History of the Preamble to Indian Constitution and its components for CLAT - Practice Questions & MCQ

Introduction:

• The Preamble to the Indian Constitution serves as a preface that encapsulates the fundamental principles and objectives on which the Indian state is built.
• It provides a concise yet profound overview of the Constitution's essence. 

History of the Preamble:

• The Preamble was not initially part of the original draft of the Indian Constitution, as presented by the Drafting Committee led by Dr. B.R. Ambedkar. 
• However, its significance was soon recognized, and it was formally adopted on 26th November 1949, a day before the Constitution came into effect. In 1976, during the 42nd Amendment, three crucial words were added to the Preamble: "Socialist," "Secular," and "Integrity."

Components of the Preamble:

The Preamble comprises several vital components that elucidate the objectives of the Indian Constitution:

• Sovereign: India is a sovereign nation, indicating its complete independence in governance and decision-making, free from external influence.
• Socialist: The term "Socialist," added in 1976, reflects India's commitment to a more equitable and just society, striving to reduce economic disparities.
• Secular: Also added in 1976, it underscores India's principle of maintaining a clear separation between religion and the state, ensuring religious freedom and impartiality in matters of faith.
• Democratic: India is a democracy, where citizens participate in free and fair elections to elect their representatives, reinforcing the idea of people's rule.

• Republic: India is a republic, meaning the head of state (the President) is elected by the people, rather than being a hereditary monarch.
• Justice: The Preamble pledges to secure social, economic, and political justice for all citizens, ensuring fairness in all aspects of life.
• Liberty: It guarantees liberty of thought, expression, belief, faith, and worship, protecting individual freedoms.
• Equality: The Preamble assures equality of status and opportunity for all citizens, regardless of caste, religion, gender, or race.
• Fraternity: It promotes a sense of brotherhood and unity among all citizens, transcending divisions and fostering national integration.

Significance of the Preamble:

• The Preamble serves as a guiding compass for the Indian Constitution, setting out its fundamental values and principles. 
• It acts as a benchmark against which the constitutionality of laws and government actions can be assessed. 
• It embodies the spirit of the Constitution and reminds the government of its responsibility to the people.

Relevant Case Laws: Kesavananda Bharati vs. State of Kerala (1973)

• Background: 
  • The case originated from a challenge against the Kerala government's attempts to acquire land belonging to a temple. Swami Kesavananda Bharati filed a petition contesting the Kerala Land Reforms Act.
• Main Issue:
  • The primary issue was whether Parliament's power to amend the Constitution (Article 368) had any limitations, particularly regarding changes to the Constitution's basic structure.
• Basic Structure Doctrine: 
  • The majority judgment established the "Basic Structure Doctrine," holding that Parliament could amend the Constitution but not in a way that altered its basic structure or fundamental features.
• Basic Structure Elements: 
  • While not exhaustively defined, the Court identified key elements of the basic structure, including supremacy of the Constitution, democratic government, secularism, separation of powers, federalism, rule of law, and judicial review.
• Limitation on Amending Power: 
  • The judgment stated that any amendment violating or seeking to abrogate the Constitution's basic structure would be deemed invalid.
• Overruling Golaknath Case: 
  • The Kesavananda Bharati case effectively overruled the Golaknath case (1967), which had previously held that Parliament's amending power was unlimited.
• Impact: 
  • This case had a profound impact on Indian constitutional law, establishing the doctrine of the basic structure. It restricted Parliament's ability to arbitrarily amend the Constitution and ensured the preservation of core constitutional principles, protecting constitutional democracy and the rule of law in India.