Philosophy of the Constitution: Preamble

Preamble: The year 1947 stands as a pivotal moment in India’s political history, marking the country’s long-awaited independence from British colonial rule. This freedom came after a protracted struggle, with many sacrificing their lives for the nation. However, independence brought with it a host of challenges. The new leadership had to navigate the complexities of partition, which often resulted in communal violence between Hindus and Muslims, the integration of princely states, the resettlement of refugees, and the task of rebuilding a devastated economy. Establishing a stable social order became crucial in addressing these issues.

The vision of this new social order, as envisioned by India’s leading policymakers, was founded on the principles of “development” and “justice.” The new constitution was seen as a means to correct past injustices, particularly those faced by marginalized communities, such as the lower castes. To bring these ideals to life, the Constituent Assembly crafted a constitution that reflected the goals and values of the freedom struggle. The Preamble, in particular, serves as a prelude to the Constitution, outlining the core ideals of the Indian state and the objectives it seeks to achieve.

Making of the Indian Constitution

The Constitution of India was drafted by an indirectly elected Constituent Assembly, which laid the foundation for an independent India. The idea for such an assembly was first proposed by the Indian National Congress in 1934. In 1946, the Cabinet Mission, led by Sir Pethick-Lawrence, arrived in India with the objective of devising a plan for the creation of the Indian Constitution. However, the composition of the Constituent Assembly was a matter of considerable controversy, with the Muslim League opposing any formula for its formation. This issue was resolved only after the Partition of India.

The majority of the assembly’s members were from the Congress, including prominent leaders like Nehru, Patel, Azad, and Rajendra Prasad. They also invited legal experts and leading legislators from the former British government. In drafting the Constitution, the assembly drew upon various ideas from constitutions around the world. Several committees were established to address both procedural and substantive matters. After the preliminary work by the Constituent Assembly, the reports were forwarded to the Drafting Committee, which incorporated them into the draft of the Constitution.

Each provision underwent extensive debate and discussion, famously known as the Constituent Assembly Debates. Finally, nearly two and a half years after independence, India adopted its Constitution—the longest written constitution in the world—on November 26, 1949, and it came into effect on January 26, 1950.

Objective Resolution

A well-defined philosophy is essential for the creation of any constitution, and the philosophy underlying the Indian Constitution was clearly articulated in the Objective Resolution. Drafted by Pt. Jawaharlal Nehru and seconded by Purushottam Das Tandon, the Objective Resolution was introduced during the first session of the Constituent Assembly on December 13, 1946, and was adopted on January 22, 1947, after extensive discussions. Though presented early, its provisions were formally adopted toward the end of the debates and shaped the Constitution’s Preamble.

The significance of the Objective Resolution lies in its role in guiding the chief architects of the Indian Constitution, outlining the fundamental principles that would form its foundation. It emphasized sovereignty as a cornerstone for an independent nation, asserting that the Indian state would include British Indian territories, princely states, and other regions willing to join India. Central to the resolution was the concept of popular sovereignty, affirming that all power would derive from the people.

The Objective Resolution also guaranteed certain rights and fundamental freedoms to the people of India, ensuring their meaningful existence in a democratic society. Additionally, it introduced the idea of India as a republic, with Nehru affirming that the entire nation would be part of this envisioned republic. The resolution thus provided a clear purpose and structure around which the Constitution would be built.

