“The Constitution is not merely a lawyer's document, it is a vehicle of Life, and its spirit is always the spirit of Age” - Dr. B.R. Ambedkar

The Preamble to the Indian Constitution refers to the introduction or preface to the Indian Constitution which very essentially is a reflection of the core constitutional values that embody the Constitution and manifests the nation’s identity, its democratic ethos, and its foundational principles. While describing the meaning of the Preamble of Indian Constitution, an eminent jurist N.A. Palkhivala has called it the ‘Identity Card of the Constitution’. Similarly, K.M. Munshi has described it as the ‘Political Horoscope of the Constitution’.

On December 13, 1946, Nehru moved the ‘Objective Resolution’ in the Constituent Assembly. This resolution defined the basic goal or purpose of the Indian Constitution. It also acted as the guiding principle for the members of the constituent assembly in framing the constitution. The same resolution was adopted as the Preamble to the Indian Constitution on January 22, 1947.

After the judgment of the Kesavananda Bharati Sripadagalvaru Vs. State of Kerala and Anr, AIR 1973 SC case, it was accepted that the preamble is part of the Constitution. As a part of the Constitution, preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble cannot be amended. As of now, the preamble is only amended once through the 42nd Amendment Act, 1976 based on the recommendations of the Sardar Swaran Singh Committee. The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42nd Amendment Act, 1976. ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’. ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.

The Preamble of Indian Constitution is a concise and comprehensive introduction that outlines the philosophy and objectives of the Constitution, which highlights India’s commitment to being a Sovereign, Socialist, Secular, and Democratic Republic, ensuring independence, equality, and secular governance. The Preamble guarantees justice (social, economic, and political), liberty (of thought, expression, belief, faith, and worship), equality (of status and opportunity), and promotes fraternity to maintain national unity and individual dignity. It reflects the ideals and aspirations of the people and serves as the soul and guiding principle of the Constitution. As an integral part of the Constitution, it represents its spirit and purpose.

Justice

The Preamble speaks of social, economic, and political justice. The concept of justice goes beyond its narrow legal connotation. Significantly the words ‘social’ and ‘economic’ occur before the word ‘political’.

Social Justice implies that discrimination on the basis of birth, caste, race, sex or religion should cease. To that end, all citizens should enjoy equal opportunities in the matter of public appointment. It is the good of all people that the Government must strive to achieve. The concept of a welfare state as envisaged in the Directive Principles is an embodiment of guidelines for ensuring the social justice expected in the Preamble.

To achieve this ideal of social justice, the Constitution lays down the Directives Principles of State Policy in Part IV of the Constitution. In the case of Air India Statutory Corporation v. United Labor Union, AIR 1997 SC 645 the Supreme Court observed that the aim of social justice was to attain a substantial degree of social, economic, and political equality which was the legitimate expectation and constitutional goal

Economic Justice implies that the gap between the rich and the poor is bridged, and the exploitation ceases. Removal of poverty is to be achieved not by taking away assets from those who have but by ensuring a more equitable distribution of national wealth ana1 resources among those who contribute to its creation. This the Directive Principles call upon the state to try and secure ownership and control over resources to subserve the common good, reduce the concentration of wealth, ensure equal pay for equal work, and see that people, especially women and children, are not abused or forced by economic want into work unsuitable for their age or strength.

Political Justice implies that all citizens should have an equal opportunity to participate in the political system. One person-one vote is ensured irrespective not only of caste, sex, or religion but also of proprietary or educational qualifications. It is the basis of the political democracy envisaged in the Constitution.

Liberty

Liberty has been derived from the Latin word 'liber' which means free. The idea of Liberty came to the forefront with the French Revolution in 1789 and the leaders defined liberty as "the power to do like anything that does not injure another is liberty." In Indian context it denotes that the absence of restraints on the activities of individuals, along with providing opportunities for individual growth and development.

The Preamble seeks to secure for all citizens the fundamental rights of liberty of thought, expression, belief, faith, and worship, which are enforceable in a court of law.
Liberty, as conceived by the Preamble, is not absolute but qualified. It means that liberty does not mean ‘license’ to do whatever one likes or in layman’s language ‘absolute liberty’. Instead, it must be enjoyed within the limitations mentioned in the Constitution.

