Preamble of the Constitution

• First Usage: The American Constitution was the first to begin with a Preamble.
• Definition: The term 'Preamble' refers to the introduction or preface to the Constitution. It contains the summary or essence of the Constitution.
• Identity Card: N.A. Palkhivala, an eminent jurist, called the Preamble the 'identity card of the Constitution'.
• Basis: The Preamble is based on the 'Objectives Resolution', drafted and moved by Pandit Nehru on December 13, 1946, and adopted by the Constituent Assembly on January 22, 1947.
• Amendments: It has been amended only once by the 42nd Constitutional Amendment Act (1976), which added three new words—Socialist, Secular, and Integrity.

The Preamble reveals four ingredients or components:

• Source of Authority: It states that the Constitution derives its authority from the people of India ('We, the people of India...').
• Nature of State: It declares India to be of a sovereign, socialist, secular, democratic and republican polity.
• Objectives: It specifies justice, liberty, equality and fraternity as the objectives.
• Date of Adoption: It stipulates November 26, 1949, as the date the Constitution was adopted.

• Sovereign: This implies that India is an independent state, neither a dependency nor a dominion. There is no authority above it, and it is free to conduct its own internal and external affairs.
• Socialist: Added by the 42nd Amendment (1976). The Indian brand is 'democratic socialism' (a mixed economy where public and private sectors co-exist) rather than 'communistic socialism'. Its aim is to end poverty, ignorance, and inequality of opportunity.
• Secular: Added by the 42nd Amendment (1976). The Indian Constitution embodies the positive concept of secularism, meaning all religions in the country have the same status and support from the state.

• Democratic: Based on the doctrine of popular sovereignty (supreme power possessed by the people). India follows a representative parliamentary democracy where the executive is responsible to the legislature for all its actions.
• Republic: A republic means the head of the state is elected (directly or indirectly) for a fixed period. India has an indirectly elected head (the President) for a five-year term. It also signifies that political sovereignty is vested in the people, not a monarch, and there is an absence of any privileged class.

• Justice: Embraces three forms—social, economic, and political—secured through Fundamental Rights and Directive Principles. This ideal is inspired by the Russian Revolution (1917).
• Liberty: The absence of restraints on individuals while providing opportunities for development. It secures liberty of thought, expression, belief, faith, and worship.
• Equality: The absence of special privileges to any section. It secures equality of status and opportunity.
• Fraternity: A sense of brotherhood promoted by single citizenship. It assures the dignity of the individual and the unity and integrity of the nation (integrity added by 42nd Amendment). The ideals of Liberty, Equality, and Fraternity are inspired by the French Revolution (1789-1799).

The Preamble embodies the basic philosophy and fundamental values (political, moral, and religious) of the Constitution.

• Sir Alladi Krishnaswami Iyer: 'The Preamble to our Constitution expresses what we had thought or dreamt so long'.
• K.M. Munshi: 'The Preamble is the horoscope of our sovereign democratic republic'.
• Pandit Thakur Das Bhargava: 'The Preamble is the most precious part of the Constitution... it is the key to the Constitution... it is a jewel set in the Constitution'.

• Berubari Union case (1960): The Supreme Court opined that the Preamble is NOT a part of the Constitution.
• Kesavananda Bharati case (1973): The Supreme Court reversed its earlier decision and held that the Preamble IS a part of the Constitution.
• LIC of India case (1995): The Supreme Court reaffirmed that the Preamble is an integral part of the Constitution.
• Legal Status: The Preamble is non-justiciable (its provisions are not enforceable in courts). It is neither a source of power to the legislature nor a prohibition upon the powers of the legislature.

• Kesavananda Bharati case (1973): The Supreme Court ruled that the Preamble CAN be amended under Article 368, provided that the 'basic structure' or fundamental features are not altered.
• Single Amendment: It has been amended only once, by the 42nd Constitutional Amendment Act (1976), which validly added three words: Socialist, Secular, and Integrity.