The Preamble of the
Indian Constitution
Meaning and Concept of the Preamble
1.1 What is a Preamble?
- A Preamble is an introductory statement in a constitution that sets out the guiding purpose, principles, and philosophy of the document.
- The word “Preamble” derives from the Latin “praeambulus” meaning “walking before” — it walks before the Constitution and introduces it.
- It is the soul, spirit, and identity card of the Constitution. Pandit Thakurdas Bhargava called it “the soul of the Constitution.”
- It reflects the aspirations and ideals that the framers wished to achieve through governance.
- Sir Ernest Barker called the Indian Preamble “the key-note to the Constitution.”
1.2 Why Constitutions Begin with a Preamble
- Declares the source of authority — in India, it is “We, the People of India.”
- States the objectives — Justice, Liberty, Equality, Fraternity.
- Defines the nature of the state — Sovereign, Socialist, Secular, Democratic, Republic.
- Serves as a key to the minds of the Constitution makers (Sir Alladi Krishnaswami Ayyar).
- Provides an interpretive guide when constitutional provisions are ambiguous.
- Establishes legitimacy — declares the constitutional order derives from popular will, not colonial grant.
1.3 Preamble as the Philosophical Foundation
- The Preamble encapsulates the constitutional philosophy — the vision of a just, egalitarian, and democratic society.
- It bridges the aspirational values of the freedom movement with the operational text of the Constitution.
- K.M. Munshi described the Preamble as the “horoscope of our sovereign democratic republic.”
- N.A. Palkhivala called it the “identity card of the Constitution.”
- It embodies: constitutionalism, rule of law, popular sovereignty, and social transformation.
Flowchart: Structure of the Preamble
📌 NOTE: “We the People” signifies popular sovereignty — the ultimate authority rests with the citizens. The Constitution was adopted on 26 November 1949 and came into effect on 26 January 1950. The gap was deliberate — 26 January was the anniversary of the “Purna Swaraj” declaration (1930).
🔹 Prelims Key Facts:
- The Preamble was adopted on 26 November 1949 (now celebrated as Constitution Day).
- Thakurdas Bhargava called the Preamble the “soul of the Constitution.”
- Based on the Objectives Resolution moved by Nehru on 13 December 1946.
- K.M. Munshi called it the “horoscope of our sovereign democratic republic.”
- N.A. Palkhivala called it the “identity card of the Constitution.”
🔹 UPSC Mains PYQ / Probable:
“The Preamble is the key to open the mind of the makers of the Constitution.” Discuss the significance of the Preamble in understanding the Indian Constitution. (15 marks)
🔹 Interview Insight:
If asked: ‘What does the Preamble mean to you?’ — Link it to lived democratic experience: sovereignty lies with citizens, not the state; every election reaffirms ‘We the People.’ Also connect to the freedom struggle — the Preamble is the culmination of decades of anti-colonial aspiration.
Features of the Indian Preamble
2.1 Source of Authority: “We, the People of India”
- The Constitution derives its authority from the people of India — not from any king, God, or colonial authority.
- This establishes popular sovereignty as the foundational principle of Indian democracy.
- Inspired by the US Constitution (“We the People of the United States”).
- Though the Constituent Assembly was not elected by universal adult franchise, the phrase was deliberately retained to express the sovereign will of the entire nation.
- This phrase distinguishes India from constitutions granted by monarchs or imposed by colonial powers.
📌 KEY CONCEPT: “We, the People” means the Constitution is self-given (autochthonous), not a grant from any external authority. Every citizen is both the source and the subject of constitutional governance.
2.2 Nature of the State
Mind Map: Nature of the Indian State
(A) Sovereign
- Meaning: India is internally supreme and externally free — no external authority controls India.
- Internal Sovereignty: Supreme authority over all persons, associations, and institutions within its territory.
- External Sovereignty: India is neither a dominion nor a dependency. It can independently conduct foreign policy.
- Implications: India can acquire or cede territory (e.g., acquisition of Goa 1961; Berubari cession 1960; Sikkim merger 1975).
- Membership in UN, Commonwealth, WTO does not compromise sovereignty — these are voluntary associations.
- Constitutional Basis: Articles 1, 245, 246.
(B) Socialist
- Added by: 42nd Constitutional Amendment Act, 1976.
