Every constitution has a preamble with which it begins and which embodies its objectives or basic purposes. By preamble is means a preliminary or introductory statement in speech or writing.

The preamble like the long title is a part of statue and is an admissible aid to its construction. In the words of Dyer, C.J., the preamble is the “key to open the minds of the makers of the Act, and the mischief’s which they intended to redress.”

In order to appreciate the nature of the preamble of the Indian constitution, we must first of all look into the historic objectives resolution moved by Jawaharlal Nehru on December 13, 1946 and that was adopted by the constituent Assembly or January 22, 1947.

In fact, the constituent Assembly held its first meeting on December 9, 1946 and the first task of the assembly was the formulation of the objectives and the guiding principles which were to form the basis of the constitution.

ADVERTISEMENTS:

The “Drafting committee of the Assembly in formulating the preamble in the light of the “Objective Resolution” felt that the preamble, should be restricted to defining the essential features of the new state and its basic socio-political objectives and that the other matters dealt within the Resolution could be more appropriately provided for in the substantive parts of the constitution.

The committee adopted the expression ‘Sovereign Democratic Republic’ in place of ‘Sovereign Independence Republic’ as in the objectives Resolution, for it thought that independence was implied in the clause about faternity which did not occur the objectives Resolution. In other respects the committee to embody in the preamble “the spirit and, as far as possible language of the objectives Resolution”. The preamble of constitution of India 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 opportunity, and to promote among them all.

FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation;

ADVERTISEMENTS:

IN OUR CONSTITUENT ASSEMBLY this twenty sixth day of November, 1949, do Hereby,

ADOPT, ENACT AND GIVE TO OURSELVES CONSTITUTION.”

The draft of the preamble was considered by the Assembly last after considering other provisions of the Draft constitution “to see that it was in conformity with the constitution”. A number of amendments were moved and rejected.

A motion was, therefore, adopted by the Assembly that “the preamble stands parts constitution”. The words and figure “this twenty-sixth day of November 1949′ introduced in the last paragraph indicate the date on which the constitution was finally adopted by the Assembly.

ADVERTISEMENTS:

Amendment of the preamble – By section 2 constitution 42 Amendment Act, 1976, two amendment made in preamble first, for the words “Sovereign Democratic Republic”. The words “Sovereign Socialist Secular Democratic Republic” were substituted and secondly, For the words of the Nation the words ‘Unity and Integrity of the Nation were substituted.

Essential Ingredients of the preamble – Reading the preamble, one can see the purposes, that it serves’, the declaration of (i) The source of the constitution, (ii) Government, (iii) Objectives of the political system, and date of its adoption and enactment.

(1) The source of the constitution:

The opening and closing words of the people, “we, the people of India, adopt, enact and give to ourselves this constitution” convey that the constitution emanated from the people and the sovereignty-under the constitution vested in the people. Most of the modern constitutions emphasise the same principle.

ADVERTISEMENTS:

Since the constituent Assembly enacted and adopted the constitution in the name of the people of India, the question has been asked whether the Assembly was really representative of the people of India.

The circumstances under which the constituent Assembly came into being will show that it was impracticable to constitute such a body in 1946 with adult Suffrage as its basis. No part of the country had the experience of adult suffrage.

To prepare on electoral roll on the basis of adult suffrage for the country and to hold elections on that basis would have certainly taken a number of years. It was rightly thought unwise to postpone the task of constitution making until such an election was held. At the same time the necessity for having a new constitution made by Indians to suit the conditions and circumstances in the country was keenly felt.

(2) Type of Government:

ADVERTISEMENTS:

The polity assured to the people of India by the constitution is described in the preamble as a sovereign, socialist, secular, Democratic Republic.

The expression ‘Sovereign’ signifies that the Republic is externally sovereign. It had already ceased to be dependency of the British Empire by the passing of the Indian Independence Act, 1947. From the 15th of August, 1947, to the 26th January, 1950, her political status was that of a Dominion in the British common wealth of Nations.

But with the inauguration of the present constitution, India became a Sovereign Republic like the United States of America or the Swiss Republic. However, India is still a member of the common wealth of Nations.

The fact that India is a sovereign state does not, however, mean that it cannot code a part of its territory it favour of a foreign state. It is an essential attribute of sovereignty that a sovereign state can acquire foreign territory and can in case of necessity code a part of its territory in favour of a foreign state.

ADVERTISEMENTS:

It cannot be assumed that the preamble which declares India to be ‘Sovereign’ makes a serious in road on one of the essential attributes of sovereignty itself National territory, therefore, can be coded by amending the constitution.

