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Dr. Ram Manohar Lohiya National Law University: SESSION 2019-20

The document summarizes the preamble of the Indian constitution. It begins with a brief history of the preamble, noting that it was based on the Objective Resolution introduced by Nehru and adopted some of its language. It then discusses the meaning and concept of a preamble, as well as the object, purpose, and scope of the Indian constitution's preamble. Specifically, it notes that the preamble does not grant any power but gives direction and purpose to the constitution by outlining its objectives. It can be referred to resolve ambiguities in the language of the enactments. The summary concludes by stating that the preamble has limited application and will not be resorted to if the language of the enactments is clear.

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0% found this document useful (0 votes)
89 views

Dr. Ram Manohar Lohiya National Law University: SESSION 2019-20

The document summarizes the preamble of the Indian constitution. It begins with a brief history of the preamble, noting that it was based on the Objective Resolution introduced by Nehru and adopted some of its language. It then discusses the meaning and concept of a preamble, as well as the object, purpose, and scope of the Indian constitution's preamble. Specifically, it notes that the preamble does not grant any power but gives direction and purpose to the constitution by outlining its objectives. It can be referred to resolve ambiguities in the language of the enactments. The summary concludes by stating that the preamble has limited application and will not be resorted to if the language of the enactments is clear.

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SAUMYA GIRI
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You are on page 1/ 20

DR.

RAM MANOHAR LOHIYA


NATIONAL LAW UNIVERSITY
SESSION 2019-20

SUBJECT – CONSTITUTION

TOPIC - PREAMBLE

SUBMITTED TO SUBMITTED BY
DR. ATUL KUMAR TIWARI SAUMYA GIRI

ASSOCIATE PROF. (CONSTITUTION) ROLL NO. 118

IIIrd SEMESESTER

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ACKNOWLEDGEMENT
I express my gratitude and deep regards to my teacher for the subject Dr. Atul Kumar
Tiwari for giving me such a challenging topic and also for his exemplary guidance,
monitoring and constant encouragement throughout the course of this thesis.

I also take this opportunity to express a deep sense of gratitude to my seniors in the
college for their cordial support, valuable information and guidance, which helped me in
completing this task through various stages.

I am obliged to the staff members of the Madhu Limaye Library, for the timely and
valuable information provided by them in their respective fields. I am grateful for their
cooperation during the period of my assignment.

Lastly, I thank almighty, my family and friends for their constant encouragement without
which this assignment would not have been possible.

Thanking You All

Saumya Giri

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Table of Contents
Introduction 4

History of the Preamble 5

Meaning and Concept 6

Object, Purpose, and Scope of the Preamble 7

Preamble: Whether a part of the Constitution? 10

Amendment to the Preamble 11

Contents of the Preamble 12

Conclusion 18

References 19

3|Page
Introduction

The Preamble to the Constitution of India records the aims and aspirations of the people of
India which have been translated into the various provisions of the Constitution. A Preamble
means the introduction to the statute. The objectives before the Constituent Assembly were to
constitute India into a “sovereign, democratic, republic” and to secure its citizens “justice
liberty, equality, and fraternity”. The ultimate aim of the makers of the Constitution was to
have a welfare state and an egalitarian society projecting the aims and aspirations of the
people of India who sacrificed everything for the attainment of country’s freedom.

It is worthwhile to note that the preamble was adopted by the Constituent Assembly after the
Draft Constitution had been approved. The basic idea behind it was the preamble should be in
conformity with the provisions of the constitution and express in a few words the philosophy
of the constitution. It may be recalled that after the transfer of power, the Constituent
Assembly became sovereign, which is reflected in the use of words “give to ourselves this
constitution” in the preamble. It also implied that the preamble emanated from the people of
India and sovereignty lies with them.

Chief Justice Subba Rao in Golak Nath v. State of Punjab1 had held that “The preamble to
an Act sets out the main objectives which the legislation is intended to achieve”.

Unlike the Constitution of Australia, Canada or the U.S.A., the constitution of India has an
elaborate preamble. The purpose of the preamble is to clarify who has made the constitution,
what is its source, what is the ultimate sanction behind it, what is the nature of the polity
which is sought to be established by the constitution.

1
Golak Nath v State of Punjab AIR 1967 SC 1643.

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History of the Preamble

The Preamble to the Indian constitution is based on “Objective Resolution” of Nehru.


