Malcolm Rivera
The preamble of the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document. It is considered the soul of the Constitution, representing its spirit and purpose. The preamble was adopted on 26 November 1949 by the Constituent Assembly of India and came into effect on 26 January 1950. The preamble has been a topic of discussion in the Supreme Court of India, with varying opinions on whether it is a part of the Constitution. The Court initially held that the preamble is not an integral part of the Constitution and cannot be enforced in a court of law. However, in the 1973 Kesavananda Bharati Case, the Court overruled its earlier decision and recognised the preamble as part of the Basic Structure of the Constitution, subject to amendment under Article 368 without altering the basic structure. The preamble was amended once during the Emergency in 1976, adding the terms ''Socialist', 'Secular', and 'Integrity' to reflect India's commitment to being a Sovereign, Socialist, Secular, and Democratic Republic.
| Characteristics | Values |
|---|---|
| Part of the Constitution | Yes, as per the Supreme Court's ruling in the 1973 Kesavananda Bharati Case. |
| Enforceable in a court of law | No |
| Amended | Yes, once in 1976 through the 42nd Amendment Act. |
| Keywords | Sovereign, Socialist, Secular, Democratic, Republic |
| Length | 73 words |
| Author | The people of India |
| Date of adoption | 26 November 1949 |
| Date of enforcement | 26 January 1950 |
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What You'll Learn
The Preamble is an integral part of the Constitution
The Preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose, principles, and core values of the document. It indicates that the source of the document's authority is the people of India. The Preamble is considered an integral part of the Constitution and plays a crucial role in interpreting and implementing its various provisions.
The Preamble highlights India's commitment to being a Sovereign, Socialist, Secular, and Democratic Republic, ensuring independence, equality, and secular governance. It guarantees justice, liberty, equality, and fraternity, as well as the freedom of belief, faith, and worship for all citizens. The Preamble also serves as a source of inspiration for citizens, reminding them of their rights, duties, and responsibilities towards the nation.
The status of the Preamble as a part of the Constitution has been a subject of debate and discussion in the Supreme Court of India. Initially, in the Berubari case, the Supreme Court held that the Preamble was not an integral part of the Constitution and was not enforceable in a court of law. However, in the 1973 Kesavananda Bharati Case, the same court overruled its earlier decision and recognized the Preamble as part of the "Basic Structure" of the Constitution. This ruling was reaffirmed in the 1995 case of Union Government vs LIC of India, where the Supreme Court once again held that the Preamble is an integral part of the Constitution.
The Preamble to the Constitution of India has been amended only once, through the 42nd Amendment Act of 1976. This amendment added the terms 'Socialist', 'Secular', and 'Integrity' to the Preamble, reflecting the country's commitment to equality, freedom of religion, and maintaining the integrity of the nation. The Preamble, as an integral part of the Constitution, represents its spirit and purpose, providing a moral compass for policymakers and lawmakers. It serves as a reminder of the overarching goals of justice, equality, liberty, and fraternity that are central to the Indian Constitution.
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The Preamble is not directly enforceable in a court of law
The Preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document. It is drafted to explain the core constitutional values embodied in the Constitution and to set out the aims and objectives of the statute. The Preamble is considered an integral part of the Constitution and is subject to the amending power of Parliament, as are any other provisions, provided that the basic structure of the Constitution is not altered.
However, the Preamble is not directly enforceable in a court of law. This means that courts cannot pass orders against the government to implement the ideas in the Preamble. While the Preamble is a critical component of the Constitution, providing a framework for interpretation and implementation of its provisions, it is not in itself enforceable. The Preamble serves as a guiding light for governance, providing a moral compass for policymakers and lawmakers, reminding them of their overarching goals.
The Supreme Court of India has ruled on the status of the Preamble several times. In the Berubari case, the Court initially stated that the Preamble is not an integral part of the Constitution and is therefore not enforceable in a court of law. However, in the 1973 Kesavananda Bharati case, the same court overruled its earlier decision and recognised the Preamble as part of the "Basic Structure" of the Constitution. The Court held that the Preamble could be used to interpret ambiguous areas of the Constitution where differing interpretations arise.
The Preamble's non-enforceability in courts can be attributed to its role as a guiding document rather than a source of specific legal obligations. It sets out the ideals and aspirations of the people and serves as the soul and spirit of the Constitution. While it provides a framework for interpretation, the Preamble itself is not directly actionable in a legal context.
In conclusion, while the Preamble to the Constitution of India is an essential component that shapes the interpretation and implementation of the Constitution, it is not directly enforceable in a court of law. Its role is to guide policymakers and lawmakers towards achieving the overarching goals of justice, equality, liberty, and fraternity.
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The Preamble can be amended under Article 368
The Preamble to the Indian Constitution is an introductory statement that outlines the objectives, core values, and principles of the nation. It was designed and decorated by renowned painter Beohar Rammanohar Sinha of Jabalpur. The preamble declares India to be a sovereign, socialist, secular, and democratic republic, with the intention of securing justice, liberty, equality, and fraternity for all its citizens.
