सं Samvidhan

The Constitution of India

Preamble

Why this exists

The Preamble was written by the Constituent Assembly to state, in one sweeping sentence, why India adopted a Constitution and what values would guide it. Drafted mainly by B.N. Rau and finalized after long Assembly debates, it echoes the Objectives Resolution moved by Jawaharlal Nehru in 1946. The words 'socialist' and 'secular' were added later by the 42nd Constitutional Amendment in 1976, though courts have said these ideas were already implicit in the original document.

How courts read it

In the Berubari Union case (1960), the Supreme Court initially said the Preamble is not a legally enforceable part of the Constitution. This changed with Kesavananda Bharati v. State of Kerala (1973), where the Court held that the Preamble is part of the Constitution and reflects its 'basic structure'—core features like democracy, secularism, and the rule of law that even Parliament cannot destroy through amendments. Later cases, such as S.R. Bommai v. Union of India (1994), relied on the Preamble's secularism to strike down actions threatening religious neutrality of the state.

Common misconceptions
  • Myth: The Preamble is just decorative and has no real legal effect.
    Fact: The Supreme Court in Kesavananda Bharati (1973) held that the Preamble is part of the Constitution and reflects its 'basic structure,' which limits how much Parliament can amend the Constitution.
  • Myth: The words 'socialist' and 'secular' were in the Constitution from 1949.
    Fact: These words were added later by the 42nd Amendment in 1976; courts have said the underlying values, however, were present in the Constitution from the start.