In M. Laxmikanth’s Indian Polity, Chapter 4: Preamble of the Constitution describes the Preamble as the “Identity Card” of the Constitution (as termed by N.A. Palkhivala).
I. Four Ingredients of the Preamble
- Source of Authority: The Constitution derives its authority from the People of India.
- Nature of Indian State: India is a Sovereign, Socialist, Secular, Democratic, and Republican polity.
- Objectives: It aims to provide Justice, Liberty, Equality, and Fraternity.
- Date of Adoption: Adopted on November 26, 1949.
II. Key Keywords in the Preamble
- Sovereign: India is neither a dependency nor a dominion; it is an independent state with no external power above it.
- Socialist: Added by the 42nd Amendment (1976). India follows “Democratic Socialism” (a blend of Marxism and Gandhism leaning toward Gandhism) rather than “Communistic Socialism.”
- Secular: Added by the 42nd Amendment (1976). India follows a positive concept of secularism, meaning all religions have the same status and support from the state.
- Democratic: Based on the doctrine of popular sovereignty (power rests with the people). India has a representative parliamentary democracy.
- Republic: The head of the state (President) is elected, not hereditary.
- Justice: Embraces three forms: Social, Economic, and Political. This concept is taken from the Russian Revolution (1917).
- Liberty: The absence of restraints and the providing of opportunities for development. It is not absolute but qualified.
- Equality: The absence of special privileges and the provision of adequate opportunities for all.
- Fraternity: A sense of brotherhood. The Preamble promotes this through Single Citizenship.
III. Status of the Preamble
- Berubari Union Case (1960): The Supreme Court (SC) said the Preamble is NOT a part of the Constitution.
- Kesavananda Bharati Case (1973): The SC rejected the earlier opinion and held that the Preamble IS a part of the Constitution.
- LIC of India Case (1995): Reaffirmed that the Preamble is an integral part of the Constitution.
IV. Key Characteristics
- Non-Justiciable: Its provisions are not enforceable in a court of law.
- Not a source of power: It neither grants power to the legislature nor prohibits its powers.
- Amendability: Under Article 368, the Preamble can be amended, provided the ‘Basic Structure’ is not destroyed.
- Amendments: It has been amended only once so far by the 42nd Amendment Act (1976), which added three words: Socialist, Secular, and Integrity.
- Here are some previously asked questions and conceptual questions related to the Preamble and Salient Features of the Indian Constitution:
- Legal status of the Preamble (UPSC 2020): The Preamble is considered a part of the Constitution but does not have independent legal effect.
- Reflection of Makers’ Mind (UPSC 2017): The Preamble is seen as reflecting the thoughts and intentions of the Constitution’s framers.
- Objectives in the Preamble (UPSC 2017): The Preamble includes liberty of thought, expression, belief, faith, and worship, but not economic liberty.
- Features of Indian Federalism (UPSC 2017): Indian federalism is not a result of an agreement among states and they cannot secede.
- Economic Justice (UPSC 2013): Economic justice is an objective found in the Preamble and the Directive Principles of State Policy.
- The term ‘Sovereign’ (Conceptual): ‘Sovereign’ means India has independent authority and is not subject to external control.
- Amendment of Preamble (UPSC 2021-related): The 42nd Amendment added ‘Socialist’, ‘Secular’, and ‘Integrity’ to the Preamble; ‘Republic’ was already present.
- Democracy in India (Conceptual): India practices a representative parliamentary democracy.
- Socialism in India (UPSC 2015-related): Indian socialism is democratic, addressing inequalities through a mixed economy.
- Source of Authority (UPSC 2020-related): The Constitution derives its authority from the people of India, as indicated by the Preamble beginning “We, the People of India”
