Almost all the constitutions of the world have a Preamble. The Preamble to a Constitution sets out the main objectives, which the legislation is intended to achieve. As the Supreme Court has observed, the Preamble is a key to unravel the minds of the makers of the Constitution. It serves as an introduction to the Constitution and shows the general purpose for which the Constituent Assembly made the several provisions in the Constitution. It also embodies the ideals and aspirations of the people of India. It provides the essence of the Constitution and in a - nut shall it reveals what the Constitution is all about.

The Preamble is not regarded as the source of any substantive governmental power and cannot place any limitations on the exercise of the powers of the organs of the Constitution, viz the Executive, Legislature and Judiciary. The Preamble cannot override the express provisions of the Constitution. It cannot be enforced in a court of law. It has limited application and can be resorted to only what there is an ambiguity in the provisions of the constitution. According to the Supreme Court, if the terms used in the provisions of the Constitution are ambiguous or capable of two or more meanings, some assistance can be taken from the Preamble. In such cases the interpretation, which fits the Preamble, may be preferred.

According to D.D. Basu, every Constitution has a philosophy of its own. Our Constitution has also a philosophy, which is found in the preamble to the Constitution. The philosophy of the Constitution is co-terminus with the ideals and aspirations of the freedom struggle of India, which are faithfully reflected in the Preamble. It was the historic “Objective Resolution” moved by Pandit Nehru and passed by the Constituent Assembly on the 22nd January 1947, that formed the basis for the philosophy of the Constitution and the Objective Resolution ultimately became the Preamble to the Constitution. The Objective Resolution also inspired the sharing of the Constitution through all its subsequent stages.

The purposes it serves

1.      According to the Preamble it is the people of India who had enacted; adopted and given the Constitution to themselves; Thus the Preamble indicates that the Constitution derives its powers from the people and the source of all authority under the Constitution emanates from the people of India. It also means that sovereignty ultimately resides with the people.

2.      The Preamble also declares the rights and freedom, which the people of India intended to secure to all citizens and the type of Government and polity to be established.

The Preamble proclaims India to be a Sovereign, Socialist, Secular, and Democratic Republic. Sovereign power is that which is absolute and uncontrolled. A State is sovereign where there resides within itself a supreme and absolute power acknowledging no superior. Thus the work sovereign emphasizes that India is independent and no more dependent upon any outside authority. By the word Socialism the Constitution means the achievement of socialistic and through democratic means. By proclaiming India as a SecularState, the Constitution means that India is not only natural in religious matters and treats all religions impartially but it also helps in the growth of all the religions. India is neither religious, nor irreligious nor anti-religious but is only non-religious. It is wholly detached from religious dogmas and activities and is neutral in religious matters. It has best been left to be a private matter of individuals. The aim of the Indian Constitution as a Secular Constitution is the realization of political, social economic, equality and justice for all, irrespective of caste, creed, race color, or other artificial barriers.

The Preamble declares India to be a Democratic Republic. It is a Republic because the head of the State is not a hereditary monarch. He is elected by the people for a fixed term of five years. The term Democratic indicates that the Constitution has established a form of Government which gets its authority from the will of the people expressed in an’ election. The rulers are elected by the people and are responsible to them. The democratic set up that is being followed in India is called representative democracy because the people choose their representatives who carry on the Government. The ideal of a democratic republic enshrined in the Preamble has been best secured by the Constitution by the adoption of universal adult suffrage by providing complete equality between the sexes not only before the law but also in the political sphere and providing a set of Fundamental Rights. The term democracy as used in the Preamble not only means political democracy, but also social and economic democracy.

The Preamble states that the objectives to be secured to every citizen are:

Constitution and preamble

Justice

To ensure political justice held cut by the Preamble the Constitution has adopted universal adult suffrage without assigning any qualification in the form of education, property, social status or tax-return, offering of equal opportunity to citizens irrespective of their caste, creed, race, sex or place of birth in matters of public employment and providing special rights to minority communities. The social and economic justices are sought to be provided by the Constitution as enshrined in the Preamble, mainly through the Directive Principles of State Policy and the fundamental Rights. According to Dr. B.R. Ambedkar, social justice means a way of life, which recognizes liberty, equality and fraternity, which are not to be treated as separate items in a trinity. Economic justice, broadly means, equitable distribution of wealth among citizens and avoidance of concentration of wealth in fewer hands. As observed by Pandit Nehru and Dr. Ambedkar, political justice is of no consequence, unless a democracy assures social and economic justices as well.

Liberty

Democracy cannot be established unless certain minimal rights, which are essential for a free and civilized existence, are assured to every member of the community. The Preamble mentions these essential individual rights as liberty of thought, expression, belief, faith and worship. These rights are guaranteed to the individuals by the Constitution by providing the six democratic freedoms (Art. 19) and Right to Freedom of Religion (Arts 25-28).

