January 26

Preamble 1950
Constitutional
Chapter 1 Law - I
1) (a) Discuss the nature and significance of the Preamble to the
Constitution of India. (10/8) [2015, 2017, 2018, 2021, 2023,
Or,
Explain the terms "Sovereign", "Democratic", "Socialist" and
"Secular". (8) [2016,
(b) What purpose does the preamble serve? (6) [2015,
2) (a) Write a note on the different objectives enshrined in the
Preamble to the Constitution of India. (8) [2016, 2019, 2022, 2024,
(b) Discuss the following: (8) [2017,
(i) Preamble whether a part of the Constitution. (2/4) [2017, 2019,
2021, 2022, 2024,
(ii) Whether the Preamble can be amended.(2/4) [2017, 2019, 2022,
2024,
(iii) Preamble how far useful in interpreting the Constitution. (4/6)
[2017, 2018, 2021, 2023,

1) (a) Discuss the nature and significance of the Preamble to the

Constitution of India. (10/8) [2015, 2017, 2018, 2021, 2023,
Or,
Explain the terms "Sovereign", "Democratic", "Socialist" and
"Secular". (8) [2016,
A)

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  Meaning:

The term 'Preamble' means the introduction to the Statute and sets out the main
objective which the legislation is intended to achieve. It is called fundamental
instrument and talks about enacting clause when it was enacted.

"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."

 Origin:

The Preamble of the Indian Constitution is based on the "Objective resolution"

written by Jawaharlal Nehru which was introduced 13th December, 1946 and
accepted on 22nd January, 1947 by the Constituent Assembly.

On 26th November, 1949, the Constituent Assembly of India adopted to the

Constitution of India and it came into effect on 26th January 1950.

 Scope:

Preamble to the Indian Constitution is not enforceable by Courts and is non-

justifiable. It serves the guidelines in case of any ambiguity or uncertainty; the
preamble can be used by the Courts to interpret any provision of that Statute.

 Nature of Preamble to the Constitution:

1) Sovereignty:

Sovereignty confers 'We the people of India'. Sovereignty is the supreme or

ultimate authority within a territory. Sovereign power is absolute and uncontrolled.
India is a sovereign country that means no foreign country has the right to interfere
in the internal and external matters of India.

 External Sovereignty means the Sovereignty in International Law which

means the independence of the State against other States.
 Internal Sovereignty is the right of a nation to be free of internal forces of
disruption to its rights and freedoms to exercise the internal governance of
its society and territories.

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  Article 51A(c) provides that it shall be the duty of every citizen of India to
uphold and protect the sovereignty, unity and integrity of India.

2) Socialist:

The word 'Socialist' has been added by the 42nd Amendment of the Constitution
Act, 1976. The term 'economic justice' in the preamble denotes nothing but India's
resolve to bring socio-economic revolution.

 Article 39(b) and Article 39(c) of the Constitution are characters of Social
and economic liberties of the people.

The word 'Socialism' has been used in both types of Constitution -

i. Communist theory - it refers the means of production is wholly or partially

controlled by the State.
ii. Democratic theory - it indicates the ideas of a 'Welfare State' which would
prevent only excess of exploitation and free competition without destroying
individual initiative and without detriment to the political freedom.

Therefore, the term 'Socialist' indicates the goal of the State in India is to secure 'a
better life for people' or 'equality of opportunity'.

 Judicial references:
 In Excel wear v. Union of India AIR 1979 SC 25, it was held that the effect
of adding the word socialist is that the Court should give more effect to
nationalisation and State-ownership. In brief, our Socialism is a unique
combination of Marxism.
 In D.S. Nakara v. Union of India AIR 1983 SC 130, the Court observed
that 'the basic framework of Socialism is -
o to eliminate inequality in income and status and standard of life.
o to provide a decent standard of life to the working people and
especially provide security from cradle to grave.
 In Air India Statutory Corporation v. United Labour Union 1997, the
Supreme Court elaborated the concept of 'Socialism' and stated the word
Socialism was expressly brought in the Constitution to establish an
egalitarian social order through rule of law as its basic structure.

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3) Secular:

The term 'Secular' inserted by the Constitution (42nd Amendment) Act, 1976
explains that the State does not recognise any religion as a State religion. It treats
all religion equally. In matters of religion, the State is neutral. It neither promotes
nor practices any particular religion, not it interferes with any religious practice.

 Articles 25 to 28 of the Constitution guarantee to every person the freedom

of conscience and the right to profess, practice, and propagate religion.
 Judicial references:
 In St. Xavier's College v. State of Gujarat (1974), the Court said that
secularism is neither anti-God not pro-God. It means elimination of God
from the matters of the State.
 In S.R. Bommai v. Union of India (1994), it was held that "Secularism is
the basic feature of the constitution.
 In Aruna Roy v. Union of India, the Supreme Court has said that
Secularism has a positive meaning that is developing, understanding and
respect towards different religions.

