Importance of the Preamble

● Objective: The Preamble sets out the main objectives the Legislature intends to achieve.
● Introduction: It serves as an introduction to the statute, aiding in understanding the policy and legislative intention (Sir Alladi
Krishnaswami Iyyer, Constituent Assembly Debate Volume 10).
● Interpretation: In the Berubari Case (AIR 1960 SC 845), the Supreme Court asserted that the Preamble is the key to understanding the
Legislature's intent (Story, famous jurist).
● Aims and Ideals: It denotes the aims, objectives, purpose, philosophy, and ideals the Constitution seeks to achieve.
● Constitutional Status: In Keshavananda Bharati's Case (AIR 1973 SC 1461), the Supreme Court observed that the Preamble is part of the
Constitution and its principles are the Constitution's basic features.
Purposes Served by the Preamble
. Indicates the source of the Constitution.
. Asserts the supremacy of the people.
. Declares the precious rights and freedoms secured to all citizens and the fundamental policy to be established.
Meaning of Each Term in the Preamble
"We the people of India"
● Denotes that ultimate authority and sovereignty lie with the people.
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● All three organs of government must strive to promote the welfare and well-being of the people.
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Sovereign
Denotes absolute and uncontrolled power and authority, not subject to any external authority.
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Socialist (Inserted by 42nd Amendment Act 1976)

● Gandhian Philosophy: Provides a decent standard of life and security from cradle to grave.
● Marxist Philosophy: Aims for a classless society by bridging the gap between the rich and poor and ensuring equal distribution of national
resources.
Secular (Inserted by 42nd Amendment Act 1976)
● The State has no official religion and does not promote any religion.
● Articles 25 to 28 guarantee freedom of conscience and the right to profess, practice, and propagate any religion.
● Judicial Interpretation: S. R. Bommai vs. Union of India (1994) SCC 1 held that secularism is a basic feature of the Constitution. Aruna Roy
vs. Union of India (AIR 2003 SC 3176) defined secularism as developing understanding and respect towards different religions.
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Democratic State
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. Form of Government: Envisages a representative democracy.
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. Sovereignty: Exercised through an elected Parliament and Legislature.
. Parliamentary Democracy: Representation of the people, responsible government, and accountability of the Council of Ministers to the
Legislature.
. Democratic Republic Ideal: Government of the people, by the people, and for the people.
Republic
. Head of State is not a hereditary monarch.
. Political sovereignty vests in the people, and the President of India is elected for a fixed term.
Justice
Social Justice
● Objective: Ensures socio-economic justice.
● Provisions: Articles 14, 15, 16, 17, 18, 19, 21, 21A, 22, 23, and Directive Principles ensure social justice.
● Interpretation: Aims to remove social imbalance by law (Dalmia Cement Ltd. vs. Union of India, 1996).
Political Justice
● Ensures no arbitrary distinction between individuals in the political sphere.
● Principle: One person, one vote and universal adult suffrage.
● Equality: Equal opportunities for all in public employment and political participation.
Economic Justice
● Provisions: Articles 38 and 39 ensure economic justice.
● Goals: Banishment of poverty, equitable distribution of national wealth, and establishment of economic democracy and a welfare state.
Liberty, Equality, and Fraternity
● Articles 14, 19, 21: Guarantee minimal rights essential for a free and civilized existence.
● Goal: Establishment of a welfare state and a socialist state.
Unity and Integrity of the Nation
● Addition: Added by the 42nd Amendment Act 1976.
● Core Principle: Ensures the unity and integrity of the nation.
Fraternity
● Aim: Abolish all anti-social feelings and promote unity.
● Essential: Fosters brotherhood among all sections of society.
Dignity of the Individual
● Maintenance: Ensures the dignity of each individual.
● Articles 39A, 42, 43: Guarantee rights to achieve this dignity.
● Ideal: Combines political, social, and economic democracy with equality and fraternity to establish Mahatma Gandhi's vision of India.

