About the Preamble of the Indian Constitution:
- The preamble of the Indian Constitution serves as a brief introductory statement of the Constitution that sets out the guiding purpose, principles, and philosophy of the Indian Constitution.
- The Preamble is based on the Objectives Resolution, drafted and moved by Jawaharlal Nehru.
- The Preamble reveals four ingredients or components:
- Source of authority of the Constitution: It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India.
- Nature of the Indian State: It declares India to be a sovereign, socialist, secular, and democratic republic.
- Objectives of the Constitution: The objectives stated by the Preamble are to secure justice, liberty, and equality for all citizens and promote fraternity to maintain the unity and integrity of the nation.
- Date of adoption of the Constitution: It stipulates November 26, 1949, as the date.
- Amendments: By the 42nd Amendment of 1976, the words “Socialist” and “Secular” were inserted; the Preamble now reads “Sovereign Socialist Secular Democratic Republic”.
- Interpretation by the Supreme Court:
- Berubari Union case: In this case, it was held by the Supreme Court that the Preamble is part of the Constitution. However, it recognised that the Preamble could be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning.
- Keshvananda Bharti v. State of Kerala: In this case, the Supreme Court overturned its earlier decision and held that the Preamble is a part of the Constitution and can be amended under Article 368 of the Constitution.
- Again, in the LIC of India case, the Supreme Court held that the Preamble is a part of the Constitution.
