Preamble

Definition:
It is an essence of the constitution.

Analysis of preamble
Background:

The Declaratory aspect:

We the people give to ourselves this
constitution.
The declaration shows that source of constitution is
people of India, the constitution derives it authority
from the people. It is vested in people. Thus in
India we have popular sovereignty and not a
sovereignty and not a sovereignty vested in
monarch. People are the ultimate sovereign.

Resolutive aspect

 It shows the resolution of the constitution

maker and the people, to establish India
along the constitutional ideals of sovereign,
socialist and secular republic. This lays the
road for political democracy in India, they
aim at providing people universal adult
suffrage.

Promissory Aspect
Independence changes the status of the
people from that of a British subject, to
that of an Indian citizen.

We the people have promised to the citizens,

justice, liberty and equality of the kind
mentioned in the preamble. Further fraternity,
dignity, unity and integrity have also been
promised. These are the famous constitutional
aspiration, they aim at creating socialeconomic and egalitarian society

The enacting clause

 In our constituent assembly .. Give to

ourselves this constitution. It tells us when
the constitution was enacted and adopted.
It is celebrated as Law Day. However this is
not the date of the commencement, which
is 26th January, 1950. This article (374) lays
down that certain articles would be in
effect immediately.
#Constitutional Bench- Five or more sitting, to decide the constitutional matters.
# Dignity of individual and Unity and integrity of the nation is the eventual goal
of constitution.
# the aspirations in preamble are laid in a cause effect sequence.

Philosophy of the Polity

 The ultimate sovereign is working towards

assuring unity, integrity and dignity.
Popular sovereignty in India has ensured
establishment of Political and socioeconomic democracy
Political democracy- means that India is to be
established along concepts of modern day
democratic nation, for the purpose of
empowering people.
Justice, Liberty, Fraternity, etc.

Socio-economic democracy = Constitutional

aspirations should unleash a socio-economic
revolution in our country transforming the
stratified society into an egalitarian society.

Both the type of democracy works toward

fraternity.

 The Indian society has been divided along

various parameters- religion, caste, etc. It
has been also at various levels- Individual,
groups, and regional level. Fraternity aims
at promoting harmony at all the levels.Net
result would be establishment of an India
with a strong institutions and ideal
democracy. An India ensuring welfare of the
masses, developmental aspiration and
welfare state establishment, also on the
principal of Universal Adult suffrage.

Legal status of the Preamble

Whether the Preamble is a part of
constitution.
Beru Bari Judgement- Not a part, SC held.

 Later Keshwanand Bharti case- A part of

constitution, verdict held by SC.
The verdict was revisited and changed on the
ground that the constituent assembly had passed
the preamble, in a separate seating after it had
passed the constitutional articles. Thus both have
same authority.

Whether the Preamble can be used as an

aid or tool to interpret the constitution.
As it is apart so it can be used as an aid or
tool.
If it is not a part then it cannot be used to give
meaning to supreme constitution, because
using that will dilute the supremacy.

Whether the preamble is a provision of the

constitution.
Keshwannand bharti judgement while holding
that it is part however it held that it is not a
provision.
It is a part but not provision/ Articles (Provision- as
they are providing for certain situation)

 Whether it is the source of any right to

citizen
Since it is not a provision, it does not give any
right.

Whether it is enforceable or justiciable in a

court of law
Since it does not give any right or duty, there
is nothing to get enforced or Justiciable.

Whether it is as source of power or

limitation on the powers
As it is not a provision, so it is not the source
of any power or limitation upon the power.
The power and limitations are imposed by
constitutional articles and not preamble.

 Whether it is a source of basic structure of

the constitution.
The basic structure words are present in the
Preamble, even then it is not a source as it is
not a provision. It is a summary of constitution.
So there will be some overlap of words and
idea. That does not make it source.
While identifying the basic structure, there
some words not in it like socialist, secular, and
integrity of nation, as some aspects of basic
structure it was three years later added, by
constitutional amendment. It means SC is
utilising some other source/ constitution.

How is it to be amended?
Although it is not a provision, its amendment
will be like a provision using Article 368