Preamble to the Constitution of India – Preamble of India

Reading or hearing the Constitution of India has always triggered a sense of patriotism in the hearts of all of us.

The preamble has always been referred to, before any of the major events, be it School’s Republic Day Functions, or protests on any of the Government’s amendments that are not well received by the public of the country.

In this DataFlair UPSC Tutorial Series, we will learn about Preamble of India.

What is Preamble of India?

The preamble is a prologue of the Constitution of India. It sets out guidelines for the people of the country and presents the basic principles of the constitution. B.R Ambedkar’s explanation of the preamble quotes that :

‘ It was, indeed, a way of life, which recognizes liberty, equality, and fraternity as the principles of life and which cannot be divorced from each other: Liberty cannot be divorced from equality; equality cannot be divorced from liberty.

Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty and equality could not become a natural course of things.’

History of Indian Preamble

Back in the year 1960, The Supreme Court in Bureau Union did not consider the preamble to be a part of the Constitution. But, it believed that preamble can be referred to as a guideline, whenever, they are skeptical about any term mentioned in the constitution.

However, During the Kesavananda Bharati Case,1973, the Supreme court of India, overturned it’s the decision and quoted that the Preamble is a part of the constitution of India and can also be amended under Article 368 of the constitution.

The Preamble to the Indian Constitution states –

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.

Key terminologies in Preamble of Indian Constitution

To understand the preamble, it becomes of utmost importance to interpret and understand its key terms, accurately.

1. Sovereign

The preamble affirms that India is a sovereign state. Sovereign, here means that India has the ultimate power over its decisions and is not bound by any other external force or pressure.

Not just externally, but the Indian state is also internally sovereign, which means that it has a free government that is elected for and by the people of the country.

2. Socialist

This term was added by the 42nd amendment in 1947. Socialist, here means democratic socialist, which means that socialism should be achieved in democratic ways. It means that wealth and its benefits shall be distributed in the society, equally and not remain in the hands of a few.

3. Secular

Considering India to be home to the people of varied religions and faiths, this was added to the constitution by the 42nd amendment in 1947.

It says that there is no discrimination in the state, based on the religion of a person and that they have complete rights to practice their faiths. Moreover, it means that the country has no state religion in particular.

4. Democratic

Being a democratic nation, Indians have the right to choose their own Government. But the word ‘Democratic’ here not only refers to political democracy but also economical.

5. Republic

In a republic form of Government, the head of the state is not chosen on hereditary bases as in a monarchy but is elected, directly or indirectly, and has a fixed tenure. Any citizen of India, who is 35 years or above is eligible to stand for the position of the President of the country.

Other than these, it talks about some of the objectives of the Indian state which includes –

a) Social, economical and political justice.
b) Equality of status and opportunities to the citizens of the country.
c) Liberty of expression, thought, belief, faith, and worship.
d) Fraternity or Brotherhood which is to ensure the unity and integrity of the nation.

42nd Amendment Under the Swaran Singh Committee

The year 1976 holds significance for many political movements and one of them is the formation of the Swaran Singh Committee for the amendment of the Preamble.

The committee was formed on 18th December by the Indira Gandhi Government wherein, Swaran Singh was assigned as the Chairman. The committee believed that the concepts of Socialism and Secularism shall be mentioned in the Preamble.

Discerning this, words, ‘Socialist’ and ‘Secularist’ were added and the phrase ‘Unity of Nation’ was edited to ‘Unity and Integrity of the Nation’. It must be noted that the Preamble to the Constitution of India has also been amended once, and that was by the Swaran Singh Committee, back in 1976.

Preambles of Constitutions Across the Globe

To be both critical and appreciative of the Preamble of our country, it is vital to have a look at the preambles of the constitutions of various other countries, developed, and developing.

1. FRANCE (1958)

The preamble of France states,

The French people hereby solemnly proclaim their dedication to the Rights of Man and the principle of national sovereignty as defined by the Declaration of 1789, reaffirmed and complemented by the Preamble to the 1946 Constitution.

