PREAMBLE TO

CONSTITUTION OF
INDIA
America was the first country that
adopted Preamble for their written
constitution. After many countries
including India followed this practice.
The preamble of the Indian
Constitution is based on the objective
Resolution, drafted and moved by
Jawaharlal Nehru on 13th December
1946 and passed by the constituent
Assembly.

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 The preamble refers to the introduction or
preface of the Constitution. It contains the
summary of Constitution.
• According to N.A. Palkhiwala “Preamble is an
identity card of Constitution and it is an
introduction to the statue.
• The preamble has been called the soul of
Constitution by Thakurdas Bhargav.”
• According to K.M. Munshi the Preamble has
been called the political horoscope of Indian
Constitution.
• According to Sir Alladi Krishnaswami Iyer,
“Preamble to our constitution expresses what
we had thought or dreamt so long”.

20 January 2025 3
 WHAT IS
PREAMBLE????
A preamble is an introductory statement of a constitution which
lays down the ideals it attempts to promote. A preamble to an
Act of Parliament gives its reasons and purposes and lays down
the aims and objects for which a particular Act has been passed.
The idea of the Preamble has been borrowed from the
Constitution of the U.S.
As an introduction, it is not a part of the contents but it explains
the purposes and objectives with which the document has been
written.
The ‘Preamble’ provides the guide lines of the Constitution.
The Preamble, in brief, explains the objectives and ideals of the
Constitution to be achieved in independent India. It is because of
this, the Preamble is considered to be the key of the Constitution.
 OBJECTIVE OF
PREAMBLE
The objectives, which are laid down in the Preamble, are:
1. Description of Indian State as Sovereign, Socialist, Secular, Democratic
Republic. (Socialist, Secular added by 42nd Amendment, 1976).

2. Provision to all the citizens of India i.e.,

a) Justice social, economic and political
b) Liberty of thought, expression, belief, faith and worship
c) Equality of status and opportunity
d) Fraternity assuring dignity of the individual and unity and integrity of the
nation.
 PURPOSE OF HAVING
PREAMBLE
The Preamble to our Constitution serves two purposes: -

1. It indicates the source from which the Constitution derives its authority;
2. It also states the objects, which the Constitution seeks to establish and
promote.
 SIGNIFICANCE OF THE
PREAMBLE
1. The Preamble of Indian Constitution reflects the basic structure and the spirit
of the Constitution.
2. The Preamble acts as the preface of the constitution of India and lays
down the fundamental value and philosophical ideas. It represents the
entire Constitution in its written words.
3. It contains the basic features of the Constition and thus considered to be a
vital part.
4. The Preamble doesn't contain laws enforceable in a court but no law can be
enacted or amended in a manner that violates the spirit of the Preamble.
Thus the Preamble of the constitution of India is unamendable and
unalterable.
 PREAMBLE
THE CONSTITUTION OF INDIA
PREAMBLE

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
1[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 2[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.
 TEXT OF PREAMBLE
We the People indicate that India is a republican polity which means it shall
have
no hereditary ruler and the people shall elect their government.

WE, THE PEOPLE OF

INDIA
Contd.
Key words in the Preamble
We, the people of India: It indicates the ultimate sovereignty of the
people of India. Sovereignty means the independent authority of the State,
not being subject to the control of any other State or external power.

Sovereign: The term means that India has its own independent authority and
it is not a dominion of any other external power. In the country, the legislature
has the power to make laws which are subject to certain limitations.

Socialist: The term means the achievement of socialist ends through

democratic means. It holds faith in a mixed economy where both private and
public sectors co-exist side by side.
• The word Social was added in the Preamble by 42nd Amendment, 1976.

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EXCEL WEAR V/S UNION OF INDIA

• The term “Socialism” being stated in the

Preamble of the Indian Constitution, it is a duty
of the Welfare Indian State to provide a
solution to the problem of unemployment
faced by the workers.
• it was held that the effect of adding the
word Socialist is that the court should
give more effect to nationalization and
state ownership.
• In brief, our socialism is a unique combination
of Marxism.
20 January 2025 11
Contd.
Secular: The term means that all the religions in India get equal
respect, protection and support from the state. It was incorporated in
the Preamble by 42nd Constitutional Amendment, 1976.
S. R. Bommai v. Union of India
Supreme Court while adjudicating that a State Government cannot follow
particular religion discussed at length the concept of Secularism. The Court held
that Secularism is one of the basic features of the Constitution. Secularism is a
positive concept of equal treatment of all religions.

Democratic: The term implies that the Constitution of India has an

established form of Constitution which gets its authority from the will
of the people expressed in an election.
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
20 January 2025 12
state.
Contd.