Salient Features of the Indian Constitution

1. Lengthiest Written Constitution
● Original Structure (1949): Contained a Preamble, 395 Articles divided into 22 Parts, and 8 Schedules.
● Current Structure: Consists of a Preamble, about 470 Articles, and 12 Schedules.
● Reasons for Length: Vastness and diversity of the country, historical context, a single Constitution for both Centre and states, and the
influence of legal experts in the Constituent Assembly.
2. Drawn from Various Sources
● Borrowed Provisions: The Constitution incorporates elements from the constitutions of various countries and the Government of India
Act, 1935.
3. Federal System with Unitary Bias
● Federal Features: Dual government system, division of powers, written Constitution, bicameralism, supremacy of the Constitution.
● Unitary Features: Strong central government, single constitution, single citizenship, integrated judiciary, all-India services, emergency
provisions.
● Article 1: Declares India as a "Union of States".
4. Rigidity and Flexibility
● Balanced Approach: The Constitution is neither too rigid nor too flexible, allowing for amendments as needed while maintaining stability.
5. Parliamentary Form of Government
● British Influence: Adopts the Westminster model with features like a nominal and real executive, majority rule, leadership by the Prime
Minister or Chief Minister, ministers being members of the legislature, and the dissolution of the lower house (Lok Sabha).
6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy
● Dual Influence: Combines the British concept of parliamentary sovereignty with the American concept of judicial supremacy.
7. Integrated and Independent Judiciary
● Judicial Hierarchy: The Supreme Court is at the top, followed by High Courts and subordinate courts.
 ● Role: The Supreme Court acts as the highest court of appeal, protector of fundamental rights, and guardian of the Constitution.
● Unified System: Enforces both central and state laws, contrasting with the U.S. system where federal and state laws are enforced
separately.
8. Fundamental Rights
● Political Democracy: Part III guarantees six Fundamental Rights to all citizens:
○ Right to Equality (Articles 14-18)
○ Right to Freedom (Articles 19-22)
○ Right against Exploitation (Articles 23-24)
○ Right to Freedom of Religion (Articles 25-28)
○ Cultural and Educational Rights (Articles 29-30)
○ Right to Constitutional Remedies (Article 32)

9. Directive Principles of State Policy

● Social and Economic Democracy: Part IV aims to establish a welfare state and includes non-justiciable principles.
● Categories: Socialistic, Gandhian, and Liberal-intellectual principles.
10. Fundamental Duties
● Addition: Introduced by the 42nd Amendment Act based on the Swaran Singh Committee's recommendations.
● Part IV-A: Lists 11 Fundamental Duties which are non-justiciable.
11. Secular State
● Secularism: Added to the Preamble by the 42nd Amendment Act. Ensures equal respect for all religions.
● Articles: Promotes secularism through various provisions like Articles 14, 15, 16, 25-30, and 44.
12. Universal Adult Franchise
● Voting Age: Reduced from 21 to 18 years by the 61st Amendment Act (1988).
● Basis: Fundamental for elections to the Lok Sabha and state legislative assemblies.
13. Single Citizenship
● Unified Citizenship: Unlike the U.S., where citizens also belong to individual states, India provides single citizenship with uniform political
and civil rights across the country.
14. Independent Bodies
● Democratic Pillars: Includes the Election Commission, Comptroller and Auditor General, Union Public Service Commission, and State
Public Service Commissions.
15. Emergency Provisions
● Safeguards: Designed to protect the sovereignty, unity, integrity, and security of the country.
 ● Types:
○ National Emergency (Article 352)
○ State Emergency or President's Rule (Articles 356 and 365)
○ Financial Emergency (Article 360)
● Unique Feature: The federal structure becomes unitary during emergencies without formal constitutional amendments.
16. Three-tier Government
● Local Governance: Recognized by the 73rd and 74th Amendment Acts, 1992, giving constitutional status to Panchayats and
Municipalities.
● Article 40: Encourages the organization of village panchayats (a Gandhian principle).
17. Cooperative Societies
● Recognition: Emphasizes the importance of cooperative societies in governance and development.
● Constitutional Amendments: The 97th Amendment Act, 2011, provided constitutional status and protection to cooperative societies.
○ Added the right to form cooperative societies as a Fundamental Right (Article 19).
○ Introduced a new Directive Principle on the promotion of cooperative societies (Article 43B).
○ Added a new Part IX-B entitled "Co-operative Societies" (Articles 243-ZH to 243-ZT).

