Preamble Revision 2

It was based on objective Resolution’ drafted and moved by Jawaharlal Nehru on 13

December 1946.
The preamble was enacted only after the rest of the constitution was enacted by the
Constituent Assembly. The reason was to ensure that it was in conformity with the
Constitution as adopted by the Constituent Assembly
Purpose :-
• it's like introduction to the law or statute. It's not necessary part of the law. It is
not necessary to attach preambles. It's not necessary that only constitution will
have preamble.
Debates related to Indian preamble
• There have been Different debate
• Whether preamble is part of the constitution. In this context the issue came in
case of Berubari union case 1960 SC said preamble is not apart of the
constitution. In berubari case sc took the precedent of USA. In usa it was 1st
written constitution. Us has preamble however according to SC of USA
preamble is not a part of the constitution.
• Keshavanand bharti case 1973, SC overruled it's view and held that preamble
is not just part of the constitution it's a integral part of the constitution.
• Integral parts means it contains the basic structure of the constitution (not part
of basic structure).

Why change in SC view

• The Sc acknowledge they admitted the mistake that in Berubari case, they
ignored a very important historical fact related to preamble i.e. Preamble was
adopted by the constituent assembly by the motion that it's a part of the
constitution it means the preamble of USA will not apply on india.

Whether Preamble can be ammended or not ?

• Sc in keshvanand bharti case held that Preamble can be Amended.

2. Wether preamble is amended or not

• Why this question arose once SC accepted preamble as a part there was lack
of clarity wether it can be amended because article 368 deals with
amendment of the provision of the constitution. SC clarified that even when
it's not apart & provision yet it can be amended.
 What was the logic to Amendment of Preamble.
• USA Preamble walk before the constitution
• In India pramble walk hand in hand. it was formed in the last.so that No
contradiction.
Why judicary applied the creative interpretation and held that unlike USA
preamble in india walk with the constitution.
• There was a reason to pass the preamble in the last so that harmony is
maintained between the preamble and the main body. It may happen that
preamble is start looking inconsistent in light of the amendments in the main
body
How important Preamble is in the interpretation of the constitution. Or
whether constitution should be interpreted in the light of preamble.
• is preamble is a source of power to any institutions where, it's not given
explicitly.
• is preamble a source to take the power of any body which is explicitly given.

How important Preamble in the interpretation of constitution.

• A.K Gopalan Case
• Petitioner Ak Gopalan the famous communist leader appealed to examined the
validity of the preventive detention law brought by the government of Pandit
nehru, the law to be interpreted in the light of concept of liberty given in the
preamble.
• SC didn't accept preamble as a " Guiding Star " in the interpretation of the
constitution.
Berubari union case 1960.
Preamble is accepted as 'Key' to open the mind of the constituent assembly
Key to opens means will be using only there is a ambiguity or when there is
Does
preamble is contradiction between two provision.
source of
power to Similarly preamble in itself can neighther be a source of power, which is not
legislature
explicitly given,nor a basis to take away the power which explicitly given.

Keshwanand Bharti Case

SC held that preamble is the integral part contains the basic structure,
contains the noble vision for which the constitution is created and hence
constitution has to be interpreted in the light of preamble.

• preamble, does not have a legal effect independently since it cannot be in

force in the court of law
Contents of the Preamble

1. The nature of Indian states.

2. The ideals.
3. Date of Adoption and sofe
-
enactment. >
- 42nd

Enactment means the day bill AA 1976

receive the assent of the Natur Also Added

Integrity
word

president.
↓
from Heart something

Does preamble tells about - Tr

commencement (enforcement) of Ideals

the constitution. I
&

Commencement is given in
Feeling of
brotherhood

Article 394 of the constitution.

It specifies justice, liberty, equality, and

fraternity as the objectives of the
constitution.
Date of
& Enactment
Adopted

Discuss each adjective attach to the word Republic in the Preamble are they
defendable in the present circumstances.
Adjective are that India is a sovereign, socialist, secular, democratic republic.
The meaning of each adjective can be explained as
Sovereign

Sovereign :- it denoted that india is no more a colony it's Independent nation

①
with right to self determination both in external and internal sphere. India has
freedom to make policies.
④ Are they defendable in present circumstances.
• The India as sovereign country exercising the freedom of choice has been
brought into question because of Globalisation.
⑤ • Globalisation means more interconnected world it weakens the sovereignity
of the state in theory. However in case of India, it cannot be said that it has
weakened the sovereignity ability to exercise freedom is depends upon
power and there a phenomenal increase in the power of India. India is today
recognised as emerging power, economic power, nuclear armed state,
strongest contender for the permanent seat in UN security council. I
However it's not correct to say there has been no dilution at all infacts
④ globalisation expects nations to exercised their sovereignity in more
responsible manner, Acting in concern with each other.
 Socialism
It was added in 1976 however as a country with large no. of Poors there has
been inclination towards socialism.
• Indian socialism is a type of a fabian socialism i.e. state led socialism the
social and economic rights given in part 4 of the constitution represent
Indian socialism it came at equality to constitution aims to make people
equal in terms of dignity. however, according to SC in Samatha VS state of
Andhra Pradesh 1997 socialism in india means reducing inequalities in
income and status, providing equality of opportunity and life of dignity.
• India as a socialist country has been put to a question mark since India had
-

addopted neo Liberal model of development based on Washington

consensus.
since 1990s there have been increase in inter state and intra state disparities as
per Oxfam report top 1% owned more than 40.5% of its total wealth in 2021,.
If we understand poverty in terms of deprivation,there has been growth in
hunger and malnutrition though the no. of people living below poverty line
have declined in absolute term yet the relative poverty has increased since

ens 1990s left wing extremism the biggest internal security threat.
Note :- Economic Development depend upon country’s population size,
Global situation so we cannot say that democracy will guaranteed economic
development but Authoritarianism can
Are they defendable
• Though above situation is matter of concern yet we cannot say that
government has completely ignored the ideal of socialism.
• We have accepted the concept of inclusive growth in 11th and 12th five
Inclusive growth raises stranded if population.

year plan, to adress the unemployment poverty schemes like MNREGA

right to food, right to education has been introduced. The government is
also trying to achive finacial inclusion so that majority of the people can be
brought within the social security net with minimum leakages. For a
country like India with one of largest number of Poor in the world.
Socialism always remain relevant.

Secular Added by 42nd Amendment Act.

• India as a secular state implies freedom of religion available to people

belonging to different religion which includes freedom to practice, profess and
propagate religion. SC in ST. Xaviers college VS state of Gujarat 1974
explained following features of Indian secularism.
• State has no religion.
• State is neither Anti God nor progod. God is eliminated from the matters of
state whether a person is devotee ,agnostic or atheist state considered all of
them as equal.