4) Democratic:

The term 'Democratic' is derived from the Greek words where 'demos' means
'prople' and 'kratos' means 'authority' which concludes that the government is
constructed by the people.

The people of India elect their governments through free, fair and periodic
elections at all levels Union, State and local by a system of Universal Adult
Franchise; popularly known as 'One man one vote'. The democratic set up can be
of two types:-

a. Direct democracy - it means the legal and political sovereignty vests

in the people, as is the case in Switzerland.
b. Indirect democracy - it means the representatives of people who
exercise the power of legal as well as political sovereignty. The Indian
Constitution we have adopted indirect or representative system of
democracy.

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  In the case of Mohan Lal v. District Magistrate of Ral Bareilly (1992), the
Court stated that Democracy is a philosophical topic. Every citizen is equal
before the law in the democratic form of government.
 In the case of Union of India v. Association of Democratic Reforms (2002),
the Court states that the basic requirement of a successful democracy is
awareness of the people. A democratic form of Government cannot survive
without fair elections as fair elections are the soul of democracy.

5) Republic:

The term 'Republic' is obtained from 'res publica' that means public property or
commonwealth. A Republic means a form of government in which the Head of the
State is an elected person and not a hereditary monarch like the King or Queen in
Great Britain. The Constitution of India sets up in India a 'republican form of
government ' in which the ultimate power resides in the body of the people,
enfranchised by universal adult suffrage. The President of India, who is the
Executive Head of the State, is elected by the people though indirectly, who holds
office for a term of five years.

Significance of Preamble
The Preamble to the Indian Constitution holds immense significance as it serves as
the moral and philosophical foundation of the document. It outlines the guiding
principles and aspirations that shape the Indian state and society.

1) Guiding principles:

The Preamble serves as the moral compass of the Indian Constitution. It provides
the guiding principles that help interpret the provisions of the Constitution.

2) Unity in Diversity:

The Preamble emphasises the principle of ‘Fraternity’, promoting unity among

India’s diverse cultural, linguistic, religious, and social groups.

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3) Constitutional identity:

The Preamble defines the essential identity of the Indian Constitution. It sets the
tone for the entire legal framework and the subsequent articles and provisions in
the Constitution.

4) Defines the Objectives:

It highlights the goals of the Indian state, including Justice, Liberty, Equality, and
Fraternity.

5) Defines the natures:

It establishes India’s nature as a sovereign (independent), socialist (committed to

social welfare), secular (equal treatment of all religions), and democratic republic
(people elect their government).

6) Reflection of Historical Struggles:

The Preamble pays homage to the sacrifices and struggles of the Indian people in
their fight for independence and justice.

7) Source of Authority:

It declares that the Constitution derives its authority from the people of India.

8) Reflects the Constitution’s Spirit:

It embodies the fundamental values and principles on which the Constitution is

based.

(b) What purpose does the preamble serve? (6) [2015,

A)

The Preamble indicates that the validity behind the constitution is from the people
of the country itself. It reflects the Democratic, sovereign and secular character of
the country. Indian Preamble nurtures the objectives set out within the scope of the
constitution. It sets out clear objectives and goals for all classes of people who
strive to achieve equal status. The Preamble to the Indian Constitution serves
several key purposes:
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i) Source of Authority:

It establishes that the Constitution derives its authority from the people of India,
emphasizing popular sovereignty.

ii) Nature of the State:

It declares India as a Sovereign, Socialist, Secular, and Democratic Republic,

outlining the fundamental characteristics of the Indian state.

iii) Objectives:

The Preamble specifies the main objectives of the Constitution, which include
securing Justice (social, economic, and political), Liberty (of thought, expression,
belief, faith, and worship), Equality (of status and opportunity), and promoting
Fraternity to maintain unity and integrity among citizens.

iv) Guiding Principles:

It acts as a guiding framework for interpreting the Constitution, helping to clarify

ambiguities in its articles.

v) Moral Compass:

The Preamble serves as a moral compass for lawmakers and policymakers,

reminding them of the overarching goals they must strive to achieve in governance.

vi) Historical Context:

It reflects the historical aspirations and values that inspired its creation, providing
insight into the intentions of the framers.

 In Union of India v. Madangopal (1954) referred to the words "We The

people of India' in the preamble and observed that our Constitution, as
appears from the preamble, derives its authority from the people of India.

While the Preamble is not legally enforceable, it serves as a philosophical

foundation for the Constitution and a moral compass for governance.

