Preamble of Indian Constitution - Decrypted

The Constituent Assembly on November 26th, 1949 adopted some parts of the Constitution of India. The day is since celebrated as Constitution Day. The textual and significant parts of it begin with the Preamble of Indian Constitution. It starts with “We the People of India” and ends with people giving to ourselves this Constitution. What is laid in the Preamble to the Constitution of India reflects upon the very foundation of what comes next in the world’s lengthiest written Constitution. 

Therefore, it is a must for every Indian to understand what the Preamble lays. It is something we gave to ourselves as people of India……We have it, and we should embrace it with complete understanding. That is why we seek to break down the preamble to grasp one word at a time and get the essence of it. We will start with the raw and original text itself.

Preamble of Indian Constitution

The text of the preamble to the Constitution of India is as:  

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. 

Terms used in Preamble to the Constitution of India

Words used in the Preamble of Indian Constitution were debated by the Constituent Assembly, and the discussion never stopped. Addressing the essence of words used in the Preamble to the Constitution of India, the Supreme Court in Kesavananda Bharati case expressed that “Implied limitations cannot be spelt out of the vague emotive generalities of the Preamble: 'People', 'Sovereign', 'Democratic', 'Republic', 'Justice', 'Liberty', 'Equality' and '.,Fraternity' arc plastic words, and different people have impressed different meanings on them. Slavery had coexisted with democracy· and republic. Liberty and religious persecution have walked hand in hand. It was once believed that equality was not compromised by denying vote to the propertyless.” 

However, here is an attempt to decode some of the crucial terms used in the preamble for a better understanding of the document in focus. 

Sovereign

When the Constitution of India was in its making, all focus went to independence from British rule. India had to embrace and shine as a different identity ruled by its own people, and not a bunch of outsiders imposing their own foreign rules. Sovereignty in the Preamble of Indian Constitution reflects upon our independence and self-governance. India is a nation with supreme authority - internally and externally, free from foreign control, deriving its power from the people, to make its own laws and policies.  

Socialist

The term was absent in the original Preamble and was adopted through 42nd Amendment Act of Constitution of India. It signifies the State’s commitment to a welfare state. Socialist democracy is rooted in the idea that the state is not an instrument of exploitation of workers by the capitalists.  

Secular

In recent times, the most debated term in the Constitution Preamble is “secular”. It particularly deals with religious freedom, ensuring that India as a nation remains neutral and respects all faiths without discrimination. The term was not there in the original Preamble to the Constitution of India, and was introduced through 42nd amendment in 1976. It marks positive secularism, where the state equally supports and protects all religions to promote harmony among people. 

Democratic

While reading about political systems, a “Government of the people, by the people, for the people” is an inevitable phrase. This phrase is all about what democracy brings. In the Indian Constitution's Preamble, "Democratic" signifies a government deriving power from the people of India. The government is formed for the people, their needs, their betterment. The governing authorities are elected by the people through a fair electoral system. The term establishes India as a nation where people hold the ultimate power, exercise it through elected representatives, and embrace a system that upholds not just political freedom but social and economic justice. 

Republic

The term “republic” has a close connection with democratic features. India as a republic signifies that we are a self-governing nation, free from external control, with the head of state chosen for a fixed term, embodying popular sovereignty. This particularly targets the types of governance with a hereditary monarch.

Justice

The literal meaning of justice is all about just behaviour or fair treatment. When the Preamble to the Constitution of India mentions justice, the fairness pertains to social, economic and political fronts. Some people claim that the three dimensions of justice have been placed in the order of their significance for the people. 

Liberty

The term “liberty” is often used synonymously against freedom, independence, etc. The Preamble of Constitution confers freedom of thoughts and expression. It further strengthens people’s right to belief, faith and worship. The citizens of India have the liberty to think, and express, and streamline their thoughts based on their own religious beliefs. 

Equality

In a diverse country like India, or any other nation, equality among citizens is crucial for a sense of belonging among them. The Preamble to the Constitution talks about equality of status and opportunity. It means that no special privileges should be given to a particular group and everyone should get adequate chances. Equality here pertains to civic, political, economic fronts in order to eliminate discrimination based on birth, caste, religion, etc.

Fraternity

The literal meaning of fraternity pertains to friendship, brotherhood, common profession or interests. In the Preamble of Indian Constitution, the term “fraternity” reflects a deep sense of brotherhood, sisterhood, and unity among all citizens. It particularly seeks to promote individual dignity, unity and integrity of India as a nation.

Is Preamble Part of Indian Constitution?

The question has occurred and reoccurred several times, as to whether Preamble is part of the Constitution, or is it a separate law. The Supreme Court addressed the query in the following cases:

1. In Re: The Berubari Union (1960): The litigation sprouted from the Indo-Pakistan Agreement between the Prime Ministers of two countries. The major question disputed territorial changes and subsequently addressed the query whether the Preamble was part of the Indian Constitution. The Supreme Court held that the Preamble of Indian Constitution was not part of it. The Preamble was distinct from the Constitution.
2. Kesavananda Bharati v. State of Kerala: The Supreme Court dealt with various questions of law in this case. One such question pertained to the preamble to the Constitution of India. The Apex Court held that Preamble was an integral part of the Constitution. It could be amended like any other provision of the Constitution of India as per Article 368. However, the Court further clarified that Preamble was not a source of power, limitations, or prohibitions.