SC QUESTIONS AMENDMENT OF PREAMBLE

In a hearing on 8th February 2024, the Supreme Court examined a petition that challenged the inclusion of the terms 'socialist' and 'secular' in the Constitution's Preamble, questioning whether the Preamble could have been amended in 1976 without altering its original adoption date, November 26, 1949.

Understanding the Preamble to the Indian Constitution:

1. Definition:

1. 1. The Preamble serves as an introductory statement, outlining the document's philosophy and goals, influenced by the United States Constitution's Preamble.

1. 1. 1. Esteemed jurist Palkhivala described the Preamble as the Constitution's “identity card”.

2. Purpose:

1. 1. It reflects the framers' intentions, the historical context of its creation, and the foundational values and principles of India.

3. Origins:

1. 1. Inspired by Jawaharlal Nehru's Objectives Resolution on January 22, 1947, it encapsulates the vision for the nation.

4. Amendment History

1. 1. In December 1976, the government led by Indira Gandhi amended the Preamble for the first time, incorporating the terms 'socialist' and 'secular

Key Elements of the Preamble:

1. Authority:

1. 1. Declares that the Constitution's authority stems from the people of India.

2. Character of the State:

1. 1. Proclaims India as a sovereign, socialist, secular, and democratic republic.

3. Objectives:

1. 1. Aims to ensure justice, liberty, and equality for all citizens and to foster fraternity to preserve the nation's unity and integrity.

4. Adoption Date:

1. 1. Notes its adoption date as November 26, 1949.

Status on Amendability:

1. Berubari Union Case (1960):

1. 1. The Court recognized the Preamble as a crucial interpretative tool but not legally enforceable.

2. Kesavananda Bharati vs State of Kerala (1973):

1. 1. Established the Preamble as part of the Constitution, amendable under Article 368 but safeguarded against alterations to its 'basic structure.' The 42nd Amendment in 1976 added 'Socialist', 'Secular', and 'Integrity', modifying 'Unity of the Nation' to 'Unity and Integrity of the Nation'.

3. S R Bommai vs Union of India (1994):

1. 1. Reaffirmed the Preamble's status as an integral component of the Constitution, essential in interpreting its statutes and provisions.

1. Petition Overview:

1. 1. A petition by BJP leader Subramanian Swamy sought the removal of 'socialist' and 'secular' from the Preamble.

2. Original Preamble Content:

1. 1. Justice Datta highlighted that 'socialist' and 'secular' were initially absent from the Preamble, which uniquely includes its adoption date, November 26, 1949.

3. Amendment Possibility:

1. 1. Justice Datta noted that amending the Preamble was possible, questioning whether it could be done without altering the original date.

4. Further Proceedings :

1. 1. The court agreed to hear further arguments in the week commencing April 29, 2024.