

Trinity – Liberty, Equality, and Fraternity

According to Dr. B.R. Ambedkar, the principles of liberty, equality, and fraternity must not be interpreted as isolated elements. Instead, they form an inseparable trinity, essential to the essence of democracy. To detach one from the other would be to undermine the core purpose of democratic governance.

Liberty, in the absence of equality, would result in the domination of the privileged few, while equality without liberty would suppress individual initiative.

Likewise, without fraternity, neither liberty nor equality could evolve naturally in society—they would instead require external enforcement mechanisms to sustain them.

Together, these foundational principles contribute to the realization of social democracy, which is vital for the sustainability of political democracy. As Ambedkar emphasized, political democracy cannot endure unless it is rooted in social democracy.

Justice

The notion of justice encompasses the fair, ethical, and unbiased treatment of every individual. In its broadest interpretation, it implies granting individuals what they rightfully deserve, whether by merit or entitlement under moral and legal norms.

The concept of justice, as embedded in the Preamble, incorporates three distinct dimensions—social, economic, and political justice. These are reinforced through multiple provisions under the Fundamental Rights and Directive Principles of State Policy.

Social justice

Social justice signifies the equal treatment of all citizens, devoid of discrimination on the grounds of caste, color, race, religion, sex, or similar distinctions. It reflects not only the absence of privileges for any segment of society but also the active support for uplifting the historically disadvantaged groups, including Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), and women.

Economic justice

Economic justice involves the eradication of inequalities based on wealth, income, and ownership of property. It ensures that individuals are not subjected to discriminatory treatment due to their economic status, thereby aiming to establish equitable conditions for all.

Political justice

Political justice asserts that all citizens must possess equal political rights, including equal access to political offices and an equal voice in the functioning of the government.

The ideal of comprehensive justice—social, economic, and political—draws its inspiration from the Russian Revolution, which emphasized restructuring society on the basis of equality and fairness.