Notes by Asst.

Prof Ashwini Biradar

PREAMBLE
The constitution of any country begins with the preamble. The term ‘Preamble’ is a latin word, which
means “to go before”. It isa preface or a preliminary statement in writing. According to Collins, New
Gem Dictionary (1965, p.401), the term ‘Preamble’ means “the introduction to the statute”. It
contains the ideals and goals, which the legislature is intending to achieve. Preamble forms basis to
understand the various provisions, objectives and aspirations intending to be achieved. The Supreme
Court, in Berubari Case, (AIR 1960 SC 845) said that “Preambe is a key to open the minds of
constitution makers.”

It is to be noted that that preamble confers on the Constitution no power, but directs the aims and
objectives, which the Constitution envisages as stated below:

1. It (preamble) contains the enacting clause, which brings the constitution into force.
2. It declares the type of Government and polity, which is sought to be established in the
country.
3. It declares the rights and freedoms, which the people of India to have secure.

Sovereign, Socialist, Secular, Democratic Republic:

The preamble of the Constitution declares India to be a sovereign, socialist, secular,

democratic republic. The word ‘Sovereign’ emphasizes that India is fully independent and is no more
dependent upon any outside authority. The words “Socialist and Secular” were inserted in the
preamble by the Constitution (42nd Amendment) Act, 1976. The word ‘Socialism’ is used in
democratic and socialistic countries and has no definite meaning. In general, it means some form, of
ownership of means of production and distribution by the State. The term ‘Secularism’ means a
State, which has no religion of its own as recognized religion of the State. In other words, the State
treats all religions equally. The term ‘Democratic’ denotes a form of Government, which secures
power/authority from the will of the people. In other words, the voice of the Government is nothing
but the choice of the people. Finally, the term ‘Republic’ signifies that there shall be an elected head
of the State as the Chief Executive Head. As such, the President of India is the Chief Executive Head.

Justice – social, economic and political: The expression ‘Justice’ briefly speaking is “the harmonious
reconcilement of individual conduct with the general welfare of the society. “An act or conduct of a
person is said to be ‘just’ if it promotes the general well being of the community.” The expression
‘social justice’ means “abolition/removal of all sorts of inequalities of wealth, opportunity, status,
race, religion, caste, title and the like.” All are treated equally in the society irrespective of their
social status.

The expression ‘economic justice’ means “justice from the stand-point of economic force.” In simple
words it means “equal pay for equal work, that every person should get his just dues for his labour
irrespective of its caste, sex or social status.”

The expression ‘political justice’ means “the absence of any unreasonable or arbitrary distinction
among men in political matters. Indian Constitution has adopted the system of universal adult
suffrage, which ensures every citizen without any discrimination on the ground of caste, race, sex,
religion, descent, place, of birth, the right to vote and the right to contest elections or to hold offices
under the State.”

Liberty – of thought, expression, belief, faith and worship: The word ‘Liberty is used in two senses
i.e. negative and positive senses. In the negative sense it means “the absence of all undue or
Notes by Asst. Prof Ashwini Biradar

arbitrary interference with individual’s action on the part of the State.” In positive sense,” it
comprises o liberties and rights, which are considered essential for an individual to attain his
potentialities and for the perfection of the national life.”

Equality : of status and of opportunity: One of the most important objectives of the preamble is
“Equality of Status and Oppurtunity, which can be secured to the people by abolishing all distinctions
or discriminations by the State, between citizen and citizen on the ground of religion, race, caste, sex
or place of birth and by throwing open ‘public places’ to all citizens, by abolishing umtouchability
and titles, by securing equality of opportunity in the matters relating to employment or appointment
to any office under the State.”

Fraternity: The term ‘Fraternity’ means “a spirit of brotherhood, a feeling that all people are children
of the same soil, the mother-land.” According to Dr.B.R.Ambedkar, fraternity implies ‘a sense of
common brotherhood of all Indians.’ The Constitution makes no provision,which reflects ‘fraternity’
as an object. However, there are certain provisions in the Constitution such as common citizenship
right to move freely, to reside and settle in any part of the territory of India, to practice any
profession or to carry on any occupation, trade or business, which generates the spirit of
brotherhood.

Whether preamble is a part of the Constitution

The crucial question is whether preamble is a part of the Constitution? There had been a
great controversy as to this question. Some answered this question in the affirmative, while the
others in the negative.

This question mainly draws the attention of the Parliament as to the amending power of the
constitution under Article 368. If the preamble is regarded as a part of the Constitution, the
Parliament can amend the preamble also. Otherwise, the amending power of the Parliament does
not extend to the preamble.

The Supreme Court in 1969 in re Berubari Union and Exchange of Enclaves (AIR1960 SC
845) viewed that ‘Preamble is not a part of the Constitution and hence, it cannot be amended by the
Parliament’.

In Sajjan Singh v. State of Rajasthan (AIR 1965 SC 845) – it was observed that while the
preamble was the key to the mind of the constitution makers, it could not be regarded as part of the
constitutin.

However, in 1973 the Supreme Court in Kesavananda Bharati v. State of Kerala, AIR 1973 SC
1461 viewed that there is no wrong in treating the ‘Preamble’ as a part of the Constitution. The
court while interpreting provisions of Article 368, laid down that the Union Parliament could not,
while amending the Constitution, destroy the basic structure of the Constitution.

In S. R. Bommai v. Union of India (AIR 1994 SC 1918) Hon’ble K. Ramaswamy J. observed,

‘The Preamble of the Constitution is an integral part of the Constitution, democratic form of Govt. ,
federal structure, Integrity and unity of nation, secularism, socialism, social justice and judicial
review are basic features of Constitution.

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