The draft of the Objective Resolution is as follows –

This Constituent Assembly declares its firm and solemn resolve to proclaim Preamble India as the Independent Sovereign Republic and to draw up for her future governance a Constitution;
WHEREIN the territories that now comprise British India, the territories that now form the Indian States, and such other parts of India as are outside British India and the States as well as such other territories as are willing to be constituted into Independent Sovereign India, shall be a Union of them all; and
WHEREIN the said territories, whether with their present boundaries or with such others as may be determined by the Constituent Assembly and thereafter according to the Law of the Constitution, shall possess and retain the status of autonomous Units, together with residuary powers, and exercise all powers and functions of government and administration, save and except such powers and functions as are vested in or assigned to the Union, or as are inherent or implied in the Union or resulting therefrom; and
WHEREIN all power and authority of Sovereign Independent India, its constituent parts and organs of government, are derived from the people; and
WHEREIN shall be guaranteed and secured to all the people of India justice, social, economic, and political; equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith worship, vocation, association and action, subject to the law and public morality; and
WHEREIN adequate safeguards shall be provided for minorities, backward and tribal areas, and depressed and other backward classes; and
WHEREBY shall be maintained the integrity of the territory of the Republic and its sovereign rights on land, sea, and air according to Justice and the law of civilized nations, and
This ancient land attains its rightful and honoured place in the world and makes its full and willing contribution to the promotion of world peace and the welfare of mankind.”

From the above account, it is evident that the Objective Resolution outlined the intended course of action for the Indian state. It set forth the nature of India’s political system, the distribution of powers between the center and the states, and the protection of vulnerable sections of society. However, the terms “democracy” and “socialism” were not explicitly included in the Objective Resolution. In response, Nehru explained that the inclusion of the word “republic” implied the concept of democracy, particularly economic democracy. He also emphasized that India was progressing toward becoming a socialist state, though the specific form of socialism would depend on the future actions of the Indian state.

While the adoption of the Objective Resolution was not mandatory for the members of the Constituent Assembly, it provided essential guiding principles suggested by Nehru. Dr. Rajendra Prasad, the President of the Constituent Assembly, encouraged the members to adopt the resolution, and as a result, most of the provisions were passed with overwhelming support.

The Preamble

The draft of the Preamble reads as follows: The Constitution of India came into effect on January 26, 1950, with the Preamble appearing on its first page. The term “Preamble” refers to an introductory statement of legal documents, making it a fitting choice for the Indian Constitution, which itself is a legal document. This word was carefully chosen by the framers of the Constitution to reflect its purpose and intent.

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 assures the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this 26day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

The Preamble of the Indian Constitution is considered one of the “noblest” statements in constitutional history, prompting Sir Ernest Barker to remark, “It seemed to me, when I read it, to state in a brief and pithy form the argument of much of the book; and it may accordingly serve as a keynote” (p. 56, Kashyap 2014). However, the wording of the Preamble was subject to intense debate within the Constituent Assembly. Key figures involved in these debates included Maulana Hasrat Mohani, K.M. Munshi, H.V. Kamath, Purnima Banerji, Rohini Kumar Chaudhuri, and Prof. Shibban Lal Saksena. The discussions surrounding the Preamble are documented in Volume X of the Constituent Assembly Debates.

One prominent suggestion came from Hasrat Mohani, who proposed replacing “a sovereign Democratic Republic” with “A Union of India Socialist Republics.” This was strongly opposed by many members, who argued it contradicted the core principles of the Constitution. Similarly, H.V. Kamath sought to replace the phrase “having solemnly resolved” with “in the name of God,” and later suggested “in the name of Goddess,” but these proposals were also rejected. Ultimately, Dr. Rajendra Prasad, President of the Constituent Assembly, put the finalized Preamble to a vote at the end of the debates.

A recurring question concerning the Preamble has been whether it is considered an integral part of the Constitution. During the Objective Resolution debates, Jawaharlal Nehru initially suggested that the Preamble would not form part of the Constitution. However, this position shifted later when Dr. Rajendra Prasad declared that it would indeed be included. Judicial rulings further clarified this issue. In the Berubari Case of 1966, Justice Gajendragadkar noted that while the Preamble aids in understanding the Constitution, it was not considered part of it. In the Sajjan Singh v. State of Rajasthan case, Justice Madholkar highlighted the importance of the Preamble and suggested that its exclusion from the Constitution should be reconsidered.