Jawaharlal Nehru introduced an objective resolution on December 13, 1946, and it was
adopted by Constituent assembly on 22 January 1947. The drafting committee of the
assembly in formulating the Preamble in the light of “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 with 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 Independent Republic’ as used in the “Objective Resolution,” for it thought the
independence was implied in the word Sovereign. The committee added the
word Fraternity which was not present in the Objective Resolution. “The committee felt that
the need for fraternal concord and goodwill in India was never greater than now and that this
particular aim of the new Constitution should be emphasized by special mention in the
Preamble.” In other respect the committee tried to embody in the Preamble “the spirit and, as
far as possible, the language of “Objective Resolution.”

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Meaning and Concept

The term ‘Preamble’ means the introduction to a statute. It is the introductory part of the
constitution. A preamble may also be used to introduce a particular section or group of
sections. According to Chambers Twentieth Century Dictionary, a preamble means preface,
introduction, especially that of an act of Parliament, giving its reasons and purpose – a
prelude.

 Black’s Law Dictionary states that the preamble means a clause at the beginning or a statute
explanatory of the reasons for its enactment and the objectives sought to be accomplished.
Generally, a Preamble is a declaration made by the legislature of the reasons for the passage
of the statute and is helpful in the interpretation of any ambiguities within the statute to which
it is prefixed.

The Constitution opens with a Preamble. Initially, the Preamble was drafted by Sh. B. N. Rau
in his memorandum of May 30, 1947, and was later reproduced in the Draft of October 7,
1947. In the context of the deliberations by the Constituent Assembly, the Preamble was
reformulated.

The Committee claimed that they had tried to embody in it the spirit, and as far as possible,
the language of the Objectives Resolution.Constitutions all over the world generally have a
preamble. The form, content, and length of the preamble differ from constitution to
constitution. Irrespective of these differences the preamble generally sets the ideas and goals
which the makers of the constitution intended to achieve through that constitution.

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Object, Purpose, and Scope of the Preamble

The Preamble does not grant any power but it gives a direction and purpose to the
Constitution. It outlines the objectives of the whole Constitution. The Preamble contains the
fundamentals of the constitution. The preamble to an Act sets out the main objectives which
the legislation is intended to achieve.

The proper function of the preamble is to explain and recite certain facts which are necessary
to be explained and recited before the enactment contained in an act of Parliament could be
understood. A preamble may be used for other reasons, such as, to limit the scope of certain
expressions or to explain facts or introduce definitions. It usually states or professes to state,
the general object and meaning of the legislature in passing the measure.

Hence it may be legitimately consulted for the purpose of solving an ambiguity or fixing the
connotation of words which may possibly have more meaning, or determining of the Act,
whenever the enacting part in any of these respect is prone to doubt. In a nutshell, a court
may look into the object and policy of the Act as recited in the Preamble when a doubt arises
in its mind as to whether the narrower or the more liberal interpretation ought to be placed on
the language which is capable of bearing both meanings.

In A.K Gopalan v. State of Madras2, it was contended that the preamble to our constitution


which seeks to give India a ‘democratic’ constitution should be the guiding start in its
interpretation and hence any law made under Article 21 should be held as void if it offends
the principles of natural justice, for otherwise the so-called “fundamental” rights to life and
personal liberty would have no protection. The majority on the bench of the Supreme Court
rejected this contention holding that ‘law’ in Article 21 refers to positive or state made law
and not natural justice and that this meaning of the language of Article 21 could not be
modified with reference to the preamble.

In Berubari Union case3the Supreme Court held that the preamble had never been regarded
as the source of any substantive power conferred on the government or on any of its
departments. The court further explained that “what is true about the powers is equally true
about the prohibitions and limitations”. It, therefore, observed that the preamble had limited
2
A K Gopalan v State of Madras AIR 1950 SC 27.
3
Re Berubari Union and Exchange of Enclaves, AIR 1960 SC 845.

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application. The court laid down that the preamble would not be resorted to if the language of
the enactment contained in the constitution was clear.

However, “if the terms used in any of the articles in the constitution are ambiguous or
capable of two meanings, in interpreting them some assistance may be sought in the
objectives enshrined in the Preamble.” In State of Rajasthan v. Basant Nahata4 it was held
that a preamble with an ordinary Statute is to be resorted only when the language is itself
capable of more than one meaning and not when something is not capable of being given a
precise meaning as in case of public policy.

