Why in the News?
The Supreme Court rejected a plea against a religious leader inaugurating Mysuru Dasara, reminding that the Preamble upholds secularism, liberty, equality, and fraternity as core ideals of unity.
Supreme Court’s Observations:
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About the Preamble:
- Nature: Introductory statement; reflects philosophy, vision, and objectives.
- Origin: Based on Objectives Resolution (Nehru, 1946); adopted 1947.
- Declarations: India as Sovereign, Socialist, Secular, Democratic, Republic ensuring Justice, Liberty, Equality, Fraternity.
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Symbolism:
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- Source of Authority: “We, the People of India.”
- Nature of State: Sovereign, Socialist, Secular, Democratic, Republic.
Amendment of the Preamble:
- Permissible: Supreme Court (Kesavananda Bharati, 1973) has held that Preamble is part of Constitution and can be amended without violating Basic Structure.
- Only Amendment: 42nd Constitutional Amendment Act, 1976 (during Emergency).
- Added “Socialist” and “Secular” between Sovereign and Democratic.
- Added “Integrity” to Unity of the Nation.
Key Judicial Pronouncements:
- Berubari Union Case (1960): Preamble not a part of the Constitution; only a tool for interpretation.
- Kesavananda Bharati Case (1973): Overruled Berubari; Preamble is part of the Constitution, embodies basic structure but cannot override provisions.
- S.R. Bommai Case (1994): Secularism upheld as basic feature of the Constitution.
- LIC of India Case (1995): Reaffirmed Preamble as integral, but non-justiciable (not enforceable in court).
| [UPSC 2020] The Preamble to the Constitution of India is:
Options: (a) a part of the Constitution but has no legal effect (b) not a part of the Constitution and has no legal effect either (c) part of the Constitution and has the same legal effect as any other part (d) a part of the Constitution but has no legal effect independently of other parts* |
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