Constitution Day here!🫡
Preamble comes with most tricky questions😮
Learn everything about Preamble in this SINGLE post
• Intro
• History
• Keywords
• Objectives
• Court Cases
• Other details for #UPSC
1. Introduction
Preamble explains philosophy & objectives of Constitution
As a living document,
it defines the core values & principles ‘for the nation’
Importantly, it gives an idea on:
• Source
• Nature of state
• Objectives of Constitution
• Date of adoption: 26/11/1949
You will remember this with mnemonic: SNOD
Also, Nov 26 is celebrated as Constitution day due to this date!
2. History
• Liberty, Equality, Fraternity (LEF):
Taken from French constitution
• Ideals of Preamble:
Laid down in Objective Resolution proposed by Pt. Nehru
• It is not enforceable in the courts
3. Keywords & Objectives
This is the section from where you see most Q
Note these carefully one by one
• We, the people of India
Rests ultimate sovereignty in hands of people of India
None but people determine independent authority of the state
• Sovereign
India has independent authority
Henceforth, Indian legislature will make its own laws
(Note: Not absolute laws, tho!)
• Socialist
An indicator of faith in mixed economy
It reflects direction as to achieve socialist ends via democratic means
(Note: Added by 42nd Amendment Act in 1976)
• Secular
Equal protection, respect & state support
To whom? All religions!
(Note: Added by 42nd Amendment Act in 1976)
• Democratic
Indian Constitution sets up an authority
This authority is expressed in elections as will of people
What for? A democratic process!
• Republic
Simple words: Head of state to be elected by People
In Indian sense, President is elected ‘indirectly’ by people of India
Further, Constitution has a main objective:
To promote harmony throughout the nation
How’s this ensured? Objectives!
How’re objectives achieved?
Through some factors as stated below
• Justice
A necessary factor to maintain societal order
Both, Fundamental Rights & DPSP enable justice
There are three elements to this:
(You can remember it with SEP)
a) Social Justice
No cast, creed, gender, religion based discrimination
b) Economic Justice
• No discrimination on economic basis
• Equal pay for equal work
c) Political Justice
No discrimination to participate in political opportunities
(Can be seen in right to vote or no educational barrier to fight election)
• Equality
Everyone is equal before law i.e.
No special privileges to any section of society
• Liberty
All people have freedom to:
Choose way of life, have politics views & behavior in society
(Note: Liberty to do anything but within limits of the law)
• Fraternity
Brotherhood feeling among all people
It aims to promote dignity & unity in the nation
Okay CSEWhy, I get all of these BUT
Why are these objectives important?
These are important to provide a way of life!
All of these are interconnected. How?
• Liberty & equality can’t exist without each other
• Liberty & equality can’t be natural without fraternity
• With no equality, liberty will put few supreme over many
• Individual initiative will be killed in equality w/o liberty
(all are linked)
4. Court Cases
Status of preamble has led to many cases
Find these summarized below👇🏼
• Berubari Union Case 1960
A case of Indo-Pak agreement to exchange enclaves reached SC
Referred u/A 143 by President,
8 judges sat down to discuss the matter. Outcome?
Preamble is key to open the mind of the makers’ but it can not be considered as part of the constitution
Therefore, it is not enforceable in a court of law! 😮
• Kesavananda Bharati Case 1973
13 judges sat down to hear a write petition
About preamble, these were observations:
a) Preamble is a part of the constitution
b) Not supreme power or source of any restriction but plays an important role in interpretation of statutes & provisions
Conclusion:
It is part of introductory part of constitution
• Union of Govt. v/s LIC of India 1995
SC: “Preamble is integral part but not enforceable in court of justice in India”
5. Other details
• Preamble can be amended u/A 368 (sans basic structure)
• 42nd Amendment Act 1976
a) Added Socialist, Secular, & Integrity
b) ‘Unity of Nation’ changed to ‘Unity & Integrity of Nation’
• On 26/11/1949, following articles came into force:
a) Citizenship: Articles 5-9
b) Oath of President: Article 60
c) Election Commission: Article 324
..along with: 367, 379 & 394
(rest all on 26/01/1950)