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Introduction

The Preamble provides the fundamental principles and objectives of the Indian Constitution, outlining core values such as justice, liberty, equality, and fraternity. It is based on the Objective Resolution introduced by Jawaharlal Nehru in 1946.

Democratic Importance of the Preamble

  • Source of Authority: Declares the Constitution derives authority from “We the People.”
  • Envisions Social Justice: Emphasizes social, economic, and political justice, guiding policies like reservations (Articles 15, 16).
  • Affirms Equality: Promotes equality (Article 14, Right to Equality) and ensures no discrimination.
  • Secularism: Establishes India as a secular state, influencing laws like the Special Marriage Act.
  • Sovereignty: Highlights India’s sovereignty (Article 1), reinforcing its global standing.
  • Democratic Ideals: Encourages democracy, guiding reforms like Panchayati Raj (Article 40).

Limitations of the Preamble

  • Non-justiciable: Cannot be enforced in court (Maneka Gandhi v. Union of India, 1978).
  • Not a Source of Power: Does not grant powers to any government authority (Keshavananda Bharati case).
  • Ambiguity: Broad terms like “justice” and “fraternity” may lead to interpretation issues.
  • Changeability: Amendments can alter its objectives (42nd Amendment, 1976).

Preamble’s Role in Constitutional Interpretation

  • Guiding Principle: Sets the framework for interpreting the Constitution’s core values.
  • Context for Fundamental Rights: Aids in interpreting the scope of rights (e.g., Article 21, Right to Life).
  • Constitutional Amendments: Assists in determining permissible amendments (basic structure doctrine, Keshavananda Bharati).
  • Balancing of Powers: Helps interpret the balance of power between Union and States (Article 246).
  • Interpretation of Laws: Judges refer to it to ensure laws align with democratic principles (e.g., S.R. Bommai case on secularism).
  • Influence on Judicial Review: Guides judicial review by referencing the Constitution’s fundamental principles.
  • Ground for Public Scrutiny: Acts as a basis for public opposition to laws, e.g., Citizenship Amendment Act, seen as violative of the Preamble.

Value Addition

  • Adoption and Enforcement: Adopted on 26th November 1949, came into force on 26th January 1950, marking India’s Republic Day.
  • Objective Resolution: Based on Jawaharlal Nehru’s resolution moved on 13th December 1946 and adopted on 22nd January 1947.
  • 42nd Amendment, 1976: Added “Socialist,” “Secular,” and “Integrity” to the Preamble.
  • Non-justiciable: Not legally enforceable (Maneka Gandhi v. Union of India, 1978).
  • Granville Austin’s View: Described the Constitution as “a document of revolution,” with the Preamble reflecting its transformative vision for social, political, and economic justice.
Legacy Editor Changed status to publish June 20, 2025