In Kesavananda Bharati5 case the Supreme Court attached much importance to the
preamble. In this case, the main question before the Supreme Court related to the scope of
amending power of the Union Parliament under Article 368 of the Constitution of India.
The Supreme Court traced the history of the drafting and ultimate adoption of the Preamble.
Chief Justice Sikri observed,

“No authority has been referred before us to establish the propositions that what is true
about the powers is equally true about the prohibitions and limitations. Even from the
Preamble limitations have been derived in some cases. It seems to me that the preamble of
our Constitution is of extreme importance and the constitution should be read and
interpreted in the light of the grand and noble vision expressed in the preamble.”

A majority of the full bench held that the objectives specified in the preamble contain the
basic structure of our constitution, which cannot be amended in exercise of the power
under Article 368 of the constitution. It was further held that being a part of the constitution,
the preamble was not outside the reach of the amending power of the Parliament under
Article 368. It was in the exercise of this amending power that the Constitution (42nd
Amendment) Act 1976 amended the preamble inserting therein, the terms socialist, secular
and integrity.

In the 1995 case of Union Government v.  LIC of India6 also the Supreme Court has once
again held that the Preamble is an integral part of the Constitution.

The Preamble serves the following purposes:


4
State of Rajasthan v Basant Nahata AIR 2005 SC 3401.
5
Kesvanandan Bharati v State of Kerala 1973 SC 1461.
6
Union Government v LIC of India AIR 1954 SC 158.

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a)      It indicates the source from which the Constitution comes, viz., the people of India.

b)      It contains the enacting clause which brings into force, the Constitution which makes it
an act of the people, for the people and by the people.

c)      It declares the rights and freedoms which the people of India intended to provide to all
citizens and the basic type of government and polity which was to be established.

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Preamble: Whether a part of the Constitution? 

It has been highly a matter of arguments and discussions in the past that whether Preamble
should be treated as a part of the constitution or not. The vexed question whether the
Preamble is a part of the Constitution or not was dealt with in two leading cases on the
subject:

Berubari case was the Presidential Reference “under Article 143(1) of the Constitution of


India on the implementation of the Indo-Pakistan Agreement Relating to Beruberi Union and
Exchange of Enclaves which came up for consideration by a bench consisting of eight judges
headed by the Chief Justice B.P. Singh. Justice Gajendragadkar delivered the unanimous
opinion of the Court. The court ruled out that the Preamble to the Constitution, containing the
declaration made by the people of India in exercise of their sovereign will, no doubt it is “a
key to open the mind of the makers” which may show the general purposes for which they
made the several provisions in the Constitution but nevertheless the Preamble is not a part of
the Constitution.

Kesavananda Bharati case has created history. For the first time, a bench of 13 judges
assembled and sat in its original jurisdiction hearing the writ petition. Thirteen judges placed
on record 11 separate opinions. To the extent necessary for the purpose of the Preamble, it
can be safely concluded that the majority in Kesavananda Bharati case leans in favor of
holding,

(i) That the Preamble to the Constitution of India is a part of the Constitution;

(ii) That the Preamble is not a source of power or a source of limitations or prohibitions;

(iii) The Preamble has a significant role to play in the interpretation of statutes and also in the
interpretation of provisions of the Constitution.

Kesavanada Bharati case is a milestone and also a turning point in the constitutional history
of India. D.G. Palekar, J. held that the Preamble is a part of the Constitution and, therefore, is
amendable under Article 368. It can be concluded that Preamble is an introductory part of

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our Constitution. The Preamble is based on the Objective Resolution of Nehru. Preamble tells
about the nature of state and objects that India has to achieve.

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Amendment to the Preamble

The issue that whether the preamble to the constitution of India can be amended or not was
raised before the Supreme Court in the famous case of Kesavananda Bharati v. State of
Kerala. The Supreme Court has held that Preamble is the part of the constitution and it can
be amended but, Parliament cannot amend the basic features of the preamble. The court
observed, “The edifice of our constitution is based upon the basic element in the Preamble. If
any of these elements are removed the structure will not survive and it will not be the same
constitution and will not be able to maintain its identity.”

