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■ Preamble: • A Preamble is an introductory statement in a document that explains the document’s philosophy and objectives. • American constitution was the first to begin with a preamble. • Preamble declares India to be a Sovereign, Socialist, Secular, Democratic and Republic. • Preamble was adopted in the Indian Constitution on 26th November, 1949. • The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote fraternity to maintain unity and integrity of the nation. • The Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly. • The Preamble has been amended only once by the 42nd Constitutional Amendment Act 1976, which has added three new words Socialist, Secular and Integrity to the Preamble. □ Cases: ○ In the Berubari Union case (1960), the Court stated that ‘Preamble is the key to open the mind of the makers’ but it can not be considered as part of the Constitution. Therefore it is not enforceable in a court of law. ○ In the Kesavananda Bharati Case (1973), for the first time, the Court held that: • The Preamble of the Constitution will now be considered as part of the Constitution. • The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution. • So, it can be concluded that Preamble is part of the introductory part of the Constitution. • After the judgment of the Kesavanand Bharati case, it was accepted that the preamble is part of the Constitution. • As a part of the Constitution, preamble can be amended under Article 368 of the Constitution, but the basic structure of the preamble can not be amended. ○ In the Union Government Vs LIC of India case (1995) also, the Supreme Court has once again held that Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India. • Despite the above Supreme Court rulings, two things need to be noted: 1) The Preamble is neither a source of power to the legislature nor a prohibition upon the powers of the legislature. 2) It is non-justiciable, that is, its provisions are not enforceable in courts of law. [Berubari Case - Preamble is not a part of the Constitution. Kesavananda Bharati Case - Preamble is a part of the Constitution. Union Government Vs LIC case - Preamble is the integral part of the Constitution.] □ Others about Preamble: • N A Palkhivala called the Preamble as the "Identity card of the Constitution". • Alladi Krishnaswami Iyer said that "The Preamble to our Constitution expresses what we had thought or dreamt so long". • According to K M Munshi, the Preamble is the "Horoscope of our sovereign democratic republic". • According to Pandit Thakur Das Bhargava, "The Preamble is the most precious part of the Constitution. It is the soul of the Constitution. It is a key to the Constitution. It is a jewel set in the Constitution. It is a proper yardstick with which one can measure the worth of the Constitution". • Sir Ernest Barker described the Preamble as the "Keynote to the Constitution".