Preamble

• 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.
  “Socialist Secular” and “unity and integrity” were substituted by the 42nd Amendment, 1976 (w.e.f. 3-1-1977).

• 1. Introduction/preface to the constitution
• 2. Soul of the Constitution; Jewel set in the Constitution; Identity card of the Constitution
• 3. Based on ‘Objectives Resolution’ moved by Nehru on 13-12-1946 and adopted by CA on 22-01-1947
• 4. US Constitution was the first to begin with a preamble

• Source of authority of Constitution:
• – people of India
• Nature of Indian State:
• – Sovereign
• – Socialist
• – Secular
• – Democratic
• – Republic
• Objective of Constitution:
• – Justice
• – Liberty
• – Equality
• – Fraternity
• Date of adoption & enactment of Constitution:
• – 26-11-1949

1. a part of the Constitution but has no legal effect
2. not a part of the Constitution and has no legal effect either
3. a part of the Constitution and has the same legal effect as any other part
4. a part of the Constitution but has no legal effect independently of other parts

Answer: a part of the Constitution but has no legal effect independently of other parts

The Preamble is part of the Constitution (Kesavananda Bharati, 1973) but it is not enforceable on its own and is neither a source of power nor a limit on power.

1. The Preamble
2. The Fundamental Rights
3. The Directive Principles of State Policy
4. The Fundamental Duties

Answer: The Preamble

The Preamble is the key to the minds of the makers.

1. Liberty of thought
2. Economic liberty
3. Liberty of expression
4. Liberty of belief

Answer: Economic liberty

The Preamble promises liberty of thought, expression, belief, faith and worship — not economic liberty.

1. the Preamble and the Fundamental Rights
2. the Preamble and the Directive Principles of State Policy
3. the Fundamental Rights and the Directive Principles of State Policy
4. None of the above

Answer: the Preamble and the Directive Principles of State Policy

Economic justice appears in the Preamble and is carried forward by the DPSPs (e.g. Art. 38, 39).

1. A democratic Republic
2. A Sovereign Democratic Republic
3. A Sovereign Secular Democratic Republic
4. A Sovereign Socialist Secular Democratic Republic

Answer: A Sovereign Democratic Republic

On 26 Jan 1950 India was a Sovereign Democratic Republic; ‘Socialist Secular’ came with the 42nd Amendment (1976).

• Preamble was enacted after rest of the Constitution (so that its in conformity with Constitution)
• Motion to make Preamble part of Constitution was passed by Constituent Assembly
• Preamble is non-justiciable, i.e. its provisions are not enforceable in courts of law.
• Preamble is neither a source of power to legislature nor a prohibition upon powers of legislature.
• Preamble can be amended (ruled by SC in Kesavananda Bharati case 1973)
• 42nd amendment, 1976 added the words - Socialist, Secular, and integrity
• — Part of the Constitution? — Used to interpret the Constitution?
• 1960 Berubari Union case — No — Yes, in case of ambiguity
• 1973 Kesavananda Bharati case — Yes — Yes
• — Same in all following cases —