THE PREAMBLE OF INDIAN CONSTITUTION and related case law

             "WE THE  PEOPLE OF INDIA, having solemnly resolved to constitute India into 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.



The Preamble consists of four parts -


1) PART FIRST - Sources of the constitution.

2) PART SECOND - Types and Pattern of Government.

3) PART THIRD  - Aims and objectives

4) PART FORTH - Adoption and Enforcement of the Constitution.

1) Source of the Constitution - 

 'We' the people of India, it comes from the people of India. It means Sovereignty lies in the people. The ultimate sanction is the will of the people. Thus the source of the Constitution is the people of India and Not the States .

2) Type and pattern of the government - 

 The second part indicate type of government to be declares India to be Sovereign, Socialist, Secular, Democratic and Republic State. 

      The sovereignty denotes that there is no external and internal control. It is free within and free without. After independence on 15th August 1947, the British authority in India ended.

 Democratic denotes that the India has a Parliamentary form of Government, responsible to an elected legislature. Democracy is a system of government in which Supreme Power are vested in the people and are exercised by the people directly or through elected representatives. It is a government of the people 

, by the people, for the people.

 Republic means the head of the state is not a hereditary monarch but and elected functionary. In, India the executive is the President of India who is an elected representative of the people of India. Socialist and Secular these two words were not originally in the Preamble but were added to the Preamble by the 42nd amendment during Prime Ministership of Indira Gandhi. 

The socialism  employees that individual freedom is subordinated to the interest of community. It means Public Interest shall prevail over private interest. Though India has so many religions in it, India is a Cosmopolitan state and a state without any religion of its own. The constitution guarantees the freedom of religion to all citizens.

 3) Aims and objectives - 

To secure 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 ;

4) Adoption and enforcement of the Constitution - 

 Last part of the Preamble says that constitution is adopted and enacted and given by the people of India in constituent assembly on 26th November 1949. Thus it gives as source of Indian Constitution.

Case Law :

1) Sajjan Singh Vs. State of Rajasthan (AIR 1955 SC 845)

Held that the preamble indicates source of the constitution. It is an introduction to the statute, useful to understand the legislative intent and policy. It is a key to the minds of the feamers of the constitution.

2) Golalgnath V. State of Panjab ( AIR 1967 SC 1643)

Held that the constitution is a key to open the minds of the makers of the constitution.

3) Re. Berubari Union and Exchange of Enclaves (AIR 1960 SC 845)

Held that the preamble is not a part of the constitution and thus cannot be amended .

4) KeshavaNanda Bharti Sripadagalvaru V. State of Kerala ( AIR 1973 SC 1461)

Held that the preamble is a part of the constitution and is amendable. It can not however violate the 'basic structure' of the constitution.