Preamble of the Constitution
Examine the preface to the Indian Constitution, detailing its ingredients, key terms (Sovereign, Socialist, Secular, Democratic, Republic), significance, and amendability.
1. Ingredients & Text of the Preamble
The Preamble is based on the 'Objective Resolution' drafted and moved by Pandit Nehru and adopted by the Constituent Assembly. It reveals four key ingredients:
- Source of Authority: The Preamble states that the Constitution derives its authority from the People of India.
- Nature of Indian State: It declares India to be a Sovereign, Socialist, Secular, Democratic, and Republican polity.
- Objectives of the Constitution: It specifies Justice, Liberty, Equality, and Fraternity as the objectives.
- Date of Adoption: It stipulates November 26, 1949, as the date of adoption.
The original text calligraphed by Prem Behari Narain Raizada represents a commitment to social justice and democratic freedom. It serves as the constitutional touchstone to determine if a law is in accordance with the spirit of the constitution.
2. Key Terms in the Preamble Explained
To master the Preamble, you must understand the constitutional definition of each keyword:
- Sovereign: India is an independent state, neither a dependency nor a dominion of any other nation. It is free to conduct its own internal and external affairs.
- Socialist: India adopts a 'Democratic Socialism' (mixed economy where public and private sectors co-exist) rather than Communistic Socialism (state control over all means of production). The Supreme Court states it aims to end poverty, ignorance, disease, and inequality.
- Secular: The Indian Constitution embodies the positive concept of secularism—all religions in our country (irrespective of their strength) have the same status and support from the state (Articles 25 to 28).
- Democratic: A representative parliamentary democracy where the executive is responsible to the legislature. It encompasses social and economic democracy, not just political democracy.
- Republic: The head of the state (President) is always elected (indirectly for a fixed term of 5 years) and not a hereditary monarch. There is also an absence of any privileged class.
3. Significance & Judicial Interpretation (Part of Constitution?)
The debate on whether the Preamble is part of the Constitution has been settled through several landmark cases:
| Judicial Case |
Year |
Supreme Court Ruling |
| Berubari Union Case |
1960 |
Declared that the Preamble shows the general purpose of the Constitution, but it is NOT a part of the Constitution. |
| Kesavananda Bharati Case |
1973 |
Overruled the 1960 verdict. Held that the Preamble IS a part of the Constitution and can be used to interpret ambiguous areas. It forms part of the 'Basic Structure'. |
| LIC of India Case |
1995 |
Reaffirmed that the Preamble is an integral part of the Constitution. |
Important points to remember:
- The Preamble is neither a source of power to the legislature nor a prohibition upon the powers of legislature.
- It is **non-justiciable**, meaning its provisions are not enforceable in courts of law.
4. Amendability under Article 368
Can the Preamble be amended under Article 368 of the Constitution?
This question arose for the first time in the historic Kesavananda Bharati Case (1973). The Supreme Court held that since the Preamble is part of the Constitution, it can be amended under Article 368. However, the court ruled that the basic elements or fundamental features of the Constitution contained in the Preamble cannot be altered or destroyed by any amendment.
The 42nd Amendment Act (1976):
The Preamble has been amended only once. This amendment added three new words:
- Socialist
- Secular
- Integrity
This amendment was upheld as valid by the Supreme Court.
Historical Timeline of the Preamble
- Dec 13, 1946 — Objective Resolution: Jawaharlal Nehru introduces the 'Objective Resolution' in the Constituent Assembly, outlining the philosophical foundations of the future Constitution.
- Nov 26, 1949 — Adoption of the Constitution: The Constituent Assembly adopts the Constitution including the Preamble, which acts as the preface.
- 1960 — Berubari Union Case: The Supreme Court declares that the Preamble is NOT a part of the Constitution, although it acts as a key to open the minds of its makers.
- 1973 — Kesavananda Bharati Case: The Supreme Court overrules its previous stance, declaring that the Preamble IS a part of the Constitution and can be amended under Article 368, provided the 'Basic Structure' remains intact.
- 1976 — 42nd Constitutional Amendment: The Preamble is amended for the first and only time. The terms 'Socialist', 'Secular', and 'Integrity' are added.
- 1995 — LIC of India Case: The Supreme Court once again held that the Preamble is an integral part of the Constitution of India.
Key Questions & Answers
- Is the Preamble justiciable in a court of law?
- **No**, it is non-justiciable. Its provisions are not enforceable in courts of law, meaning you cannot sue the government if these ideals are not met.
- Who called the Preamble the 'Identity Card of the Constitution'?
- **N.A. Palkhivala**, an eminent jurist and constitutional expert.
- Where does the Preamble derive its ultimate authority from?
- From the **People of India**, as indicated by the opening words: *"We, the People of India..."*.
- What are the three types of Justice secured by the Preamble?
- **Social, Economic, and Political Justice**. They are borrowed from the Russian Revolution (1917).
Memory Aids
- Mnemonic 1: The Order of Five Key Keywords: Recalls the exact sequence of the five major words defining the nature of the Indian State: 1. **SO** — Sovereign 2. **SO** — Socialist 3. **SE** — Secular 4. **DE** — Democratic 5. **RE** — Republic
- Mnemonic 2: Core Values and Objectives: Recalls the four objectives stated in the Preamble: • **J** — Justice (Social, Economic, Political) • **L** — Liberty (of thought, expression, belief, faith, worship) • **E** — Equality (of status and of opportunity) • **F** — Fraternity (assuring dignity of the individual and unity/integrity of the nation)
- Mnemonic 3: Added Words (42nd Amendment): Recalls the three words added by the 42nd Amendment Act in 1976: • **S** — Socialist • **I** — Integrity • **S** — Secular
Common Exam Traps
- Trap 1: Thinking that the Preamble can override the specific provisions of the Constitution. It does not confer any independent power; it is only used by courts to interpret ambiguous provisions.
- Trap 2: Believing the words 'Socialist', 'Secular', and 'Integrity' were present in the original 1950 Preamble. They were added via the 42nd Constitutional Amendment Act, 1976.
- Trap 3: Confusing the source of ideals. Remember: **Liberty, Equality, and Fraternity** were borrowed from the **French Revolution** (1789), whereas **Justice (Social, Economic, Political)** was borrowed from the **Russian Revolution** (1917).
- Trap 4: Believing that the Preamble is neither a source of power nor a part of the Constitution. While it is not a source of power to legislature, it IS an integral part of the Constitution (as ruled in the Kesavananda Bharati Case).