- Meaning: Indian socialism is “democratic socialism” — not rigid Marxist or Communist socialism.
- Key Features: Mixed economy; state intervention to reduce inequalities; welfare state model.
- Goal: Reduction of inequalities in income, status, and opportunities.
- Constitutional Basis: DPSPs — Articles 38, 39, 39A, 41, 42, 43, 43A, 47.
- Distinction from Soviet Socialism: Private property and enterprise are permitted, subject to regulation.
The Supreme Court held that the aim of a socialist state is to provide a decent standard of life to all citizens. The establishment of a welfare state is the goal. Pension is a right, not bounty.
The Court held that ‘socialist’ is an elastic term — its content changes with economic conditions. Indian socialism permits a mixed economy; it mandates equitable distribution but does not require abolition of private property.
The Court upheld that socialistic goals can justify reasonable restrictions on property rights in the interest of the community.
(C) Secular
- Added by: 42nd Constitutional Amendment Act, 1976.
- India has no official state religion. All religions are equal before the state.
- Indian Secularism = Sarva Dharma Sambhava (Equal respect for all religions).
- Constitutional Basis: Articles 25-28 (Freedom of Religion); Articles 14, 15 (Equality); Article 44 (UCC).
- Secularism was always implicit through Art. 25-28. The 42nd Amendment made it explicit.
| Aspect | Indian Secularism | Western Secularism (USA, France) |
|---|---|---|
| Principle | Sarva Dharma Sambhava (Equal respect for all religions) | Strict separation of Church and State |
| State-Religion Relation | State engages with religion to ensure equality (positive secularism) | State completely ignores religion (negative secularism) |
| State Intervention | State can regulate religious practices (e.g., temple entry, abolition of untouchability) | State does not interfere in religious affairs |
| Example | State manages temples, provides Haj subsidy, funds minority institutions | No state funding for any religious activity |
The 9-judge bench held that secularism is a basic feature of the Constitution. Using religion for political gain violates constitutional secularism. A state government acting against secular principles can be dismissed under Article 356. Justice Jeevan Reddy: “Religion has no place in matters of the State.”
The Court (4:1) held that constitutional morality, rooted in secularism, demands that religious practices must yield to fundamental rights — especially equality and non-discrimination (Articles 14, 15, 25).
(D) Democratic
- Meaning: Government derives authority from the will of the people through periodic, free, and fair elections.
- India follows representative (indirect) democracy.
- Universal Adult Suffrage: Every citizen above 18 years can vote (reduced from 21 by the 61st Amendment Act, 1988).
- Democracy extends to social and economic spheres (emphasized in DPSPs).
- Ambedkar’s Warning: “Political democracy cannot last unless there lies at the base of it social democracy.” One person, one vote is insufficient without one person, one value.
- Grassroots democracy: Panchayati Raj (73rd Amendment) and Municipalities (74th Amendment).
The Supreme Court held that free and fair elections are a basic feature of the Constitution. No amendment can destroy the democratic character of the Constitution.
(E) Republic
- Meaning: The head of state (President) is an elected representative — not a hereditary monarch.
- President is indirectly elected by an electoral college (Article 54).
- Republic ensures no privileged class — every citizen is eligible for the highest office.
- Contrast: UK = Constitutional Monarchy; India = Republic. Both are democracies but differ crucially.
- Power flows from the governed, not the governor.
2.3 Objectives of the Constitution
Mind Map: Objectives in the Preamble
(A) Justice — Social, Economic, and Political
- Social Justice: Elimination of caste, gender, and religious discrimination. Articles 14-18, 38, 46.
- Economic Justice: Equitable distribution of wealth; prevention of concentration. Articles 39(b), 39(c), 41-43.
- Political Justice: Equal political rights — universal suffrage, one person one vote. Articles 325, 326.
- The trinity is secured through Fundamental Rights (Part III) and DPSPs (Part IV) combined.
- Sources: Russian Revolution (socio-economic) and French Revolution (political justice).
The SC struck down regulations requiring air hostesses to retire upon marriage or first pregnancy as violative of social justice and equality under Articles 14, 15, and 16.
(B) Liberty
- Scope: Liberty of thought, expression, belief, faith, and worship.
- Not absolute: Subject to reasonable restrictions (Article 19(2)-19(6)).
