1. Historical Context & The Vision Behind
The Preamble's genesis lies in the Objective Resolution, a pivotal document moved by Pandit Jawaharlal Nehru on December 13, 1946, within the Constituent Assembly. This resolution, representing the collective aspirations and a solemn pledge for an independent India, was unanimously adopted on January 22, 1947, ultimately shaping the Preamble. It reflects the deep-seated ideals and the forward-looking vision of the Constitution's framers.2. Core Principles & Defining Keywords
The Preamble precisely defines the nature of the Indian State and outlines the fundamental provisions guaranteed to its citizens. Understanding these keywords is crucial for grasping the spirit of the Constitution.Description of the Indian State as:
Sovereign: India stands as an independent nation, possessing supreme authority, free from any external control or dictation.
Socialist: (Added by the 42nd Amendment Act, 1976). This signifies India's commitment to achieving socio-economic justice and equality through democratic means, embracing a mixed economy to reduce disparities.
Secular: (Added by the 42nd Amendment Act, 1976). The Indian state maintains an impartial stance towards all religions, neither favoring nor discriminating against any. It ensures equal respect and protection for all faiths.
Democratic: Governance is vested in the people, who exercise their power through elected representatives, periodic elections, and universal adult franchise, upholding the rule of law.
Republic: The head of the state (the President) is elected, not hereditary, and all public offices are accessible to every citizen.
Provisions to all citizens of India, ensuring:
Justice: Encompassing social, economic, and political dimensions, aiming for fairness in all spheres of life.Liberty: Guaranteeing freedom of thought, expression, belief, faith, and worship, essential for individual growth and societal progress.
Equality: Of status and of opportunity, striving to eliminate discrimination and provide a level playing field for all.
Fraternity: Fostering a spirit of brotherhood, assuring the dignity of every individual, and promoting the unity and integrity of the Nation.
Date of Adoption: The Constitution was formally adopted by the people of India on November 26, 1949. It came into full effect on January 26, 1950, celebrated annually as Republic Day.
3. Judicial Precedents & Amendability
The Preamble's legal standing and whether it can be amended have been definitively addressed by the Supreme Court of India through landmark judgments, solidifying its authoritative position within the Constitution.Preamble: Part of the Constitution or Not?
Berubari Union Case (1960): The Supreme Court initially held that the Preamble was NOT a part of the Constitution, viewing it merely as a guiding principle.Kesavananda Bharati v. State of Kerala (1973): This historic judgment overruled the Berubari decision. The Court unequivocally declared that the Preamble IS an integral part of the Constitution. It is now considered an essential guide to interpret the true spirit and intent of the Constitution. This case also established the pivotal 'Basic Structure Doctrine'.
LIC of India Case (1995): The Supreme Court reaffirmed the Preamble's status, reiterating that it is an integral part of the Constitution, though not directly enforceable in courts.
Can the Preamble Be Amended?
As established in the Kesavananda Bharati (1973) case, the Preamble can be amended under Article 368 of the Constitution.However, this power is not absolute; the amendment must not destroy or alter its basic features or the 'basic structure' of the Constitution.
In its history, the Preamble has been amended only once.
The 42nd Constitutional Amendment Act, 1976, added three significant words to the Preamble: 'Socialist,' 'Secular,' and 'Integrity'.
More Concise Notes Here Download
Tags:
polity