jbp123/hello · Datasets at Hugging Face

instruction stringlengths 1 84	input stringlengths 1 85	output stringlengths 1 83
sovereignty4 .	Being a sovereign state, India can either acquire a foreign	territory or cede a part of its territory in favour of a foreign state.
2. Socialist	Even before the term was added by the 42nd Amendment in	1976, the Constitution had a socialist content in the form of certain
Directive Principles of State Policy. In other words, what was	hitherto implicit in the Constitution has now been made explicit.	Moreover, the Congress party itself adopted a resolution5 to
establish a ‘socialistic pattern of society’ in its Avadi session as	early as in 1955 and took measures accordingly.	Notably, the Indian brand of socialism is a ‘democratic
socialism’ and not a ‘communistic socialism’ (also known as ‘state	socialism’) which involves the nationalisation of all means of	production and distribution and the abolition of private property.
side6. As the Supreme Court says, ‘Democratic socialism aims to	end poverty, ignorance, disease and inequality of opportunity7.	Indian socialism is a blend of Marxism and Gandhism, leaning
heavily towards the Gandhian socialism’8 .	The new Economic Policy (1991) of liberalisation, privatisation	and globalisation has, however, diluted the socialist credentials of
the Indian State.	3. Secular	The term ‘secular’ too was added by the 42nd Constitutional
Amendment Act of 1976. However, as the Supreme Court said in	1974, although the words ‘secular state’9 were not expressedly	mentioned in the Constitution, there can be no doubt that
Constitutionmakers wanted to establish such a state and	accordingly Articles 25 to 28 (guaranteeing the fundamental right	to freedom of religion) have been included in the constitution.
The Indian Constitution embodies the positive concept of	secularism ie, all religions in our country (irrespective of their	strength) have the same status and support from the state10 .
4. Democratic	A democratic11 polity, as stipulated in the Preamble, is based on	the doctrine of popular sovereignty, that is, possession of supreme
power by the people.	Democracy is of two types–direct and indirect. In direct	democracy, the people exercise their supreme power directly as is
the case in Switzerland. There are four devices of direct	democracy, namely, Referendum, Initiative, Recall and	Plebiscite12. In indirect democracy, on the other hand, the
representatives elected by the people exercise the supreme	power and thus carry on the government and make the laws. This	type of democracy, also known as representative democracy, is of
two kinds–parliamentary and presidential.	The Indian Constitution provides for representative	parliamentary democracy under which the executive is
Universal adult franchise, periodic elections, rule of law,	independence of judiciary, and absence of discrimination on	certain grounds are the manifestations of the democratic
character of the Indian polity.	The term ‘democratic’ is used in the Preamble in the broader	sense embracing not only political democracy but also social and
economic democracy.	This dimension was stressed by Dr. Ambedkar in his	concluding speech in the Constituent Assembly on November 25,
1949, in the following way:	“Political democracy cannot last unless there lies at the base of	it social democracy. What does social democracy mean ? It
means a way of life which recognises liberty, equality and	fraternity. The principles of liberty, equality and fraternity are not to	be treated as separate items in a trinity. They form a union of
trinity in the sense that to divorce one from the other is to defeat	the very purpose of democracy. Liberty cannot be divorced from	equality, equality cannot be divorced from liberty. Nor can liberty
and equality be divorced from fraternity. Without equality, liberty	would produce the supremacy of the few over the many. Equality	without liberty, would kill individual initiative”.12a
In the same context, the Supreme Court observed in 1997 that:	“The Constitution envisions to establish an egalitarian social order	rendering to every citizen social, economic and political justice in
a social and economic democracy of the Bharat Republic”.	5. Republic	A democratic polity can be classified into two categories–
monarchy and republic. In a monarchy, the head of the state	(usually king or queen) enjoys a hereditary position, that is, he	comes into office through succession, e.g., Britain. In a republic,
on the other hand, the head of the state is always elected directly	or indirectly for a fixed period, e.g., USA.	Therefore, the term ‘republic’ in our Preamble indicates that
India has an elected head called the president. He is elected	indirectly for a fixed period of five years.	A republic also means two more things: one, vesting of political
second, the absence of any privileged class and hence all public	offices being opened to every citizen without any discrimination.	6. Justice
The term ‘justice’ in the Preamble embraces three distinct forms–	social, economic and political, secured through various provisions	of Fundamental Rights and Directive Principles.
Social justice denotes the equal treatment of all citizens without	any social distinction based on caste, colour, race, religion, sex	and so on. It means absence of privileges being extended to any
particular section of the society, and improvement in the	conditions of backward classes (SCs, STs and OBCs) and	women.
Economic justice denotes the non-discrimination between	people on the basis of economic factors. It involves the elimination	of glaring inequalities in wealth, income and property. A
