A concise, updated study note on the Preamble-its text, source, objectives, legal status, amendment history and leading Supreme Court decisions including In Re: Berubari Union, Kesavananda Bharati and S.R. Bommai.
The Preamble is the introductory statement of the Constitution. It records the authority from which the Constitution derives-"We, the People of India"-describes India as a Sovereign Socialist Secular Democratic Republic, and declares the constitutional objectives of Justice, Liberty, Equality and Fraternity.
For interpretation, the Preamble is an important guide to the purpose and philosophy of the Constitution. It is, however, not an independent source of legislative or executive power and its ideals are not separately enforceable as standalone rights.
The Preamble has been amended once. Section 2 of the Constitution (Forty-second Amendment) Act, 1976 changed "Sovereign Democratic Republic" to "Sovereign Socialist Secular Democratic Republic" and changed "unity of the Nation" to "unity and integrity of the Nation". These changes came into force on 3 January 1977.
The Supreme Court treated the Preamble as a key to understanding the minds of the Constitution-makers and the general purposes behind constitutional provisions. The Court also said that the Preamble was not a part of the Constitution and could not itself confer substantive power. That position on whether the Preamble forms part of the Constitution was later superseded by the majority view in Kesavananda Bharati.
The majority held that Parliament could not amend Fundamental Rights by using Article 368 as it then stood. This ruling triggered major constitutional amendments and was later overruled on this point in Kesavananda Bharati.
A 13-judge Bench held by a 7:6 majority that Parliament's power to amend the Constitution is wide but cannot be used to destroy or alter its basic structure or framework. The case also established that the Preamble is part of the Constitution and may be used in understanding its basic features.
The judgment upheld the validity of the 24th Amendment, while making clear that even the amending power under Article 368 is subject to the basic-structure limitation.
The Supreme Court referred to the Preamble as an integral part of the Constitution and used its values, read with Fundamental Rights and Directive Principles, in constitutional interpretation.
The Court reaffirmed the constitutional importance of secularism. Secularism is treated as a basic feature of the Constitution, and the Preamble is an important expression of that constitutional commitment.
The Preamble reflects the ideals of the Objectives Resolution moved by Jawaharlal Nehru in the Constituent Assembly in December 1946 and adopted in January 1947. Constitutional adviser B. N. Rau also played an important role in the preparation of the early constitutional drafts.