Objectives of the Indian Constitution

The Constitution is the supreme law, and it helps to maintain integrity in the
society and to promote unity among the citizens to build a great nation.

The main objective of the Indian Constitution is to promote harmony

throughout the nation.
The factors which help in achieving this objective are:
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 – Social justice means that the Constitution wants to create a
society without discrimination on any grounds like caste, creed, gender, religion,
etc.

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Contd.

Economic Justice – Economic Justice means no discrimination can be

caused by people on the basis of their wealth, income, and economic
status. Every person must be paid equally for an equal position and all
people must get opportunities to earn for their living.

Political Justice – Political Justice means all the people have an

equal, free and fair right without any discrimination to participate in
political opportunities.

Equality: The term ‘Equality’ means no section of society has any

special privileges and all the people have given equal opportunities for
everything without any discriminations. Everyone is equal before
the law.

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 Contd.
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.

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.
Justice

Fraternit
y

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Equalit Liberty 15
y
LANDMARK CASES ON PREAMBLE

• 1. Re: Berubari Union Case (AIR1960 SC 845; decided on

14th March 1960)
• 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 Seven judges.
• 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.
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KESAVANANDA
BHARATI CASE
(AIR 1973 SC 1461)
• Landmark judgement (precedent)

• 13 judges bench

• Gave birth to the concept of “BASIC STRUCTURE DOCTRINE”

• Paved the way for struggle between parliament and judiciary

• Fight for absolute power in regards to amendment power of any

provision of the constitution by virtue of Article 368.
History of amending power of parliament

• Shankari Prasad v. UOI (AIR 1951 SC 458)

• Sajjan Singh v. State of Rajasthan (AIR 1965 SC 845)
• IC Golaknath v. St. Of Punjab (AIR 1967 SC 1643)
 Brief Facts: Kesavananda Bharati Case

• In 1970 Swami HH Sri Kesavananda Bharati, Senior head of a Hindu

Mutt situated in Edneer, a village in District of Kerala, challenged the
Kerala government's attempts, under two state land reform acts, to
impose restrictions on the management of its property.
• Swami filled his petition under Article 26, concerning the right to
manage religiously owned property without government interference.
• Major amendments to the Constitution (the 24th, 25th and 29th) had
been enacted by Indira Gandhi’s government through Parliament. All
these amendments were under challenge in Kesavananda Bharati case.
 ISSUES
• Whether any limitation or restriction could be placed on the
amending power of parliament ?
• Validity of 24th 25th and 29th amendment of C.O.I ?
• Whether law word includes amendment ?
• Can parliament destroy and frame new constitution ?
• Is there any difference between ordinary legislative power and
constituent power ?
• What exactly is basic structure doctrine ?
• Whether judicial review could be done away with ?
 What was Kesavananda Bharati
Case?
•Kesavananda Bharati Case (1973):
• In this case, the Supreme Court
overruled its judgment in the Golak Nath
case. It upheld the validity of the 24th Amendment
Act and stated that Parliament is empowered to
abridge or take away any of the Fundamental
Rights.
• At the same time, it laid down a new doctrine of the
‘basic structure’ (or ‘basic features’) of the Constitution.
• It ruled that the constituent power of Parliament under
Article 368 does not enable it to alter the ‘basic
structure’ of the Constitution.
• This means that the Parliament cannot abridge or
take away a Fundamental Right that forms a part
of the ‘basic structure’ of the Constitution.
What are Important Cases Leading to Basic Structure
Doctrine?
•Sankari Prasad Judgment 1951:
• Initially judiciary was of the view that the
amendment power of the parliament is
unrestricted because it can amend any part of
the constitution, even the Article-
368 which provides the power to amend to
the parliament
Sajjan Singh v. State of Rajasthan (AIR 1965 SC 845)
• 17th Amendment was challenged
• Held that amendment is valid
• Parliament can amend anything in the constitution according to
procedure laid down in Art.368.
•Golak Nath Vs State of Punjab 1967:

