PREAMBLE AND ITS AMENDABILITY: AN ANALYSIS

SYLLABUS : Indian Constitution—Historical Underpinnings, Evolution, Features,

Amendments, Significant Provisions and Basic Structure.
REFERENCE: Can preamble be amended by keeping the date intact: SC; The Hindu 10 Feb
2024
CONTEXT
The Supreme court asked if the Preamble of the Constitution could have been amended
without changing the date of its adoption on November 26,1949.
PREAMBLE
The term ‘preamble’ refers to the introduction or preface to the Constitution. The Preamble
to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by
Pandit Nehru, and adopted by the Constituent Assembly.The American Constitution was the
first to begin with a Preamble. Many countries, including India, followed this practice.

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.

● It has been amended by the 42nd Constitutional Amendment Act (1976), which added
three new words —socialist, secular and integrity.
● The Preamble reveals four ingredients or components:
● 1. Source of authority of the Constitution: The Preamble states that the Constitution
derives its authority from the people of India.
 ● 2. Nature of Indian State: It declares India to be of a sovereign, socialist, secular
democratic and republican polity.
● 3. Objectives of the Constitution: It specifies justice, liberty, equality and fraternity as
the objectives.
● 4. Date of adoption of the Constitution: It stipulates November 26, 1949 as the date.
● The Preamble embodies the basic philosophy and fundamental values— political,
moral and religious—on which the Constitution is based. It contains the grand and
noble vision of the Constituent Assembly, and reflects the dreams and aspirations of
the founding fathers of the Constitution.
KEY WORDS IN THE PREAMBLE
● Sovereign: The word ‘sovereign’ implies that India is neither a dependency nor a
dominion of any other nation, but an independent state. There is no authority above
it, and it is free to conduct its own affairs (both internal and external).
● Socialist: Notably, the Indian brand of socialism is a ‘democratic socialism’ and not a
‘communistic socialism’ (also known as ‘state socialism’) which involves the
nationalisation of all means of production and distribution and the abolition of
private property. Democratic socialism, on the other hand, holds faith in a ‘mixed
economy’ where both public and private sectors co-exist side by side. As the
Supreme Court says, ‘Democratic socialism aims to end poverty, ignorance, disease
and inequality of opportunity. Indian socialism is a blend of Marxism and Gandhism,
leaning heavily towards Gandhian socialism’ Secular: The Indian Constitution
embodies the positive concept of secularism i.e., all religions in our country
(irrespective of their strength) have the same status and support from the state.
● Democratic: The term ‘democratic’ is used in the Preamble in the broader sense
embracing not only political democracy but also social and economic democracy. The
Indian Constitution provides for representative parliamentary democracy under
which the executive is responsible to the legislature for all its policies and actions.
Universal adult franchise, periodic elections, rule of law, independence of judiciary,
 and absence of discrimination on certain grounds are the manifestations of the
democratic character of the Indian polity.
● Republic: The term ‘republic’ in our Preamble indicates that India has an elected head
called the president. He is elected indirectly for a fixed period of five years. A republic
also means two more things: one, vesting of political sovereignty in the people and
not in a single individual like a king; second, the absence of any privileged class and
hence all public offices being opened to every citizen without any discrimination.
● Justice: The term ‘justice’ in the Preamble embraces three distinct forms—social,
economic and political, secured through various provisions of Fundamental Rights
and Directive Principles.
○ Social justice denotes the equal treatment of all citizens without any social
distinction based on caste, colour, race, religion, sex and so on.
○ Economic justice denotes the non-discrimination between people on the basis
of economic factors. It involves the elimination of glaring inequalities in
wealth, income and property.
○ Political justice : It implies that all citizens should have equal political rights,
equal access to all political offices and equal voice in the government Liberty
The term ‘liberty’ means the absence of restraints on the activities of
individuals, and at the same time, providing opportunities for the
development of individual personalities.
● Fraternity Equality: The term ‘equality’ means the absence of special privileges to
any section of the society, and the provision of adequate opportunities for all
individuals without any discrimination.
● The Preamble secures to all citizens of India equality of status and opportunity. This
provision embraces three dimensions of equality—civic, political and economic.
Fraternity means a sense of brotherhood. The Constitution promotes this feeling of
fraternity by the system of single citizenship. The Preamble declares that fraternity
has to assure two things—the dignity of the individual and the unity and integrity of
the nation.
PREAMBLE : JUDICIAL INTERPRETATION
● One of the controversies about the Preamble is as to whether it is a part of the
Constitution or not.
● Berubari Union case (1960) : The Supreme Court said that the Preamble shows the
general purposes behind the several provisions in the Constitution, and is thus a key
to the minds of the makers of the Constitution. Further, where the terms used in any
article are ambiguous or capable of more than one meaning, some assistance at
interpretation may be taken from the objectives enshrined in the Preamble. Despite
this recognition of the significance of the Preamble, the Supreme Court specifically
opined that Preamble is not a part of the Constitution.
● Kesavananda Bharati case (1973) : The Supreme Court rejected the earlier opinion
and held that Preamble is a part of the Constitution. It observed that the Preamble is
of extreme importance and the Constitution should be read and interpreted in the
light of the grand and noble vision expressed in the Preamble.
● LIC of India case (1995) : The Supreme Court again held that the Preamble is an
integral part of the Constitution. Like any other part of the Constitution, the
Preamble was also enacted by the Constituent Assembly, but after the rest of the
Constitution was already enacted. The reason for inserting the Preamble at the end
was to ensure that it was in conformity with the Constitution as adopted by the