- Constitutional Basis: Articles 19, 21, 25-28.
- Expanded: Right to privacy (Puttaswamy 2017), right to live with dignity (Francis Coralie Mullin 1981), right to travel abroad (Maneka Gandhi 1978).
- Root: French Revolution’s “Liberté, Égalité, Fraternité.”
The 7-judge bench held that right to life and personal liberty under Art. 21 cannot be taken away by a procedure that is not just, fair, and reasonable. This expanded ‘liberty’ to encompass the full range of rights that make life meaningful.
(C) Equality
- Scope: Equality of status and of opportunity.
- Constitutional Basis: Articles 14, 15, 16, 17, 18.
- Both formal equality (equal treatment) and substantive equality (affirmative action/reservations) recognized.
- Equality of Status: Abolition of untouchability (Art. 17) and titles (Art. 18).
- Reservations under Articles 15(4), 16(4) are instruments of equality, not exceptions to it.
9-judge bench (Mandal Commission case) upheld 27% OBC reservation. Total reservations should not exceed 50% ordinarily; creamy layer must be excluded. Reservations are an instrument of substantive equality.
(D) Fraternity
- Scope: Assuring the dignity of the individual and the unity and integrity of the Nation.
- “Integrity” added by the 42nd Amendment Act, 1976.
- Fraternity = sense of brotherhood, common citizenship, and emotional integration.
- Constitutional Basis: Article 51A (Fundamental Duties) — promote harmony and brotherhood.
- Essential to combat regionalism, casteism, communalism, and linguism.
- Ambedkar: Without fraternity, liberty and equality remain merely formal.
2.4 Summary Table: Values & Objectives
| Element | Category | Key Articles | Significance |
|---|---|---|---|
| We the People | Source of Authority | — | Popular sovereignty; democratic legitimacy |
| Sovereign | Nature of State | Art. 1, 245, 246 | Internal supremacy; external freedom |
| Socialist | Nature of State | Art. 38, 39, 41-43 | Mixed economy; reduction of inequality |
| Secular | Nature of State | Art. 25-28, 44 | Equal respect for all religions |
| Democratic | Nature of State | Art. 326, 324 | Representative democracy; universal suffrage |
| Republic | Nature of State | Art. 54, 55 | Elected head of state; no hereditary rule |
| Justice | Objective | Art. 14-18, 38-39 | Social, economic, and political justice |
| Liberty | Objective | Art. 19, 21, 25 | Thought, expression, belief, faith, worship |
| Equality | Objective | Art. 14-18 | Status and opportunity |
| Fraternity | Objective | Art. 51A | Dignity + unity + integrity |
🔹 Prelims Key Facts:
- ‘Socialist’, ‘Secular’, and ‘Integrity’ were added by the 42nd Amendment Act, 1976.
- Voting age reduced from 21 to 18 by the 61st Amendment Act, 1988.
- S.R. Bommai (1994) — secularism is a basic feature.
- Indra Sawhney (1992) — 50% ceiling; creamy layer exclusion.
🔹 UPSC Mains PYQ / Probable:
“The Indian Preamble reflects a unique blend of liberal and social-democratic ideals.” Critically analyse the nature of the Indian state as described in the Preamble. (15 marks)
🔹 Interview Insight:
If asked: ‘Is India truly secular?’ — Indian secularism is positive secularism (state engages with religion to ensure equality) unlike Western negative secularism (state ignores religion). Secularism was implicit from 1950; made explicit in 1976.
Source of the Preamble
3.1 The Objectives Resolution (1946)
- Moved by: Pandit Jawaharlal Nehru on 13 December 1946.
- Adopted: By the Constituent Assembly on 22 January 1947.
- It declared India to be an Independent Sovereign Republic.
- Guaranteed Justice, Equality, and Freedom to all citizens.
- Provided adequate safeguards for minorities, backward and tribal areas, and depressed classes.
📌 KEY FACT: The Preamble was the last item drafted and adopted (26 November 1949), though the Objectives Resolution was passed at the very beginning (22 January 1947). This was deliberate — the framers wanted it to reflect the totality of the Constitution. It was a summing-up, not a starting point.
