Preamble

of
The Constitution of India

The significance of the Preamble of the Indian

Constitution, exploring its key elements, historical
context, landmark cases, and memorization tricks.
PREAMBLE प्रस्तावना
 Introduction to the Preamble
Definition Purpose
The Preamble is the introductory statement of the It acts as the essence of the Constitution,
Constitution that outlines the guiding principles and summarizing its objectives and ideals.
philosophy of the Constitution.

Inspiration Key Idea

Derived from the Objectives Resolution moved by It declares India as a Sovereign, Socialist, Secular,
Jawaharlal Nehru in 1946. Democratic, and Republic.
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.
 Historical Background
 CONSTITUENT ASSEMBLY:

 The Constituent Assembly, comprising 299 members, drafted the Constitution between 1946 and 1950.
 The Preamble reflects the ideals deliberated during its sessions and serves as an introduction to the Constitution.

 INSPIRATION FROM OTHER CONSTITUTIONS:

• The Indian Preamble drew inspiration from the Objectives Resolution drafted by Jawaharlal Nehru and
adopted by the Constituent Assembly in 1947.
• Nehru’s Objectives Resolution laid the foundation for the Preamble, declaring India's commitment to
sovereignty, democracy, justice, and human dignity.
• Indian Preamble was influenced by the U.S. Constitution (concept of Preamble) and ideals from French
Revolution (liberty, equality, fraternity).

 ADOPTION:

 The Preamble was adopted on November 26, 1949, and came into effect on January 26, 1950.
 The Preamble encapsulates the philosophical, social, and political ideals that guided India’s freedom struggle
and national development.
 It is worthwhile to note preamble was adopted by the constituent assembly after the draft of constitution

had been adopted.

 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.

 After the transfer of power, the Constituent Assembly became sovereign. However, with the adoption of

the Constitution, sovereign power now lies with the people of India. As reflected in the words 'We, the

people of India … adopt, enact, and give to ourselves this Constitution' in the Preamble.

 It implies that the Preamble emanated from the People of India and the sovereignty lies with them.
 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.
 Initially, the Preamble was drafted by the Sh. B. N. Rau in his memorandum of May 30, 1947. In the context

of the deliberation by the constituent assembly, the preamble was reformulated.

 The committee added the word Fraternity which was not present in the Objective Resolution.
Key Elements of the
Preamble
Justice Liberty
Social, economic, and political Protecting freedom of thought,
justice aim to remove social
expression, belief, faith, and
inequalities, reduce wealth
disparities, and ensure equal worship is crucial for individual
participation in governance. autonomy.

Equality Fraternity
Equal opportunities for all Ensuring national unity and
promoting dignity among
citizens without discrimination
individuals.
are essential for a fair and just
Strengthens the feeling of
society. brotherhood and harmony
among diverse groups.
Unity and Integrity Sovereign, Democratic,
Socialist, Secular, Republic
• Unity: A commitment to
• Sovereign: Independent
ensuring that the nation • Democratic: Government by
authority to make internal
remains united despite its and external decisions the people, highlighting
diversity. without external electoral participation and
interference, symbolizing
• Integrity: Promotes the decision-making by citizens.
national independence.
ethical and moral • Socialist: Economic equality
responsibility of individuals ensuring the reduction of • Republic: Elected head of
to uphold the nation’s wealth disparity, reflecting state ensuring leadership
equitable distribution of
cohesion and solidarity. chosen by the people, not
resources.
hereditary monarchy.
• Secular: Religious freedom
guaranteeing all citizens the
right to practice, propagate,
and profess their religion.
 Objectives of the Preamble
 Declaration of Rights and Freedoms
• The Preamble declares the fundamental rights and freedoms intended to be secured for all citizens,
ensuring justice, liberty, equality, and fraternity.

 Enacting Clause
• It contains the enacting clause, which formally brings the Constitution into force, signifying the adoption of
the Constitution by the people.

 Foundation of Governance and Policy

• It outlines the basic type of government and policies to be established in the country, reflecting the
principles of sovereignty, socialism, secularism, democracy, and republicanism.

 Guiding Principles
• While the Preamble does not grant any specific power, it provides direction and sets the purpose of the
Constitution, guiding its interpretation and implementation.
 Objectives, Aims, and Purpose
• It explicitly states the objectives, aims, and purposes of the Constitution, serving as a vision for what the
nation seeks to achieve.

 Source of Authority
• The Preamble emphasizes that the power and authority of the Constitution are derived from the people of
the country, reaffirming their sovereign will.

 Unity and Integrity

• It stresses the importance of maintaining the unity and integrity of the nation, fostering a spirit of national
integration and brotherhood.

