Constitution of India

Introduction

• It is the preface of the Constitution of India (COI).
• It is an introductory statement marking the principles governing the COI.
• It prologues the nature and objective of the Constituent Assembly behind drafting the Constitution.
• It mentions the source from where the Constitution derives its power, that is the people of India.

Background

• The Constituent Assembly adopted it on the 26^th of November 1949.
• Beohar Rammanohar Sinha of Jabalpur designed the page of Preamble along with the other pages of the Constitution of India.
• It was amended by the 42^nd Amendment Act of 1976 for the first and final time.

Components of the Preamble

• Source of the Constitution: Lies in the people of India.
• Nature of the Constitution: Sovereign, Socialist, Secular, Democratic and Republic.
• Objectives of the Constitution: Justice, Liberty, Equality and Fraternity along with Unity and Integrity of the nation.
• Date of Adoption and Enactment: 26^th November 1949.

Fundamental Features of the Preamble

• Sovereign: No external authority can interfere in the decision of the dominion. The nation is independent against alien control.
• Socialist: The nation aims towards social wellbeing. The component of socialist nature is a mixed economy.
• Secular: The state does not have any national religion. All religion is equal in the eyes of state.
• Democratic: The government is elected by the will of the people voting as per the Constitution.
• Republic: The head of the state is elected by the people.

Objectives of the Preamble

• Justice: The establishment of Social, Economic, and Political Justice is important to maintain order in society.
• Liberty: Freedom of thought, expression, belief, faith and worship, Liberty of one person must not encroach it of the other.
• Equality: To keep everyone equal before law it is important to establish equality of status and opportunity.
• Fraternity: Brotherhood among people to ensure the dignity of individuals and unity and integrity of the nation.

Case Laws

• In Re Berubari Case (1960):
  • The eight judges bench considered the matter on Indo–Pak Agreement. The bench stated that the Preamble is not a part of the Constitution and hence is not enforceable by law. Moreover, it is a key to open the minds of makers.
• Kesavananda Bharti v. State of Kerala (1973):
  • The 13 judges bench termed the Preamble as a part of the Constitution. It does not hold any supreme authority but acts as a guiding light to interpret the statutes and provisions of the Constitution.
• Union Government v. LIC of India (1975):
  • The Supreme Court reiterated that the Preamble is an integral part of the Constitution. But it is not legally enforceable before the court.
• S R Bommai and Others v. Union of India (1994):
  • The Supreme Court emphasized the concept of Secularism stating that the state does not have any religion and people belonging to any religion have equal freedom of conscience and right to practice, profess or propagate any religion.

Conclusion

The Preamble to the Constitution is an introductory document summarizing the objectives and states the principles on which the Legislative, Executive, and Judiciary are based. The status of the Preamble was taken into consideration in various judgments but was eventually amended in the Kesavananda Bharti case which declared it as a part of the Constitution.