Why is it in the News?

The Supreme Court recently wondered if the Preamble to the Constitution could have been amended while retaining the date when the Constitution was adopted.

Background:

• In historical context, the Preamble underwent a solitary amendment in December 1976 via the 42nd Constitutional Amendment during the Indira Gandhi Government.
  • This amendment introduced two modifications: replacing "unity of the nation" with "unity and integrity of the nation," and inserting "socialist" and "secular" between "sovereign" and "democratic."
• Initially, the Preamble described India as a "sovereign, democratic republic."
• Notably, the Supreme Court affirmed in the Kesavananda Bharati case that the Preamble constitutes an integral component of the Constitution, subject to Parliament's amending authority, provided the fundamental structure remains intact.

About the Preamble of the Indian Constitution:

• The Preamble to the Constitution of India draws inspiration primarily from the 'Objective Resolution' penned by Jawaharlal Nehru in 1946.
• It serves as a concise introduction, outlining the foundational principles and aspirations of the nation. Key components include:
  • Source of Constitutional Authority: It affirms that the Constitution derives its authority from the people of India.
  • Nature of the Indian State: It declares India as a Sovereign, Socialist, Secular, Democratic, and Republican Polity.
  • Objectives of the Constitution: It articulates Justice, Liberty, Equality, and Fraternity as the core objectives.
  • Adoption Date: It designates November 26, 1949, as the date of adoption.
• Significance:
  • Acts as a guiding framework for interpreting the Constitution and formulating laws.
  • Defines the national aspirations and goals.
  • Highlights the importance of fundamental rights and values for all citizens.
  • Fosters a sense of national unity and identity.

Is the Preamble a Part of the Constitution of India?

• In the Berubari Union Case of 1960, the Supreme Court stated that the Preamble is not a formal part of the Constitution.
  • However, it acknowledged that the Preamble provides insight into the intentions of the Constitution makers, thus aiding in interpreting any ambiguities within the Constitution.
• The Kesavananda Bharati Case of 1973 marked a reversal of this stance.
  • The Supreme Court declared the Preamble as an intrinsic part of the Constitution, attributing it significant interpretive value.
  • It emphasized that the Preamble plays a crucial role in understanding the spirit and objectives of the Constitution, guiding the interpretation of its provisions.
• In the LIC of India Case of 1995, the Supreme Court reiterated that the Preamble is indeed an integral component of the Constitution.
• However, it clarified that while the Preamble holds symbolic importance and helps in understanding the Constitution's essence, it cannot be directly enforced as a law in Indian courts.

Can the Preamble be Amended?

• An essential debate revolves around whether the Preamble can undergo amendments under Article 368.
• In the Kesavananda Bharati Case of 1973, the Supreme Court established that the Preamble constitutes a fundamental aspect of the Constitution and is therefore amenable to amendments.
• However, any such amendment must adhere to the principle that the 'Basic Structure' of the Constitution remains untouched.