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;
In Our Constituent Assembly, This Twenty-Sixth Day Of November 1949, Do Hereby Adopt, Enact, And Give To Ourselves This Constitution.
Introduction
n simple words, the Preamble is an introductory statement. It outlines the fundamental values, principles, the objectives upon which the Constitution (the law of the land) is built. It serves as a symbolic expression of the ideals and aspirations that the Constitution of a country aims to achieve.
In the words of Pandit Thakur Das Bhargava, "Preamble is the most precious part of the Constitution, it is the soul of the Constitution, it is the key to the Constitution, it is the key to open the mind of the makers of the Constitution. It is a jewel set in the Constitution. It is a superb prose poem, nay, it is perfection in itself. It is a proper yardstick with which one can measure the worth of the Constitution."
K.M. Munshi said the Preamble is the 'Horoscope of the Constitution.’
N.A. Palkivala said the Preamble is the 'Identity of the Constitution.’
Thus, the Preamble is the key to, and soul of, the Constitution.
The Constitution of India is the supreme law of the land. The Constitution begins with the preamble. The Preamble is part of the basic structure of the Constitution.
Salient Features
The preamble of the Indian Constitution lays down the nature of the Indian state and the objectives which are to be achieved for all of the citizens of India. It also upholds the sovereignty of the people of India and records the date on which the Constitution was finally adopted by the constituent assembly. Each word of the preamble conveys a set of ideas. The interpretation of the Constitution is done keeping in mind the preamble.
In the constituent assembly, two members objected to the use of the phrase "We the people of India". H.V. Kamath wanted the preamble should begin with the words 'In the name of God’ however, this amendment got defeated as not everyone prays to God for courage, support, and strength. There are some people who do not believe in God and one should not impose their own beliefs on others.
Another member, Maulana Hasrat Mohani objected to the use of these words. He asserted that the constituent assembly was elected by a small electorate which does not represent all the people of India, hence making it not fully representative. However, this view was also rejected.
It is both internally and externally free to make her own decisions and implement them for her people and territories. However, there are some critics who point out that the membership of 'The Commonwealth of Nations’ limits the sovereign status of India, as under the Commonwealth, there is acceptance of the British King or Queen as the head of the Commonwealth. But this view is not correct.
'Socialism’ in India does not have the same meaning as it has been assigned to in Russia. The Indian judiciary has explained the meaning of the term socialism in several landmark cases. In Excel Wear V. U.O.I.,[1] the Hon’ble apex court found that with the addition of the word socialist a portal is opened to lean the judges in favor of the nationalization and state ownership of the industry. But the principle of socialism and social justice cannot ignore the interests and rights of the different sections of the society, that is, the private owners.
Date of adoption and enactment of Constitution
In the final paragraph, the preamble specifies the important historical fact that the Constitution was adopted on 26 November 1949. It was on this date that the Constitution received the signature of the President of the constituent assembly and was declared passed. Every year on November 26, we celebrate the Constitution of India. It was adopted and enacted by the constituent assembly acting as the representative of the sovereign people of India.
The Indian constitution, however, came into force on January 26, 1950. This is because, on this date in the year 1930, India declared the demand for Poorna Swaraj as its ultimate goal for independence. Thus, in order to celebrate this declaration, the Constitution came into force on January 26, 1950.
Self-made Constitution
The Constitution of India is adopted and enacted as a self-made Constitution. It was adopted on in acted by the constituent assembly as the elective representative body acting on behalf of the people of India.
Is Preamble The Part Of The Constitution?
Can It Be Amended?
In Re Berubari Case,[6] a seven-judge constitutional bench held that the preamble is the key to opening the minds of the framers. It is not a part of the constitution therefore, it cannot be amended by and under Article 368 of the Constitution.
However, in Keshavananda Bharti V. State of Kerela,[7] 13 judge constitutional bench held that the preamble is not the source of power or the source of limitations of the Constitution. It is very much a part of the constitution and thus, it can be amended by and under Article 368 of the Indian constitution.