Justice Hidayatullah, in the Golak Nath v. State of Punjab case (1967), described the Preamble as “the soul of the Constitution.” Similarly, in Bharti Chandra v. State of Mysore, it was argued that both the Fundamental Rights and Directive Principles could be better understood through the Preamble. The landmark Kesavananda Bharti case of 1973 declared that the Preamble is indeed an integral part of the Constitution and encapsulates its “basic structure,” which cannot be amended under Article 368.

However, the judgment in the Berubari case was reiterated in the Indira Gandhi v. Raj Narain case, stating that the Preamble is not a source of power and cannot impose limitations. The 42nd Amendment of the Indian Constitution (1976) introduced the words “Secularism” and “Socialism” to the Preamble, and the phrase “Unity of the Nation” was amended to “Unity and Integrity of the Nation.”

In S.R. Bommai v. Union of India (1994), Justice Ramaswami affirmed that the Preamble is an integral part of the Constitution, a position further upheld in the LIC of India case (1995). However, the Preamble is not directly enforceable in a court of law.

Basic Ideals of the Preamble

The Preamble begins with the words “We the People of India,” signifying that the power of the state is derived from the people and that the Constitution originates from the collective will of the citizens. In the landmark judgment of Kehar Singh v. Union of India (1989), the Supreme Court held that the Constitution reflects the will of the people and is not imposed upon them. Similarly, in Union of India v. Madan Gopal Kabra, the court reaffirmed this view, acknowledging the legislature’s authority to create laws on behalf of the people.

The Preamble of India also sets forth the various principles on which the Indian State is based and these are as follows:

India as a Sovereign State

Sovereignty is a key element of the modern state, and its importance became prominent with the Treaty of Westphalia. In simple terms, sovereignty means that a nation cannot be ruled by a foreign power. In political science, sovereignty is classified into external and internal forms. External sovereignty refers to the exclusion of foreign powers from interfering in a country’s affairs, while internal sovereignty relates to the unification of a nation under one government, with citizens pledging allegiance to the entire nation rather than individual regions.

In the context of India, the principle of sovereignty was crucial, as the country had been under colonial rule by the British, French, Dutch, Portuguese, and others for centuries. Thus, the framers of the Indian Constitution prioritized establishing India as a sovereign nation. The first words of the Preamble, “We the People of India,” emphasize the unity of the country, seeking to unite its various regions under a single identity. This differs from the United States, where the Preamble begins with “We the people of the United States,” reflecting the stronger role of individual states and a more pronounced federal structure. In India, sovereignty belongs to the people as a whole, not the individual states. Although India has a division of power between the center and the states, there is no division of sovereignty, and no state can secede from the Union. Additionally, India has only a single citizenship and one Constitution, and while the system is quasi-federal, it leans toward centralization in many aspects.

The Supreme Court has made significant rulings on sovereignty. In the Kesavananda Bharti Case (1973), the Court elaborately discussed the concept of sovereignty. Later, in Synthetic and Chemicals Ltd. v. State of Uttar Pradesh (1990), the Supreme Court clarified that “sovereign” means the state has the authority to act, but within the constraints imposed by the Constitution.

India as a Socialist State

The Preamble of the Indian Constitution also envisions a socialist character for the Indian state. However, the word “socialism” was not included in the original draft of the Preamble, despite Prime Minister Jawaharlal Nehru’s strong advocacy for it. At the time of independence, India aimed to maintain a neutral stance, especially given the geopolitical tensions of the Cold War, which led policymakers to avoid aligning the state with any specific ideology. Nevertheless, the principles of socialism were subtly present, as the Preamble emphasized economic justice and equality of status and opportunity for all.

It wasn’t until the 42nd Amendment of the Constitution in 1976 that the term “socialism” was formally added to the Preamble, placed right after the word “sovereign,” signifying its importance. The Constitution does not explicitly define socialism, but generally, it implies the equitable distribution of resources to reduce income inequality. In the Indian context, socialism involves elements such as nationalization, state ownership of property and industries, and ensuring equal pay for equal work.