combination of social justice and economic justice denotes what is	known as ‘distributive justice’.	Political justice implies that all citizens should have equal
political rights, equal access to all political offices and equal voice	in the government.	The ideal of justice–social, economic and political–has been
taken from the Russian Revolution (1917).	7. Liberty	The term ‘liberty’ means the absence of restraints on the activities
of individuals, and at the same time, providing opportunities for	the development of individual personalities.	The Preamble secures to all citizens of India liberty of thought,
expression, belief, faith and worship, through their Fundamental	Rights, enforceable in court of law, in case of violation.	Liberty as elaborated in the Preamble is very essential for the
successful functioning of the Indian democratic system. However,	liberty does not mean ‘license’ to do what one likes, and has to be	enjoyed within the limitations mentioned in the Constitution itself.
The ideals of liberty, equality and fraternity in our Preamble	have been taken from the French Revolution (1789–1799).	8. Equality
The term ‘equality’ means the absence of special privileges to any	section of the society, and the provision of adequate opportunities	for all individuals without any discrimination.
The Preamble secures to all citizens of India equality of status	and opportunity. This provision embraces three dimensions of	equality–civic, political and economic.
The following provisions of the chapter on Fundamental Rights	ensure civic equality:	(a) Equality before the law (Article 14).
(b) Prohibition of discrimination on grounds of religion, race,	caste, sex or place of birth (Article 15).	(c) Equality of opportunity in matters of public employment
(Article 16).	(d) Abolition of untouchability (Article 17).	(e) Abolition of titles (Article 18).
There are two provisions in the Constitution that seek to	achieve political equality. One, no person is to be declared	ineligible for inclusion in electoral rolls on grounds of religion,
race, caste or sex (Article 325). Two, elections to the Lok Sabha	and the state assemblies to be on the basis of adult suffrage	(Article 326).
The Directive Principles of State Policy (Article 39) secures to	men and women equal right to an adequate means of livelihood	and equal pay for equal work.
9. Fraternity	Fraternity means a sense of brotherhood. The Constitution	promotes this feeling of fraternity by the system of single
citizenship. Also, the Fundamental Duties (Article 51-A) say that it	shall be the duty of every citizen of India to promote harmony and	the spirit of common brotherhood amongst all the people of India
The Preamble declares that fraternity has to assure two things–	the dignity of the individual and the unity and integrity of the	nation. The word ‘integrity’ has been added to the preamble by the
42nd Constitutional Amendment (1976).	According to K.M. Munshi, a member of the Drafting Committee	of the Constituent Assembly, the phrase ‘dignity of the individual’
signifies that the Constitution not only ensures material betterment	and maintain a democratic set-up, but that it also recognises that	the personality of every individual is sacred. This is highlighted
through some of the provisions of the Fundamental Rights and	Directive Principles of State Policy, which ensure the dignity of	individuals. Further, the Fundamental Duties (Article 51-A) also
protect the dignity of women by stating that it shall be the duty of	every citizen of India to renounce practices derogatory to the	dignity of women, and also makes it the duty of every citizen of
India to uphold and protect the sovereignty, unity and integrity of	India.	The phrase ‘unity and integrity of the nation’ embraces both the
psychological and territorial dimensions of national integration.	Article 1 of the Constitution describes India as a ‘Union of States’	to make it clear that the states have no right to secede from the
Union, implying the indestructible nature of the Indian Union. It	aims at overcoming hindrances to national integration like	communalism, regionalism, casteism, linguism, secessionism and
SIGNIFICANCE OF THE PREAMBLE	The Preamble embodies the basic philosophy and fundamental	values–political, moral and religious–on which the Constitution is
based. It contains the grand and noble vision of the Constituent	Assembly, and reflects the dreams and aspirations of the founding	fathers of the Constitution. In the words of Sir Alladi Krishnaswami
Iyer, a member of the Constituent Assembly who played a	significant role in making the Constitution, ‘The Preamble to our	Constitution expresses what we had thought or dreamt so long’.
According to K.M. Munshi, a member of the Drafting Committee	of the Constituent Assembly, the Preamble is the ‘horoscope of	our sovereign democratic republic’.
Pandit Thakur Das Bhargava, another member of the	Constituent Assembly, summed up the importance of the	Preamble in the following words: ‘The Preamble is the most
precious part of the Constitution. It is the soul of the Constitution.	It is a key to the Constitution. It is a jewel set in the Constitution. It	is a proper yardstick with which one can measure the worth of the
Constitution’.	Sir Ernest Barker, a distinguished English political scientist,	paid a glowing tribute to the political wisdom of the authors of the
Preamble. He described the Preamble as the ‘key-note’13 to the	Constitution. He was so moved by the text of the preamble that he	quoted14 it at the opening of his popular book, Principles of Social