Equality

Guaranteeing of certain rights to each individual would be meaningless unless all inequality is banished from the social structure and each individual is assured of equality of status and opportunity for development of the best in him and the means for the enforcement of the rights guaranteed to him. This object is secured in the body of the Constitution, by making illegal all discriminations by the State between citizen and citizen, simply on the ground of religion, race, caste, sex or place of birth (Art. 15), by throwing open ‘public places’ to all citizens. (Art. 15(2); by abolishing untouchability (Art 17); by abolishing titles of honor (Art. 18); by offering equality of opportunity in matters relating to employment under the State (Art. 16); by guaranteeing equality before the law and equal protection of the laws, as justiciable rights (Art. 14).

Fraternity

Fraternity, as enshrined in the Preamble means the brotherhood prevailing amongst all the sections of the people. It is a feeling that all citizens feel that they are all children of the same soil. This is being sought to be achieved by enshrining the ideal of a secular State in the Constitution. The dignity of individual is secured through providing equal Fundamental Rights to each individual and Directive Principles, such as “all citizens, men and women equally have the right to an adequate means of livelihood. (Art. 39(a), “just and humane conditions of work (Art. 42) And “a decent standard of life and full enjoyment of leisure and social and cultural opportunities (Art. 43).

Amendability of the preamble

For sometime an opinion prevailed that the Preamble to the Constitution was not a part of the Constitution. On this basis it was argued that since it is not a part of the Constitution, the Parliament cannot amend the Preamble by virtue of its amending powers. However, the supreme Court in the Kesavananda Bharati case (1973) overruled, its earlier decision and held that the Preamble is a part of the Constitution and it is subject to the amending power of the Parliament as any other provisions of the Constitution, provided the basic structure of the Constitution as found in the Preamble is not destroyed. The Constitution (42 Amendment) Act 1976, in fact, amended the Preamble and added three new words viz., Socialist, Secular and Integrity to the Preamble. The concepts of socialism, secularism and integrity were already implicit in the Constitution and now the amendment merely spells out in explicit terms these concepts in the Preamble.

Views on Preamble

“Preamble is like a horoscope” - K.M. Munshi

• Horoscope in context of an individual.
• Horoscope is a document that tells about time of birth of a person, and nature, characteristic of person. It predicts the future of person.
• Preamble as horoscope of Constitution of India.
• Preamble serves the same purpose like that of horoscope. Preamble tells about.
• Time of adoption of Constitution of India.
• Indian Constitution on 26th November, 1949.
• Like horoscope the ideals of Preamble tell about nature of Polity. From this provision India emerges as a Secular, democratic Republic.
• Values of Liberal & Socialism guide Indian Political Systems. Horoscope tells about future of a person. In case of constitution, Preamble tells the direction towards which the future Political Systems of India should move.
• Indian Political systems should move in such a way so that the ideals found in preamble come into existence
• Hence, we can call Preamble as a horoscope of the Constitution.

 “Preamble is like a light-house” - Supreme Court of India

• The function of a lighthouse is to throw light on darkness. Similarly Preamble in Indian context is treated by Judicial as a Lighthouse.
• According to opinion of Supreme Court of India, expressed in Beru Bari case, 1960,. Preamble is a key to open minds of members of CA.
• Hence, whenever there is a lack of clarity with respect to provision of constitution, Preamble can be used to throw light on these provision.
• Hence Preamble aids in the interpretation of constitution & so treated as a Lighthouse.

 “Preamble is a keynote of Constitution” Ernest Barker

• “Social - Political Theory” - book
• The key note means the most important part also the brief summary.
• Barker praises Indian Preamble at the onset of his famous book —“The Principles of social-Political Theory”. According to him the Indian Preamble summarize his entire Political Philosophy in few words. Preamble is the most important aspect of Indian Constitution to understand essence of Indian Political systems. It outlines the ideals nature & Indian Polity.
• Hence if anybody wants to know the philosophical essence of Indian Polity systems, he should find it in Preamble.
• The ideals expressed in Preamble Helps Indian Judiciary in the aid & interpretation of Constitution of India.
• Preamble: Literally means ‘an introduction’.Preamble is the salient feature or main feature of the Constitution. This principle was held in case of Keshavananda Bharati v. State of Kerala (1973). Preamble of Indian Constitution declares India to be a sovereign, socialist, secular & democratic republic.

Key terms

Secular state: A State or Polity where all religions are accorded an equal treatment. In other words, a State that subscribes to a policy of having no official ties to any religion whatsoever.

Democratic: A Government of the people, by the people and for the people.

Republic: A State where head of the State is an elected representative rather than a hereditary monarch.

Sovereignty:  This is an authority which has no other authority above it. India possesses the sovereignty as Union of States but the individual states do not possess sovereignty.

Socialism: A political system or ideology providing for an equal distribution of sources and means of production among the populace so that it may sub-serves the cause of common good and the welfare of all. In other words, it refers to a political and economic theory that advocates a classless society in which means of production are either State-owned or owned by public bodies in the interest of the community as a whole. India subscribes to democratic socialism.

Social justice: Equality among the people irrespective of their caste, color, creed or religion.

Economic justice: Equality and freedom in matters of managing economic enterprises.

Political justice:Equality amongst all in matters of political rights for example, right to vote.

Liberty of thought:Freedom to express one’s views on any subject matter through speech or words of mouth.

Liberty of expression: Freedom to express one’s views in writing or through written words, signs or symbols of expression.

Fraternity: Simply refers to a spirit of brotherhood.