Meaning of the Preamble to the Indian Constitution

1. Definition and Significance
● The Preamble serves as the introduction to the Constitution, encapsulating its essence and the aspirations on which the Indian state is
built.
● Eminent jurists like N.A. Palkhivala and K.M. Munshi have likened it to the "Identity Card" and "Political Horoscope" of the Constitution,
respectively.
2. Historical Background
● Originates from the 'Objective Resolution' moved by Nehru on December 13, 1946, defining the basic goal of the Indian Constitution.
● Adopted as the Preamble to the Constitution on January 22, 1947.
3. Text of the Preamble
● Affirms the solemn resolve of the people of India to constitute India into a Sovereign Socialist Secular Democratic Republic and secure
justice, liberty, equality, and fraternity.
● Specifies the date of adoption as November 26, 1949.
4. Components of the Preamble
● Source of Authority: Derives authority from the people of India.
● Nature of Indian State: Declares India as a Sovereign, Socialist, Secular Democratic, and Republic.
● Objectives of the Constitution: Justice, Liberty, Equality, and Fraternity.
● Date of Adoption: November 26, 1949.
5. Key Words in The Preamble
● "We, the People of India": Affirms the Constitution's legitimacy from the people, reflecting their collective will.
● Sovereign: Signifies India's self-governance and independence.
● Socialist: Envisions economic equality and equitable distribution of resources.
● Secular: Emphasizes religious neutrality and equal treatment of all religions.
● Democratic: Establishes a government accountable to the people.
● Republic: Reflects the election of the head of state by the people.
● Justice: Ensures social, economic, and political justice for all citizens.
● Liberty: Guarantees freedom of thought, expression, belief, faith, and worship.
● Equality: Ensures equal status and opportunities for all citizens.
● Fraternity: Fosters a sense of brotherhood and unity among citizens.
6. Significance of Preamble
● Embodies the basic philosophy and fundamental values of the Constitution.
● Acts as a guiding framework for interpretation and implementation of constitutional provisions.
● Provides a moral compass for policymakers and instills patriotism and commitment to democratic ideals among citizens.
● Symbolizes India's unity in diversity and fosters national integration.
● Inspires citizens to uphold their rights, duties, and responsibilities towards the nation.
7. Major Issues and Judgments Related to the Preamble
● Inclusion in the Constitution: Evolution from being considered as not part of the Constitution to its integral inclusion, with significance for
interpretation of statutes.
● Amendability: Subject to amendment under Article 368, with limitations to preserve the Constitution's "Basic Structure".
● Amendment: Amended once by the 42nd Constitutional Amendment Act of 1976 to include "Socialist", "Secular", and "Integrity".
The Preamble of the Indian Constitution serves as a beacon of the nation's ideals and aspirations, guiding its governance and inspiring its citizens
towards the collective pursuit of justice, liberty, equality, and fraternity.

Certainly! Here are the summaries of the landmark cases related to the Preamble of the Indian Constitution:
Berubari Union Case (1960)
Key Points:
● Judgment: The Supreme Court held that the Preamble is not a part of the Constitution.
● Interpretation: While the Preamble is not a legally enforceable part of the Constitution, it serves as a key to understanding the framers'
intentions.
Kesavananda Bharati Case (1973)
Key Points:
● Judgment: The Supreme Court reversed its stance and declared the Preamble as an integral part of the Constitution.
● Interpretation: The Preamble plays a crucial role in interpreting various provisions of the Constitution and guiding the spirit of governance.
LIC of India Case (1995)
Key Points:
● Judgment: The Supreme Court reiterated that the Preamble is an integral part of the Constitution but cannot be directly enforced in a
court of law.
● Interpretation: While the Preamble is significant for interpreting the Constitution, its provisions cannot be directly invoked in legal
proceedings.