Flowchart: Evolution of the Preamble
3.2 Influences from Other Constitutions
| Feature / Idea | Borrowed From | Details |
|---|---|---|
| “We the People” / Popular sovereignty | USA (1787) | Opening phrase inspired by the US Constitution |
| Liberty, Equality, Fraternity | French Revolution (1789) | Revolutionary ideals; also influenced by UDHR (1948) |
| Justice (Social, Economic, Political) | Russian Revolution (1917) | Emphasis on socio-economic justice |
| Republic / Democratic ideals | Ireland / UK | Republican structure; parliamentary democracy |
| Concept of a Preamble itself | USA | Among the first to use a formal Preamble |
3.3 Constituent Assembly: Key Facts
- Total members: 389 (original); reduced to 299 after Partition.
- First meeting: 9 December 1946; Permanent President: Dr. Rajendra Prasad.
- Drafting Committee: 7 members, chaired by Dr. B.R. Ambedkar.
- Constitution-making took 2 years, 11 months, and 18 days over 165 days of sitting.
🔹 Prelims Key Facts:
- Objectives Resolution — moved 13 Dec 1946; adopted 22 Jan 1947.
- Preamble was the last item adopted (26 November 1949).
- Drafting Committee: 7 members, chaired by Dr. B.R. Ambedkar.
- Total time: 2 years, 11 months, 18 days; 165 days of sitting.
🔹 UPSC Mains PYQ / Probable:
“The Preamble of the Indian Constitution is a product of the Objectives Resolution.” Trace the evolution from the Objectives Resolution. (10 marks)
🔹 Interview Insight:
‘Why was the Preamble drafted last?’ — The framers wanted it to be a precise reflection of the Constitution’s entirety, not a preliminary aspiration.
Is the Preamble a Part of the Constitution?
4.1 Early View: Berubari Union Case (1960)
The Supreme Court (advisory opinion under Article 143) held that the Preamble is NOT a part of the Constitution. It serves only as an aid to interpretation when provisions are ambiguous. Cannot override clear constitutional text.
4.2 Current Position: Kesavananda Bharati (1973)
The 13-judge Constitution Bench (largest ever; decided 7:6) held:
1. The Preamble IS a part of the Constitution.
2. It can be amended under Art. 368, but the basic structure cannot be destroyed.
3. The Preamble reflects the basic features / basic structure.
4. Established the Basic Structure Doctrine — the most significant judicial contribution to Indian constitutional law.
5. The Preamble is neither a source of power nor a source of limitations.
4.3 Comparison: Berubari vs. Kesavananda Bharati
| Aspect | Berubari Union (1960) | Kesavananda Bharati (1973) |
|---|---|---|
| Status | NOT part of the Constitution | IS part of the Constitution |
| Amendability | Not specifically discussed | Amendable under Art. 368 (basic structure protected) |
| Role | Interpretive aid only | Interpretive aid + integral part |
| Basic Structure | Not conceptualized | Preamble reflects the Basic Structure |
| Bench | Advisory opinion (Art. 143) | 13-judge bench (7:6 majority) |
📌 NOTE: The Preamble is neither a source of power nor a source of limitations. But it is a guiding light for interpretation — the soul that breathes life into the Constitution’s text.
🔹 Prelims Key Facts:
- Berubari (1960): Preamble NOT part. Kesavananda (1973): Preamble IS part.
- Kesavananda — 13-judge bench, 7:6 majority.
- Basic Structure Doctrine established in 1973.
- LIC of India (1995) reaffirmed Preamble is integral.
🔹 UPSC Mains PYQ / Probable:
“The Preamble, though part of the Constitution, is not enforceable in court.” Discuss with judicial pronouncements. (15 marks)
🔹 Interview Insight:
‘Can you challenge a law for violating the Preamble?’ — Not directly. But it informs interpretation of FRs and DPSPs. The Preamble’s spirit pervades all judicial review.
Amendment of the Preamble
5.1 Can the Preamble Be Amended?
- Yes — amendable under Article 368 (Kesavananda Bharati, 1973).
- The basic structure cannot be destroyed even by amendment.
- The power to amend is not a power to destroy.
5.2 The 42nd Constitutional Amendment Act, 1976
- The only amendment to the Preamble so far.
- Enacted during the Internal Emergency (1975-77) under PM Indira Gandhi.
- Three words added: “Socialist,” “Secular,” and “Integrity.”
- Known as the “Mini-Constitution” due to sweeping changes.