The same principle is reflected in Articles 25-28 of the Constitution which talk about the Right to Freedom of Religion and Article 19 (1) (a) which talks about the liberty in the field of expression.

Equality

Rights have no meaning if they cannot be enjoyed equally by all members of the community. To ensure that it is possible for all to enjoy these rights, social and economic equality is sought to be achieved. The Fundamental Rights enjoin the State not to discriminate between citizen and citizen simply on the basis of caste, race, sex or religion. Public places are open to all citizens, titles of honour stand abolished, untouchability is abolished, among other things. The rule of law is to prevail: all citizens are equal before the law and enjoy equal protection of the laws of the land. Political equality is provided by the principle of universal adult franchise and by allowing, at least in principle, any citizen the opportunity to participate in the process of governance. Economically, the same ability and work entitle persons to the same salary. The exploitation of an individual or group is to be removed.

The Preamble secures for all citizens of India equality of status and opportunity in three dimensions:

Civic Equality – The Fundamental Rights under the Right to Equality (Article 14-18) seek to ensure civil equality.
Political Equality – The two provisions of the Constitution related to elections, as mentioned in Article 325 and Article 326, seek to ensure political equality.
Economic Equality – The Directive Principles of State Policy, as mentioned in Article 39, directs the state to secure men’s and women’s equal rights to an adequate means of livelihood along with equal pay for equal work. This seeks to ensure economic equality.

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 unlike should not be treated alike. Likes should be treated alike. (Reference - Gauri Shankar Vs. Union of India, AIR 1995 SC 55). Equality is one of the magnificent cornerstones of Indian democracy (Reference - Indra Sawheny Vs. Union of India AIR 1993 SC 477). An equality status permeates the basic structure of the constitution. (Reference - Velamuri Venkata Sivaprasad Vs. Kothari Venkateswaralu AIR 2000, SC 434)

In the case of Randhir Singh v. Union of India (1982), the Supreme Court while taking into considerations the key words of Preamble, held that Article 39(d) of the Constitution also includes "equal pay for equal work", which is a constitutional right, irrespective of the gender. Our preamble expressly provides for providing equality of status and opportunity to its people and in pursuance to this, the court acknowledged equal pay for equal work as a constitutional right.

Fraternity

The term “fraternity” emphasizes the importance of fostering a sense of brotherhood and unity among all citizens. Fraternity, however, is not possible unless the dignity of everyone is preserved and respected. Maintaining this dignity requires the guarantee of certain minimal justiciable rights to everyone. The ensure that an individual is free from want and misery – without which freedom, ideas of self-respect and dignity are meaningless- the Directive Principles have been framed calling upon the State to from its policies to benefit all citizens equally in the matter of providing adequate means of livelihood. The State is also asked to provide just and humane conditions of work and create conditions in which a decent standard of life and full enjoyment of leisure and social and cultural opportunities become possible for all the people of this land. It is in keeping with the principle of individual dignity that the practice of untouchability has been abolished by the Constitution. In the context of fraternity, it may also be mentioned that India’s Constitution goes beyond national boundaries, and speaks of the ideal of universal brotherhood, an international fraternity with all nations and peoples coexisting in peace and amity.

The Preamble declares that fraternity must assure two things—the dignity of the individual and the unity and integrity of the nation.
The phrase ‘dignity of the individual’ signifies that the Constitution ensures material betterment and recognizes every person’s sacred individuality.
The phrase ‘unity and integrity of the nation’ embraces both the psychological and territorial dimensions of national integration. It aims at overcoming hindrances to national integration like communalism, regionalism, casteism, linguism, secessionism, and so on.

To conclude, it will not be wrong to say that the spirit or the ideology behind the Constitution is sufficiently crystallized in the preamble. 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. The drafters of the Constitution also drafted the Preamble as a mirror and an introduction of the same. It would not be wrong to say that the spirit of the Constitution is sufficiently summated in the Preamble.

Decoding the Preamble of Indian Constitution: Vision For Justice, Liberty, Equality and Fraternity

Preamble to the Constitution declares India to be a Sovereign, Socialist, Secular, Democratic, and Republic country committed to Justice, Equality and Liberty.