The Preamble — KSLU Constitutional Law Notes

The Preamble

The Preamble is the soul of the Constitution — it declares who gave it (“We the People”), what kind of nation India is, and what values it serves. It declares India a Sovereign, Socialist, Secular, Democratic Republic (“Socialist” and “Secular” added by the 42nd Amendment, 1976) and secures Justice, Liberty, Equality and Fraternity.

Is it part of the Constitution? Can it be amended? In re Berubari Union (1960) held the Preamble was not part of the Constitution — later overruled by Kesavananda Bharati v. State of Kerala (1973), which held it is part of the Constitution and can be amended under Art. 368, but not so as to destroy its basic features. S.R. Bommai (1994) confirmed secularism in the Preamble is part of the basic structure.