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2) (a) Write a note on the different objectives enshrined in the
Preamble to the Constitution of India. (8) [2016, 2019, 2022, 2024,
A)

The main objective in the preamble of the Indian Constitution is to promote

harmony throughout the nation. The following are the objectives which the
preamble secures to every citizen:-

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.

1) Justice:

The term Justices comprises of three elements that complete the definition, which
is social, economic and political. Justice is promised through various provisions of
Fundamental Rights and Directive Principles of State Policy provided by the
Constitution of India under Articles 14, 15, 16, 17, 18, 38, 39, 40 42, 43A for
Justice in social and economic, and Article 326 for justice in political.

a) Social Justice:

Social justice means the abolition of all sorts of inequities which may result from
the inequalities of wealth, opportunity, status, race, religion, caste, title and the
like.

Social justice enables the Courts to uphold legislation-

a. to remove economic inequalities;

b. to provide a decent standard of living to the working people;
c. to protect the interests of the weaker sections of the society.

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  In Dalmia Cement (Bharat) Ltd. v. Union of India AIR 1996 explained in
the comprehensive form to remove social imbalances by law harmonising
the rival claims or the interests of different groups and/or sections in the
social structure or individuals by means of which alone, it would be possible
to build a Welfare State.

b) Economic justices:

The expression 'economic justice' means justice from the Standpoint of economic
force. In short, it means equal pay for equal work, that every person should get his
just dues for his labour, irrespective of his caste, sex or social status.

The ideal of economic justice is to make equality of status meaningful and the life
worth living, at its best, removing inequality of opportunity and of status - Social,
economic and political.

c) Political justice:

Political justice means the absence of any unreasonable or arbitrary distinction

among men in political matters. The Constitution has adopted the system of
universal adult suffrage, to secure political justice. It means all the people have an
equal, free and fair right without any discrimination to participate in political
opportunities.

 Article 326 of the Constitution of India provided political justice.

 Article 38(1) of the Constitution also said that the state shall strive to
promote the welfare of the people by securing and protecting as effectively
as it may a social order in which justice, social, economic and political, shall
inform all the institutions of the national life.

2) Liberty:

The term Liberty means freedom for the people to choose their way of life, have
political views and behaviour in society. Liberty does not mean freedom to do
anything; a person can do anything but in the limit set by the law.

It is used both negative as well as positive sense. As a negative concept, liberty

means absence of all undue or arbitrary interference with individual's action on the
part of the state. In positive sense, 'liberty' comprises of liberties or rights which
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are considered essential for an individual to attain his potentialities and for the
perfection of the national life.

Article 19 to 25 of the Constitution considers the liberty mentioned in the

Preamble. The Constitution professes to secure the liberty of thought, expression,
belief, faith and worship, which are regarded essential to the development of the
individual and the Nation.

3) Equality:

Equality is secured to the people of India by abolishing all distinctions or

discriminations by the State, between citizen and citizen, on the ground of religion,
race, caste, sex or place of birth and by throwing open 'public places' to all
securing equality of opportunity in the matters relating to employment or
appointment to any office under the State.

However, the right of equality is provided not as absolute equality but subject to
rational discrimination, for example as provided in Articles 14,15, 16, 17 and 18 of
the Constitution of India provided 'right to equality' to every citizen.

4) Fraternity:

'Fraternity' means a spirit of brotherhood, brotherliness, a feeling that all people are
children of the same soil, the same motherland. This term was added to the
Preamble by the Drafting Committee of the Constituent Assembly. This object was
inserted in the Article 1 of Declaration of Human Rights' of United Nations
Organisation.
The phrase "Unity and Integrity of the Nation" was substituted for 'Unity of the
Nation' by the 42nd Amendment Act, 1976. The word of 'integrity' is intended to
put an end to separatist tendencies and make people feel that every part of India is
their home. Article 25 to 30 of the Constitution, provided fraternity and faith.
Article 21 of the Constitution provided dignity. Under Article 51A(c) said that to
uphold and protect the sovereignty, unity and integrity of India.

These four objectives-justice, liberty, equality and fraternity set out in the preamble
are themselves ambiguous and they cannot throw any light on the provisions of the

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Constitution. However, these objectives indicated in preamble represented the true
spirit of our Constitution.

(b) Discuss the following:

(i) Preamble whether a part of the Constitution. (2/4) [2017, 2019,
2021, 2022, 2024,
(ii) Whether the Preamble can be amended.(2/4) [2017, 2019, 2022,
2024,
(iii) Preamble how far useful in interpreting the Constitution. (4/6)
[2017, 2018, 2021, 2023,
A)

(i) Preamble whether a part of the Constitution. (2/4) [2017, 2019,

2021, 2022, 2024,
A)

The proceedings in the Constituent Assembly make it clear that the preamble to
our Constitution was enacted and adopted by the same procedure as the rest of the
Constitution, Hence, this is a very controversial topic of there have been many
discussions about the preamble being part of the Constitution. This question can
only be answered by reading two cases.

