S.I.E.

S COLLEGE OF ARTS, SCIENCE

& COMMERCE
SYBAMMC-21\22
MAITRI PANCHAL-SMM2122049

Topic: The Preamble

 Introduction
● The word “Constitution” comes from the Latin word “Constitutio” meaning rules, regulations and orders.
● A constitution is a body of fundamental principles according to which a state is governed. It identifies which
institution should exercise powers- and how it should be done.
● The ideals underlying India's Constitution were outlined in Jawaharlal Nehru's Objectives Resolution, which was
adopted by the Constituent Assembly on January 22, 1947.
● Although not enforceable in court, the Preamble describes the Constitution's goals and serves as a guide for
interpreting Articles where the language is ambiguous.
 Components of Preamble
● The Preamble indicates that the Constitution's source of authority is the people of India.
● India is declared to be a sovereign, socialist, secular, and democratic republic in the preamble.
● The Preamble's stated goals are to secure justice, liberty, and equality for all citizens, as well as to promote
fraternity in order to maintain the nation's unity and integrity.
● The date it was adopted is mentioned in the preamble, which is November 26, 1949.
Keywords in the Preamble
 Keywords in the Preamble

● We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty
means the independent authority of the State, not being subject to the control of any other State or
external power.
● Sovereign: The term refers to India's independent authority and independence from any other
external power. The legislature in the country has the authority to enact laws that are subject to
certain constraints.
● Socialist:The term "socialist" refers to the pursuit of socialist goals through democratic means. It
believes in a mixed economy in which the private and public sectors coexist.
● It was added in the Preamble by 42nd Amendment, 1976.
 Keywords in the Preamble

● Secular: The term refers to the fact that all religions in India are treated equally by the state in
terms of respect, protection, and support.
● It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.
● Democratic: The term implies that the Indian Constitution has a well-established form of
constitution that derives its power from the will of the people as expressed in an election.
● Republic: The term "republic" denotes that the head of state is elected by the people. The President
of India is the elected head of state in India.
 Status of Preamble
● The preamble being part of the Constitution is discussed several times in the Supreme
Court. It can be understood by reading the following case.
● Kesavananda Bharati Case: In this case, a bench of 13 judges convened for the first time to
hear a writ petition. The Court ruled that the Constitution's Preamble will now be considered
part of the document.
● The Preamble does not have supreme power or the authority to impose restrictions or
prohibitions, but it does play an important role in the interpretation of statutes and
provisions of the Constitution. As a result, the preamble is part of the Constitution's
introductory section.
● In the 1995 case of Union Government vs. LIC of India, the Supreme Court held that the
Preamble is an integral part of the Constitution but is not directly enforceable in an Indian
court of justice.
 Amendments of the Preamble
● 42nd Amendment Act, 1976: Following the Kesavanand Bharati case decision, it was
accepted that the preamble is a part of the Constitution.
● Article 368 of the Constitution allows for amendments to the preamble as a part of the
Constitution, but not to the basic structure of the preamble.
● As of now, the preamble has only been amended once, by the 42nd Amendment Act of
1976.
● ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’.
● Through the 42nd Amendment Act of 1976, the terms 'Socialist,' 'Secular,' and 'Integrity'
were added to the preamble.
● The statement 'Unity of the Nation' has been rephrased as 'Unity and Integrity of the Nation.'
Thankyou!!