Legal sovereignty, therefore, is vested in the people of India. The political sovereignty is distributed between the union and the states with greater weightage in favour of the State do not possess any absolute sovereignty. There dual relationship in India; and citizens are citizens of India and not of the various state in which they are domiciled.

The word ‘Socialist’ added by the 42nd Amendment is intended to bring out that ours is a socialist state which secure to its people, ‘Justice – Social, economic and political.’ Its inclusion in the preamble was objected on the ground that it is a vague expression and mean different things to different persons.

The word ‘secular’ has also been added by the 42nd constitution Amendment Act, 1976. It highlights that the state shall have no religion of its own and all persons shall be equally entitled to freedom of conscience and right freely to practise and propagate religion. The provisions of right to freedom of religion ensuring freedom of conscience and free profession, practice and propagation of religion, freedom to manager religious affairs and right to equality, clearly implied that India is a “secular Republic”.

The term ‘Democratic’ is comprehensive. In a narrow political sense it refers only to the form of Government, a representative and responsible system under which those who administrate affairs of the state are chosen by the electorate and accountable to them.

But in its broadest sense, it embraces, in addition political democracy also social and economic democracy. The terms ‘democratic’ is used in this sense in the preamble. The term ‘republic’ implies an elected head of the state. A democratic state may have on elected or a hereditary head.

Under a republican form, the head of the state, single or collective is always elected for a prescribed period. By deciding to become a republic, India has chosen the system of electing of its citizens as its President the head of the state at regular intervals.

(3) Objectives of the political systems:

The preamble proceeds further to define the objectives of the Indian politics system. These objectives are four in number justice. Liberty, equality and fraternity.

Justice implies a harmonious reconcilement of individual conduct with the general welfare of society. The essence is justice the attainment of the common good. It embraces, as the preamble proclaims, the entire social, economic and political spares human activity.

The term ‘liberty’ is used in the preamble not merely in a negative but also in a positive sense. It signifies hot only the absence of any arbitrary restraint on the freedom of individual action but also the creation of conditions which provide the essential ingredients necessary for the fullest development of the personality of the individual.

Liberty is a share without equality. In fact, liberty and Equality are complementary. Equality does not mean that all human beings are equal mentally and physically. It signifies equality of status, the status of free individuals and equality of opportunity.

Finally, the preamble emphasizes the objective of fraternity in order to ensure both the dignity of the individual and the unity of the nation. By fraternity is understood a spirit of brotherhood, the promotion of which is absolutely essential in our country which is composed of people of many races and religions Dignity as a word of moral and spiritual import and imposes a moral obligation, on the part of the union to respect personality of the citizen and to create conditions of work which will ensure self- respect.

The incorporation of the phrase ‘dignity of the individual’ is an express rejection of the Hegelian theory on which modern totalitarianism is based. The unity of the nation stands on the basis of the dignity of the individual.

The use of words ‘unity and Integrity’ has been made to prevent tendencies of regionalism, provisionalism, linguism, communalism and secessionist and separatist activities more and more so that the dream of national integration on the lines of enlightened seciflarism is achieved.

(4) Date of Adoption and Enactment:

The last part of the Preamble mentions the date, that is twenty-sixth day of November, 1949 on which the constituent Assembly adopted, enacted and gave this constitution to the nation.

The preamble came into force only on January 26, 1950. In this, connection it maybe noticed that a proposal was made in the constituent Assembly by Santharam that preamble should come in to force on November 26, 1949, but the said proposal was rejected.

The preamble is like a ‘Jewel’ set in the constitution. The preamble is the most precious part of the constitution. It is a key to the constitution. It normally expresses the political, moral and religious values which the constitution is intended to promote.

It embodies the spirit of the constitution, the determination of the Indian people to unite themselves in a common adventure of building up a new and independent nation which Will ensure the triumph of justice, liberty, equality and fraternity. It outlined, the essentials of the constitution, which was to be formed by the constituent Assembly, and thus, laid down, what K M has called, “the horoscope of our sovereign Democratic Republic.”

The preamble is the quiet essence of the Indian it embodies the basic philosophy and throws light on its It is a combination of the philosophy of job revolutions, the Persian and the French.

The preamble is the unique part of the constitution sense that it represents the entire constitution in its written words and much more, that it is a vital part of the constitution not in the sense that it is unalterable or amendable on the ground that it contains the basic features of the constitution, but sense that it enables one to understand the constitution.