1. SUBJECT:
CONSTITUTIONAL LAW
Topic: Preamble

2. WHAT IS CONSTITUTION?
• It is a fundamental document which prescribed provisions for formation of govt.,
its functions, relations & power of the govt.
• It is a document it may either written or unwritten. (i.e. India-written; England-
Unwritten)
• It may be either federal or unitary.
• Constitutional law is a law that is known as basic law which is codified, which
provides fundamental duties & rights to the citizens and provision of govt. and
various rules and regulation in codified form.

3. 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.”

4. PREAMBLE
N.A. Palkhiwala : Preamble is identity card of the Constitution.
SIR Ernest Barker: The Preamble as the key-note to the constitution.
Chief Justice Subba Rao in Golak Nath case: The Preamble to an Acts sets out the main
objectives which the legislation intended to achieve.
Preamble is based on objective resolution which is provided by Pt. J. L. Nehru.
• One time amended by amendment act, 1976
• Three new words added: Socialist; Secular; and integrity.

5. OBJECTIVES OF PREAMBLE
1. It contains the enacting clause which brings the constitution into force, that is hereby
adopt enact of the constitution.
2. It declares the great rights & freedom to individuals intended to secure to all its citizens.
3. It declares basic type of govt. & polity which is short to be established in the country. It
throw light on the source of the constitution that is people of India.
4. It doesn’t grant any power but it gives a direction & purpose of the constitution.
5. It provides objectives, aims purpose of Indian constitution to be achieved.

6. WHETHER PREAMBLE IS PART OF CONSTITUTION OR NOT?
1. Re Berubari vs. UOI ( AIR 1960 SC 845) : Preamble is not the part of the constitution.
2. Keshvananda Bharti vs. State of Kerala ( AIR 1973 SC 1461) : Yes, it is a part of
constitution.
3. S. R. Bommia vs. UOI ( AIR 1994 SC 1918) : Yes, it is a part of basic structure.
4. LIC of India vs. Consumer Education & Research Centre (1995) : Supreme Court held
that the Preamble is an integral part of the constitution.

7. KEY WORDS IN PREAMBLE
• Democracy.
• Sovereign.
• Republican.
• Fraternity.
• Secular.
Philosophy of Preamble:
The philosophy of preamble is combination of French & Russian philosophy;
Socio, economic concepts are adopted from Russian philosophy and Liberty,
Equality and Fraternity adopted from French philosophy.

8. AMENDMENT IN THE PREAMBLE
Before the Keshvananda Bharti case the question about the preamble is part of constitution or not? SC
observed in its judgement that preamble is part of constitution. So, the amendment can be made in the
preamble.
After the judgement of Keshvananda Bharti case preamble is amended by the parliament in 42nd
constitutional amended act of 1976 and added three words; Socialist, Secular and Integrity.
Till now preamble of India Constitution is amended only one time.
• Preamble is part of basic structure. Parliament can’t change its basic provisions.
• Basic structure theory observed in case of kesvananda bharti.

9. MAIN FEATURES OF BASIC STRUCTURE
1. Supremacy of the constitution
2. Parliamentary system
3. Theory of Equality
4. Federal form of constitution
5. Secularism
6. Structure of democratic republic
7. Office of President and Governor
8. Judiciary
9. Distribution of powers between legislative, executive and judiciary.
10. Concept of Social and Economic justice; etc.

10. SALIENT FEATURES OF INDIAN CONSTITUTION
• Lengthiest written constitution of a nation
• Parliamentary form of government
• Blend of flexibility and rigidity
• Fundamental rights
• D.P.S.P
• A federation with strong centralised tendency
• Independent Judiciary
• Single citizenship
• Fundamental duties
• Adult suffrage.

11. IMPACT OF SEVERAL CONSTITUTIONS ON INDIAN CONSTITUTION
Borrowed from USA 1. Fundamental rights.
2. Independence of judiciary
3. Judicial review
4. President as Supreme commander of Army
5. Impeachment of president
6. Vice President an ex-officio chainman of upper
house
7. Preamble- WE THE PEOPLE
8. Removal of SC & HC Judges.
Borrowed from UK 1. Parliamentary form of government
2. Legislature procedure
3. Rule of law
4. Single citizenship
5. Office of CAG
6. Writs and Bicameralism
7. PM-President relationship
Borrowed from Japan-constitution 1. Procedure established by law

12. IMPACT OF SEVERAL CONSTITUTIONS ON INDIAN CONSTITUTION
Borrowed from Canada 1. Federation with a strong centre
2. Distribution of power between Union & states
3. Residuary power
4. Appointment of state governors by centre
5. Advisory role of SC
Borrowed from Ireland 1. D.P.S.P
2. Election of President
3. Nomination of Member of Rajya Sabha
Borrowed from Germany 1. Emergency provisions ( suspension of F.R. during
emergency)
2. Doctrine of basic structure theory
Borrowed from USSR 1. Fundamental duties
Borrowed from France 1. Republican form of government
2. Liberty, equality and fraternity in preamble.
Borrowed from Australia 1. Concurrent list
2. Trade, commerce and intercourse
3. Centre-state financial relationship.

13. SOME DEFINITIONS
• H.R. Gokhale on secularism said that there will be freedom, liberty of faith and worship,
whatever religion you belong to.
• PB Gajendragadkar, former CJI said that the state does not owe loyalty to any particular
religion as such; it is not irreligious or anti-religious, it gives equal freedom to all religions.
• D.K. Basu said that the expression secular as well it means a republic in which equal respect
for all religion.
• In Nakara vs. UOI (1983) AIR SC 130 observed that Indian socialism is a blend of Marxism &
Gandhism, leaning heavily towards Gandhian socialism.
• Dr B.R. Ambedkar described that political democracy can’t last unless they lies at the base of
it social democracy what does social democracy means, it means a way of life which
recognises liberty, equality and fraternity.

14. PRESENTED BY:
• RAHUL YADAV
• Law Department
• Maharshi Dayanand University, Rohtak
• Contact: rahul.gf.law@mdurohtak.ac.in