Preamble: Philosophy of the Constitution

Elaboration

Meaning: The Preamble is the introductory statement that sets out the objectives, nature and philosophy of the Constitution. Nani Palkhivala called it "the identity card of the Constitution"; K.M. Munshi called it "horoscope of our sovereign democratic republic".
Source: Based on the Objectives Resolution (Nehru). Its language is inspired partly by the American Constitution ("We, the people").
Source of authority: "We, the People of India" = popular sovereignty; the Constitution derives authority from the people.
Is it part of the Constitution?
- In re: Berubari Union (1960): Preamble is not a part of the Constitution (a key to the minds of the makers); not a source of power.
- Kesavananda Bharati (1973): Preamble IS a part of the Constitution.
- LIC of India v Consumer Education & Research Centre (1995): reaffirmed Preamble as an integral part.
Can it be amended? Yes, as part of the Constitution via Article 368, but the basic structure (as reflected in Preamble) cannot be destroyed. It has been amended only once: 42nd Amendment, 1976, adding Socialist, Secular, and Integrity.
Nature: Neither a source of power nor a limitation on power; non-justiciable; helps interpret ambiguous provisions.

Key points to remember

Berubari (1960) = not part; Kesavananda (1973) = part.
Amended only once (1976). Date of adoption mentioned: 26 Nov 1949.
Preamble is not enforceable in court.
Philosophy: Justice, Liberty, Equality, Fraternity; sovereignty vested in people.

PYQ / MCQ

1. In which case did the Supreme Court first hold the Preamble is not a part of the Constitution?

(a) Kesavananda Bharati

(b) Berubari Union

(d) Minerva Mills

Answer: (b)

2.The Preamble to the Constitution has been amended: (a) Never (b) Once (c) Twice (d) Thrice Answer: (b)

3.Consider:

(1) Preamble is justiciable.

(2) Preamble can be amended.

Which is/are correct?

Answer: Only 2.