Preamble

Preamble

Soul/Mind of the constitution KM munshi- preamble is horoscope  constitution should be read in the light of the noble vision of the preamble What it tells: Source of power: People Nature of Indian state: Sovereign, socialist, secular, democratic, republic Objective of the constitution or philosophy of the constitutions:  Justice, equality, liberty, fraternity, unity and integrity Date: Nov 26 1949 What it is not: neither the source of power to the legislature nor prohibition upon the powers of the legislature Non-Justiciable, i.e. the provisions are not enforceable in the court of law. 42nd, CA, 1976 Amendment:  Socialist, secular and integrity

Nature
Sovereign	Neither Dominion nor dependent on any other state
Socilalist	Democratic socialism Supreme Court: Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity. Avadi Session , INC- Socialist pattern of economy  New Economic Policy, 1991 dilutes the socialistic credentials
Secular	Added by 42nd CA, Article 25 to 28.
Democratic	Based on the doctrine of popular sovereignty i.e. possession of supreme power by the people. Direct and indirect Social and economic democracy Way of life which recognises Liberty, equality and fraternity . These cannot be divorced from each other Without equality, liberty would produce the supremacy of few over many. Equality without liberty, would kill individual initiative.
Republic	India has an elected head, called President

Objective
Justice	Distributive justice Social, economic and political justice Russia
Liberty	Absence of restrictions and providing opportunities for the individual development LEF - France
Equality	Status and opportunity
Fraternity	Sense of brotherhood Single citizenship FD To assure diginit of the individual and unity and integrity of the nation.
Unity and Integrity
Significance	Reflects dreams and aspirations of founding fathers of the constitution Sir Allahdi Krishnaswamy Iyer: “ The Preamble to our constitution expresses what we had thought or dreamt so long” Pandit Thakurdas Bhargava: “It is the soul of the constitution. It is a jewel set in the Constitution”
Part of the constitution	Berubari Union Case (1960): Not a part of the constitution A key to the mind of the makers of constitution can assist in interpretation of const; can't be amended Keshvananda Bharti Case (1973): Held Preamble is part of constitution and can be amended subject to BS, const shoul be read & interpreted in light of preamble  LIC of India case (1995) Again held that preamble is part of the constitution Adopted after rest of constitution, not source nor prohibition to source of power, non-justiciable, provision not enforce in court of law

• We the ppl of Ind having solemnly resolve to constitute India as sovereign socialist, secular, democratic, republic & to secure all its citizen 
• Justice, socio, political, economic
• Liberty of thought, expression, belief, faith & Worship
• Equality of status & opportunity , and to promote among all ;
• Fraternity assuring the dignity of indiv & 
• Unity & integrity of the nation 
• In our const assembly , this 26, nov , 1949 do herby adopt, enact , and give to ourselves this constitution