Constituent Assembly. While forwarding the Preamble for votes, the president of the
Constituent Assembly said, ‘The question is that Preamble stands part of the
Constitution’. The motion was then adopted. Hence, the current opinion held by the
Supreme Court that the Preamble is a part of the Constitution, is in consonance with
the opinion of the founding fathers of the Constitution.
● However, two things should be noted:
○ 1. The Preamble is neither a source of power to legislature nor a prohibition
upon the powers of legislature.
○ 2. It is non-justiciable, that is, its provisions are not enforceable in courts of
law.
Amendment in Preamble:
● The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional
Amendment Act, which has added three new words— Socialist, Secular and
Integrity— to the Preamble. This amendment was held to be valid.
● The phrase unity of the nation was replaced with unity and integrity of the
nation.Originally the text of the Preamble declared India as a sovereign democratic
republic.The word socialist and secular was inserted between sovereign and
democratic.
PRACTICAL CHALLENGES WITH CONSTITUTION
● Poor awareness: Constitutional values such as respect for women, empathy towards
the weak and the meek, and rejecting dowry, caste and creed as the basis to
measure the values of a person are seldom practised.
● Low outreach : Hardly any focus on the Constitution at the school level, not to speak
of tertiary education
● Ineffective Redistribution: In the absence of redistributive public welfare policies
that guarantee sufficient food, shelter, security, education, and health care to the
downtrodden, the ideal of democracy weakens among citizens
● Inequality in the Society: Massive imbalances of wealth, chronic violence, famine and
unevenly distributed life chances also make a mockery of the ethical principle that in
a democracy people can live as citizen partners of equal social worth
INDIAN CONSTITUTION: LIVING DOCUMENT
● The Constitution of India is called a living document rather than a closed and static
rulebook. The procedure of amendment in the constitution is laid down in Part XX
(Article 368) of the Constitution of India to meet the aspirations and the need of the
coming generations but despite amendments to make the much-needed changes the
basic principles have remained inviolable.
● The farsightedness of the constituent assembly – It is true that the Constitution
makers were very farsighted and provided many solutions for future situations.The
 basic framework of the Constitution created by the constituent assembly is very
much suited to our country.
● They wanted the Constitution to be ‘flexible’ and at the same time ‘rigid’. They have
created a different kinds of amendment procedures ranging from a simple majority to
ratification by the states.
● Basic structure Doctrine – The Supreme Court has given a clear list of the basic
features of our Constitution, which cannot be amended. Judiciary has the power to
decide whether an amendment violates basic structure or not. The Kesavananda
Bharati ruling has set clear limits on Parliament’s power to amend the Constitution
which helps in making the basic premises unchangeable.
● The doctrine of basic structure restrained the authoritarianism of the government.
Had the judiciary not invented the doctrine, India would have gone on the same path
as other 3rd world countries, it could save democracy in India.
● Maturity of the Political Leadership-. Political parties, political leaders, the
government, and Parliament, accepted and followed in letter and spirit the idea of an
inviolable basic structure. Even when there was talk about a ‘review’ of the
Constitution, that exercise could not cross the limits set by the theory of the basic
structure.
● Judicial efforts and interventions : During the controversy between the Judiciary
and the Parliament, the Parliament thought that it had the unchecked power and
responsibility to make laws (and amendments) but the Judiciary insisted that it has
to take place within the framework provided by the Constitution and parliament
should not bypass the basic features.
○ For example – After the Supreme Court gave the ruling in the Kesavananda
case some attempts were made to ask the Court to reconsider its ruling.
When these failed, the 42nd amendment was made and parliamentary
supremacy was asserted. But the Court again repeated its earlier stand in the
Minerva Mills case (1980).
 ● Indian Constitution accepts the necessity of modifications according to changing
needs of society. – Even after so many changes in society, the Constitution continues
to work effectively because of this ability to be dynamic, to be open to
interpretations and the ability to respond to the changing situation. This is a hallmark
of a democratic constitution
● There has been enough flexibility in interpretations-. In a democracy, practices and
ideas keep evolving over time and the society engages in experiments according to
these. A constitution, which protects democracy and yet allows for the evolution of
new practices, becomes not only durable but also the object of respect from the
citizens.
WAY FORWARD
● Constitutional Renaissance: It refers to the process of constant repair and renewal
of “constitutionalism” as a function of adjudication.For example, Obeisance to the
constitutional spirit, vision and letter.
● Constitutional Morality: It specifies norms for institutions to survive and an
expectation of behaviour that will meet not just the text but the soul of the
Constitution. It also makes the governing institutions and representatives
accountable.

Preamble embodies the basic philosophy and the fundamental values on which our
constitution is based.It provides a way of life. It includes fraternity, liberty, and equality as
the notion of a happy life and which cannot be taken from each other.Constitution serves as
a basis for democratic governance in a country that ensures everybody’s interests and
procedures are being followed. It governs the procedure and manner of framing laws and
the procedures by which the Government functions.The Constitution empowers the
people as much as the people empower the Constitution. It was the foresight, intellect and
ingenuity of the great people in the Constituent Assembly that helped succeed in framing of
preamble in Constitution whose acceptability has grown with each passing generation.
DO PRACTICE : EASE AND ACE MAINS ANSWER WRITING
What are the salient features guaranteed by the Indian Constitution in our preamble and
how do they contribute to the democratic fabric of the nation?Critically analyse the future
prospects of preamble in the context of Indian polity. 250 words