Preamble of the Constitution

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST (42^nd CAA) SECULAR(42^nd CAA) 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 (42^nd CAA) of the Nation;

IN OUR CONSTITUENT ASSEMBLY this 26th day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Preamble = Identity card of the constitution - N A Palkhivala
Objective Resolution (JLN) – Became preamble

Ingredients of constitution

Source of authority of the constitution – people
Nature of Indian state – SSSDR
Objective - JLEF
Date of adoption – Nov,26,1949

Keywords in Preamble

Sovereign – Not dependent
Socialist – 42^nd CAA
- democratic socialism not communistic socialism
- mixed economy – blend of Marxism and Gandhism leaning heavily towards Gandhian socialism
Secular – 42^nd CAA
- Non-religious, not irreligious
- protect all religion
Democratic
- Direct (Switzerland)
  - referendum (on a bill)
  - initiative (people can propose a bill)
  - recall
  - plebiscite (vote for territorial dispute)
- Indirect (India)
  - representative
  - 2 types
    - parliamentary
    - presidential
Republic
- Vesting political sovereignty on people
- Absence of privileged class
Justice
- Russian revolution
- {social, economic} = distributive justice
  - equal treatment
  - no privileges
  - positive discrimination
- political
  - equal political rights
  - equal access to political office
  - equal voice
Liberty
- French Revolution
- absence of restraints
- of thought, expression, belief, faith & worship
Equality
- French Revolution
- absence of special privilege – civic(A14-18)
- political
  - A325 not based on RRCS for inclusion in electoral roll
  - A326 - adult suffrage
- economic (A3 -DPSP -equal wages)
Fraternity
- French Revolution
- brotherhood
- single citizenship
- FD's – A51A – promote brotherhood

Significance of Preamble

Basic philosophies
Fundamental values – political, moral and religious
Grand and noble vision
Reflects the dreams and aspiration
Horoscope of our sovereign democratic republic
Soul of the constitution
Jewel of constitution
Worth of the constitution
Key-note – Sir Ernest Barker – opening page "Principles of secular and political Theory"

Preamble as part of constitution and amend ability

Berubari Union case – 1960 – not a part/not amendable
Kesavananda Bharati case – 1973 – part/amendable
LIC of Indian case – 1995 – part
Amended only once in 1976 - 42nd CAA - Socialist, Secular, Integrity
Neither a source of power
Non-justiciable