and Political Theory (1951).	M. Hidayatullah, a former Chief Justice of India, observed,	‘Preamble resembles the Declaration of Independence of the
United States of America, but is more than a declaration. It is the	soul of our Constitution, which lays down the pattern of our	political society. It contains a solemn resolve, which nothing but a
PREAMBLE AS PART OF THE CONSTITUTION	One of the controversies about the Preamble is as to whether it is	a part of the Constitution or not.
In the Berubari Union16 case (1960), the Supreme Court said	that the Preamble shows the general purposes behind the several	provisions in the Constitution, and is thus a key to the minds of the
makers of the Constitution. Further, where the terms used in any	article are ambiguous or capable of more than one meaning,	some assistance at interpretation may be taken from the
objectives enshrined in the Preamble. Despite this recognition of	the significance of the Preamble, the Supreme Court specifically	opined that Preamble is not a part of the Constitution.
In the Kesavananda Bharati case17 (1973), the Supreme Court	rejected the earlier opinion and held that Preamble is a part of the	Constitution. It observed that the Preamble is of extreme
importance and the Constitution should be read and interpreted in	the light of the grand and noble vision expressed in the Preamble.	In the LIC of India case18 (1995) also, the Supreme Court again
held that the Preamble is an integral part of the Constitution.	Like any other part of the Constitution, the Preamble was also	enacted by the Constituent Assembly; but, after the rest of the
Constitution was already enacted. The reason for inserting the	Preamble at the end was to ensure that it was in conformity with	the Constitution as adopted by the Constituent Assembly. While
forwarding the Preamble for votes, the President of the	Constituent Assembly said, ‘The question is that Preamble stands	part of the Constitution’19. The motion was then adopted. Hence,
the current opinion held by the Supreme Court that the Preamble	is a part of the Constitution, is in consonance with the opinion of	the founding fathers of the Constitution.
However, two things should be noted:	1. The Preamble is neither a source of power to legislature nor	a prohibition upon the powers of legislature.
AMENABILITY OF THE PREAMBLE	The question as to whether the Preamble can be amended under	Article 368 of the Constitution arose for the first time in the historic
Kesavananda Bharati case (1973). It was urged that the Preamble	cannot be amended as it is not a part of the Constitution. The	petitioner contended that the amending power in Article 368
cannot be used to destroy or damage the basic elements or the	fundamental features of the Constitution, which are enshrined in	the Preamble.
The Supreme Court, however, held that the Preamble is a part	of the Constitution. The Court stated that the opinion tendered by	it in the Berubari Union (1960) in this regard was wrong, and held
that the Preamble can be amended, subject to the condition that	no amendment is done to the ‘basic features’. In other words, the	Court held that the basic elements or the fundamental features of
the Constitution as contained in the Preamble cannot be altered	by an amendment under Article 36820 .	The Preamble has been amended only once so far, in 1976, by
the 42nd Constitutional Amendment Act, which has added three	new words–Socialist, Secular and Integrity–to the Preamble. This	amendment was held to be valid.
NOTES AND REFERENCES	1. Moved by Nehru on December 13, 1946 and adopted	by the Constituent Assembly on January 22, 1947.
2. Till the passage of the Indian Independence Act, 1947,	India was a dependency (colony) of the British Empire.	From August 15, 1947 to January 26, 1950, India’s
political status was that of a dominion in the British	Commonwealth of Nations. India ceased to be a British	dominion on January 26, 1950, by declaring herself a
sovereign republic. However, Pakistan continued to be a	British Dominion until 1956.	3. To dispel the lurking fears of some members of the
‘We took pledge long ago to achieve Purna Swaraj. We	have achieved it. Does a nation lose its independence	by an alliance with another country? Alliance normally
means commitments. The free association of the	sovereign Commonwealth of Nations does not involve	such commitments. Its very strength lies in its flexibility
and its complete freedom. It is well-known that it is open	to any member-nation to go out of the commonwealth if	it so chooses’. He further stated, ‘It is an agreement by
free will, to be terminated by free will’.	4. India became a member of the UNO in 1945.	5. The Resolution said: ‘In order to realise the object of
Congress and to further the objectives stated in the	Preamble and Directive Principles of State Policy of the	Constitution of India, planning should take place with a
view to the establishment of a socialistic pattern of	society, where the principal means of production are	under social ownership or control, production is
progressively speeded up and there is equitable	distribution of the national wealth’.	6. The Prime Minister, Indira Gandhi, said, ‘We have
always said that we have our own brand of socialism.	We will nationalise the sectors where we feel the	necessity. Just nationalisation is not our type of
socialism’.	7. G.B. Pant University of Agriculture and Technology v.	State of Uttar Pradesh (2000).
8. Nakara v. Union of India (1983).	9. On the basis of the attitude of the state towards religion,	three types of states can be conceived of:

