Question

In the context of the Indian Constitution, the Preamble serves as

• A. A statement of objectives and values
• B. A list of fundamental duties
• C. A directive for state policies
• D. A provision for emergency powers

Answer 1

Answer:

A. A statement of objectives and values

Core Significance of the Preamble

• Introductory Statement: The Preamble acts as a preface or introduction to the Constitution of India, embodying the fundamental values, philosophy, and ideas upon which the nation is built.
• Historical Foundation: It is based on the historic 'Objectives Resolution', drafted and moved by Pandit Jawaharlal Nehru on December 13, 1946, and adopted by the Constituent Assembly on January 22, 1947.
• Four Crucial Ingredients:
  • Source of Authority: Explicitly states that the Constitution derives its power directly from the people of India.
  • Nature of Indian State: Characterizes India as a Sovereign, Socialist, Secular, Democratic, and Republic.
  • Objectives: Outlines the key objectives as Justice (Social, Economic, and Political), Liberty (of thought, expression, belief, faith, and worship), Equality (of status and of opportunity), and Fraternity (assuring the dignity of the individual and the unity and integrity of the Nation).
  • Date of Adoption: Declares November 26, 1949, as the historic date of adoption.

Key Judicial Interpretations

• Berubari Union Case (1960): The Supreme Court stated that the Preamble shows the general purpose behind several provisions, but it is not a part of the Constitution.
• Kesavananda Bharati Case (1973): In this landmark judgment, the Supreme Court rejected its earlier stand and held that the Preamble is indeed an integral part of the Constitution and can be amended under Article 368 without altering its basic structure.
• LIC of India Case (1995): The Supreme Court reaffirmed that the Preamble is an intrinsic and inseparable part of the Indian Constitution.

Amendability and the 42nd Amendment

• Single Amendment: The Preamble has been amended only once in the history of independent India.
• The 42nd Amendment Act (1976): This amendment inserted three new words into the Preamble: Socialist, Secular, and Integrity.

Notable Perspectives and Quotes

• N.A. Palkhivala: Eminent jurist who referred to the Preamble as the 'Identity Card of the Constitution'.
• K.M. Munshi: Defined it as the 'Horoscope of our sovereign democratic republic'.
• Sir Ernest Barker: Described it as the 'Key-note' to the Constitution.
• Pandit Thakur Das Bhargava: Regarded it as the 'Soul of the Constitution' and a 'Jewel set in the Constitution'.

Legal Status and Enforceability

• Non-Justiciable Nature: The Preamble is non-justiciable, meaning its provisions cannot be enforced in a court of law. It does not grant substantive powers to any branch of government, nor does it limit the powers defined elsewhere in the Constitution.