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The Preamble
What the Preamble says, where it came from, its only amendment, and what the Supreme Court has said about it.
The Preamble is the introduction to the Constitution. In one sentence it states four things: where the Constitution gets its authority, what kind of state India is, what the Constitution aims to achieve for citizens, and the date it was adopted.
It opens with "We, the people of India". This means the Constitution draws its authority from the people. It was not handed down by a king or by the British Parliament; the people, through their Constituent Assembly, gave it to themselves.
It describes India as a Sovereign, Socialist, Secular, Democratic Republic. Sovereign: India decides its own internal and external affairs. Socialist: the state works to reduce inequality. Secular: the state has no religion of its own and treats all religions equally. Democratic: government is elected by the people. Republic: the head of state (the President) is elected, not hereditary.
It then lists four objectives for all citizens. Justice: social, economic and political. Liberty: of thought, expression, belief, faith and worship. Equality: of status and of opportunity. Fraternity: assuring the dignity of the individual and the unity and integrity of the Nation.
The Preamble is based on the Objectives Resolution, which Jawaharlal Nehru moved in the Constituent Assembly on 13 December 1946 and which the Assembly adopted on 22 January 1947. The Constitution, with its Preamble, was adopted on 26 November 1949. That date is now observed as Constitution Day (Samvidhan Divas). Most of the Constitution came into force on 26 January 1950.
The Preamble has been amended only once, by the 42nd Amendment in 1976. It added the words "socialist" and "secular", and changed "unity of the Nation" to "unity and integrity of the Nation". In November 2024, the Supreme Court dismissed petitions challenging these additions (Dr. Balram Singh v. Union of India).
Is the Preamble part of the Constitution? In the Berubari Union case (1960), the Supreme Court said it was not. In Kesavananda Bharati (1973), the Court reversed this: the Preamble is part of the Constitution and can be amended, but not in a way that destroys the basic structure. The LIC of India case (1995) confirmed it is part of the Constitution. The Preamble is non-justiciable: a court cannot enforce it directly, but it is used to interpret unclear provisions.
Exam traps
- The Preamble has been amended once (42nd Amendment, 1976), not never and not twice.
- Liberty covers thought, expression, belief, faith and worship. 'Economic liberty' is not in the list; 'economic' appears only under Justice.
- Equality is of status and of opportunity, not of income.
- 26 November 1949 is the adoption date; 26 January 1950 is when most of the Constitution came into force.
- Berubari (1960) said 'not part'; Kesavananda Bharati (1973) said 'part'. The later case is the current position.
Recap
- Source of authority: the people of India.
- Nature of the state: Sovereign, Socialist, Secular, Democratic Republic.
- Objectives: Justice, Liberty, Equality, Fraternity.
- Based on the Objectives Resolution (moved 13 Dec 1946, adopted 22 Jan 1947); adopted 26 Nov 1949.
- Amended once: 42nd Amendment, 1976 (socialist, secular, integrity).
- Part of the Constitution (Kesavananda Bharati, 1973), amendable within the basic structure, and non-justiciable.
Practice questions
Q1. Which of the following words were added to the Preamble by the 42nd Amendment, 1976?
1. Socialist
2. Secular
3. Integrity
4. Republic
Select the correct answer using the code below.
- 1 and 2 only
- 1, 2 and 3 only
- 2, 3 and 4 only
- 1, 2, 3 and 4
Show answer
Answer: B. 1, 2 and 3 only
The 42nd Amendment added 'socialist', 'secular' and 'integrity'. 'Republic' was in the original Preamble.
Q2. The Preamble promises liberty of which of the following?
1. Thought
2. Expression
3. Economic activity
4. Worship
Select the correct answer using the code below.
- 1 and 2 only
- 1, 2 and 4 only
- 2, 3 and 4 only
- 1, 2, 3 and 4
Show answer
Answer: B. 1, 2 and 4 only
Liberty in the Preamble is of thought, expression, belief, faith and worship. Economic liberty is not listed.
Q3. In which case did the Supreme Court hold that the Preamble is part of the Constitution and can be amended without altering the basic structure?
- In re Berubari Union (1960)
- Kesavananda Bharati v. State of Kerala (1973)
- S. R. Bommai v. Union of India (1994)
- Dr. Balram Singh v. Union of India (2024)
Show answer
Answer: B. Kesavananda Bharati v. State of Kerala (1973)
Kesavananda Bharati (1973) reversed the Berubari view and laid down the basic structure limit on amendments.
Q4. Consider the following statements about the Preamble:
1. It was adopted on 26 November 1949.
2. It can be enforced directly in a court of law.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: A. 1 only
The Preamble was adopted on 26 November 1949. It is non-justiciable: courts use it to interpret provisions but do not enforce it directly.
Q5. The words "We, the people of India" in the Preamble indicate that:
- Only citizens of India can vote
- The Constitution draws its authority from the people
- India is a federation of states
- The Constituent Assembly was directly elected
Show answer
Answer: B. The Constitution draws its authority from the people
The opening words state the source of authority: the people of India. The Constituent Assembly was in fact indirectly elected by provincial assemblies.
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- Constitution of India, Preamble (as amended) — https://legislative.gov.in/constitution-of-india/
- Constitution (Forty-second Amendment) Act, 1976, section 2 — https://www.indiacode.nic.in
- Constituent Assembly Debates, 13 December 1946 and 22 January 1947 — https://eparlib.nic.in
- In re Berubari Union (1960); Kesavananda Bharati v. State of Kerala (1973); LIC of India v. Consumer Education & Research Centre (1995) — https://main.sci.gov.in
- Dr. Balram Singh & Ors. v. Union of India, 2024 INSC 893 (25 November 2024) — https://main.sci.gov.in