2008 · Paper III · 10 marks

"Preamble is a part of the Indian Constitution." — Comment.

In short

The Preamble is part of the Indian Constitution, as the Supreme Court held in Kesavananda Bharati (1973), overruling Berubari (1960); it is amendable under Article 368 without altering the basic structure, but non-justiciable. It is the key to the Constitution's spirit, vesting sovereignty in "We, the People of India".

Model answer

Ghissu Editorial · Verified 4 Oct 2026

Introduction
The Preamble holds a unique place, embodying India’s constitutional values and vision, with its status clarified by landmark judgments like Kesavananda Bharati. It serves as the foundational statement reflecting the aspirations and guiding principles of the nation.
Clarifying the Preamble’s Constitutional Status
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Amendability and Non-Justiciability

Kesavananda Bharati held it amendable under Article 368, provided the basic structure is preserved, as seen in the 42nd Amendment1 adding “socialist” and “secular.” However, the Preamble is not enforceable in courts, serving only as a guiding text without conferring legal rights or duties.

Judicial Interpretation
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Berubari to Kesavananda Shift

Initially, in Berubari Union (1960), the Preamble was not considered part of the Constitution but an interpretative aid. Kesavananda Bharati (1973) overruled this, declaring it integral and foundational to the basic structure doctrine.

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S.R. Bommai and Beyond

The Supreme Court in S.R. Bommai (1994) reaffirmed the Preamble’s role in upholding secularism as a basic feature, emphasizing its importance in constitutional interpretation and governance, influencing decisions on federalism and fundamental rights.

Significance in Governance
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Ethical Compass

The Preamble declares sovereignty from “We, the People,” embodying justice, liberty, equality, and fraternity, thus guiding lawmakers, administrators, and judges in aligning governance with constitutional ideals.

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Social Transformation Catalyst

It inspires policies like affirmative action and protections against caste discrimination, which remain crucial in Andhra Pradesh and across India, promoting social justice and inclusive development.

Conclusion
The Preamble is a vital constitutional element, shaping India’s legal and social framework despite lacking direct enforceability. It remains the ethical foundation and interpretative beacon for the Constitution’s spirit and governance.

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Hand-drawn diagram: Preamble before the Supreme Court. Preamble before the Supreme Court. Diagram (timeline): Preamble before the Supreme Court; 1960; Berubari: not a part; 1973; Kesavananda: integral, amendable; 1994; S.R. Bommai: secularism basic feature
Diagram: Preamble before the Supreme Court

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Indian Constitution, Fundamental Rights, DPSP and Union-State functions18 questions

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