The preamble to the Indian constitution was amended by the 42nd Amendment Act,
1976 whereby the words Socialist, Secular, and Integrity were added to the preamble by
the 42nd Amendment Act, 1976, to ensure the economic justice and elimination of
inequality in income and standard of life. Secularism implies equality of all religions and
religious tolerance and does not identify any state religion. The word integrity ensures one of
the major aims and objectives of the preamble ensuring the fraternity and unity of the state.

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Contents of the Preamble
The Preamble 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. 

The Four Components of the Preamble are:


1. The Preamble indicates that the source of authority of the Constitution lies with the people
of India.
2. It declares India to be a socialist, secular, secular, democratic and a republic nation.
3. It states its objectives to secure justice, liberty, equality to all citizens and promote
fraternity to maintain unity and integrity of the nation.
4. It mentions the date (November 26, 1949) on which the constitution was adopted.
The key words in the Preamble are explained below:
We the people of India

The words “We, the people of India” declares in unambiguous terms that the Constitution has
been adopted, enacted and given to themselves by the people of India. It emphasizes the
sovereignty of the people and the fact that all powers of government flow from the people. It
is the people of India on whose authority the Constitution rests. The preamble surmises that it

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is the people of India who are the authors of the constitution. In this sense also, the
constitution is one, given by the people of the country to themselves. Jawahar Lal Nehru in
the constituent assembly stated that the word ‘People’ indicated that the constitution was not
created by the States, nor by the people of the several States but by the people of India in
their aggregate capacity.

Sovereign

The Preamble proclaims that India is a Sovereign State. 'Sovereign' means that India has its
own independent authority and it is not a dominion or dependent state of any other external
power. The Legislature of India has the powers to enact laws in the country subject to certain
limitations imposed by the Constitution. According to D.D Basu, the word ‘sovereign’ is
taken from Article 5 of the constitution of Ireland. ‘Sovereign or supreme power is that which
is absolute and uncontrolled within its own sphere’.  In the words of Cooley, “A state is
sovereign when there resides within itself supreme and absolute power, acknowledging no
superior”. Sovereignty, in short, means the independent authority of a state. It has two
aspects- external and internal. External sovereignty or sovereignty in international law
means the independence of a state of the will of other states, in her conduct with other states
in the comity of nations. On the other hand, internal sovereignty refers to the relationship
between the states and the individuals within its territory. Internal sovereignty relates to
internal and domestic affairs and is divided into four organs, namely, the executive, the
legislature, the judiciary and the administrative

Socialist
The word 'Socialist' was added to the Preamble by the 42nd Constitutional Amendment in
1976. Socialism means the achievement of socialist ends through democratic means. India
has adopted 'Democratic Socialism'. Democratic Socialism holds faith in a mixed economy
where both private and public sectors co-exist side by side. It aims to end poverty, ignorance,
disease and inequality of opportunity. A broad spectrum of Indian jurists and authors admit
the relevance of socialism in India. Swarn Singh, the chief architect of the 42nd Amendment
Act, 1976 explained that by the word ‘socialism’ nothing more was meant than what was
explained at the Awadi session of Congress, which is short aimed at a ‘mixed economy’.
In Excel Wear  v. Union of India7, the Supreme Court observed that “the addition of the
word socialist might enable the courts to lean more in favor of nationalization and state
7
Excel Wear v  Union of India AIR 1979 SC 25.

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ownership of the industry. But, so long as private ownership of industries is recognized and
governs an overwhelming large proportion of our economic structure, the principle of
socialism and social justice cannot be pushed to such an extent so as to ignore completely or
to a very large extent, the interest of another section of the public, namely, the private owners
of the undertaking.”

In D.S Nakara v. Union of India8, the court observed that “the basic framework of socialism
is to provide a decent standard of life to the working people and especially provide security
from cradle to grave.” The principal aim of the socialist State, the Supreme Court held, was
to eliminate inequality in income and status and standard of life.

In Air India Statutory Corporation v. United Labour Union9, the Supreme Court elaborated
the concept of “socialism” and stated that the word socialism was expressly brought in the
constitution to establish an egalitarian social order through rule of law as its basic structure.

In Samatha  v. State of Andhra Pradesh10 the Supreme Court observed that the word
Socialist used in the Preamble must be read from the goals, Article 14, 15, 16, 17, 21, 23, 38,
39, 46 and all other cognate Articles sought to establish, i.e. to reduce inequalities in income
and status and to provide equality of opportunities and facilities.