5.3 Before and After: Comparison Table
| Aspect | BEFORE (Original 1949) | AFTER (42nd Amdt 1976) |
|---|---|---|
| Nature of State | Sovereign Democratic Republic | Sovereign Socialist Secular Democratic Republic |
| “Socialist” | Not present (DPSPs had socialist ideals) | Explicitly added — democratic socialism |
| “Secular” | Not present (Art. 25-28 existed) | Explicitly added — equal respect for all religions |
| Unity Clause | “Unity of the Nation” | “Unity and Integrity of the Nation” |
| Context | Original Preamble (1949) | Amended during Emergency (1975-77) |
Flowchart: The Preamble Amendment Journey
⚠ CRITICAL PERSPECTIVE: The 42nd Amendment was passed during the Emergency when democratic norms were suspended. Critics argue the additions were politically motivated. However, the substance was already implicit. The 44th Amendment (1978, Morarji Desai government) reversed many Emergency changes but retained the Preamble amendments — indicating bipartisan acceptance.
🔹 Prelims Key Facts:
- 42nd Amendment (1976) — only amendment to the Preamble.
- Words added: “Socialist,” “Secular,” “Integrity.”
- 42nd Amendment = “Mini-Constitution.”
- 44th Amendment (1978) retained Preamble changes.
🔹 UPSC Mains PYQ / Probable:
“The 42nd Amendment merely made explicit what was already implicit.” Critically examine. (15 marks)
🔹 Interview Insight:
‘Should the 42nd Amendment additions be removed?’ — These terms now carry deep constitutional weight. Removal would be regressive. Cross-party consensus confirmed by the 44th Amendment retaining them.
Use and Significance of the Preamble
6.1 Interpretive Role
- Courts use the Preamble as an interpretive guide when provisions are ambiguous.
- Cannot override clear text (Berubari, 1960), but illuminates purpose.
- Helps determine the intent of framers and spirit of the Constitution.
Reaffirmed that the Preamble is integral to the Constitution and helps interpret any article where language is ambiguous. The Preamble is the “guiding star” for interpretation.
6.2 Guiding Principles for the Three Organs
| Organ | How the Preamble Guides | Example |
|---|---|---|
| Judiciary | Interprets laws in light of Preamble values; uses constitutional morality | S.R. Bommai (1994); Navtej Johar (2018) |
| Legislature | Laws must reflect justice, equality, liberty | Right to Education Act, 2009; MGNREGA |
| Executive | Governance must uphold democratic, secular, welfare values | PDS, PMAY, Ayushman Bharat |
6.3 Constitutional Morality
- Definition: Adherence to the values of the Constitution, distinct from popular/social morality.
- The Preamble is the primary source of constitutional morality.
- Ambedkar: “Constitutional morality is not a natural sentiment. It has to be cultivated.”
Decriminalized consensual homosexual relations (struck down Section 377). Constitutional morality — rooted in dignity, liberty, equality — must prevail over social morality.
Struck down Section 497 IPC (adultery). Treating women as property of husbands is unconstitutional. Dignity and equality from Preamble cited.
9-judge bench unanimously held Right to Privacy is a fundamental right under Art. 21. Relied on Preamble’s values of liberty and dignity.
🔹 Prelims Key Facts:
- Navtej Johar (2018) — Section 377 struck down.
- K.S. Puttaswamy (2017) — Right to Privacy under Art. 21.
- Constitutional morality introduced by Dr. Ambedkar.
🔹 UPSC Mains PYQ / Probable:
“Constitutional morality, not popular morality, should guide governance.” Examine with Preamble and SC judgments. (15 marks)
🔹 Interview Insight:
‘What is constitutional morality?’ — Fidelity to the Constitution’s text, spirit, and values over majoritarian sentiment. It is the conscience of the Constitution.
Why the Preamble is Important
7.1 Moral Compass
- Guides all organs of the state as a moral compass and benchmark.
- Reminds of promises made at Independence — justice, liberty, equality, fraternity.
- Serves as a corrective reference when the state deviates from ideals.
7.2 National Integration
- Emphasis on fraternity, unity, integrity combats communalism, casteism, regionalism.
- “We, the People” promotes common citizenship transcending identity markers.
- In a nation of 1.4+ billion with hundreds of languages and cultures, the Preamble provides the unifying constitutional identity.