sovereignty4 .

Being a sovereign state, India can either acquire a foreign

territory or cede a part of its territory in favour of a foreign state.

2. Socialist

Even before the term was added by the 42nd Amendment in

1976, the Constitution had a socialist content in the form of certain

Directive Principles of State Policy. In other words, what was

hitherto implicit in the Constitution has now been made explicit.

Moreover, the Congress party itself adopted a resolution5 to

establish a ‘socialistic pattern of society’ in its Avadi session as

early as in 1955 and took measures accordingly.

Notably, the Indian brand of socialism is a ‘democratic

socialism’ and not a ‘communistic socialism’ (also known as ‘state

socialism’) which involves the nationalisation of all means of

production and distribution and the abolition of private property.

side6. As the Supreme Court says, ‘Democratic socialism aims to

end poverty, ignorance, disease and inequality of opportunity7.

Indian socialism is a blend of Marxism and Gandhism, leaning

heavily towards the Gandhian socialism’8 .

The new Economic Policy (1991) of liberalisation, privatisation

and globalisation has, however, diluted the socialist credentials of

the Indian State.

3. Secular

The term ‘secular’ too was added by the 42nd Constitutional

Amendment Act of 1976. However, as the Supreme Court said in

1974, although the words ‘secular state’9 were not expressedly

mentioned in the Constitution, there can be no doubt that

Constitutionmakers wanted to establish such a state and

accordingly Articles 25 to 28 (guaranteeing the fundamental right

to freedom of religion) have been included in the constitution.

The Indian Constitution embodies the positive concept of

secularism ie, all religions in our country (irrespective of their

strength) have the same status and support from the state10 .

4. Democratic

A democratic11 polity, as stipulated in the Preamble, is based on

the doctrine of popular sovereignty, that is, possession of supreme

power by the people.

