Preamble

Preamble to the Constitution of
India
An introduction
What is a preamble ?
• An introduction to the Constitution.
• Lays down the goals, values and objectives of the
Constitution.
• Sets the philosophical agenda of the
Constitution.
• A guiding light in the event of interpretational
discord.
• The inspiration for the Indian preamble was the
American one.
Preamble
• 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 twenty-sixth day of November,

1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.
Is the preamble necessary ?
• Yes, it helps us understand the sources (in terms
of values) of our Constitution.
• Also helps us to understand the values that we
are striving for in future.
• In other words, it’s a reflection of past as well as
future elements.
• Importantly, it also lays down the kind of state a
nation is preparing to adopt (sovereign, socialist,
secular etc.)
Indian state- Founding values
• Sovereign
• Socialist
• Secular
• Democratic
• Republic
India as a Sovereign state
• India has external as well as internal sovereignty.
• Some elements of sovereignty
1. Absolute
2. Indivisibility
3. Permanence
4. Comprehensive- Covers everybody within its
frontiers
5. Inalienable
6. Exclusive
Socialist
• The aim of the state is to establish socialist
society which is free from exploitation in which
social economic and political justice is provided
to all.
• However, socialism is susceptible to many
meanings and we do not owe allegiance to any
one doctrinaire aspect of socialism.
Secularism
• The Indian state does not have one religion.
• Equal respect for all religions.
• We do not follow the ‘colour blind’ or anti-religious
model of secularism.
• The religious dominations have the right to
establish and maintain institutions for religious
and charitable purposes; to manage its own
affairs in matters of religion; to own and acquire
movable and immovable property and to
administer such property in accordance with law.
Democracy
• People directly elect their representatives.
• The President of India is indirectly elected.
• The government is accountable to the people
through their elected representatives.
• The Lok Sabha must have new members every 5
years.
Republic
• No hereditary monarch
• The head of the Union is indirectly elected by the
representatives of the people known as an
‘electoral college’.
Objectives Resolution
• 13 December, 1946, Pandit Jawaharlal Nehru
moved the Objectives Resolution.
• Forms the historical basis for the Preamble
• Contained 8 main values
One
• 1.This Constituent Assembly declares its firm
and solemn resolve to proclaim India as an
Independent Sovereign Republic and to draw up
for her future governance a Constitution;
TWO
• WHEREIN the territories that now comprise
British India, the territories that now form the
Indian States, and such other parts of India as
are outside British India and the States as well as
such other territories as are willing to be
constituted into the Independent Sovereign
India, shall be a Union of them all;
Three
• WHEREIN the said territories, whether with their
present boundaries or with such others as may be
determined by the Constituent Assembly and
thereafter according to the law of the Constitution,
shall possess and retain the status of autonomous
Units, together with residuary powers and exercise all
powers and functions of goverrnment and
administration, save and except such powers and
functions as are vested in or assigned to the Union, or
as are inherent or implied in the Union or resulting
therefrom;
Four
• WHEREIN all power and authority of the
Sovereign Independent India, its constituent
parts and organs of government, are derived
from the people.
Five
• WHEREIN shall be guaranteed and secured to
all the people of India justice, social economic
and political : equality of status, of opportunity,
and before the law; freedom of thought,
expression, belief, faith, worship, vocation,
association and action, subject to law and public
morality.
Six
• WHEREIN adequate safeguards shall be
provided for minorities, backward and tribal
areas, and depressed and other backward
classes.
Seven
• WHEREBY shall be maintained the integrity of
the territory of the Republic and its sovereign
rights on land, sea, and air according to justice
and the law of civilized nations.
Eight
• this ancient land attains its righful and honoured
placed in the world and make its full and willing
contribution to the promotion of world peace
and the welfare of mankind.
Status of Preamble
• The preamble being part of the Constitution is discussed
several times in the Supreme Court. It can be understood by
reading the following cases:
• A.K Gopalan v. State of Madras AIR 1950 SC 27-The SC
rejected the contention that 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 Art 21 should be held void if it offended against
the principles of natural justice, for otherwise the
fundamental right to life and liberty would have no protection.
• The majority of the SC held that the term law in Art 21
referred to positive or state made law and not natural justice
and that this meaning of the language of Art 21 could not be
modified with reference to the preamble.
• Re Berubari Union and Exchange of Enclaves, AIR
1960 SC 845: It was used as a reference under Article
143(1) of the Constitution which was on the
implementation of the Indo-Pakistan Agreement related to
the Berubari Union and in exchanging the enclaves which
were decided for consideration by the bench consisting of
eight judges.
• The SC held that the preamble had never been regarded as
the source of any substantive power conferred on the
government or any of its departments. Such powers, the
court said, were expressly granted in the body of the
constitution.
• Through the Berubari case, the Court stated that
‘Preamble is the key to open the mind of the makers’ but it
can not be 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 SC attached much
importance to the preamble. In this Case , the main question
before the court related to the scope of amending power of the
union Parliament under Art 368.
• In order to appreciate how the preamble to Constitution

would assist the court in discovering the meaning of the term
amendment used in art 368, the court traced the history of the
drafting and ultimate adoption of the preamble.
• The Court held that: The Preamble of the Constitution will

now be considered as part of the Constitution.
• The Preamble is not the supreme power or source of any
restriction or prohibition but it plays an important role in
the interpretation of statutes and provisions of the
Constitution. So, it can be concluded that preamble is part
of the introductory part of the Constitution.
• In Union Government Vs LIC of India also, the

Supreme Court has once again held that Preamble is the
integral part of the Constitution but is not directly
enforceable in a court of justice in India.
Amendment of the Preamble
• 42nd Amendment Act, 1976: After the judgment of the
Kesavanand Bharati case, it was accepted that the preamble
is part of the Constitution.
• As a part of the Constitution, preamble can be amended
under Article 368 of the Constitution, but the basic structure
of the preamble can not be amended. Because the structure of
the Constitution is based on the basic elements of the
Preamble.
• As of now, the preamble is only amended once through the
42 Amendment Act, 1976. The term ‘Socialist’, ‘Secular’, and
‘Integrity’ were added to the preamble through 42
Amendment Act, 1976. ‘Socialist’ and ‘Secular’ were added
between ‘Sovereign’ and ‘Democratic’. ‘Unity of the Nation’
was changed to ‘Unity and Integrity of the Nation’.

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Preamble to the Constitution of

JUSTICE, social, economic and political;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November,

• In order to appreciate how the preamble to Constitution

• The Court held that: The Preamble of the Constitution will

• In Union Government Vs LIC of India also, the

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