Preamble of the Indian Constitution with important case laws
The Nature of Constitution of India ( Federal or Unitary)
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Preamble amended by 42nd constitutional amendment, 1976. Socialist, Secularism & Integrity were added in preamble by 42nd constitutional amendment, 1976.
- sovereign (a governing body’s full right and sovereignty over itself, without interference from foreign sources or bodies),
- socialist (a political theory that supports political democracy within a socially owned economy), Added by 42nd amendment 1976
- secularism (the state of being unattached or impartial to religion) Added by 42nd amendment 1976
- democratic (a form of government in which the people have the authority to choose their governing legislators), assuring its citizens ( By the people, for the people and to the people)
- Republic (Head of the country is an elected representative Part V Art. 52 -171)
- Justice (Social, Economical & Political) (Part III Art. 12 – 35)
- Liberty (of thought, expression, belief, faith and worship)(Part III Art. 12 – 35)
- Equality (of status and of opportunity)
- Fraternity (assuring the dignity of the individual and the unity and integrity of the Nation)
In Re Berubari Union Case, AIR (1960) SC 845 –
- The Supreme Court held the Principle that Preamble is the key to know the opinions of the framers of the constitution.
- Preamble is not part of the constitution.
In Sajjan Singh Vs State of Rajasthan ( 1965) – The SC held that Preamble is the sum and substance of the constitution
Golak Nath Vs State of Punjab Case, AIR (1967), SC 1643
- The SC held that Preamble Sets out the main objectives which the legislation wants to achieve.
- Fundamental rights can not be amended by the parliament.
Keshvanand Bharti Vs State of Kerela, AIR (1973) SC 1461,
- Preamble is part of the Constitution. It is part of the basic structure of the constitution,
- It can be amended subject to basic structure of the Constitution.
Indra Nehru Gandhi Vs Raj Naryan. ( 1975) – The SC held that Rule of Law & Judicial review is essential. In democracy there should be free & fair election.
Excel Wear Vs Union of India (1979) – The SC held that there should be Balance between socialism and Private ownership.
D.S. Nakara Vs Union of India (1983) – The SC held that Basic purpose of Socialism is to provide decent standard of life and social security to people.
In S.R. Bommai Vs Union of India ( 1994) – Preamble is an integral part of the constitution.
B.R. Kapoor v. State of Tamilnadu, AIR 2001 SC 3455,
The constitution prevails over the will of the people as expressed through the majority party.
Aruna Roy Vs Union of India ( 2003) – Secularism has a positive meaning to develop understanding and respect towards different religion.
Preamble of the Indian Constitution
- CrPC
- Constitution of India
- Evidence Act
- Civil Procedure Code
- Indian Penal Code
- Jurisprudence
- International Law
- Law of Tort