Democracy is of two types–direct and indirect. In direct

democracy, the people exercise their supreme power directly as is

the case in Switzerland. There are four devices of direct

democracy, namely, Referendum, Initiative, Recall and

Plebiscite12. In indirect democracy, on the other hand, the

representatives elected by the people exercise the supreme

power and thus carry on the government and make the laws. This

type of democracy, also known as representative democracy, is of

two kinds–parliamentary and presidential.

The Indian Constitution provides for representative

parliamentary democracy under which the executive is

Universal adult franchise, periodic elections, rule of law,

independence of judiciary, and absence of discrimination on

certain grounds are the manifestations of the democratic

character of the Indian polity.

The term ‘democratic’ is used in the Preamble in the broader

sense embracing not only political democracy but also social and

economic democracy.

This dimension was stressed by Dr. Ambedkar in his

concluding speech in the Constituent Assembly on November 25,

1949, in the following way:

“Political democracy cannot last unless there lies at the base of

it social democracy. What does social democracy mean ? It

means a way of life which recognises liberty, equality and

fraternity. The principles of liberty, equality and fraternity are not to

be treated as separate items in a trinity. They form a union of

trinity in the sense that to divorce one from the other is to defeat

the very purpose of democracy. Liberty cannot be divorced from

equality, equality cannot be divorced from liberty. Nor can liberty

and equality be divorced from fraternity. Without equality, liberty

would produce the supremacy of the few over the many. Equality

without liberty, would kill individual initiative”.12a

In the same context, the Supreme Court observed in 1997 that:

“The Constitution envisions to establish an egalitarian social order

rendering to every citizen social, economic and political justice in

a social and economic democracy of the Bharat Republic”.

5. Republic

A democratic polity can be classified into two categories–

monarchy and republic. In a monarchy, the head of the state

(usually king or queen) enjoys a hereditary position, that is, he

comes into office through succession, e.g., Britain. In a republic,

on the other hand, the head of the state is always elected directly

or indirectly for a fixed period, e.g., USA.

Therefore, the term ‘republic’ in our Preamble indicates that

India has an elected head called the president. He is elected

indirectly for a fixed period of five years.

A republic also means two more things: one, vesting of political

second, the absence of any privileged class and hence all public

offices being opened to every citizen without any discrimination.

6. Justice

The term ‘justice’ in the Preamble embraces three distinct forms–

social, economic and political, secured through various provisions

of Fundamental Rights and Directive Principles.

Social justice denotes the equal treatment of all citizens without

any social distinction based on caste, colour, race, religion, sex

and so on. It means absence of privileges being extended to any

particular section of the society, and improvement in the

conditions of backward classes (SCs, STs and OBCs) and

women.

Economic justice denotes the non-discrimination between

people on the basis of economic factors. It involves the elimination

of glaring inequalities in wealth, income and property. A

combination of social justice and economic justice denotes what is

known as ‘distributive justice’.

Political justice implies that all citizens should have equal

political rights, equal access to all political offices and equal voice

in the government.

The ideal of justice–social, economic and political–has been

taken from the Russian Revolution (1917).

7. Liberty

The term ‘liberty’ means the absence of restraints on the activities

of individuals, and at the same time, providing opportunities for

the development of individual personalities.

The Preamble secures to all citizens of India liberty of thought,

expression, belief, faith and worship, through their Fundamental

Rights, enforceable in court of law, in case of violation.

Liberty as elaborated in the Preamble is very essential for the

successful functioning of the Indian democratic system. However,

liberty does not mean ‘license’ to do what one likes, and has to be

enjoyed within the limitations mentioned in the Constitution itself.

The ideals of liberty, equality and fraternity in our Preamble

have been taken from the French Revolution (1789–1799).

8. Equality

The term ‘equality’ means the absence of special privileges to any

section of the society, and the provision of adequate opportunities

for all individuals without any discrimination.

The Preamble secures to all citizens of India equality of status

and opportunity. This provision embraces three dimensions of

equality–civic, political and economic.

The following provisions of the chapter on Fundamental Rights

ensure civic equality:

(a) Equality before the law (Article 14).

(b) Prohibition of discrimination on grounds of religion, race,

caste, sex or place of birth (Article 15).

(c) Equality of opportunity in matters of public employment

(Article 16).

