Preamble

The Preamble declares: “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 26th day of November 1949,
do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION”.

What is Preamble?

The preamble of the Constitution of India is an introduction or

preface of the Constitution. It contains summary or essence of
Constitution. It is derived from the Latin word Preambular.

Ingredients of Preamble
-What is the source of Constitution?
Constitution derives it power from ‘We, the People of India’.
-Nature of Preamble-sovereign, secular, republic, secular and
democratic
-Objective of the Indian Constitution-Justice, Liberty, Equality and
Fraternity
-Adoption Date of the Constitution of India-November 26, 1949.
Amendment of the Preamble

The 42nd Amendment Act, 1976 was the first act ever to amend the
preamble of the Constitution. On December 18th, 1976, ‘Socialist’,
‘Secular’, and ‘Integrity’ were added to the preamble.

Nature of Preamble

1. Sovereign :- The term ‘Sovereign’ means the independent

authority of the state. It means the state has control over every
subject and no other authority or external power has control
over it. So, the legislature of our country has the powers to
make laws in the country with restrictions keeping in mind
imposed by the Constitution.
Case
Synthetic & Chemicals Ltd. v. the State of Uttar Pradesh
In this case for the first time word sovereign was defined as India is
sovereign country because constitution does not recognize
supremacy of any other country over India.

2. Socialist :- The term socialist in the Indian Constitution was

added by 42 Amendment Act 1976. It holds faith in a mixed
economy where both private and public sectors co-exist side by
side.
3. Secular :- The term secular in the Indian Constitution was
added by 42 Amendment Act 1976. It means that state does
 not recognize any religion as state religion and it treats all
religion equally.

S.R. Bommai v. Union of India the SC held that “Securlarism is the

basic feature of the Constitution”

4.Democratic: - The word democratic is derived from two Greek

words demos mean people and kratos mean rule. Thus, it means
democracy by people through means of election.

5.Republic: - The term indicates that the head of the state is elected
by the people. In India, the President of India is the elected head of
the state.Objective

6. Justice: - It is necessary to maintain order in society that is

promised through various provisions of Fundamental Rights and
Directive Principles of State Policy provided by the Constitution of
India. It comprises three elements, which is social, economic, and
political.

Social Justice: - It creates society without discrimination on any

grounds like caste, creed, gender, religion, etc.

Economic Justice – Economic Justice means no discrimination can be

caused by people on the basis of their wealth, income, and economic
status
Political Justice – Political Justice means all the people have an equal,
free and fair right without any discrimination.

7.Equality: The term ‘Equality’ means all the people have given equal
opportunities for everything without any discriminations. Everyone is
equal before the law.

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

9.Fraternity: The term ‘Fraternity’ means a feeling of brotherhood

and an emotional attachment with the country and all the people.
Fraternity helps to promote dignity and unity in the nation.

Status of Preamble

Berubari Case AIR 1960 SC 845 the Court stated that ‘Preamble is
not considered as part of the Constitution. Therefore, it is not
enforceable in a court of law.

Kesavananda Bharati v. State of Kerala AIR 1973 SC 1461

: In this case, for the first time, a bench of 13 judges was assembled
to hear a writ petition. The Court held that: The Preamble of the
Constitution will now be considered as part of the Constitution.
However, in this case, the Supreme Court rightly rejected this idea
and held that the Preamble is very much a part of the Constitution.
This Judgment implies that through the route of Article 368 of the
Constitution, the Parliament can amend the Preamble. However, in
the same case, it was further propounded that through the route of
Article 368, the basic structure of the Constitution cannot be altered.
Interpret constitution in the grand and noble vision of the preamble .
Smt. Indira Nehru Gandhi Vs. Shri Raj Narain 1975 (Supp) SCC 1
in this case observed that Preamble is the source of any basic feature
(of the Constitution) thus ensuring that it is revered, honoured and
admired widely by people (and Governments) at large.
Kuldip Nayar & Ors Vs. Union of India & Ors (2006) 7 SCC 1
In the case  Supreme Court held that the Preamble is an integral part
of the Constitution.