Preamble of the Constitution

The American Constitution was the first to begin

with a Preamble.
z Objective Resolution: Preamble to the Indian
Constitution is based on the ‘Objective Resolution’,
drafted and moved by Pandit Nehru, and adopted
by the Constituent Assembly.
z Amended only once: 42nd Constitutional
Amendment Act (1976) added three new words–
“Socialist”, “Secular” and “Integrity”.
z Embodies the basic philosophy and fundamental
values: political, moral and religious on which the
constitution is based.
z Contains the grand and noble vision of the Constituent
Assembly, and reflects the dreams and aspirations
of the founding fathers of the Constitution.
z Neither a source of power to the legislature nor a
prohibition on powers of legislature.
z It is non-justiciable - non enforceable in courts of
law.
z Preamble was enacted by the Constituent Assembly
after the rest of the Constitution was already
enacted to ensure its conformity with the Constitution.
z It contains the grand and noble vision of the Constituent
COMPONENTS OF PREAMBLE
 SIGNIFICANCE OF PREAMBLE
Horoscope of the Indian democratic republic;
z Philosophy of the Constitution;
z Summary of the Indian Constitution;
z Identity card of our Constitution (N. A Palkhivala);
z Key to the mind of the Constitution makers;
z Beacon light for the judiciary to decide the
constitutionality of law.
KEYWORDS
Sovereign
IN PREAMBLE
z Complete independent State; Not a dominion of
any other country; Sovereign in internal & external
matters; As a sovereign country, India can acquire a
foreign territory or cede a part in favor of any other
country.
B. Socialist
z Added by 42nd amendment (1976); Socialist
contents are implicit in DPSPs (Article: 36-51) but
42nd amendment mentioned it explicitly.
z Indian Socialism (Marxism + Gandhism, heavily
leaning towards Gandhism).
Democratic Socialism.
z Adopted Mixed Economic model (public & private
sector coexist side by side).
Secular
z Added by 42nd amendment (1976); Part of basic
structure doctrine.
z Supreme Court (1974): Secular State was implicitly
mentioned in Art. 25-28.
Democratic
z It implies the Doctrine of popular sovereignty or the
possession of supreme power by the people.
z Indian democracy: Representative Parliamentary
democracy; Executive is responsible to the legislature.
z Embraces: Political, Social, and Economic
democracy.
z Manifestation of Indian Democracy: Universal adult
franchise, periodic elections, rule of law, independence
of judiciary and absence of discrimination on certain
grounds.
E. Republic
z Two Categories: Monarchy (Britain) & Republic
(USA/ India).
z Indian republic: Head of State (President) is indirectly
elected.
z Republic means: Vesting political sovereignty in
people. Absence of any privileged class and all public
offices open to all without any discrimination.
z Article 54 and 55: related to the election of the
President.
F. Justice
z Taken from the Russian Revolution (1917).
z Embraces three types of justice: Social, Economic,
Political.
z Distributive Justice = Social Justice + Economic
Justice.
z Social:
 Equal treatment of all citizens without any social
distinction based on caste, color, race, religion, sex
etc.
 Absence of privileges to any particular section.
 Improvement in the conditions of backward
G. Liberty
z French Revolution (1789): Ideals of liberty, equality,
fraternity.
z Absence of restraints on the activities of individuals.
z Providing opportunities for the development of
individual personalities.
z Preamble secures: liberty of thought, expression,
belief, faith & worship.
z Liberty does not mean the license to do what one
likes. Need to be enjoyed within limitations mentioned
in the constitution.
z Liberty is ensured in preamble & Fundamental Rights
is not absolute but qualified.
H. Equality
z Absence of special privileges to any section of society.
z Adequate opportunities for all without discrimination.
z Preamble secures: Equality of status and opportunity.
z Civic Equality
 Art.14: Equality before law.
 Art.15: Prohibition of discrimination on grounds
of religion, race, caste, sex, place of birth.
 Art.16: Equality of opportunity in public
employment.
 Art.17: Abolition of untouchability.
 Art.18: Abolition of titles.
z Political Equality
 Art.325: No one is ineligible for inclusion in the
electoral rolls on the grounds of religion, race,
caste or sex.
 Art.326: Lok Sabha & state assembly elections
based on adult franchise.
z Economic Equality
 Art.39: Equal right to adequate means of livelihood
& equal pay for equal work to men and women
I. Fraternity
z Sense of brotherhood. Single Citizenship promotes
fraternity.
z Article 51A: Fundamental duty of every citizen to
promote harmony and spirit of common brotherhood
transcending religious, linguistic, regional or
sectional diversities.
z Fraternity: dignity of individual (personality of every
individual is sacred) and unity & integrity of India.
(Word “Integrity” is added through 42nd CAA).
z Dignity of individuals is ensured in Fundamental
Rights, DPSPs, Fundamental Duties.
z Unity & integrity of nation embraces: both
psychological and territorial dimensions of national
integration.
J. Union of Trinity
z Union of Trinity = Liberty + Equality + Fraternity.
z All above three form a union of trinity. If any of these
is divorced from others it will defeat the purpose of
democracy.
z Without equality, liberty would produce the supremacy
 AMENDABILITY OF PREAMBLE

z Whether the preamble can be amended or not was

dealt in Kesavananda Bharati Case (1973).
z The Supreme Court reversed its verdict in Berubari
Union Case (1960) and held that Preamble is an
integral part of the Constitution and it can be
amended under Article- 368. However, such an
amendment should not destroy the ‘Basic Structure’
of the Constitution.