By virtue of these principles and that of the free determination of peoples, the Republic offers to the Overseas Territories expressly desiring this to adhere to the new institutions based on the common ideal of liberty, equality, and fraternity and conceived with a view to their democratic evolution.

2. UNITED STATES (1787)

The preamble United states state,

“We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

3. JAPAN (1947)

The preamble of Japan states that,

“We, the Japanese people, acting through our duly elected representatives in the National Diet, determined that we shall secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty throughout this land, and resolved that never again shall we be visited with the horrors of war through the action of government, do proclaim that sovereign power resides with the people and do firmly establish this Constitution.

Government is a sacred trust of the people, the authority for which is derived from the people, the powers of which are exercised by the representatives of the people, and the benefits of which are enjoyed by the people.

This is a universal principle of mankind upon which this Constitution is founded. We reject and revoke all constitutions, laws, ordinances, and rescripts in conflict herewith.

We, the Japanese people, desire peace for all time and are deeply conscious of the high ideals controlling human relationship, and we have determined to preserve our security and existence, trusting in the justice and faith of the peace-loving peoples of the world.

We desire to occupy an honored place in an international society striving for the preservation of peace, and the banishment of tyranny and slavery, oppression and intolerance for all time from the earth. We recognize that all peoples of the world have the right to live in peace, free from fear and want.

We believe that no nation is responsible to itself alone, but that laws of political morality are universal, and that obedience to such laws is incumbent upon all nations who would sustain their own sovereignty and justify their sovereign relationship with other nations.

We, the Japanese people, pledge our national honor to accomplish these high ideals and purposes with all our resources.”

4. IRELAND (1937)

The preamble of Ireland states,

“In the Name of the Most Holy Trinity, from Whom is all authority and to Whom, as our final end, all actions both of men and States must be referred,
We, the people of Éire,
Humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, Who sustained our fathers through centuries of trial,
Gratefully remembering their heroic and unremitting struggle to regain the rightful independence of our Nation,
And seeking to promote the common good, with due observance of Prudence, Justice, and Charity, so that the dignity and freedom of the individual may be assured, true social order attained, the unity of our country restored, and concord established with other nations,
Do hereby adopt, enact, and give to ourselves this Constitution.”

5. GERMANY (1949)

The preamble of Germany states,

“Conscious of their responsibility before God and man,
Inspired by the determination to promote world peace as an equal partner in a united Europe, the German people, in the exercise of their constituent power, have adopted this Basic Law.

Germans in the Länder of Baden-Württemberg, Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Lower Saxony, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Rhineland-Palatinate, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein and Thuringia have achieved the unity and freedom of Germany in free self-determination.

This Basic Law thus applies to the entire German people.”

6. SPAIN (1978)

The preamble of Spain states,

“The Spanish Nation, desiring to establish justice, liberty, and security, and to promote the wellbeing of all its members, in the exercise of its sovereignty, proclaims its will to:
Guarantee democratic coexistence within the Constitution and the laws, in accordance with a fair economic and social order.

Consolidate the State of Law which ensures the rule of law as the expression of the popular will.
Protect all Spaniards and peoples of Spain in the exercise of human rights, of their culture and traditions, languages, and institutions.

Promote the progress of culture and of the economy to ensure a dignified quality of life for all.
Establish an advanced democratic society, and Cooperate in the strengthening of peaceful relations and effective cooperation among all the peoples of the earth.

Therefore, the Cortes pass and the Spanish people ratify the following.”

Conclusion

Finally we have seen Preamble of India. It must be noted that the Preambles of the respective countries are based on their demography, geography, the structure of the government, History of Struggle, and all other factors that make a particular preamble what it is today.

The preamble holds a great significance in the constitution of any country as it provides a prologue and also exhibits the nature of the State.