PREAMBLE TO THE CONSTITUTION

 

It is a preface or the introduction of the Constitution. It is not an integral part of Constitution. The interpretation of Constitution is based on the spirit of preamble.

The Preamble of the Indian Constitution is based on the ‘Objective Resolution’,drafted and moved by Pandit Nehru, are adopted by the Constituent Assembly. It has been amended by the 42nd Constitutional Amendment Act(1976), Which added three new words- Socialist,Secular and Integrity.

 

TEXT OF THE 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”.

THE PREAMBLE

1. The term ‘preamble’ refers to the introduction or preface to the Constitution. It’s a kind of summary or essence of the Constitution.
2. The American Constitution was the first to begin with a preamble.
3. N.A Palkiwala has termed preamble as ‘the identity card of the constitution’.
4. Somewhat based on the ‘Objectives Resolution’ (see Constituent Assembly).
5. The Preamble has been amended only once so far, that is by 42nd Amendment Act of 1976. Three words were added by that amendment – SCOIALIST, SECULAR, INTEGRITY.
6. The Preamble reveals four ingredients or components:
   • Source of authority of the Constitution: The Preamble states that the Constitution derives its authority from the people of India.
   • Nature of Indian State: It declares India as a sovereign, socialist, secular democratic and republican polity.
   • Objectives of the Constitution: To provide justice, liberty, equality and fraternity to the citizens of India.
   • Date of adoption of the Constitution: 26th November, 1949.
7. Berubari Union case (1960) - the Supreme Court said that the Preamble isn’t a part of the Constitution.
8. Kesavananda Bharati case (1973) - the Supreme Court rejected the earlier opinion and held that Preamble is a part of the Constitution.
9. The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature. Provisions in the preamble are non-enforceable in the court of law, that is, it’s non- justiciable.