(d) Abolition of untouchability (Article 17).

(e) Abolition of titles (Article 18).

There are two provisions in the Constitution that seek to

achieve political equality. One, no person is to be declared

ineligible for inclusion in electoral rolls on grounds of religion,

race, caste or sex (Article 325). Two, elections to the Lok Sabha

and the state assemblies to be on the basis of adult suffrage

(Article 326).

The Directive Principles of State Policy (Article 39) secures to

men and women equal right to an adequate means of livelihood

and equal pay for equal work.

9. Fraternity

Fraternity means a sense of brotherhood. The Constitution

promotes this feeling of fraternity by the system of single

citizenship. Also, the Fundamental Duties (Article 51-A) say that it

shall be the duty of every citizen of India to promote harmony and

the spirit of common brotherhood amongst all the people of India

The Preamble declares that fraternity has to assure two things–

the dignity of the individual and the unity and integrity of the

nation. The word ‘integrity’ has been added to the preamble by the

42nd Constitutional Amendment (1976).

According to K.M. Munshi, a member of the Drafting Committee

of the Constituent Assembly, the phrase ‘dignity of the individual’

signifies that the Constitution not only ensures material betterment

and maintain a democratic set-up, but that it also recognises that

the personality of every individual is sacred. This is highlighted

through some of the provisions of the Fundamental Rights and

Directive Principles of State Policy, which ensure the dignity of

individuals. Further, the Fundamental Duties (Article 51-A) also

protect the dignity of women by stating that it shall be the duty of

every citizen of India to renounce practices derogatory to the

dignity of women, and also makes it the duty of every citizen of

India to uphold and protect the sovereignty, unity and integrity of

India.

The phrase ‘unity and integrity of the nation’ embraces both the

psychological and territorial dimensions of national integration.

Article 1 of the Constitution describes India as a ‘Union of States’

to make it clear that the states have no right to secede from the

Union, implying the indestructible nature of the Indian Union. It

aims at overcoming hindrances to national integration like

communalism, regionalism, casteism, linguism, secessionism and

SIGNIFICANCE OF THE PREAMBLE

The Preamble embodies the basic philosophy and fundamental

values–political, moral and religious–on which the Constitution is

based. It contains the grand and noble vision of the Constituent

Assembly, and reflects the dreams and aspirations of the founding

fathers of the Constitution. In the words of Sir Alladi Krishnaswami

Iyer, a member of the Constituent Assembly who played a

significant role in making the Constitution, ‘The Preamble to our

Constitution expresses what we had thought or dreamt so long’.

According to K.M. Munshi, a member of the Drafting Committee

of the Constituent Assembly, the Preamble is the ‘horoscope of

our sovereign democratic republic’.

Pandit Thakur Das Bhargava, another member of the

Constituent Assembly, summed up the importance of the

Preamble in the following words: ‘The Preamble is the most

precious part of the Constitution. It is the soul of the Constitution.

It is a key to the Constitution. It is a jewel set in the Constitution. It

is a proper yardstick with which one can measure the worth of the

Constitution’.

Sir Ernest Barker, a distinguished English political scientist,

paid a glowing tribute to the political wisdom of the authors of the

Preamble. He described the Preamble as the ‘key-note’13 to the

Constitution. He was so moved by the text of the preamble that he

quoted14 it at the opening of his popular book, Principles of Social

and Political Theory (1951).

M. Hidayatullah, a former Chief Justice of India, observed,

‘Preamble resembles the Declaration of Independence of the

United States of America, but is more than a declaration. It is the

soul of our Constitution, which lays down the pattern of our

political society. It contains a solemn resolve, which nothing but a

PREAMBLE AS PART OF THE CONSTITUTION

One of the controversies about the Preamble is as to whether it is

a part of the Constitution or not.

In the Berubari Union16 case (1960), the Supreme Court said

that the Preamble shows the general purposes behind the several

provisions in the Constitution, and is thus a key to the minds of the

makers of the Constitution. Further, where the terms used in any

article are ambiguous or capable of more than one meaning,

some assistance at interpretation may be taken from the

objectives enshrined in the Preamble. Despite this recognition of

the significance of the Preamble, the Supreme Court specifically

opined that Preamble is not a part of the Constitution.

