Preamble to the Constitution of India (Notes)

 1) Meaning of the Preamble -

Preamble an introduction or a preface, for example to a book, a written document, speech, etc. that explains its purpose similarly The 'Preamble' of the Constitution of India is a brief introductory statement that sets out the fundamental values, philosophy, and objectives on which the Constitution is based. It serves as a guiding light and reflects the vision of the framers of the Constitution.

Preamble begins with the words:
“We, the people of India...”
indicating that the Constitution derives its authority from the citizens of India.

The Preamble of the Indian Constitution is based on the 'Objectives Resolution', drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly.

2) Object and Purpose of the Preamble

(1)    Introduction to the Constitution

The Preamble acts as an introductory statement that declares the source of authority of the Constitution—the people of India.

(2)    Philosophical Framework

It reflects the philosophy, values, and vision on which the Constitution is based, such as democracy, socialism, secularism, and justice.

(3)    Goals and Objectives

It lists the objectives the Constitution seeks to achieve:

a)        Justice (social, economic, and political),

b)       Liberty (of thought, expression, belief, faith, and worship),

c)        Equality (of status and opportunity),

d)       Fraternity (assuring dignity and unity).

(4)    Guiding Light for Interpretation

It serves as a guiding light for courts when interpreting ambiguous provisions in the Constitution. It helps in understanding the spirit of the law.

3) Scope of the Preamble:

The scope of the Preamble is broad and encompasses:

1. The political philosophy of the nation.
2. The aspirations and expectations of the people.
3. A summary of the Constitution and its core principles.
4. It is non-justiciable, meaning its ideals cannot be enforced directly in a court of law.
5. it is considered a key to the minds of the framers and plays a critical role in constitutional interpretation.
6. The Preamble, though not a source of power, plays a significant moral and philosophical role in governance and lawmaking.

4) Contents of the Preamble –

Considering the Preamble, there are four essential ingredients:

(1)    Source of Authority

"We, the people of India..."

Declares that the people of India are the ultimate source of authority of the Constitution, highlighting the democratic nature of the government.

(2)    Nature of the Indian State

The Preamble declares India to be a:

(a)     Sovereign – India is free to make its own laws without external interference.

(b)    Socialist – Emphasizes economic and social equality, aiming to reduce income inequalities.

(c)     Secular – The State has no official religion and treats all religions with equal respect.

(d)    Democratic – India follows a system of government by the people, for the people, and of the people.

(e)     Republic – The head of the state is an elected person and not a hereditary monarch.

(3)    Objectives of the Constitution

The Preamble outlines the following objectives to be secured for all citizens:

(a)     Justice – Social, Economic, and Political.

(b)    Liberty – Of thought, expression, belief, faith, and worship.

(c)     Equality – Of status and opportunity.

(d)    Fraternity – Assuring the dignity of the individual and the unity and integrity of the nation.

(4)    Date of Adoption

"Adopted, enacted and given to ourselves this Constitution on 26th November, 1949." This marks the formal adoption of the Constitution, though it came into force on 26th January 1950.

5) Utility/Importance of The Preamble in interpretation of the Constitution                                                                       

The Preamble of the Indian Constitution plays a significant role in understanding and interpreting the provisions of the Constitution. Although it is not a source of power or limitations, it serves as a guiding light that reflects the intent, vision, and philosophy of the Constitution makers. It helps the courts and legal scholars interpret the provisions of the Constitution in alignment with its underlying values and goals.

1. Ways in which the Preamble is useful in the interpretation of the Constitution:

(1)    Preamble as the Key to the Constitution

The Preamble acts as a key to unlock the true spirit and intent of the Constitution. It expresses the aspirations of the people, the nature of the Indian state, and the foundational principles of governance like justice, liberty, equality, and fraternity. When there is ambiguity in any constitutional provision, courts often look to the Preamble for clarity and guidance.

(2)    Role in Determining Legislative Intent

The Preamble assists in determining the intention of the framers of the Constitution. While interpreting laws passed by Parliament, courts may refer to the Preamble to understand the spirit and purpose of the law. For instance, if a statute is capable of more than one interpretation, the interpretation which aligns with the principles of the Preamble will be preferred.

