Preamble of the Indian Constitution
The Preamble is the introductory statement of the Constitution — its philosophy, source of authority, and objectives. Understand its keywords, amendability, and landmark cases.
Key Takeaways
- The Preamble is based on the Objectives Resolution moved by Jawaharlal Nehru (1946).
- The words Socialist, Secular and Integrity were added by the 42nd Amendment Act, 1976.
- In Kesavananda Bharati (1973) the Supreme Court held the Preamble IS a part of the Constitution and can be amended without altering the basic structure.
The Preamble is the introductory statement to the Constitution of India. It contains the summary or essence of the Constitution — N. A. Palkhivala called it the "identity card of the Constitution." It is based on the Objectives Resolution, drafted and moved by Jawaharlal Nehru on 13 December 1946 and adopted by the Constituent Assembly on 22 January 1947.
Text and Keywords
The Preamble declares India to be a Sovereign, Socialist, Secular, Democratic, Republic and secures to all its citizens Justice, Liberty, Equality and Fraternity.
| Keyword | Meaning |
|---|---|
| Sovereign | India is internally and externally free; not a dominion of any external power. |
| Socialist | A "democratic socialism" — a mixed economy where public and private sectors co-exist. Added by the 42nd Amendment (1976). |
| Secular | The State has no religion of its own; equal respect and protection to all religions. Added by the 42nd Amendment (1976). |
| Democratic | Government derives authority from the will of the people, expressed through elections. |
| Republic | The head of State (President) is elected, not hereditary. |
The four objectives secured to citizens are:
- Justice — social, economic and political (inspired by the Russian Revolution).
- Liberty — of thought, expression, belief, faith and worship.
- Equality — of status and of opportunity.
- Fraternity — assuring the dignity of the individual and the unity and integrity of the nation.
Is the Preamble a Part of the Constitution?
This question was settled through two landmark judgments:
- Berubari Union case (1960): The Supreme Court held that the Preamble is not a part of the Constitution.
- Kesavananda Bharati case (1973): The Court reversed its earlier stand and held that the Preamble is a part of the Constitution. This position was reaffirmed in the LIC of India case (1995).
However, two points are well settled: the Preamble is neither a source of power nor a source of prohibition — it is non-justiciable, meaning its provisions are not enforceable in courts.
Amendability of the Preamble
In Kesavananda Bharati, the Court held that the Preamble can be amended under Article 368, subject to the condition that the basic structure of the Constitution is not destroyed. The Preamble has been amended only once, by the 42nd Amendment Act, 1976, which added the words Socialist, Secular and Integrity.
Significance
- It indicates the source of authority of the Constitution — "We, the People of India."
- It states the nature of the Indian State.
- It specifies the objectives the Constitution seeks to establish and promote.
- It has been used by courts to interpret ambiguous provisions of the Constitution.
Prelims Pointers
- Preamble was enacted after the rest of the Constitution was finalised.
- Berubari Union case (1960): Preamble is NOT a part of the Constitution.
- Kesavananda Bharati case (1973): Preamble IS a part of the Constitution — overruled Berubari.
- The Preamble has been amended only ONCE — by the 42nd Amendment Act, 1976.
Mains Angle
- Discuss how the Preamble reflects the philosophy and fundamental values of the Constitution.
- 'The Preamble is the identity card of the Constitution.' — evaluate.
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