Introduction Of The Indian Constitution:
The Constitution of India is the Supreme law in India. It imparts Constitutional
supremacy and not Parliamentary supremacy as it is not created by the
Parliament but by a Constituent Assembly and adopted b y its people with a
declaration in its Preamble.
According to the father of the Indian Constitution Dr. Bhim Rao Ambedkar:
'Constitution is not a mere lawyer's document, it is a vehicle of life and
its spirit is always the spirit of age.'
Facts About The Indian Constitution:
- The Constitution of India was originally handwritten in both the
languages English as well as Hindi
- The original Constitution of India was handwritten by Prem Behari Narain
Raizada in a flowing italic style with beautiful calligraphy.
- Each page of Constitution is uniquely decorated by artists from Shantiniketan
including Beohar Rammanohar Sinha and Nandlal Bose.
- The Constitution was published in Dehradun and photolithographed by the survey
- In its current form, it has a PREAMBLE, 22 parts, with 448 articles, 12
schedules, 5 appendices and 115 amendments.
- With so much of writing, the Indian Constitution is the longest of any
sovereign country in the world.
- The final draft of the Constitution was adopted on 26 November 1949
after almost 2 years 11 months and 17 days. The Constitution was legally
enforced on 26 January 1950, the day that we celebrate as the Republic Day
Introduction To The Preamble Of The Indian Constitution:
A Preamble is an introductory statement in a document that explains the
document's philosophy and objectives. In a Constitution, it presents the
intention of its framers, the history behind its creation, the core values and
principles of the Nation. The Preamble of the Constitution declares India to be
a SOVEREIGN, SECULAR, SOCIALISTS, DEMOCRATIC and REPUBLIC.
The Preamble can be referred to as the preface which highlights the entire
Constitution. It was adopted on 26 November 1949 by the Constituent Assembly and
came into effect on 26 January 1950, celebrated as the Republic Day in India.
Preamble was made in 1947 but adopted in 1949.
History Of The Preamble Of Indian Constitution
The Preamble is based on the ‘Objectives Resolution' which was drafted and
moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 and
adopted by Constituent Assembly on 22 January 1947.
Once a question raised that - Whether Preamble can be amended or not?
This was raised for the first time in the Supreme Court in the case of
KESAVANANDA BHARATI VS. STATE OF KERELA AIR 1973. It was said that since
Preamble is a part of Constitution that it could be amended under article 368
like any other provisions of the Constitution but basic features of the Preamble
cannot be amended.
But, in Berubari's case
, the Supreme Court held that Preamble is not a part of
the Constitution and therefore, it is not a source of substantive power.
Written Form Of The Preamble Of The Indian Constitution:
The Constitution Of India
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its
JUSTICE, social, economic, and political; LIBERTY of thought,
expression, belief, faith and worship;
EQUALITY of status and of opportunity and to promote
among them all; FRATERNITY assuring the dignity of
the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty- sixth day of November, 1949 do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Kesavananda Bharati V/S State Of Kerela (Air1973)
Swami H.H Sri Kesavananda Bharati was the senior head of the Edneer Mutt
(located in Kerela).
Kerela Government passes the law that Kerela Government attempted to control
religiously owned property under two State Land reforms Act.
Nanabhoy Palkhivala (senior advocate) convinced the Swami to file petition under
In Supreme Court, the period of hearing this case was 68 days (including 13
In this case, the Supreme Court held that Preamble is a part of Constitution and
it could be amended under article 368 of the Indian Constitution.
- Whether the 24th Constitutional (Amendment) Act 1971 is Constitutionally valid
- Whether the 25th Constitutional (Amendment) Act 1972 is Constitutionally valid
- The extent to which the Parliament can exercise its power to amend the
Judgement was in the favor of the case. It was resulted in the Apex Court i.e
Supreme Court by 7:6 majority which includes 13 judges.
The Re-Berubari Case
In the case of Re-berubari, the States of Punjab and Bengal were to be
partitioned. A commission was appointed as Sir Cyril Redcliffe as its Chairman
for apportionment of the State of Bihar. A boundary was fixed between India and
Pakistan are known as the Redcliffe line. After this, there arose certain tiffs
between India and Pakistan on the exact location of the apportionment.
During all these processes was underway, the Indian Constitution came into force
on 26th of January,1950 and Article 1 of our Constitution provided India shall
be a Union of States and shall be mentioned in part A,B,C of the First Schedule
of the Constitution.
The Pakistani Government contented its claim over the Berubari union for the
first time in 1952. The areas under the Berubari Union remained under the
territory of India till such time was a part of West Bengal. The dispute was
resolved in 1958 by an agreement wherein half of the Berubari Union was awarded
to India while the other half was retained by India.
- Whether there is a need for legislative action to carry out an agreement
relating to the Berubari Union?
- Whether the case where there is such a need for action, does a law of Parliament
concerning Article 3 of the Indian Constitution, 1950 sufficient, or is an
amendment of the Constitution following Article 368 of Constitution necessary,
besides, or in the alternative?
- Whether the with Article 3 of the Constitution of India Parliament empowered to
implement the agreement relating to Berubari's Union or is there a need for
amendment under Article 368 of the Constitution for such action?
The Supreme Court in the Berubari Union Case concluded that the
Preamble is not a part of Constitution. The Parliament has the power to amend
our Constitution (including article 1).
Preamble of India can be considered as the soul of our Constitution. From the
very first line of our Preamble that is WE THE PEOPLE OF INDIA, having solemnly
resolved to constitute India indicates that we the citizens of India have come
forward and gifted ourselves with this Preamble and it is our decision to abide
To conclude, it will not be wrong to say that the spirit or the ideology behind
the Constitution is sufficiently crystallized in the Preamble. It is also right
to state that Preamble is the basic part of any document and it is but obvious
to our Constitution because it is the Supreme law of our country.
Written By: Srishti