(3)    Guide to Constitutional Amendments

The Preamble plays a key role in evaluating the validity of constitutional amendments. In the Kesavananda Bharati case, the Supreme Court held that Parliament cannot amend the Constitution in a way that destroys its "basic structure", many elements of which are reflected in the Preamble. Thus, the Preamble serves as a benchmark to judge whether an amendment violates the core values of the Constitution.

(4)    Reflection of the Basic Structure Doctrine

The basic structure doctrine, developed by the Supreme Court, stems largely from the ideals expressed in the Preamble. Concepts such as sovereignty, secularism, democracy, justice, liberty, and equality are seen as integral parts of the basic structure and are protected from being altered or destroyed. In this way, the Preamble plays a central role in preserving the essence of the Constitution.

(5)    Constitutional Morality and Judicial Activism

The Preamble also serves as a moral compass in the judiciary’s interpretation of the Constitution. In recent years, courts have increasingly invoked the Preamble while engaging in judicial activism and delivering decisions that advance constitutional values. For instance, in cases related to freedom of speech, privacy, LGBTQ rights, and secularism, the Supreme Court has referred to the Preamble to support progressive interpretations.

(6)    Harmonious Interpretation of Fundamental Rights and Directive Principles

The Preamble helps courts reconcile conflicts between Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV). When there is a tension between individual rights and state policies for social welfare, the courts refer to the Preamble to maintain a balance, ensuring that both sets of provisions are given harmonious meaning.

2. Case Study –

(1)    Berubari Union Case (1960)

In this case, the Supreme Court held that the Preamble is not a part of the Constitution and cannot be a source of any substantive power.

However, it stated that the Preamble can be used as a key to open the minds of the framers and understand the Constitution better.  The ruling on the Preamble not being a part of the Constitution was later overruled.

(2)    Kesavananda Bharati Case (1973):

This was a historic case heard by a 13-judge bench. The main question was whether Parliament could amend the Constitution, including the Preamble and The Court held that:

(a)     The Preamble is a part of the Constitution.

(b)    It does not give power or create any limits, but helps in interpreting laws and the Constitution.

(c)     It can be amended under Article 368, but only as long as the basic structure of the Constitution is not changed.

After this case, it was confirmed that the Preamble is an important and valid part of the Constitution.

(3)    Maneka Gandhi v. Union of India (1978)

The Court interpreted Article 21 (Right to Life and Personal Liberty) in a broader sense using the Preamble’s ideals of Liberty and Dignity.

It held that the right to life includes right to live with dignity, and procedure established by law must be fair, just and reasonable, not arbitrary.

6) Whether Preamble is part of the Constitution?

The Preamble is like the introduction or preface to the Constitution. It explains the ideals, values, and goals of the Constitution. Punit Thakur Das, a member of the Constituent Assembly, once called it “the soul of the Constitution” and “a key to the Constitution.”

For a long time, there was debate about whether the Preamble is actually a part of the Constitution. This issue was settled by the Supreme Court in two major cases — the Berubari Case and the Kesavananda Bharati Case.

(1)    The Berubari Case (1960):

This case came through a reference from the President about a border agreement with Pakistan. The Supreme Court had to decide if India could give away a part of its territory. While discussing this, the Court also said that:

(a)     The Preamble is important for understanding the intentions of the Constitution makers.

(b)    But it is not considered a part of the Constitution.

(c)     The Court referred to the American Constitution and said that like in the U.S., the Preamble in India does not give any powers.

(2)    Kesavananda Bharati Case (1973):

This was a historic case heard by a 13-judge bench. The main question was whether Parliament could amend the Constitution, including the Preamble and The Court held that:

(d)    The Preamble is a part of the Constitution.

(e)     It does not give power or create any limits, but helps in interpreting laws and the Constitution.

(f)      It can be amended under Article 368, but only as long as the basic structure of the Constitution is not changed.

After this case, it was confirmed that the Preamble is an important and valid part of the Constitution.

7) Amendment to the Preamble

During the Emergency period declared by then Prime Minister Indira Gandhi, the 42nd Constitutional Amendment of 1976 was passed. It is sometimes referred to as the “Mini Constitution” due to the extensive changes it made to several parts of the Constitution — including the Preamble.

Three words were inserted into the Preamble:

(1)    "Socialist" – to reflect the government's commitment to achieving a more equitable distribution of wealth and resources.

(2)    "Secular" – to assert the state's neutrality and impartiality toward all religions.

(3)    "Integrity" – to strengthen the emphasis on the unity of the nation, especially after secessionist movements.