Preamble Of Indian Constitution: Guiding Principles, Evolution, Controversies & Modern Relevance

Preamble of Indian Constitution

The Preamble of Indian Constitution: Path to Nationhood, Values & Constitutional Essence

Preamble of constitution of India, is a preface or introduction that sets out the guiding purpose, principles and philosophy of the constitution.
The Preamble holds the grand and noble vision of the Constituent Assembly and reflects the dreams and aspirations of the Constitution’s founding fathers.
The Objectives Resolution, drafted and moved by Pandit Nehru on December 13, 1946, provided the foundation for the Preamble of the Indian Constitution.
The American Constitution was the first to start with a preamble.
The Preamble of Indian constitution explains the purposes and objectives of the constitution and provides a guideline to the constitution.
It includes the core philosophy and fundamental values—political, moral, and religious—that the constitution is built on.
Preamble is neither a source of power to the legislature nor a prohibition on powers of legislature.
Preamble is non-justiciable – non enforceable in courts of law.
M. Hidayatullah: Preamble of Indian constitution resembles the Declaration of Independence of the United States of America.

We the people of India

“We, the people of India”

Highlights that the constitution is created by and for the Indian people. It emphasizes the concept of “popular sovereignty” and entails all the power emanating from the people and the political system will be accountable and responsible to the people.

Do You Know?

Preamble was enacted by the Constituent Assembly after the rest of the Constitution was already enacted to ensure its conformity with the Constitution.

Also Read: BASIC STRUCTURE OF CONSTITUTION: ORIGIN, EVOLUTION, IMPORTANCE AND CRITICISM

The Preamble of Indian Constitution: Charting Global Values and Constitutional Significance

The Preamble of Indian constitution expresses type of polity, its objectives, it reflects cultural values of India, it adheres to global values which are fundamental in the governance of the nation.

Guide to Authorities: Though Preamble of Indian constitution is not justiciable, It is guiding light for Judiciary, Executive and Legislature. These bodies can take inspiration from values enshrined in the preamble in evaluating constitutional emergencies.
Represent Indian Values: Preamble of Indian constitution expresses Unity in Diversity character of India and also upheld India’s diversity (Like cultural, linguistic, religious, Caste, Sex etc) by specifying its objectives like Justice, equality, fraternity and Liberty.
Conformity with Constitution: Preamble of Indian constitution has been added after the entire constitution has been created in order to be in conformity with the constitution and its values. It set up tone of legal framework for the constitution
Represent Universal Character: The use of the words such as ‘Sovereign, Socialist, Secular, Democratic, Republic in the preamble of Indian constitution reflects the influence of international ideals and principle.
- The words like Liberty, equality and Fraternity in the preamble of the Indian constitution highlights India’s commitment to global values of human rights, social justice, and equality.
Recognises the Historical Struggle: It gives credit to the people of India and their contribution to unifying India.
- Constitution makers recognised this contribution and They gave credit to people of India as a source of authority for the creation of the constitution by use of the word ‘We, The People of India’.

Is the Preamble of the Indian Constitution the Heart and Soul of our Sovereign Democratic Republic?

‘The Preamble of Indian Constitution expresses what we had thought or dreamt so long’-Sir Alladi Krishnaswami Iyer
Preamble of Indian constitution: ‘horoscope of our sovereign democratic republic’ – K.M. Munshi
It is the soul of our Constitution, which lays down the pattern of our political society. It contains a solemn resolve, which nothing but a revolution can alter – M. Hidayatullah
The Preamble as the ‘key-note’ to the Constitution-Sir Ernest Barker
‘The Preamble is the most precious part of the Constitution. It is the soul of the Constitution. It is a key to the Constitution. It is a jewel set in the Constitution. It is a proper yardstick with which one can measure the worth of the Constitution’-Pandit Thakur Das Bhargava

Also Read: SCHEDULES OF INDIAN CONSTITUTION: 12 SCHEDULES NURTURING DEMOCRACY

Preamble’s Legal Journey: Evolution, Significance and Landmark Cases

The Supreme Court’s recent opinion on Preamble is that it is a part of the Constitution and is in consonance with the opinion of the founding fathers of the Constitution.

