Preamble
Statements given by different people on the Preamble (Indian Constitution)
Pt. Jawaharlal Nehru “The Preamble is the horoscope of our Constitution.”
Dr. B. R. Ambedkar “The Preamble is the key to the Constitution.”
M. Munshi “The Preamble is the soul of the Constitution.”
Sir Ernest Barker “The Preamble is the key-note of the Constitution.”
A. Palkhivala “The Preamble represents the faith of the people of India”
Justice M. Hidayatullah “The Preamble is the basic structure of the Constitution.”
Granville Austin “The Preamble embodies the philosophy of the Constitution.”
Subhash Kashyap “The Preamble reflects the dreams and aspirations of the people of India.”
K. Mathew “The Preamble serves as a guide to the interpretation of the Constitution.”
Other names for the Preamble
Introduction of the Constitution: – Because it introduces the Constitution and its aims.
Preface of the Constitution: – Like a preface of a book explaining its purpose
Soul of the Constitution (K. M. Munshi): – Reflects the Spirit if the Constitution.
Identity card of the Constitution: – Summarizes the nature and objectives of the Indian states.
Horoscope of the Constitution (by Pandit Jawahar Lal Nehru): – Indicates the future goals of the nation.
Philosophy of the Constitution: – Shows the guiding principles and ideals.
What Preamble tells us
Preamble tells us about: –
1.Source of authority: – It begins with “we, The people of India.”
This shows that all power comes from the people, not from government or rulers.
Establishes popular sovereignty
2. Nature of Indian State: – The Preamble declares India is Sovereign, Socialist, Secular, Democratic Republic
Sovereign – India is fully independent in internal and external affairs (no external control).
Socialist – Commitment to social and economic equality.
Secular – No state religion, equal respect for all religions.
Democratic- Government elected by the people.
Republic – Head of the state is elected (President) not hereditary.
These define the basic structure of the Indian state.
(Socialist and Secular added by 42nd amendment 1976)
3.Objectives of the Constitution: – The Preamble aims to secure
Justice
Social – Equality in society no discrimination
Economic – Fair distribution of wealth
Political- Equal political rights (vote, contest election)
Liberty
Liberty of Thought, Expression, Belief, Faith and Worship
(Reflected in Fundamental Rights Part III)
Equality
Equality of status
Equality of opportunity
(Basis of Article 14-18 )
Fraternity
Brotherhood among citizens
Ensures: Unity of the nation and integrity of the nation
(Integrity added by 42nd Amendment1976)
5. Date of Adoption: –
Adopted on 26th November 1949
came into force on 26th January 1950
chosen on 26th January 1950 due to Poorna Swaraj Declaration/ Republic Day
Different sources of the Preamble
Objective of Resolution – Moved by the Pandit Jawahar Lal Nehru in the Constituent Assembly on 13th December 1946. Almost all the ideals are taken from this resolution: Justice, Liberty, Equality, Fraternity, Sovereignty of the people.
French Constitution– Ideals of liberty, equality and fraternity
American Constitution– Idea of Preamble borrowed from American Constitution including concept of Popular sovereignty (“We, The People”), republic, liberty and equality.
Russian (USSR) Constitution– Concept of social state and emphasis on social, economic and political justice
Indian freedom movements – Values of national unity, democracy, secularism and people sovereignty
(The Preamble is mainly based on the Objective Resolution of 1946 and it is influenced by constitutions of the USA, USSR, France, and Indian Freedom Struggle).
Amendment related to the Preamble
42ndConstitutional Amendment Act 1976
The Preamble was amended Only once by 42nd Constitutional Amendment Act 1976 till now which made three important changes to the Preamble and added the words Socialist, Secular and Unity and Integrity of the Nation to the Preamble.
| Before 1976
Sovereign Democratic Republic
|
After 1976
Sovereign Socialist Secular Democratic Republic |
| Unity of the Nation | Unity and Integrity of the Nation |
Important Cases and Judgement related to the Preamble
Legal Status of Preamble
Important Case:
Berubari Union case 1960
Supreme court held that the preamble is a key to open the minds of the makers of the Constitution but Preamble is not part of the constitution and therefore not legally binding.
Kesavananda Bharati v. State of Kerala 1973
A historical judgement that reversed the Berubari 1960 case opinion holding that the preamble is an integral part of the Constitution.it ruled that the preamble can be amended under Article 368 but its basic structure or features cannot be altered.
Indira Gandhi vs. Raj Narain 1975
The supreme court held that the Preamble represents the foundational principles of the Constitution, emphasizing democracy as an essential feature.
S.R. Bommai vs Union of India case 1994
Supreme court held that Secularism is part or basic feature of the Constitution, derived from preamble and state cannot promote any religion.
Union Government vs LIC of India 1995
Preamble is a key to understanding the Constitution. It cannot override express provisions and it can be used when meaning is unclear.