7.3 Linkage Table: Preamble ↔ FR ↔ DPSP ↔ FD
| Preamble Value | Fundamental Rights (III) | DPSPs (IV) | Fundamental Duties (IVA) |
|---|---|---|---|
| Justice | Art. 14-18 (Equality) | Art. 38, 39 (Social & Economic Justice) | Art. 51A(j) — Strive for excellence |
| Liberty | Art. 19, 21 (Freedoms, Life) | Art. 45, 47 (Education, Health) | Art. 51A(h) — Scientific temper |
| Equality | Art. 14-18 | Art. 38(2), 39(d) — Equal pay | Art. 51A(e) — Renounce discrimination |
| Fraternity | Art. 17 (Abolition of Untouchability) | Art. 46 (Weaker sections) | Art. 51A(e) — Brotherhood |
| Secularism | Art. 25-28 (Religious Freedom) | Art. 44 (Uniform Civil Code) | Art. 51A(e) — Composite culture |
📖 SCHOLARLY INSIGHT: The Preamble is the thread that weaves FR (political democracy), DPSPs (social-economic democracy), and FD (civic responsibility) into a coherent fabric. Granville Austin called this the “seamless web” of the Indian Constitution.
🔹 Prelims Key Facts:
- 11 Fundamental Duties under Article 51A (added by 42nd Amendment).
- Art. 51A(e) — duty to promote harmony; linked to ‘fraternity.’
- Granville Austin: FR + DPSPs = “seamless web.”
🔹 UPSC Mains PYQ / Probable:
“The Preamble weaves FR, DPSPs, and FD into a coherent constitutional fabric.” Discuss. (15 marks)
🔹 Interview Insight:
‘FR or DPSPs — which is more important?’ — Both are essential. FRs give political democracy; DPSPs give social-economic democracy. The Preamble envisions both together.
Comparative Study: Preamble of Other Countries
8.1 Comprehensive Comparison Table
| Country | Length | Ideological Focus | Source of Sovereignty | Amendability |
|---|---|---|---|---|
| India (1950) | Moderately detailed | Social justice, secularism, democracy, transformative | “We, the People of India” | Amended once (1976) |
| USA (1787) | Very short (52 words) | Liberty, justice, common defence, welfare | “We the People of the United States” | Never amended |
| France (1958) | Short | Liberty, equality, fraternity; secular & social republic | “The French people” | Amendable (last: 2008) |
| South Africa (1996) | Detailed | Human dignity, equality, non-racialism | “We, the people of South Africa” | Amendable |
| Australia (1901) | Minimal / Functional | Federation, governance structure only | “The people of the states” | Amendable (referendum) |
8.2 Key Analytical Points
- USA: Short (52 words), timeless, never amended. Inspired India’s “We the People.” Brevity = flexibility but lacks social justice specificity.
- India: More detailed and transformative — envisions social revolution, not just a state. Both descriptive and aspirational.
- South Africa: Most progressive; reflects post-apartheid reconciliation. Similar transformative character to India.
- France: Rooted in revolution; 1958 Preamble refers to 1789 Declaration — centuries of continuity.
- Australia: Purely procedural — no ideological vision, no mention of rights or values.
📌 KEY INSIGHT: India’s Preamble is uniquely transformative — it envisions the state India aspires to become. Unlike the US Preamble (which preserved the status quo including slavery at adoption), the Indian Preamble explicitly mandates social transformation.
🔹 Prelims Key Facts:
- US Preamble: 52 words, never amended.
- South Africa (1996) — most progressive constitution.
- France 1958 refers to 1789 Declaration.
- Australia — purely functional, no ideological content.
🔹 UPSC Mains PYQ / Probable:
“The Indian Preamble is both a description and an aspiration.” Compare with any two other countries. (15 marks)
🔹 Interview Insight:
‘Which country has the best Preamble?’ — No ‘best’ exists — each reflects its historical context. India’s is transformative (post-colonial), South Africa’s reconciliatory (post-apartheid), USA’s enduring (post-revolution).
Associated & Enrichment Topics
9.1 Preamble and the Basic Structure Doctrine
- The Basic Structure Doctrine (1973) holds that certain features are unamendable even by Parliament.
- The Preamble encapsulates these basic features — sovereignty, democracy, secularism, republic, justice, liberty, equality, fraternity.
Flowchart: Basic Structure Elements from the Preamble
Judicial review is part of the basic structure. The balance between FR and DPSPs — both reflected in the Preamble — is itself a basic feature.
9.2 Preamble and Constitutional Morality
- Constitutional morality = governance by values of the Constitution, not whims of the majority.
- Recent landmark expansions of rights:
- Navtej Singh Johar (2018) — Homosexuality decriminalized
- Sabarimala (2018) — Women’s right to worship
- Joseph Shine (2018) — Adultery law struck down
- K.S. Puttaswamy (2017) — Right to Privacy
- Shayara Bano (2017) — Triple talaq unconstitutional
9.3 Criticism of the Preamble
- Not enforceable: Cannot directly challenge or strike down a law.
- “Socialist” controversy: Ideologically loaded; restricts economic policy in a liberalized economy.
- “Secular” controversy: Added politically during Emergency.
- “We the People” challenge: Adopted by a limited-franchise Constituent Assembly, not a referendum.
- Aspirational gap: Promises vs. ground realities of caste discrimination, inequality, communal tension.
- Vagueness: “Socialist” and “secular” lack precise constitutional definitions.
9.4 Preamble as a Tool of Social Revolution
- The Constitution is an instrument of social revolution (Granville Austin).
- The Preamble sets the revolutionary agenda — dismantling caste hierarchy, economic exploitation, social discrimination.
- Unlike the US Constitution (which preserved slavery at adoption), the Indian Preamble explicitly mandates transformation.
- Ambedkar: “Political democracy cannot last unless there lies at the base of it social democracy.”
📖 SCHOLARLY INSIGHT: Granville Austin described the Constitution as “first and foremost a social document.” The Preamble is its mission statement — a charter of transformation, not merely governance. Every progressive law and judgment since 1950 draws its moral authority from this Preamble.
🔹 Prelims Key Facts:
- Minerva Mills (1980) — judicial review is basic structure.
- Shayara Bano (2017) — triple talaq unconstitutional.
- Granville Austin — Constitution is “first and foremost a social document.”
- Ambedkar: “Constitutional morality has to be cultivated.”
🔹 UPSC Mains PYQ / Probable:
“The Preamble is not merely a decorative introduction but a potent instrument of social transformation.” Discuss with Basic Structure Doctrine and Constitutional Morality. (15 marks)
🔹 Interview Insight:
‘Has the Preamble achieved its objectives?’ — Acknowledge gaps, but emphasize it as a living aspiration. The journey is incomplete, but the direction is set. It is a compass, not a destination.
Quick Revision: Key Dates & Facts
| Date / Year | Event / Fact |
|---|---|
| 9 Dec 1946 | First meeting of the Constituent Assembly |
| 13 Dec 1946 | Objectives Resolution moved by Jawaharlal Nehru |
| 22 Jan 1947 | Objectives Resolution adopted |
| 29 Aug 1947 | Drafting Committee appointed; Ambedkar as Chairman |
| 26 Nov 1949 | Constitution (including Preamble) adopted — Constitution Day |
| 26 Jan 1950 | Constitution came into force — Republic Day |
| 1960 | Berubari Union Case — Preamble NOT part of Constitution |
| 1973 | Kesavananda Bharati — Preamble IS part; Basic Structure Doctrine |
| 1975 | Indira Gandhi v. Raj Narain — free elections = basic structure |
| 1976 | 42nd Amendment — “Socialist,” “Secular,” “Integrity” added |
| 1978 | Maneka Gandhi — expanded Art. 21 (due process) |
| 1980 | Minerva Mills — judicial review = basic structure |
| 1992 | Indra Sawhney — OBC reservation; 50% ceiling; creamy layer |
| 1994 | S.R. Bommai — secularism = basic feature |
| 1995 | LIC of India — Preamble is integral to the Constitution |
| 2017 | K.S. Puttaswamy — Right to Privacy; liberty and dignity |
| 2017 | Shayara Bano — Triple talaq unconstitutional |
| 2018 | Navtej Singh Johar — Section 377 struck down; constitutional morality |
| 2018 | Joseph Shine — Section 497 struck down; equality and dignity |
| 2018 | Sabarimala — women’s entry; constitutional morality over social morality |