In the Kesavananda Bharati case17 (1973), the Supreme Court

rejected the earlier opinion and held that Preamble is a part of the

Constitution. It observed that the Preamble is of extreme

importance and the Constitution should be read and interpreted in

the light of the grand and noble vision expressed in the Preamble.

In the LIC of India case18 (1995) also, the Supreme Court again

held that the Preamble is an integral part of the Constitution.

Like any other part of the Constitution, the Preamble was also

enacted by the Constituent Assembly; but, after the rest of the

Constitution was already enacted. The reason for inserting the

Preamble at the end was to ensure that it was in conformity with

the Constitution as adopted by the Constituent Assembly. While

forwarding the Preamble for votes, the President of the

Constituent Assembly said, ‘The question is that Preamble stands

part of the Constitution’19. The motion was then adopted. Hence,

the current opinion held by the Supreme Court that the Preamble

is a part of the Constitution, is in consonance with the opinion of

the founding fathers of the Constitution.

However, two things should be noted:

1. The Preamble is neither a source of power to legislature nor

a prohibition upon the powers of legislature.

AMENABILITY OF THE PREAMBLE

The question as to whether the Preamble can be amended under

Article 368 of the Constitution arose for the first time in the historic

Kesavananda Bharati case (1973). It was urged that the Preamble

cannot be amended as it is not a part of the Constitution. The

petitioner contended that the amending power in Article 368

cannot be used to destroy or damage the basic elements or the

fundamental features of the Constitution, which are enshrined in

the Preamble.

The Supreme Court, however, held that the Preamble is a part

of the Constitution. The Court stated that the opinion tendered by

it in the Berubari Union (1960) in this regard was wrong, and held

that the Preamble can be amended, subject to the condition that

no amendment is done to the ‘basic features’. In other words, the

Court held that the basic elements or the fundamental features of

the Constitution as contained in the Preamble cannot be altered

by an amendment under Article 36820 .

The Preamble has been amended only once so far, in 1976, by

the 42nd Constitutional Amendment Act, which has added three

new words–Socialist, Secular and Integrity–to the Preamble. This

amendment was held to be valid.

NOTES AND REFERENCES

1. Moved by Nehru on December 13, 1946 and adopted

by the Constituent Assembly on January 22, 1947.

2. Till the passage of the Indian Independence Act, 1947,

India was a dependency (colony) of the British Empire.

From August 15, 1947 to January 26, 1950, India’s

political status was that of a dominion in the British

Commonwealth of Nations. India ceased to be a British

dominion on January 26, 1950, by declaring herself a

sovereign republic. However, Pakistan continued to be a

British Dominion until 1956.

3. To dispel the lurking fears of some members of the

‘We took pledge long ago to achieve Purna Swaraj. We

have achieved it. Does a nation lose its independence

by an alliance with another country? Alliance normally

means commitments. The free association of the

sovereign Commonwealth of Nations does not involve

such commitments. Its very strength lies in its flexibility

and its complete freedom. It is well-known that it is open

to any member-nation to go out of the commonwealth if

it so chooses’. He further stated, ‘It is an agreement by

free will, to be terminated by free will’.

4. India became a member of the UNO in 1945.

5. The Resolution said: ‘In order to realise the object of

Congress and to further the objectives stated in the

Preamble and Directive Principles of State Policy of the

Constitution of India, planning should take place with a

view to the establishment of a socialistic pattern of

society, where the principal means of production are

under social ownership or control, production is

progressively speeded up and there is equitable

distribution of the national wealth’.

6. The Prime Minister, Indira Gandhi, said, ‘We have

always said that we have our own brand of socialism.

We will nationalise the sectors where we feel the

necessity. Just nationalisation is not our type of

socialism’.

7. G.B. Pant University of Agriculture and Technology v.

State of Uttar Pradesh (2000).

8. Nakara v. Union of India (1983).

9. On the basis of the attitude of the state towards religion,

three types of states can be conceived of: