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Preamble

The document summarizes the preamble of the Indian constitution. It discusses that the preamble lays out the objectives and ideals of a sovereign, socialist, secular, democratic republic. These include justice, liberty, equality and fraternity. While initially not considered part of the constitution, it is now seen as integral and helps interpret other parts of the constitution. Key terms in the preamble like sovereign, socialist, secular and democratic are also explained in detail.

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Aman Singh
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160 views17 pages

Preamble

The document summarizes the preamble of the Indian constitution. It discusses that the preamble lays out the objectives and ideals of a sovereign, socialist, secular, democratic republic. These include justice, liberty, equality and fraternity. While initially not considered part of the constitution, it is now seen as integral and helps interpret other parts of the constitution. Key terms in the preamble like sovereign, socialist, secular and democratic are also explained in detail.

Uploaded by

Aman Singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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By- Dr.Priyanka R.

Preamble of the Constitution of India


“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 26th day of
November 1949, do HEREBY ADOPT, ENACT AND GIVE
TO OURSELVES THIS CONSTITUTION”.
Synopsis
What is the Preamble?
Objectives of the Preamble
Is Preamble a part of the Constitution?
Key Words in the Preamble
Conclusion
What is the Preamble?

 Krishnawsamy Iyer, ‘ What we had thoughts or dreamt so long, the


Constitution makers gave to preamble the place of pride’
 Thakur Das Bhargava- ‘ The preamble is the most precious part of
the Constitution. It is a key to open the Constitution. It is an
appropriate yardsticks with which one can measures the worth of the
Constitution’
 Introduction of Constitution
 Beginning point
 based on the ‘Objective Resolution’
 introduced objective resolution on December 13, 1946, was accepted
by the Constituent Assembly on 22 January 1947.
 limited and definite- the important features
 It was adopted on 26th November 1949 and it was started from 26th
January 1950
Golak Nath V. State of Punjab- The Preamble
generally sets the ideals and the goals which the
Constitution maker intend to achieve through that
Constitution.
Object of the Preamble
To promote harmony throughout the nation
Maintain integrity and unity in the society
The factors which help in achieving this objective
are:

Justice Equality Liberty

Fraternit
y
1. Justice

Social Justice

Economic Justice-No
discrimination can be caused

Political Justice
2. Equality
No special privileges
Removing all types of discriminations
3. Liberty- thoughts, expression belief and faith
‘Liberty’ means freedom
Limitations
4. Fraternity
feeling of brotherhood and an emotional attachment
above caste, age, or gender
Is Preamble a part of the Constitution?
Re Berubari Union Case- AIR 1960 SC 845 -
the Court stated that ‘Preamble is the key to open the
mind of the makers’ but it can not be considered as the
part of the Constitution.
Kesavananda Bharati V. State of Kerala And Anr
on 24 April, 1973
The Preamble of the Constitution will now be considered
as part of the Constitution. It plays an important role in
the interpretation of statutes and provisions of the
Constitution.
Amendment of the Preamble- preamble is part of the
Constitution. So, as a part of the Constitution, it can be
amended under Art. 368 of the Constitution.
42nd Amendment Act, 1976-
‘Socialist’, ‘Secular’were added to the preamble
Union Government Vs LIC of India- the Supreme
Court has once again held that Preamble is the integral
part of the Constitution but is not directly enforceable
in a court of justice in India.
Key Words in the Preamble
Sovereign

Republic Socialist

Democratic Secular
1. Sovereign- ‘Sovereign’ means the independent
authority of the state.
Two types- External and Internal
Synthetic and Chemicals Ltd. V. The State of U.P.,
1990 AIR 1927
the Supreme Court decided that the word ‘sovereign’
means that the state has the authority do everything
within the restrictions given by the Constitution.
2. Socialist- The term socialist denotes democratic
socialism.
Mrs. Indira Gandhi explained socialist as ‘equality of
opportunity’ or ‘better life for the people’.
D.S. Nakara V. Union of India 1983 SCR (2) 165
‘the basic purpose of socialism is to provide a decent
standard of life to the people living in the country and
to protect them from the day they are born till the day
they die’.
3. Secular- . The state treats all religions equally, with
equal respect and can not discriminate between them.
S.R. Bommai V. Union of India, 1994 SCC (3) 1 The
Apex Court found the concept of secularism as the
basic feature of the Constitution.
Bal Patil v. Union of India, 8 August, 2005
the Court held that all religions and religious groups
must be treated equally and with equal respect.
India is a secular state where people have the right to
choose their religion. But the state will have no
specific religion.
4. Democratic- The term ‘Democratic’ is derived from
the Greek words where ‘demos’ means ‘people’ and
‘Kratos’ means ‘authority’.
 Union of India v. Association of Democratic
Reforms,
 Basic requirement of a successful democracy is
awareness of the people.
A democratic form of Government can not survive
without fair elections, as fair elections are the soul of
democracy.
Democracy also improves the way of life by protecting
human dignity, equality, and the rule of law.
5. Republic- India has a republic form of government as the
head of state is elected and not a hereditary monarch like a king
or queen.
Conclusion- In conclusion, it will not be wrong to say that the
preamble is an integral part of the Constitution because it
contains the spirit and ideology of the Constitution.
The objectives in the Preamble are just a part of basic structure
of the Constitution and nothing more than that. So, Preamble
cannot be amended so as to destroy the objectives, but also
cannot be used as a law to judge people on.
Preamble is an introduction to constitution to be read when the
language of law seems ambiguous and it's NOT BASIC
STRUCTURE OF CONSTITUTION rather than IDEALS
ENSHRINED IN THE PREAMBLE FORMS THE BSAIC
STRUCTURE OF THE CONSTITUTION.

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