Omar Bennett
The Preamble to the Constitution of India outlines the ideals that guide Indian democracy. It is an introductory statement that explains the philosophy and objectives of the document. The Preamble, which has 73 words, presents the intentions of its framers, the history behind its creation, and the core values and principles of the nation. The Preamble is not directly enforceable in a court of law, but it plays a crucial role in interpreting the Constitution. It was designed by painter Beohar Rammanohar Sinha and the calligraphy was done by Prem Behari Narain Raizada. The Preamble has been amended once, in 1976, when the 42nd Amendment Act added the terms 'Socialist', 'Secular', and 'Integrity' to reflect the country's commitment to social and economic justice, freedom, and unity.
| Characteristics | Values |
|---|---|
| Date of adoption | 22nd January 1947 |
| Number of words | 73 |
| Keywords | Secular, Republic, Liberty, Equality, Fraternity, Socialist, Sovereign |
| Source of authority | The people of India |
| Status | Not enforceable in a court of law |
| Amenable | Can be amended under Article 368 of the Constitution, but the basic structure cannot be amended |
| Purpose | To present the intention of its framers, the history behind its creation, and the core values and principles of the nation |
| Design | Designed and decorated by painter Beohar Rammanohar Sinha of Jabalpur |
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What You'll Learn
The role of the preamble in the Constitution
The preamble to the Indian Constitution refers to the introduction or preface to the document. It contains the summary or essence of the Constitution, including the ideals and aspirations upon which the Indian state is founded. In a Constitution, the preamble presents the intention of its framers, the history behind its creation, and the core values and principles of the nation. It is neither enforceable nor justifiable in a court of law.
The preamble to the Indian Constitution begins with the words, "We, the people of India...", thus clearly indicating the source of all authority of the constitution. It emphasizes the sovereignty of the people and the fact that all powers of the government flow from the people. The preamble surmises that it is the people of India who are the authors of the constitution.
The preamble, in 73 words, outlines the ideals that must guide Indian democracy. Together with the Directive Principles of State Policy, it provides the context in which the country can achieve the fundamental rights guaranteed by the Constitution. The preamble also acts as an aid during the interpretation of Articles when language is found to be ambiguous.
The term 'secular' was added to the preamble by the 42nd Constitutional Amendment Act of 1976. The preamble secures to all citizens of India liberty of belief, faith, and worship, and the ideal of justice (social, economic, and political). The republic and the ideals of liberty, equality, and fraternity are borrowed from the French Constitution.
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The history of the preamble's creation
The creation of the preamble to the Indian Constitution was a significant milestone in the country's constitutional history. The Constituent Assembly, formed after India's independence from British colonial rule in 1947, was tasked with drafting a constitution that reflected the aspirations and values of its diverse population. The preamble, a concise and comprehensive introduction, outlines the philosophy, objectives, and fundamental values of the Constitution.
The journey towards the creation of the preamble began with the formation of the Constituent Assembly, which included representatives from various regions, communities, and political backgrounds. Dr Rajendra Prasad was elected as the President of the Assembly, while Dr B.R. Ambedkar chaired the Drafting Committee. One of the earliest steps in this process was the adoption of the Objectives Resolution, proposed by Jawaharlal Nehru on December 13, 1946. This resolution, adopted on January 22, 1947, defined the basic goal and purpose of the Indian Constitution, shaping its constitutional structure.
The Constituent Assembly debated the preamble on October 17, 1949, with discussions revolving around the name of the country, the inclusion of 'God', and the inclusion of Mahatma Gandhi's name. While the suggestion to rename India as the 'Union of Indian Socialistic Republics' was rejected, the Assembly was divided over the inclusion of 'God', with 41 voting in favour and 68 against it. Similarly, the proposal to include Gandhi's name was opposed due to the belief that the Constitution was not 'Gandhian' in nature.
The preamble, along with the rest of the Constitution, was adopted on November 26, 1949, and came into effect on January 26, 1950. It reads: "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."
The preamble has since been recognised as an integral part of the Indian Constitution, providing a guiding framework for governance and interpretation of the Constitution's provisions. It serves as a reminder of the ideals and values that underpin the nation's laws and policies.
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The significance of the words We, the people of India
The Preamble to the Constitution of India is an introductory statement that outlines the philosophy, objectives, intentions, history, core values, and principles of the nation. It is a concise and comprehensive introduction that presents the ideals that must guide Indian democracy. The Preamble is significant as it declares the source of authority for the Constitution, the nature of the Indian state, the objectives of the Constitution, and the date of its adoption.
The words "We, the people of India" are of utmost importance as they indicate the source of all authority of the Constitution. It emphasizes the sovereignty of the people and the fact that all powers of the government flow from them. It signifies that the Constitution has been adopted, enacted, and given to themselves by the people of India, reflecting their collective will and aspirations. This phrase affirms that the Constitution of India derives its legitimacy and authority from its citizens, signifying the power and responsibility vested in them to govern themselves and participate in the democratic process.
