Why in the News?

A far-right leader has called for a public debate on the terms “socialist” and “secular” in the Preamble of the Indian Constitution, arguing they were added undemocratically during the Emergency via the 42nd Amendment and now require re-evaluation.

About the Preamble:

• Overview: It is the introductory statement to the Constitution of India. It sets out the philosophy, vision, and objectives of the Constitution.
• Origin: It is based on the Objectives Resolution introduced by Jawaharlal Nehru on December 13, 1946, and adopted by the Constituent Assembly on January 22, 1947.
• Declaration made: It declares India to be a Sovereign, Socialist, Secular, Democratic Republic and seeks to secure to all citizens:
  Justice (social, economic, political), Liberty (of thought, expression, belief, faith, worship), Equality (of status and opportunity), and Fraternity (assuring dignity and national unity).
• Significance: It serves as a guiding light for interpreting the Constitution. N.A. Palkhivala called it the “Identity Card of the Constitution”, while K.M. Munshi described it as the “Political Horoscope” of India.

• Key symbolism associated:

1. 1. Source of Authority – We, the People of India emphasizes that power originates from the people.
   2. Nature of Indian State – India is described as Sovereign, Socialist, Secular, Democratic, Republic.

Amendments to the Preamble:

• Can the Preamble be amended: Yes, the Supreme Court in the Kesavananda Bharati case (1973) held that the Preamble is part of the Constitution and can be amended, provided the Basic Structure Doctrine is not violated.

• The Preamble has been amended only once in the history of the Constitution.
• 42nd Constitutional Amendment Act, 1976:
  • Passed during the Emergency (1975-77) under Prime Minister Indira Gandhi.
  • Based on the recommendations of the Sardar Swaran Singh Committee.
• Three words were added:
  • “Socialist” and “Secular” – inserted between “Sovereign” and “Democratic”.
  • “Integrity” – added to the phrase “Unity of the Nation” → changed to “Unity and Integrity of the Nation”.

Why was it controversial?

• It was passed during the Emergency, a time of suppressed democratic processes and curbed civil liberties.
• Critics argue that the words were politically motivated and not part of the original constitutional vision.
• Proponents argue that these values were already implicitly present in the Constitution, and the amendment merely made them explicit.

Preamble as an integral part of the Constitution: Key Judgments

• Berubari Union Case (1960):

• • The Supreme Court initially held that the Preamble is not a part of the Constitution.
  • It could be used to interpret ambiguous provisions but had no independent legal standing.

• Kesavananda Bharati Case (1973): The Court overruled the earlier view and held that:

• • The Preamble is a part of the Constitution.
  • It reflects the basic structure and essential philosophy of the Constitution.
  • However, it cannot be used to override specific provisions of the Constitution.

• LIC of India Case (1995):

• • The Court reaffirmed that the Preamble is an integral part of the Constitution.
  • But it is not enforceable in a court of law—i.e., one cannot file a case solely based on a violation of the Preamble.

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