The question of whether the Preamble can be amended under Article 368 has been a subject of debate and has been addressed by the Supreme Court of India in several cases. Initially, in the Berubari case in 1960, the Supreme Court held that the Preamble was not an integral part of the Constitution and therefore could not be enforced in a court of law. However, in the 1973 Kesavananda Bharati Case, the Supreme Court overruled its earlier decision and recognized that the Preamble is indeed a part of the "'Basic Structure'" of the Constitution.
The Court clarified that since the Preamble is a part of the Constitution, it can be amended under Article 368, which outlines the power of Parliament to amend the Constitution. Article 368 emphasizes the establishment and formation of a new state and allows for amendments to be made to the Constitution through a specific process. It involves the introduction of a Bill in both Houses of Parliament, requiring a majority of two-thirds of the members present and voting, and is then presented to the President for assent.
However, it is important to note that while the Preamble can be amended, its basic structure and fundamental features cannot be altered. The Supreme Court has held that the amending power under Article 368 cannot be used to destroy or damage the basic elements mentioned in the Preamble, such as India's status as a sovereign, democratic republic. The Preamble has only been amended once, through the 42nd Amendment Act in 1976, during the Emergency in India, when the Indira Gandhi government pushed through several changes.
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The Preamble was amended once in 1976
The Preamble to the Constitution of India has been amended only once so far, on 18 December 1976. This was during the Emergency in India, when the Indira Gandhi government pushed through several changes in the Forty-second Amendment of the Constitution. Through this amendment, the words "socialist" and "secular" were added between the words "sovereign" and "democratic". The words "unity of the Nation" were also changed to "unity and integrity of the Nation". The term 'secular' implies that all religions in India get equal respect, protection and support from the state. There is no state religion, and citizens are free to practice their chosen religion.
The Supreme Court of India originally stated in the 1960 Berubari case that the preamble is not an integral part of the Indian Constitution and therefore cannot be enforced in a court of law. However, in the 1973 Kesavananda Bharati Case, the Supreme Court overruled its earlier decision and recognised that the preamble is part of the "Basic Structure" of the Constitution. It may be used to interpret ambiguous areas of the Constitution. In 1994, during the S. R. Bommai v. Union of India case, the Supreme Court of India held that secularism is a part of the basic structure doctrine.
The Preamble to the Constitution of India, as amended up to July 2024, reads: "We, the people of India, having solemnly resolved to constitute India into a sovereign socialist secular democratic republic... in our constituent assembly this twenty-sixth day of November, 1949, do hereby adopt, enact and give to ourselves this Constitution."
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The Preamble outlines the ideals and aspirations of the people
The Preamble to the Constitution of India outlines the ideals and aspirations of the people of India. It is an introductory statement that presents the core values, principles, and objectives of the nation. The Preamble declares India to be a "Sovereign Socialist Secular Democratic Republic", with the term "secular" meaning that all religions in India receive equal respect, protection, and support from the state. The inclusion of "democratic" in the Preamble indicates that the Indian Constitution is established and derives its authority from the will of the people, expressed through elections. The term "republic" signifies that the head of state is elected by the people, with the President of India being the elected head of state.
The Preamble also outlines the objectives of securing justice, liberty, equality, and fraternity for all citizens, as well as promoting unity and integrity within the nation. These ideals are reflected in the Indian Constitution's pursuit of well-defined objects set forth in the Preamble, such as the resolution to constitute India as a sovereign nation. The ideals and aspirations expressed in the Preamble are not directly enforceable in a court of justice in India, but they act as an interpretive guide for ambiguous areas of the Constitution.
The Preamble to the Constitution of India has been the subject of debate and discussion in the Supreme Court on several occasions. Initially, in the Berubari case, the Supreme Court held that the Preamble was not an integral part of the Indian Constitution and could not be enforced in a court of law. However, in the 1973 Kesavananda Bharati Case, the Supreme Court overruled its earlier decision and recognised the Preamble as part of the "Basic Structure" of the Constitution, subject to amendment by Parliament. The Preamble was amended only once, on December 18, 1976, during the Emergency in India, when the Indira Gandhi government made several changes through the Forty-second Amendment of the Constitution.
The ideals and aspirations outlined in the Preamble to the Constitution of India reflect the intentions of its framers and the core values of the nation. It serves as a guiding statement, expressing the will of the people and shaping the interpretation and application of the Constitution. The Preamble is a powerful expression of the people's aspirations for their government and way of life in a sovereign, socialist, secular, and democratic republic.
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Frequently asked questions
The preamble is considered an integral part of the Constitution of India, as it represents its spirit and purpose. It is the preface that highlights the entire Constitution and is considered the soul of the Constitution.
The preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble cannot be altered. The 42nd Amendment Act of 1976 was the only time the preamble was amended.
The preamble is the introductory part of the Constitution, which reflects the core constitutional values embodied in the Constitution. It sets out the aims and objectives of the Constitution and acts as an aid in interpreting ambiguous areas.