The judiciary has further interpreted the concept of socialism in various cases. In D.S. Nakara v. Union of India, socialism was defined in terms of improving the living standards of the weaker sections of society. In Excel Wear v. Union of India, the court associated socialism with the promotion of nationalization and state ownership. Additionally, in Air India Statutory Corporation v. United Labour Union, the court emphasized that the primary goal of the Constitution in this regard is to establish an egalitarian social order.

India as a Secular State

Secularism is a fundamental aspect of the Indian state. Like the term “socialism,” the word “secularism” was added to the Indian Constitution through the 42nd Amendment in 1976. However, the essence of secularism is embedded in Articles 25-28 of the Constitution. Article 25 guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion. Article 26 allows religious groups to manage their own affairs. Article 27 prohibits the use of taxes for promoting any religion, and Article 28 restricts religious instruction in state-run educational institutions, permitting it only in schools maintained by religious organizations.

Secularism in India differs from the Western model. In India, secularism is based on the principle of equal respect for all religions, fostering religious tolerance and ensuring that all faiths have the right to thrive. The Indian state has no official religion, yet, unlike the West, where there is a strict separation between church and state, India’s secularism does not entirely separate religion from politics.

The judiciary has also played a significant role in defining secularism. In the S. R. Bommai v. Union of India (1994) case, the court declared secularism to be part of the Constitution’s basic structure. In Aruna Roy v. Union of India (2002), secularism was interpreted as the development of mutual respect among all religions. Similarly, in Bal Patil v. Union of India (1999), the court reinforced the principle of equal treatment and respect for all religions. The M.P. Gopalkrishnan Nair v. State of Kerala case distinguished between an atheist state and a secular state, while in St. Xavier’s College v. State of Gujarat, the Supreme Court ruled that Indian secularism prohibits religious discrimination. Finally, in Valsamma Paul v. Cochin University, the court emphasized that inter-caste marriages and adoption are vital for preserving the secular and egalitarian fabric of Indian society.

India as a Democratic state

The preamble of the Indian Constitution establishes its democratic nature. In simple terms, democracy is a form of government where the ultimate authority rests with the people. India stands as a successful democracy, where since its independence, citizens have exercised their right to elect representatives through regular elections. India’s system is known as a representative parliamentary democracy. These elections are based on the principle of Universal Adult Franchise, ensuring that every citizen, regardless of caste, class, religion, or gender, has the right to vote. Judicial rulings have also clarified the essence of Indian democracy. In R.C. Poudyal v. Union of India (1993), the court emphasized that democracy centers on the people’s power and equal participation. Similarly, in Union of India v. Association of Democratic Reforms (2002), the importance of elections was highlighted as the core element of democracy. Public awareness of the significance of democracy is equally crucial for its success.

India as a Republic

The Preamble of the Indian Constitution designates India as a republic, which signifies that the head of state is elected for a fixed term rather than inheriting the position. In India, the head of state is the President. As Hidayatullah stated, “A Republic is a state in which the supreme power ultimately rests with the people rather than a single individual like a king.” With the adoption of the Indian Constitution, India transitioned from being a dominion under the Crown to a fully sovereign republic. The President of India is elected indirectly; elected representatives, chosen by the people, participate in this election process.

Basic objectives of the Preamble

The Preamble also charted out the objectives which the Indian States aim for, like

Justice – Social, Political, and Economic

According to the Preamble of the Indian Constitution, the Indian state is founded on the principle of justice, which takes precedence over other values such as liberty, equality, and fraternity. Justice is understood in three key forms: social, political, and economic. Social justice ensures that all individuals are treated equally, regardless of their social standing. In line with this, Article 15 prohibits discrimination in public spaces, and Article 38 mandates that the state work toward the welfare of its people. To achieve social justice, the Indian government has implemented various welfare policies. Political justice guarantees that all citizens, irrespective of caste or creed, have the right to vote and participate in elections. Economic justice focuses on the fair distribution of resources, ensuring that everyone has adequate means of livelihood, equal pay for equal work, and access to opportunities.

