Success Samrat

Our former prime minister late Pandit Jawarharlal Nehru moved an ‘Objective Resolution’ in the year 1946, December 13th. Which was later adopted as ‘the Preamble’ of the Constitution Of India by the Constituent Assembly on January 22nd 1947. The Preamble means the preface or the introduction or the summary of our Constitution. Earlier only the Constitution Of America begins with ‘We The People’. The purpose of the Preamble is-

• The preamble indicates the source from which our Constitution derives its authority i.e We The People.
• The objectives of our Constitution that seek to establish and promote.
• Nature of the State-
  • Sovereign, Socialist, Secular, Democratic and Republic.
• Date of adoption of our constitution-
  • November 26th, 1949.
• The 42nd Amendment Act of 1976 added words-
  • Socialist, Secular and Integrity.
  • The words ”Unity Of The Nation” were replaced by ”Unity And Integrity”.
  • Till now the Preamble is amended once.
• The Union Of India Vs LIC Case 1955– The Supreme Court of India stated that the Preamble is an integral part of the constitution.
• The BeruBari Case 1960– The Supreme Court of India stated that the Preamble is not an integral part of the constitution. Hence it is not enforceable by the court.
• The Kesavananda Bharti Case 1973– The Supreme Court of India stated that the Preamble is a part of the constitution and may be used to interpret the ambiguous areas of the constitution

THE 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 thoughts, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote 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”

AMENDABILITY OF THE PREAMBLE

In the historic case of 1973, Kesavananda Bharati Vs State of Kerala. The question was raised that is Preamble subjected to the amendment under Article 368 or not?

As said by the Supreme Court in 1960 case BeruBari, that the Preamble is not an integral part of the constitution. Therefore it is not enforceable by the court nor be amended. But in 1973, Kesavananda Bharati Vs State of Kerala the Supreme Court held that the Preamble is a part of the Constitution and subject to amendment. But the condition was that the Basic Features of the constitution cannot be amended under Article 368. In other words that the basic elements or the fundamental features of the constitution as contained in the Preamble can’t be amended by using Article 368.