THE PREAMBLE
A KEY TO THE INDIAN CONSTITUTION
PRESENTED BY
ROBIN GEORGE
PREAMBLE
OF INDIAN CONSTITUTION
The Preamble serves as the introduction
or the preface of the Constitution. It
contains the summary or essence of the
Constitution. It has also been referred to
as the ‘SOUL OF THE CONSTITUTION’
The Preamble is based on the Objectives Resolution,
which was moved by Jawaharlal Nehru in the Constituent
Assembly on December 13, 1946.
This resolution laid down the basic philosophy and goals of
the Constitution.
The Objectives Resolution was accepted by the Constituent
Assembly on January 22, 1947.
COMPONENTS OF THE PREAMBLE
• SOURCE OF AUTHORITY OF THE CONSTITUTION
The Preamble states that the Constitution derives its authority from THE
PEOPLE OF INDIA
• NATURE OF INDIAN STATE
The Preamble states India to be a SOVEREIGN ,
SOCIALIST ,SECULAR, DEMOCRATIC & REPUBLIC
• OBJECTIVES OF THE CONSTITUTION
The Preamble specifies JUSTICE , LIBERTY , EQUALITY &
FRATERNITY as the objectives
• DATE OF ADOPTION OF THE CONSTITUTION
It stipulates November 26 ,1949 as the date of adoption
Sovereign: India is an independent country, free from external control in
its internal and external affairs. It can make its own laws and policies
without interference from other nations.
Socialist: This term, added by the 42nd Amendment, signifies
a commitment to achieving social and economic equality. It aims
to reduce disparities in income and status and ensure a more
equitable distribution of wealth and resources. It doesn't necessarily
imply strict state control of the economy but leans towards a mixed
economy with social welfare measures.
Secular: India is a state that respects all religions equally. It does not
have an official state religion. The state is neutral in religious matters
and guarantees freedom of religion to all citizens
Democratic: The government is elected by the people and is accountable to
them. Citizens exercise their power through various forms of participation,
including voting in free and fair elections. It implies a system of representative
democracy.
Republic: The head of the state is an elected president, not a monarch or
hereditary ruler. This signifies a system where public offices are not based on
lineage but on merit and election.
Justice: The Preamble envisions three dimensions of justice:
• Social Justice: A society free from discrimination based on caste, creed, sex,
or religion. It aims to ensure equal opportunities and fair treatment for all.
• Economic Justice: Fair distribution of wealth and resources, and the
elimination of economic inequalities.
• Political Justice: Equal political rights for all citizens, including the right to
vote, contest elections, and hold public office.
Liberty: Freedom of thought, expression, belief, faith, and worship. However, these
freedoms are not absolute and are subject to reasonable restrictions in the interest of
public order and morality.
Equality: Equality of status and of opportunity. This means providing equal
opportunities for all citizens to develop their talents and abilities, regardless of their
background. It aims to reduce disparities and ensures fair access to resources and
opportunities.
Fraternity: A sense of brotherhood and unity among all citizens. It emphasizes the
importance of promoting harmony and cooperation among different sections of
society and respecting the dignity of every individual. It strives to create a sense of
belonging and shared identity.
THE PREAMBLE IS THE KEY TO THE
CONSTITUTION
because
• The Preamble of the Indian Constitution reflects the
basic ideals and values of our Constitution.
• The Preamble clearly states and proclaims
the objectives and goals of the Constitution.
• It also depicts the ideas of our Constitution framers.
• It declares the great rights and freedoms which the
people of India intended to secure to all citizens
IS PREAMBLE PART
OF CONSTITUTION
In the Berubari Union case (1960), the Supreme Court of India initially
held that the Preamble was not a part of the Constitution. They considered
it a key to understanding the minds of the Constitution makers but not
legally enforceable.
In the landmark Kesavananda Bharati case (1973), the Supreme
Court overturned its previous ruling. It declared that the Preamble is
a part of the Constitution. This was a significant shift in
understanding.
WHETHER CONSTITUTION
CAN BE AMENDED
In Kesavananda Bharati case (1973), the Supreme
Court held that since preamble is a part of constitution ,
it can be amended , but subject to the condition that the
basic features in the preamble cannot be amended .
42 nd
AMENDMENT
The 42nd Amendment of the Constitution of India changed the
Preamble to describe India as a "sovereign, socialist, secular,
democratic republic".
It also changed the words "unity of the nation" to "unity and
integrity of the nation".