2. The Preamble and the Basic Structure

The Preamble is the introduction to the Constitution. In a few lines it tells us where the Constitution draws its authority from, what kind of state India is, and what goals the Constitution hopes to achieve. Many scholars have called it the 'identity card' of the Constitution. If you remember the Preamble well, you remember the soul of Indian polity.

The words of the Preamble

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

— The Preamble to the Constitution of India

Let us break this into four simple parts:

1. Source of authority: 'We, the people of India' — power flows from the people, not from any king or foreign ruler.
2. Nature of the Indian state: sovereign, socialist, secular, democratic and republic.
3. Objectives: justice, liberty, equality and fraternity.
4. Date of adoption: 26 November 1949.

Understanding the key terms

Sovereign means India is free to make its own decisions on internal and external matters; no outside power can dictate to it. Socialist in the Indian sense means a democratic socialism that aims to reduce inequality of income, status and opportunity, while allowing both public and private sectors to exist. Secular means the State has no official religion and treats all religions with equal respect; Indian secularism is often described as 'positive' because the State keeps a principled distance from all faiths rather than ignoring them altogether.

Democratic means the government draws its authority from the will of the people, expressed through periodic elections based on universal adult franchise. Republic means the head of state — the President — is elected for a fixed term, and the office is not hereditary. Any citizen who meets the conditions can hold it.

The four ideals are equally important. Justice has social, economic and political dimensions — an idea linked to the Russian Revolution. Liberty covers thought, expression, belief, faith and worship. Equality covers status and opportunity. Fraternity, a sense of common brotherhood, assures both the dignity of the individual and the unity and integrity of the Nation. Liberty, equality and fraternity are ideals associated with the French Revolution.

The 42nd Amendment and the Preamble

The Preamble has been amended only once, by the 42nd Constitutional Amendment Act, 1976. It added three words: socialist, secular and integrity. The phrase 'unity of the Nation' became 'unity and integrity of the Nation'. This amendment is so wide-ranging that it is sometimes called a 'mini-constitution'.

Is the Preamble part of the Constitution?

This question has a famous history, and it is a regular exam favourite.

• Berubari Union case (1960): the Supreme Court said the Preamble shows the general purposes behind the Constitution and is a key to the minds of its makers, but it held that the Preamble is not a part of the Constitution.
• Kesavananda Bharati case (1973): the Supreme Court changed this view and held that the Preamble is a part of the Constitution.
• LIC of India case (1995): the Court again confirmed that the Preamble is an integral part of the Constitution.

Even so, the Preamble is non-justiciable: you cannot go to court to enforce it directly. It is neither a source of power for the legislature nor a limit on that power. However, courts use it to interpret articles whose meaning is unclear.

The basic structure doctrine

Article 368 gives Parliament the power to amend the Constitution. But can Parliament change absolutely anything? The courts gradually answered this question. In the Golaknath case (1967), the Supreme Court held that Parliament could not amend Fundamental Rights. Parliament responded with the 24th Amendment (1971), affirming its power to amend any part of the Constitution, including Part III.

Then came the landmark Kesavananda Bharati v. State of Kerala (1973) case, decided by a 13-judge bench by a narrow 7:6 majority. The Court held that Parliament can amend any part of the Constitution, including Fundamental Rights, but it cannot alter the 'basic structure' or essential features of the Constitution. The Court did not give a closed list; instead, later judgments have identified features such as:

• Supremacy of the Constitution
• Sovereign, democratic and republican nature of the polity
• Secular character of the Constitution
• Separation of powers among the legislature, executive and judiciary
• Federal character of the Constitution
• Judicial review and independence of the judiciary
• Rule of law and free and fair elections
• Limited amending power of Parliament and harmony between Fundamental Rights and Directive Principles

In Indira Nehru Gandhi v. Raj Narain (1975), the Court applied the doctrine to strike down a clause that placed a particular election dispute beyond judicial scrutiny, holding free and fair elections to be part of the basic structure. In Minerva Mills (1980), it held that limited amending power and the balance between Fundamental Rights and Directive Principles are basic features. In S. R. Bommai (1994), secularism and federalism were reaffirmed as basic features.

Key points to remember

• Preamble amended only once — 42nd Amendment, 1976 (socialist, secular, integrity).
• Berubari (1960): Preamble not part of the Constitution. Kesavananda Bharati (1973): it is a part.
• Kesavananda Bharati gave the basic structure doctrine — 13 judges, 7:6 majority.
• The Preamble is non-justiciable but helps interpret the Constitution.

Common exam traps

• The word 'fraternity' was in the original Preamble; it was not added in 1976.
• 'Integrity' was added in 1976, but 'unity' was there from the start.
• The Constitution itself does not define 'basic structure'; the term comes from judgments.
• The Preamble's ideal of justice is linked to the Russian Revolution; liberty, equality and fraternity to the French Revolution.