Secular
The word 'Secular' was incorporated in the Preamble by the 42nd Constitutional Amendment
in 1976. The term secular in the Constitution of India means that all the religions in India get
equal respect, protection and support from the state. Articles 25 to 28 in Part III of the
Constitution guarantee Freedom of Religion as a Fundamental Right. The term secular
inserted by the Constitution (42nd Amendment) Act, 1976, explains that the state does not
recognize any religion as a state religion and that it treats all religions equally, and with equal
respect, without, in any manner, interfering with their individual rights of religion, faith or
worship. It does not mean that it is an irreligious or atheistic state. Nor, it means that India is
an anti-religious state. It neither promotes nor practices any particular religion, nor it
interferes with any religious practice. The constitution ensures equal freedom to all religions.
The Supreme Court in St. Xavier’s College v. State of Gujarat 11, explained “secularism is
neither anti-God nor pro-God, it treats alike the devout, the agnostic and the atheist. It
8
D S Nakara v Union of India AIR 1983 SC 25.
9
Air India Statutory Corporation v United Labour Union AIR 1997 SC 645.
10
Samatha v State of Andhra Pradesh AIR 1997 SC 3297.
11
St Xavier’s College v State of Gujarat AIR 1974 SC 1889.

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eliminates God from the matters of the state and ensures that no one shall be discriminated
against on the grounds of religion”. That, every person is free to mold or regulate his relations
with his God in any manner. He is free to go to God or to heaven in his own ways. And, that
worshipping God is left to be dictated by his own conscience. In S.R Bommai v. Union of
India12, a nine-judge bench of the apex court observed that the concept of “Secularism” was
very much embedded in our constitutional philosophy. What was implicit earlier had been
made explicit by the constitution (42nd amendment) in 1976.

Democratic
The term Democratic indicates that the Constitution has established a form of government
which gets its authority from the will of the people expressed in an election. The Preamble
resolves India to be a democratic country. That means, the supreme power lies with the
people. In the Preamble, the term democracy is used for political, economic and social
democracy. The responsible representative government, universal adult franchise, one vote
one value, independent judiciary etc. are the features of Indian democracy. The Supreme
Court in Mohan Lal v. District Magistrate, Rai Bareilly13, observed: “Democracy is a
concept, a political philosophy, an ideal practiced by many nations culturally advanced and
politically mature by resorting to governance by representatives of the people elected directly
or indirectly”. The basic principle of democracy in a society governed by the rule of Law is
not only to respect the will of the majority but also to prevent the dictatorship of the
majority”.
Republic
In a Republic, the head of the state is elected by the people directly or indirectly. In India, the
President is the head of the state. The President of India is elected indirectly by the people;
that means, through their representatives in the Parliament and the State Assemblies.
Moreover, in a republic, the political sovereignty is vested in the people rather than a
monarch.
Justice
The term Justice in the Preamble embraces three distinct forms: Social, economic and
political, secured through various provisions of the Fundamental and Directive Principles.

Social justice in the Preamble means that the Constitution wants to create a more equitable
society based on equal social status. Economic justice means equitable distribution of wealth
12
S.R Bommai v Union of India AIR 1994 SC 1918.
13
Mohan Lal v District Magistrate, Rai Bareilly AIR 1993 SC 2042.

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among the individual members of the society so that wealth is not concentrated in few hands.
Political Justice means that all the citizens have equal right in political participation. Indian
Constitution provides for universal adult suffrage and equal value for each vote.  The
expression ‘justice’ is the harmonious reconcilement of individual conduct with the general
welfare of society. An act or conduct of a person is said to be just if it promotes the general
well-being of the community. Therefore, the attainment of the common good as distinguished
from the good of individuals is the essence of justice. Justice is considered to be the primary
goal of a welfare state and its very existence rests on the parameters of justice.

