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Preamble of the Constitution of India

1. Initially drafted by Sh. B. N. Rau in his memorandum of May 30, 1947 which was later reproduced in the Draft of October 7, 1947.

2. Preamble is the soul of the Constitution, Direction, Purpose, Objectives.

3. Preamble is part 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 twenty-sixth day of November, 1949,do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

 

4. Nature of Indian states - Sovereign Socialist Secular Democratic Republic

5. Objectives of Constitution - JUSTICE, LIBERTY, EQUALITY, FRATERNITY

6. Date of adoption of Constitution - 26th November 1949

7. Source of authority - People of India

8. "The Preamble to our constitution expresses what we had thought or dreamt so long."

-Alladi Krishnaswami Iyer - Member of the Constituent Assemble of India

9. "Preamble is the horoscope of Sovereign Democratic Republic."

- K M Munshi, Member of Drafting Committee of the Constituent Assembly

10. "Preamble is the most precious part of the Constitution. It is the Sour of the Constitution. It is a key to the constitution. It is a Jewel set in the Constitution. It is a proper yardstick which one can measure the worth of the Constitution."

- Pandit Thakur Das Bhargava - Member of Constituent Assembly.

11. Preamble is the Key Note to the Constitution"

- Sire Earnest Barker

 

12. Jewel to Constitution

 

 

Case Laws

1. Berubari Union Vs Unknown AIR 1960 SC 845, 1960 3 SCR 250

- The Supreme Court said that preamble shows general purposes behind several provisions in the Constitution.

- If any Article has double meaning, Preamble will be final say.

- The Supreme Court said that the Preamble is not a part of the Constitution

 

2. Kesavananda Bharati vs State Of Kerala And Anr - (1973) 4 SCC 225; AIR 1973 SC 1461

1967 Golaknath Case

- Government Cannot Amend Fundamental Rights

- Definition of Article 13 and Article 368

 

24th Amendment, 1971

Government of India can amend any part of the Constitution

 

25th Amendment, 1971

1st Amendment stopped. Article 31, right to property.

Government can acquire any property and can decide the price

 

Kesavananda Bharti - Swami M M Sri K Bharti, Senior head of Edneer Mutt

- 2 States land reforms act by state of Kerala

- Kerala Government can manage religious property.

- This violated Article 26

 

 

 

Nani Palkhivala convinced Kesavananda Bharti to file an appeal against High Court Order.

-13 Judges -> 7:6 in 1973

The Supreme Court said "Parliament can amend any part of the Constitution".

39th Amendment and 41st Amendment

- PM's and Ex-PMs to be legally immune

 

Indira Gandhi made Justice A N Ray as Chief Justice of India. He reopened the case. However, Nani Palkhivala convinced the court that it cannot be reopened as nobody has filed a review petition.

 

3. LIC of India Vs Consumer education and Research Centre

- Preamble is an integral part of the Constitution.

Preamble is non-Justiciable i.e. provisions are not enforceable  Court.

Preamble has been amended only once. 42nd Amendment, 1976 which added Socialist, Secular and Integrity.

"Preamble is ID Card of the Constitution" - Nani Palkhivala

American Constitution was the first to have a Preamble

S.R. Bommai vs Union Of India on 11 March, 1994 Citations: 1994 AIR 1918, 1994 SCC (3)

 

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