• The Supreme Court adopted a

new vision to see the powers of
parliament that it cannot amend
Part III of the constitution i.e.
Fundamental rights and
thus awarded fundamental
rights a “Transcendental
Position”.
•Background:
The Supreme Court conceded absolute power to Parliament in
amending the Constitution, as was seen in the verdicts
in Shankari Prasad case (1951) and Sajjan Singh
case (1965).
• In both the cases the court had ruled that the
term “law” in Article 13 must be taken to mean rules
or regulations made in exercise of ordinary legislative
power and not amendments to the Constitution made in
exercise of constituent power under Article 368.
• This means Parliament had the power to amend
any part of the Constitution including Fundamental
rights.
• But Article 13(2) reads - "The State shall not make
any law which takes away or abridges the right
conferred by this Part (i.e. Part-III) and any law made
in contravention of this clause shall, to the extent of
contravention, be void."
•However, in the Golaknath case (1967), the Supreme Court
held that Parliament could not amend Fundamental
Rights, and power to amend the Constitution would be only
with a Constituent Assembly.
• The Court held that an amendment under Article
368 is "law" within the meaning of Article 13 of
the Constitution and therefore, if an amendment "takes
away or abridges" a Fundamental Right conferred by
Part III, it is void.
•To dis-effect the judgments of the Supreme Court in
the Golaknath case (1967), the then government
enacted major amendments to the Constitution. Most
notably:

• 24th Constitutional (Amendment) Act,

1971- Parliament had also given itself the power
to amend any part of the Constitution.
• 25th Constitutional (Amendment) Act,
1972- The right to property had been removed as
a fundamental right.
•Keshavanada Bharti Vs State of Kerala
1973:

• It gave birth to the landmark

judgment which pronounced that the
parliaments cannot alter or disturb the
basic structure of the constitution.
• It was held that, however, the parliament
has unfettered power to amend the
constitution, but it cannot disturb or
emasculate the basic
structure or fundamental features of
the constitution as it has only the power
of amendment and not of rewriting the
constitution.
 COURT SAID THREE IMPORTANT
THINGS IN THIS CASE :
• a) SC said that Parliament can amend the
whole Constitution including fundamental
rights.
• b) But the basic structure of Constitution
cannot be amended.
• c) Basic structure was defined & specified
in this case. E.g. Judicial Review.

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 INDIRA NEHRU GANDHI V RAJ NARAIN (AIR 1975)

• Initially in this case, Allahabad High Court

invalidated Indira Gandhi election because of
corrupt practices. The judgment of Allahabad
Hight Court was being challenged in
Supreme Court. As this case was being
heard, the Parliament passed 39th
Amendment Act and inserted Article 329A.
• Article 329A says that in matters related to
elections, Judicial Review cannot be done.

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 • Article 329A was challenged in this case. By
calculating all these things, SC said that the basic
structure of Indian Constitution is Democracy
which means free and fair election. To continue
this basic structure, Rule of law and Judicial
Review are essential.
• So, while striking down Article 329A, SC said that
Rule of law, Democracy and Judicial Review are
part of the basic structure, and no amendment
can be done to them.

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 MINERVA MILLS V UNION OF INDIA (AIR 1980
SC 1789; DECIDED ON 31ST JULY 1980)

• With the help of Preamble, a relationship was

established between Fundamental rights and
Directive Principles of State Policy.
SC said that there is no case of superiority between
part III or part IV. Both are complimentary to each
other.
• The Parliament can amend the Fundamental
Rights for implementing the Directive Principles,
so long as the amendment does not damage or
destroy the basic structure of the Constitution.
• In this case, it was held that Judicial Review is a part
of basic structure and cannot be amended.

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 • In the 1995 case of Union
Government Vs LIC of India, 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.

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 AMENDMENT TO 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 42nd Amendment Act, 1976.

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 WHAT IS THE DOCTRINE OF BASIC
STRUCTURE?
• The Constitutional Bench in Kesavananda Bharati case ruled by a 7-6
verdict that Parliament could amend any part of the Constitution so
long as it did not alter or amend the basic structure or essential
features of the Constitution.
• However, the court did not define the term ‘basic structure’, and only listed a
few principles — federalism, secularism, democracy — as being its part.
• The ‘basic structure’ doctrine has since been interpreted to include -
• The supremacy of the Constitution,
• The rule of law,
• Independence of the judiciary,
• Doctrine of separation of powers,
• Sovereign democratic republic,
• The parliamentary system of government,
• The principle of free and fair elections,
• Welfare state, etc.
• An example of the application of basic structure is the SR Bommai
case (1994).
• In this case the Supreme Court upheld the dismissal of BJP governments
by the President following the demolition of the Babri Masjid, invoking a
threat to secularism by these governments.
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 WHAT IS THE SIGNIFICANCE OF
BASIC STRUCTURE DOCTRINE?
• Limiting Political Power
• Wise Exercise of Judicial Review Process and Power
• Last Word Resting with the Supreme Court
• Conclusion
• The Basic Structure Doctrine is a cornerstone of the
Indian Constitution, which has been instrumental in
ensuring the preservation of the fundamental
principles of democracy and protecting the rights
of citizens. Its establishment in the Kesavananda Bharati
case is a testament to the strength and resilience of
India's democratic institutions and the judiciary's
commitment to upholding the Constitution.

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 The End

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