Liberty
Liberty implies absence of restraints or domination on the activities of an individual such as
freedom from slavery, serfdom, imprisonment, despotism etc. The preamble of the
constitution of India professes to secure the liberty of belief, thought, expression, faith, and
worship which are essential to the development of the individuals and the nation. Liberty or
freedom signifies the absence of external impediments of motion. It implies the absence of
restraint. Liberty is the power of doing what is allowed by law.
Equality
Equality means absence of privileges or discrimination against any section of the society. The
Preamble provides for equality of status and opportunity to all the people of the country. The
Constitution strives to provide social, economic and political equality in the country. D.D.
Basu has observed that it is the same equality of status and opportunity that the constitution
of India professes to offer to the citizens by the preamble.[xxxviii] Equality of status and
opportunity is secured to the people of India by abolishing all distinctions and discriminations
by the state between citizen and citizen on the ground of religion, race, caste sex and by
throwing open ‘public places’, by abolishing untouchability and titles, by securing equality
for opportunity in the matters relating to employment or matters relating to employment or
appointment to any office under the state.
It is exactly this equality of status and opportunity that our constitution professes to offer to
the citizens by the preamble. The principle of equality of law means not the same law should
apply to everyone, but that a law should deal alike with all in one class; that these should be
equality of treatment under equal circumstances. It means “that should not be treated unlike
and unlikes should not be treated alike. Likes should be treated alike.”
Fraternity

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Fraternity means feeling of brotherhood. The Preamble seeks to promote fraternity among the
people assuring the dignity of the individual and the unity and integrity of the nation. The
expression ‘to promote among them all’ preceding the word ‘fraternity’ is significant in this
respect. ‘Among them, all’ promotes, more particularly the word ‘all’-not only among
underprivileged classes but also among the entire people of India. ‘Do hereby adopt, enact’
etc. has been borrowed from the last line the preamble of the Irish constitution. In the words
of the Supreme Court- fraternity means a sense of common brotherhood of all Indians. In a
country like ours with so many disruptive forces of regionalism, communalism, and linguist,
it is necessary to emphasize and re-emphasize that the unity and integrity of India can be
preserved only by a spirit of brotherhood. India has one citizenship and every citizen should
feel that he is Indian first irrespective of other bases.

The dignity of the Individual

Dignity of the individuals is to be maintained for the promotion of fraternity. Therefore, the
preamble of the constitution of India assures the dignity of each and every individual. This
dignity is assured by securing to each individual equal fundamental rights and at the same
time, by laying down a number of directives for the state to direct its policies towards, inter
alia, securing to all citizens, men and women equally, the right to an adequate means of
livelihood, just and humane conditions of work, a decent standard of life.

The constitution of India seeks to achieve ‘dignity of individual’ by guaranteeing equal


fundamental rights to each individual, so that he can enforce minimal rights, if invaded by
anybody in the court of law. The dignity of individual in a nation is the dignity of the nation
itself. The preamble of constitution of India recognizes and ensures enforcement of
Fundamental Right necessary for existence, the full development of personality, dignified
lives such as equality and freedom of the Indians. It is to be noted that our Supreme Court has
read the preamble with article 21 to come to the conclusion that the right to dignity is a
fundamental rights.

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Conclusion

To conclude, it will not be wrong to say that the spirit or the ideology behind the Constitution
is sufficiently crystallized in the preamble. It is also right to state that preamble is the basic
part of any document and it is but obvious to our constitution because it is the supreme law of
our country. The preamble declares that the people of India adopted, enacted and gave to
themselves the constitution on 26th November, 1949 but the date of commencement of the
constitution was fixed to 26 January, 1950.

Article 394 provides that Articles 5, 6, 7, 8, 9, 60, 324, 367, 379 and 394 came into force on


the adoption of the constitution on 26th November, 1949. The rest of the provisions of the
constitution came into force on 26th January, 1950 and this day is referred to as the
commencement of the constitution. The preamble is of considerable legal significance in so
far as embodies an enacting clause. It cannot be resorted to as the basic in construing the
various provisions of the constitution, which are couched in plain language.

The Preamble highlights some of the fundamental values and guiding principles on which the
constitution is based. It is a guiding light having interpretational value. It plays a pivotal role
in case of ambiguity. The Preamble of the Constitution of India is one of the best of its kind
ever drafted. Both in ideas and expression, it is a unique one. It embodies the spirit of the
constitution to build up an independent nation which will ensure the triumph of justice,
liberty, equality, and fraternity.

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References

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  Retrieved from, http://www.preservearticles.com/2012011020424/essay-on-the-


amendment-of-the-preamble-of-india.html on 15 September 2013 at 7:15 pm
 Lahoti Ramesh Chandra (2004), Preamble: The Spirit and Backbone of the
Constitution of India, Lucknow: Eastern Book Co.
 Shukla, V. N., & Singh, M. P. (1990). V.N. Shukla's Constitution of India. Lucknow:
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