 In Re: Berubari Case (1960), the Supreme Court held that preamble is the
key to open the mind of the makers but preamble was not a part of the
Constitution and therefore it could never be regarded as a source of any
substantive powers. Such powers are expressly granted in the body of
Constitution.
 But in Kesavananda Bharati v. State of henala AIR (1973), the Supreme
Court rejected the above view and held that the preamble is the part of the
Constitution. Though in any ordinary statute not much importance is
attached to the preamble in a Constitutional Statute. The Court observed

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 further that the preamble 'did not walk before the Constitution as is said
about the preamble to the United States Constitutions".

Thus, after the observation of the Supreme Court in this case, there remains no
doubt that the Preamble to the Indian Constitution is an integral part of the
Constitution.

(ii) Whether the Preamble can be amended.(2/4) [2017, 2019, 2022,

2024,
A)

Article 368 of the Constitution deals with the power of Parliament of to amend
the constitution and procedure therefore. It confers power on Parliament to amend
the Constitution.

 According to Article 368(1) of Constitution of India 1950, notwithstanding

anything in this Constitution, Parliament may in exercise of its constituent
power amend by way of addition, variation or repeal of any provision of this
constitution in accordance with the procedure laid down in this article.
 In Kesavananda Bharati v. State of Kerala AIR (1973), it was contended
that the preamble though part of the Constitution, but was not a provision of
the Constitution and therefore, it could not be amended by the parliament
under Article 368.
Rejecting the contentions the Court held that the being a part of the
constitution, the preamble was not outside the reach of amending power of
the parliament under Article 368.

Furthermore, the Count Observed, "The edifice of our Constitution is based upon
the basic elements mentioned in the preamble. If any of these elements are
removed the structure will not survive and it will not be the same Constitution or it
cannot maintain its identity. The preamble declared that the people of India
resolved to constitute their country into a Sovereign Democratic Republic. No one
can suggest that those words and expressions are ambiguous in any manner. An
amending power of the Parliament cannot be interpreted so as to confer power on
the parliament to take away of these fundamental and basic characteristics of
policy.
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It was in the exercise of this amending power that the Constitution (42nd
Amendment) Act, 1976 amended the preamble, inserting therein, the terms
'Socialist', 'Secular', and 'Integrity'.

(iii) Preamble how far useful in interpreting the Constitution. (4/6)

[2017, 2018, 2021, 2023,
A)

The Preamble is the key to open the mind of the the makers. But it does not mean
that the preamble can override the express provisions of the Act.

 In A.K. Gopalan v. State of Madrss AIR 1950, the Supreme Court refected
the contention that the Preamble to our Constitution which sought to give
India a "democratic' Constitution, should be the guiding star in its
interpretation and hence any law made under Article 21 should be held as
void as void if it offended against the principles of natural justice, for
otherwise the fundamental right to life and personal liberty would have no
protection.
 In Re Berubari Union Case AIR 1960, the Supreme Court held that the
preamble had never been regarded as the source of any substantive power
concerned on the Government or on any of its departments. Such powers,
the Court said, were expressly granted in the body of the Constitution. The
Court further explained that "what is true about the powers is equally true
about the prohibitions and limitations". It, therefore, observed that the
preamble had limited application.
 In Kesavananda Bharati v. State of Kerala AIR 1973, the Supreme Court
attached much importance Preamble. The Count referred to its earlier
decisions (Behram Khurshid v. State of Kerala AIR 1955, Basheshar Nath
v. Commissioner of Income Tax, AIR 1959; In Re Kerala Education Bill,
1957 AIR 1958 in which the supreme court had looked to the preamble for
guidance and given it a transcendental position while interpreting the
Constitution or other laws. The Supreme Court observed that the preamble
would certainly furnish valuable guidance in the matter of interpretation of
the constitution and that the Constitution should be read and interpreted in
the light of the grand and noble vision expressed in the preamble.
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Therefore it has been said that the interpretational value of preamble can be studied
in the following dimensions-

i) Preamble assisting the interpretation of provision of the

Constitution itself;
ii) Preamble as a source of interpretation of statutes framed under the
Constitution; and
iii) The word in the preamble as judiciary interpreted and reflected in
judicial analysis.

Furthermore, Preamble is very helpful in assisting the Interpretation of Provision

of the Constitution. It is a source of interpretation of statutes framed under the
Constitution. Preamble is used in interpreting an ordinary Statute; there is no doubt
that preamble cannot be used to modify the languages - if the languages of the
enactment plain and clean. It held that if the capable of more than one meaning
then that one is to be preferred which comes nearest to the purpose and scope of
the preamble.

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