Liberty – of Thought, expression, belief, faith, and worship

Liberty generally means that individuals have the freedom to act as they choose, but it should not be mistaken for unrestricted freedom, as liberty comes with certain conditions. In India, the concept of liberty is embedded in the Fundamental Rights and Part IV of the Indian Constitution. The Constitution grants both positive and negative freedoms to its citizens. Negative freedom restricts individuals from engaging in certain actions, while positive freedom empowers them to take specific actions. For instance, while the Constitution prohibits discrimination, it also guarantees the right to free speech, freedom of religion, and other fundamental freedoms. However, in exercising these rights, individuals must be mindful not to compromise state security, public order, or other important considerations.

Equality – of Status and Opportunity

The Constitution of India embodies the principle of equality, which includes equality of status and opportunity. This means that all citizens are equal before the law and are entitled to equal protection under it. The concept of equality extends to ensuring that individuals are treated equally regardless of religion, race, caste, class, or gender. Political equality grants all citizens the right to vote, while economic equality ensures equal pay for equal work.

Fraternity amongst people

Fraternity refers to the sense of unity and brotherhood among people. In a diverse country like India, this value is crucial for fostering social cohesion. Achieving fraternity requires addressing social issues such as casteism, communalism, and racism. The Indian Constitution addresses this through the Right to Equality, particularly in Articles 14 to 18, and promotes fraternity by encouraging social and economic equality through the Directive Principles of State Policy. The concept of single citizenship is also designed to strengthen fraternity by uniting all citizens under one identity. Additionally, the Fundamental Duties of citizens emphasize the need to cultivate a sense of common brotherhood and belonging. In the landmark case Indra Sawhney v. Union of India, the Supreme Court underscored the importance of fraternity, noting that it is essential for ensuring individual dignity and fostering national unity and integrity.

Unity and Integrity of the nation

In addition to the principle of equality, the unity and integrity of India are crucial for upholding the concept of sovereignty. Article 51A of the Indian Constitution therefore mandates that every citizen has a duty to uphold and protect India’s sovereignty, unity, and integrity, as well as to foster harmony and brotherhood. This commitment is essential for the nation’s development and cohesion.

Critical Analysis of the Preamble

The ideals enshrined in the Preamble of the Indian Constitution offer a glimpse into its underlying philosophy. However, many of these ideals and objectives have been repeatedly violated. Since the advent of globalization and privatization in India, the concept of sovereignty—both in India and globally—has been increasingly challenged. Countries are no longer fully independent and have become heavily interdependent. While colonialism has diminished, neo-colonialism has emerged, with international economic institutions like the IMF and World Bank exerting influence over the economies of developing and underdeveloped nations.

In India, the principles of socialism and secularism have also come under threat. Some scholars, such as Kashyap (2001), argue that this is because the terms “socialism” and “secularism” are not clearly defined in the Indian Constitution. The critique of socialism gained momentum after the introduction of the New Economic Policy in 1991, which saw the state’s control over the economy decline in favor of market forces. This shift has led to a widening gap between the rich and poor, contradicting the very essence of socialism.

Similarly, the principle of secularism has been undermined by the intersection of religion and politics, often leading to communal violence, an outcome far from the vision of the Constitution’s framers. The democratic integrity of India is also questioned at times due to government policies that are seen as anti-people. Issues like communal riots, new forms of casteism, and gender discrimination continue to erode the constitutional objectives of justice, liberty, equality, fraternity, and ultimately, the unity and integrity of the nation.