 Comprehensive Vision
• The Preamble encapsulates the spirit of the Constitution, offering a comprehensive vision of the socio-
political and economic ideals the nation aspires to achieve.
 Dr. B.R. Ambedkar Jawaharlal Nehru N.A. Palkhivala
The Preamble is the most precious part The Preamble reflects the dreams and The Preamble embodies the ideals of
of the Constitution. It is the soul of the aspirations of the founding fathers of the Constitution and the spirit of the
Constitution. It lays down the the Constitution and serves as the nation. It is the key to the minds of the
philosophy on which the Constitution is guiding star of the nation. makers of the Constitution
built
 Dr. Rajendra K.M. Munshi H.M. Seervai
Prasad The Preamble is a declaration of The Preamble is not just a part of the
The Preamble is an epitome of the sovereignty and a symbol of India’s Constitution but its very foundation
ideals cherished by the people of India resolve to achieve social, economic, and and the mirror of its objectives
and the essence of the entire political justice
Constitution
 Justice Sikri Justice Y.V. Granville Austin
(Kesavananda Bharati Case, 1973) Chandrachud The Preamble is the philosophy of the
(Minerva Mills Case, 1980) Constitution. It reflects the framers'
The Preamble is a part of the
vision of building a just, equitable, and
Constitution and expresses its basic The Preamble stands as a sentinel of the
harmonious society
structure and spirit. It is the repository of Constitution, embodying its essential
the ideals and aspirations of the people philosophy and values
of India
Amendment to the Preamble
42nd Amendment Act, 1976( The ONLY Amnendment to preamble)
Added "Socialist," "Secular," and "Integrity" to the Preamble, reflecting evolving social and
political aspirations.

Significance
The amendments strengthened India's commitment to inclusivity and secularism, reflecting the
nation's evolving values.
Landmark Cases Related to the Preamble

Berubari Union Case (1960)

Kesavananda Bharati Case (1973)

42nd Amendment(1976)

Indira Gandhi v. Raj Narain(1975)

S.R. Bommai Case(1994)

LIC of India Case (1995)

 Berubari Union Case,
formally known as In Re: Berubari Union and Exchange of Enclaves

AIR 1960 SC 845, [1960] 3 SCR 250

Bench Composition : Chief Justice: B.P. Sinha Justices: A.K. Sarkar, J.C. Shah, K.C. Das Gupta, K. Subba Rao, M.
Hidayatullah, P.B. Gajendragadkar, S.K. Das

• Issue: Whether the Preamble is a part of the Constitution and can be used to interpret constitutional provisions.
• Judgment: The Supreme Court ruled that the Preamble is not a part of the Constitution, although it serves
as a guiding principle for interpreting its provisions. This conclusion was based on the understanding that
while it reflects the intentions of the framers, it does not have legal force in itself.
• Impact: The Preamble was seen as an introductory statement with no legal enforceability.
 Kesavananda Bharati Case (1973)
His Holiness Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr.

• Citation: AIR 1973 SC 1461; (1973) 4 SCC 225; [1973] Supp. (1) S.C.R. 1
• Decided On: April 24, 1973
• Bench: 13 J.B (7:6 majority decision) Chief Justice: S.M. Sikri Justices: A.N. Grover, A.N. Ray,
D.G. Palekar, H.R. Khanna, J.M. Shelat, K.K. Mathew, K.S. Hegde, M.H. Beg, P. Jaganmohan
Reddy, S.N. Dwivedi, Y.V. Chandrachud
• Dissenting judges : A.N. Ray, D.G. Palekar, K.K. Mathew, M.H. Beg, S.N. Dwivedi, Y.V. Chandrachud
• Issue: Whether Parliament has unlimited power to amend the Constitution, including
the Preamble?
• Judgment: Overruled the Berubari Union Case and held that the Preamble is a part of the
Constitution. However, it is not an independent source of power but serves as a guiding
principle.
• Impact: Established the Basic Structure Doctrine, stating that Parliament cannot amend
the basic features of the Constitution.
 I.C. Golaknath and Ors. v.
State of Punjab and Anrs. (1967)
• Citation: Citation: AIR 1967 SC 1643; (1967) 2 SCR 762
• Decided On: February 27, 1967
• Bench: 6:5 (11J.B) Chief Justice: K. Subba Rao Justices:M.H. Beg, J.C. Shah, S.M. Sikri, J.M. Shelat, Justice
Hiddayatullah, R.S. Bachawat, V. Ramaswami, and C.A. Vaidiyalingam, Justices K.N. Wanchoo, Vishistha
Bhargava, and G.K. Mitter.
• Issue: The key issue was whether Parliament had the authority to amend fundamental rights
under Part III of the Indian Constitution, particularly through Article 368.
• Judgment: The Supreme Court ruled in a 6-5 majority that:
• Parliamentary Power: Parliament cannot amend fundamental rights, which are considered
inviolable.
• Judicial Review: Amendments under Article 368 are subject to judicial review under Article
13(2), making any law that violates fundamental rights void.
• Prospective Overruling: The decision established that while past amendments were upheld,
future amendments affecting fundamental rights would be invalid.
• Impact: The Golaknath case reinforced the idea that fundamental rights are integral to the
Constitution's basic structure, as reflected in the Preamble. It emphasized that any amendment
infringing upon these core values would be unconstitutional, thereby solidifying the Preamble's
role as a guiding principle for constitutional interpretation and protecting democratic values in
India.
 Indira Gandhi v. Raj Narain & Anr.(1975)

