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What is 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 citizen

JUSTICE, social, economic and political

LIBERTY of thoughts, expression, belief faith and worship

EQUALITY of status and of opportunity among them all.

FRATERNITY assuring the dignity of the individual and The unity and interguity of the Nation.


What is a Preamble?
Article 21:
Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.

Right to life ? [what do you mean by right to life?]

Is that Mean everyone has right to live?
Does it include Right to food? For everyone

Right to employment cover under this?
Does Right to education also fall under this all these things the thoughts were comes in mind.

What was thoughts of that time while writing the constitution? come det's discuss it briefly:

Horoscope of constitution - K.M Munshi

Soul of the constitution Thakur Das Bhargava

Identity card of the constitution - N.A. Polkivala.

We get an Idea of Preamble From USA
(USA was the first state who include preamble with their constitution)

Origin of the preamble:

The Preamble of Indian constitution is based on the objective resolution written by Jawaharlal Nehrw which was introduced on 13th December 1946 and accepted on 22nd January 1947 by the constituent assembly.

Meaning of Various words in our Preamble
WE THE PEOPLE This means that the source of the constitution is The people of India.
→SOVEREIGN Means supreme or independent.
Sovereignty has two dimensions: External and internal India is both internally and externally sovevign

External sovereignty:
Means the sovereignty in International law which means the independence of the state against other states.

Internal sovereignty
Internal sovereignty is the right of nation to be free of internal forces of disruption to its rights & freedom to exercise the internal governance of its society & territories

India is Sovereign from 26th Jan 1950
Added to the preamble during the emergency. by the 42nd amendment art of 1976. It means that we will have social and economic equality.

Social equality:- means everyone is equal despite what their caste, colour, creed, sex religion or language.

Economic equality-means that government will endeavour to make the distribution of wealth more equal and provide a decent Standard of living for all.

In Excel weat u Union of India (1979), the supreme count found that with the addition of the word Socialist, a portal is opened to lean the judgement in favour of nationalization and state ownership of The industry. But the principle of socialism and social Justice cannot ignore the interest and right of the different section of the society i..e, the private owner.

In Minerva Mills Ltd u. Union of India (1980)
The constitution Bench had considered the meaning of the word, "Socialism" to crystalise a socialstic state securing to its people socio-economic Justice by interplay of the fundamental rights and the Directive Principles

In Ds. Nakara v. Union of India (1983).
The supreme court Said that socialism aims at providing the working people a decent standaard of living.

Secular: Also added by 42nd amendment act. The word "Secular" implies equality of all religions and religious tolerance. India therefore does not have an official state religion. The government must not favour our discriminate against every religion. Every person has the right to preach practice and propagate any religion they choose

In SR. Bommai v. Union of India (1994)
It was held that secularism is part of basic structure of constitution

In St. Xaviors College V. state of Gujarat & Anr (1974).
The court said that secularism is neither anti-God nor pro- god secularism means elimination of God from the matter of the state and the state and-the state has nothing to do with the religion of the people

India is a democracy. The people of India elect their governments (through free, fair and periodic elections) at all levels (union, state and local) by a system of universal adult franchise popularly known as 'One man one Vote'

→ Republic:
A democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure

Social justice - abolition of inequalities from Society.

Political Justice- elimination of unreasonable distinctions in the political matters of state.

Economic Justice - Equal wage for equal work.


Liberty is a state where there is a absence of restrictions.

Providing equal rights to citizens.

Fraternity means a spirit of oneness and brotherhood for ensuring the dignity of the individuals and the unity of the Nation.

Is Preamble Part of Our Constitution can it be Amended?
In Re: Berubari Case (1960)-7 judge bench
  • Preamble is key to open the minds of the formers
  • Not part of Constitution do cannot be amended by Article 368
Kesavananda Bharti Juripadagalvaru v state of Kerala-13 judge bench

Preamble is not source of power or the source of Imitations of the constitution.

Very much part of constitution so can be amended by article 368

Article 13- Law inconsistent with or in derogation of the fundamental rights.

Article 368 - Power of parliament to constitution. amend the constitution

1st Amendment [1951]
Shankari Prasadu. Union of India (1951)

17 Amendment [1964]
Sajjan singh vs state of Rajasthan [1964]
Golaknath v. State of Punjab [1967]

24th, 25th, 26th, 29th Amendment
Kesavananda Bharti. State of kerala [1973]
Raj Narain v. state of uttar Pradesh [1975]

39th Amendment [1975]
Indira Gandhi Raj Namain [1975]

42nd Amendment [1976]
Minerva Mills v. UOI and Ors. [1980]
Woman Rao v. union of India [1980]
IR Coelho Case [2007]
Minerva Mills v. UOI and Ors. [1980]
 It held that Amending power of parliament can't be unlimited, limited amending power is In itself part of basic structure
Declared 368(4) and 368 (5) unconstitutional because it is taking away Judicial review which is a basic Feature Article 31-c also restored to pre 1976 position:

Waman Rao v. Union of India (1980)
5 Judge bench -

Basic structure doctrine is applicable prospectively and not retrospectively

It was held (retrospectively) that any law put in 9th. Schedule after 24th of april 1973 (date of forming of Basic structure doctrine by kesavananda Bharti case) shall be under the purview of judicial review.

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