The inclusion of "We, the people" in the Preamble also emphasizes the concept of popular sovereignty, where the ultimate power rests with the citizens. It recognizes that the government's authority is derived from the consent of the governed, and it is the people who are the authors of the Constitution. This phrase ensures that the Constitution is not imposed by any external authority but is drafted and established by the citizens themselves.
Furthermore, "We, the people of India" underscores the unity and diversity of the nation. It represents the collective identity of all Indian citizens, regardless of their background, religion, or social status. By using the word "people," the Preamble acknowledges the importance of individual rights and freedoms while also emphasizing the collective responsibility of building a just and equitable society. It signifies that the Constitution is meant to serve and protect the interests of all Indians, promoting equality and unity among its diverse population.
The phrase "We, the people of India" also carries historical significance. It reflects the struggle for independence and the aspirations of a nation emerging from colonial rule. By including these words, the framers of the Constitution recognized the role of the people in shaping the country's future and their commitment to establishing a democratic and sovereign nation. This phrase, therefore, serves as a reminder of the country's past and the principles on which the Indian republic was founded.
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The preamble's legal status
The Preamble to the Indian Constitution is an introductory statement that outlines the philosophy, objectives, intentions, history, core values, and principles of the nation. It is not directly enforceable in a court of law, but it plays a crucial role in interpreting ambiguous areas of the constitution. The Preamble is considered an integral part of the Constitution and is recognised as part of its "'Basic Structure'".
The Preamble to the Indian Constitution has a unique legal status. While it is not the supreme power or a source of restriction, it provides direction and purpose to the Constitution. It emphasises the sovereignty of the people and declares that the Constitution is adopted, enacted, and given to themselves by the people of India. The Preamble also indicates the basic structure of the Constitution and can be used to interpret its statutes and provisions.
The Preamble has been the subject of several Supreme Court cases, including the Berubari case in 1960, where the Court held that the Preamble is not an integral part of the Constitution and is not enforceable in court. However, in the 1973 Kesavananda case, the same court overruled its earlier decision and recognised the Preamble as part of the "Basic Structure" of the Constitution. This ruling was reaffirmed in the 1995 case of Union Government vs LIC of India.
The Preamble to the Indian Constitution has been amended over time. The 42nd Constitutional Amendment Act of 1976 added the terms "'secular'" and "'integrity'" to the Preamble. The Preamble, as amended up to July 2024, declares India to be a "Sovereign Socialist Secular Democratic Republic". It reflects the ideals of liberty, equality, and fraternity borrowed from the French Constitution and the ideals of justice borrowed from the Soviet Union Constitution.
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The preamble's core values and principles
The preamble to the Indian Constitution is an introductory statement that presents the philosophy, objectives, and ideals of the document. It outlines the core values and principles that guide Indian democracy and provides context for the fundamental rights guaranteed by the Constitution. The preamble, in 73 words, emphasizes the sovereignty of the people of India and highlights that the Constitution is adopted, enacted, and given to themselves by the people. This indicates that the ultimate source of the Constitution's authority is the will of the people.
The preamble affirms India's status as a "Sovereign, Socialist, Secular, Democratic Republic", with the terms 'Socialist', 'Secular', and 'Integrity' added through the 42nd Amendment Act in 1976. The preamble also establishes the ideals of justice, liberty, equality, and fraternity, with the former three borrowed from the Soviet Union Constitution and the latter three from the French Constitution. The inclusion of these terms emphasizes the commitment to providing social, economic, and political justice, as well as securing liberty of thought, expression, belief, faith, and worship for all citizens.
The preamble also reflects India's democratic ethos and foundational principles, indicating the country's commitment to maintaining integrity, promoting unity, and achieving harmony in a diverse society. It serves as a guiding principle, reflecting the aspirations and collective will of the people, and shaping the interpretation of statutes and provisions of the Constitution.
The preamble, while not directly enforceable in a court of law, is recognized as an integral part of the Constitution, providing insight into the legislative intent and the basic structure of the Constitution. It plays a crucial role in interpreting ambiguous areas of the Constitution and is considered the "key to open the mind of the makers".
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Frequently asked questions
The Preamble is an introductory statement that outlines the philosophy, objectives, intentions, core values, and principles of the Indian Constitution. It is not a source of any restriction or prohibition but is an important tool for interpreting the Constitution.
The Preamble of the Indian Constitution begins with the words, "We, the people of India..." and goes on to declare India as a "Sovereign, Socialist, Secular, and Democratic Republic". It also emphasises the sovereignty of the people and the fact that the people are the source of the Constitution's authority.
The Preamble is significant because it provides context for achieving the fundamental rights guaranteed by the Constitution. It also guides the interpretation of the Constitution, especially in areas where there are differing interpretations.
Yes, the Preamble can be amended under Article 368 of the Constitution. However, the basic structure of the Preamble, which includes the ideals and principles it outlines, cannot be amended. The Preamble has only been amended once through the 42nd Amendment Act of 1976, which added the terms 'Socialist', 'Secular', and 'Integrity' to the Preamble.