Significance of the Preamble

The Preamble encapsulates the core philosophy and fundamental values—political, moral, and religious—upon which the Indian Constitution is built. It reflects the grand vision of the Constituent Assembly and embodies the dreams and aspirations of the nation’s founding fathers. Sir Alladi Krishnaswami Iyer, a key figure in the drafting of the Constitution, remarked, “The Preamble to our Constitution expresses what we had thought or dreamt for so long.” K.M. Munshi, a member of the Drafting Committee, referred to the Preamble as the “horoscope of our sovereign democratic republic.”

Pandit Thakur Das Bhargava, another member of the Constituent Assembly, emphasized its significance, stating, “The Preamble is the most precious part of the Constitution. It is the soul, the key, and the jewel set in the Constitution—a proper yardstick to measure its worth.”

Sir Ernest Barker, a renowned English political scientist, praised the political insight of the Preamble’s authors, describing it as the “key-note” to the Constitution and even quoting it in the opening of his book Principles of Social and Political Theory (1951).

M. Hidayatullah, a former Chief Justice of India, further highlighted its importance by comparing it to the U.S. Declaration of Independence, but noting that the Preamble goes beyond a declaration. He called it the “soul of our Constitution,” outlining the framework of Indian political society and containing a solemn resolve that only a revolution could change.

Preamble as the Part of the Constitution

A key controversy surrounding the Preamble is whether it is considered part of the Constitution. In the Berubari Union case (1960), the Supreme Court acknowledged that the Preamble illustrates the general purpose behind the Constitution’s provisions, serving as a “key to the minds” of its framers. The Court also noted that if the language of any article is ambiguous or open to multiple interpretations, the Preamble’s objectives can aid in clarification. However, despite this recognition, the Court explicitly stated that the Preamble was not a part of the Constitution.

This position was reversed in the Kesavananda Bharati case (1973), where the Supreme Court held that the Preamble is indeed part of the Constitution. The Court emphasized the Preamble’s importance, stating that the Constitution must be interpreted in light of the grand vision it expresses. In the LIC of India case (1995), the Court reaffirmed that the Preamble is an integral part of the Constitution.

Although the Preamble was enacted by the Constituent Assembly like any other section of the Constitution, it was inserted only after the rest of the document had been finalized. This was done to ensure its alignment with the Constitution as adopted. When presenting the Preamble for approval, the President of the Constituent Assembly declared, “The question is that the Preamble stands part of the Constitution.” The motion was passed, solidifying the current view of the Supreme Court, which aligns with the intentions of the Constitution’s framers.

However, two important points must be noted:

The Preamble does not serve as a source of legislative power nor does it impose any restrictions on legislative authority.
It is non-justiciable, meaning its provisions cannot be enforced in a court of law.

Amendability of the Preamble

The question of whether the Preamble can be amended under Article 368 of the Constitution first arose in the landmark Kesavananda Bharati case (1973). It was argued that the Preamble could not be amended because it was not considered a part of the Constitution. The petitioner also contended that the amending power under Article 368 could not be used to destroy or alter the basic elements or fundamental features of the Constitution, which are reflected in the Preamble.

The Supreme Court, however, ruled that the Preamble is indeed a part of the Constitution. The Court acknowledged that its earlier opinion in the Berubari Union case (1960) was incorrect and affirmed that the Preamble can be amended, with the important condition that such amendments do not alter the “basic features” of the Constitution. In other words, the fundamental elements enshrined in the Preamble cannot be changed through an amendment under Article 368.

To date, the Preamble has been amended only once, in 1976, through the 42nd Constitutional Amendment Act. This amendment introduced three new terms—Socialist, Secular, and Integrity—into the Preamble, and the Supreme Court upheld the validity of this amendment.

Conclusion

From the above discussion, it is clear that the Preamble of India establishes the nation as a sovereign, socialist, secular, and democratic republic, committed to upholding values such as justice, equality, liberty, fraternity, unity, and integrity. The drafting of the Constitution was a demanding process, and its framers were determined to embed these noble principles within it. Various judicial pronouncements over time have helped clarify and interpret these ideals. While there have been instances where these values have been violated, India remains one of the world’s largest and most successful democracies.

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