AIR 1975 SC 2299; (1975) 2 SCC 159; [1976] 2 SCR 347

• Decided On: November 7, 1975
• Chief Justice: A.N. Ray Justices: H.R. Khanna, K.K. Mathew, M.H. Beg, Y.V. Chandrachud
• Issue: Whether the Preamble can be considered when deciding constitutional
amendments affecting democracy?
• Judgment: "Preamble reinforces Democracy as a Basic Feature"
 The Supreme Court ruled that Democracy is a basic feature of the Constitution.
 Any amendment violating democratic principles would be unconstitutional.
• Impact: Strengthened the Kesavananda ruling and the idea that the Preamble reflects the
Constitution's core philosophy.
 S.R. Bommai v. Union of India (1994)
AIR 1994 SC 1918; (1994) 3 SCC 1; [1994] 2 SCR 644

• Decided On: March 11, 1994

• Bench- 9 J.B - Chief Justice: A.M. Ahmadi Justices: Kuldip Singh, P.B. Sawant, K.
Ramaswamy, S.C. Agarwal, Yogeshwar Dayal, B.P. Jeevan Reddy, S.R. Pandian
• Issue: Whether the principles in the Preamble, such as secularism, are enforceable in
governance?
• Judgment: Reaffirmed that the Preamble is an integral part of the Constitution and
should guide constitutional interpretation. Secularism is a part of the Basic Structure,
derived from the Preamble. The President can take action if a state government violates
secular principles.
• Impact: Strengthened the Basic Structure Doctrine, emphasizing that core values like
secularism and federalism cannot be altered. Establishing that key Preamble ideals are
judicially enforceable.
 LIC of India v. Union of India (1995)
AIR 1995 SC 1811; (1995) 5 SCC 482; [1995] Supp. (1) S.C.R. 349

• Decided On: May 10, 1995

• Chief Justice: K. Ramaswamy Justices: B.L. Hansaria, M.M. Punchhi
• Issue: Can the Preamble be used to interpret constitutional provisions?
• Judgment: The Supreme Court ruled that the Preamble is a key part of the Constitution,
the Preamble is a legitimate aid to interpreting the Constitution and can be used to
understand its objectives. It reflects the spirit of the Constitution and must be considered
in judicial decisions.
• Impact: Reaffirmed Kesavananda and S.R. Bommai that the Preamble is part of the
Constitution and must guide its interpretation.
• Is the Preamble part of the Constitution?

❌ No (Berubari, 1960) → ✅ Yes (Kesavananda, 1973 & later cases).

• Is the Preamble enforceable in court?

❌ No (Berubari, Kesavananda) → ✅ Partially Yes for secularism, democracy

(S.R. Bommai, 1994).
• Can the Preamble be amended?
✅ Yes, but Basic Structure cannot be altered (Kesavananda, 1973).
Example: 42nd Amendment (1976) added "Socialist," "Secular," and "Integrity" but did not
change the Basic Structure.
 Interpretation and Relevance
Judicial Interpretation Contemporary Relevance
The Preamble serves as a guiding principle in The Preamble promotes inclusivity and equality in
constitutional interpretation, ensuring that laws and modern India, serving as a moral compass for
amendments align with the spirit of the Constitution. governance and law-making.
 Preamble as a Reflection of Indian
Ideals
1 Unity in Diversity

2 Democratic Ethos

3 Impact on Policy Making

The Preamble reflects the pluralistic ethos of India, upholding the principles of popular sovereignty and
representative governance. While both the Indian and US Preambles emphasize people's sovereignty, the
Indian Preamble uniquely incorporates socialist and secular elements.