THE PREAMBLE of Constitution|Indian Constitution Study Notes

THE PREAMBLE

• The preamble of a constitution embodies basic values and the philosophy on which it

is based.

• The 42nd Amendment (1976) added the words ‘secular’ and ‘socialist’ and now the

preamble reads as follows:

We, the people of India, have 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 on this twenty-sixth day of November 1949, we do hereby

Adopt, Enact and Give to Ourselves This Constitution.

Preamble as Part of the Indian Constitution

• The preamble is an integral part of the constitution but is not an essential part of the

constitution.

• The Supreme Court in 1973 gave a landmark verdict (Kesavananda Bharti v/s State

of Kerala) stating, ‘Preamble is a part of the constitution and is subject to amending

power of the Parliament, as any other provisions of the constitution provided the basic

structure of the constitution found in the preamble is not destroyed’.

• So the preamble is a key to unravel the minds of the makers of the constitution.

Significance of the Preamble

• The Supreme Court of India has given many historic decision which highlight the

importance and utility of the preamble.

• The preamble serves three purposes:

1. It indicates the source from which the constitution derives its authority.

2. It states the objects that the constitution seeks to establish and promote.

3. It states the date of its adoption.

• The nation turns to the various expressions contained in the preamble for proper

appreciation of the aims and aspirations embodied in the constitution.

• It also aids the legal interpretation of the constitution where the language is found to

be ambiguous.

Interpretation of the Preamble

• The preamble may be invoked to determine the ambit of

1. Fundamental Rights

2. Directive Principles of State Policy

• It may be pressed into service to interpret constitutional provisions whereby the

preamble declares India to be a sovereign, socialist, secular and democratic republic