Berubari Union Case (1960)	Although preamble assists at interpretation of constitution and key to the minds of the makers of the Constitution, Supreme Court specifically opined that Preamble of Indian Constitution not a part of it
Kesavananda Bharati case (1973)	Recognised the extreme importance of Preamble and overruled its earlier decision (Berubari Case 1965) and asserted Preamble of Indian constitution is a part of it and may be amended subject to the basic structure doctrine. Basic Structure doctrine evolved.
LIC of India Case (1995)	The Supreme Court upheld the Preamble and reiterated that it is an integral part of the Constitution.

Preamble Controversy: Amendments, Debates, and Constitutional Evolution

There was controversy over the preamble whether it is part of the constitution or not, It was also discussed that the Preamble of Indian constitution cannot be amended as it is not a part of the Constitution.

Amendability of Preamble:

Whether the preamble of Indian constitution can be amended or not was dealt in Kesavananda Bharati Case (1973).
- The Supreme Court reversed its verdict in Berubari Union Case (1960) and held that Preamble of Indian constitution is an integral part of it
- It can be amended under Article 368.
- However, such an amendment should not destroy the ‘Basic Structure of the Constitution’.
So far, the Preamble Of Indian Constitution has been amended only once by the 42nd Constitutional Amendment Act (1976) added three new words– “Socialist”, “Secular” and “Integrity”.
Original preamble described the state as a “Sovereign Democratic Republic”. Now, it reads “Sovereign, Socialist, Secular, Democratic, Republic”.

NDA Government legislator KJ Alphons sought to introduce a Bill to amend the Preamble of Indian Constitution in 2021. This is a Private Member Bill, not a Government Bill.
The Constitution (Amendment) Bill, 2021 aims to replace the word “socialist” with “equitable” and make other changes.
Alphons argues that “socialist” has political connotations and historical baggage that many in India do not accept.
The Bill proposes changing the descriptions for equality and fraternity to include “happiness” and ensure a high “gross domestic happiness.”
It seeks to change “Equality of status and of opportunity” to “Equality of status and of opportunity to be born, to be fed, to be educated, to get a job, and to be treated with dignity.”
The Bill also wants to include “access to information technology” in the Preamble’s objectives.

Key Phrases For Mains

Distributive justice – Social, Economic, Political.
Concept of popular sovereignty”
Preamble as “Guiding light” for judicial interpretation
Democratic Socialism: A Unique blend of Gandhism and Marxism

Also Read: CONSTITUTION AND CONSTITUTIONALISM: PRINCIPLES, SAFEGUARDS, AND CHALLENGES IN GOVERNANCE

Previous Year Question (Prelims)

Q. What was the exact constitutional status of India on 26th January, 1950? [2021]

1. A democratic Republic
2. A Sovereign Democratic Republic
3. A Sovereign Secular Democratic Republic
4. A Sovereign Socialist Secular Democratic Republic

Q. The Preamble to the Constitution of India, is__________________________. [2020]

1. part of the Constitution but has no legal effect
2. not a part of the Constitution and has no legal effect either
3. a part of the Constitution and has the same legal effect as any other part
4. a part of the Constitution but has no legal effect independently of other parts

Q. In the context of polity, which one of the following would you accept as the most appropriate definition of liberty? [2019]

1. Protection against the tyranny of political rulers
2. Absence of restraint
3. Opportunity to do whatever one likes
4. Opportunity to develop oneself fully

Q. ‘Economic Justice’ as one of the objectives of the Indian Constitutional has been provided in____________ [2013]

1. the Preamble and the Fundamental Rights
2. the Preamble and the Directive Principles of State Policy
3. the Fundamental Rights and the Directive Rights and the Directive Principles of State Policy
4. None of the above

Q. Which one of the following objectives is not embodied in the Preamble to the Constitution of India? [2017]

1. Liberty of thought
2. Economic liberty
3. Liberty of expression
4. Liberty of belief

Q. The mind of the makers of the Constitution of India is reflected in which of the following? [2017]

1. The Preamble
2. The Fundamental Rights
3. The Directive Principles of State Policy
4. The Fundamental Duties

Q. Which one of the following reflects the most appropriate relationship between law and liberty? [2018]

1. If there are more laws, there is less liberty.
2. If there are no laws, there is no liberty.
3. If there is liberty, laws have to be made by the people.
4. If laws are changed too often, liberty is in danger.

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