The Preamble is based on the 'Objective Resolution

Consider the following statements with respect to Preamble of the Constitution of India:

1. The Preamble is based on the 'Objective Resolution' moved by Jawaharlal Nehru in the Constitution Assembly.

2. The Preamble has been amended only twice so far.

3. In the Berubari Union case (1960), Supreme Court held that Preamble is a

part of the Constitution.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

✍(a) 1 only.

🌼The Objective Resolution was moved on December 13, 1946 by Pandit Jawaharlal Nehru, which provided the philosophy and guiding principles for framing the Constitution and later took the form of Preamble of the Constitution of India. This Resolution was unanimously adopted by the Constituent Assembly on 22 January 1947.

🌼Thus, the Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, which was drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly.

🌸The Preamble reveals four ingredients or components:

1. Source of authority of the Constitution: The Preamble states that the Constitution derives its authority from the people of India.

2. Nature of Indian State: It declares India to be of a sovereign, socialist, secular democratic andrepublican polity.

3. Objectives of the Constitution: It specifies justice, liberty, equality and fraternity as the objectives.

4. Date of adoption of the Constitution: It stipulates November 26, 1949, as the date.

🌻The Preamble was added to the Constitution after the rest of the Constitution was already enacted.

🌻The Supreme Court in the Berubari Union case (1960) held that the Preamble is not a part of the Constitution. However, it recognised that the Preamble could be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning. 

🌻In the Kesavananda Bharati case (1973), the Supreme Court rejected the earlier opinion and held that Preamble is a part of the Constitution.

🌻It observed that the Preamble is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble

🌻Again, in LIC of India case (1995), the Supreme Court held that the Preamble is a part of the Constitution.

🌻Hence, the current opinion held by the Supreme Court that the Preamble is a part of the Constitution, is in consonance with the opinion of the founding fathers of the Constitution.

🌼However, two things should be noted, regarding the Preamble:

1. The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature.

2. It is non-justiciable, that is, its provisions are not enforceable in courts of law.

🍀The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act, which has added three new words–Socialist, Secular and Integrity–to the Preamble. This amendment was held to be valid.

⚜Thus, the Preamble to the Constitution of free India remains a beautifully worded prologue. It contains the basic ideas, objectives and philosophical postulates the Constitution of India stands for. They provide justifications for constitutional provisions.