Roadmap for Answer Writing
Introduction
- Briefly define the Preamble and its purpose in the Constitution.
Importance of the Preamble
- Philosophical Foundation
- Discuss how it embodies the core values of the Constitution, including justice, liberty, equality, and fraternity.
- Mention that it reflects the basic political, moral, and religious principles (Source: Preamble of the Constitution).
- Source of Authority
- Explain that the Preamble establishes the authority of the Constitution as deriving from the people of India.
- Nature of the State
- Highlight the key terms: sovereign, socialist, secular, democratic, and republic, and their significance in defining the Indian state.
- Objectives and Vision
- State the historical context, including the adoption date (November 26, 1949) and its role as a guiding document for interpretation (Source: Constituent Assembly debates).
Examination of Its Status as Part of the Constitution
- Initial Views
- Reference the Berubari Union case (1960), where the Supreme Court stated the Preamble is not part of the Constitution.
- Changing Perspectives
- Discuss the Kesavananda Bharati case (1973) where the Supreme Court recognized the Preamble as part of the Constitution and an essential aspect of Constitutional Law.
- Subsequent Reinforcement
- Mention the S. R. Bommai case (1994), reinforcing the Preamble’s integral status.
Conclusion
- Summarize the importance of the Preamble and affirm that it is a crucial part of the Constitution, often referred to as its “identity card.”
Relevant Facts for the Answer
- Source of the Preamble: Drafted based on the “Objectives Resolution” by Pandit Nehru, adopted on January 22, 1947.
- Adoption Date: November 26, 1949, marked as the Constitution’s adoption date.
- Supreme Court Rulings:
- Berubari Union case (1960): The Preamble was seen as non-justiciable and not part of the Constitution.
- Kesavananda Bharati case (1973): Declared the Preamble as an integral part of the Constitution.
- S. R. Bommai case (1994): Reaffirmed the Preamble’s essential role.
These elements will provide a structured and comprehensive approach to answering the question effectively.
Model Answer
Importance of the Preamble to the Indian Constitution
The Preamble serves as the introduction to the Indian Constitution, summarizing its core principles and values. Based on Pandit Nehru’s “Objectives Resolution,” adopted on January 22, 1947, it embodies the fundamental philosophy of the Constitution.
Key Significance
Is the Preamble Part of the Constitution?
Initially, in the Berubari Union case (1960), the Supreme Court did not consider the Preamble as part of the Constitution. However, the landmark Kesavananda Bharati case (1973) affirmed its integral status, stating that it is essential to Constitutional Law. This view was reiterated in the S. R. Bommai case (1994).
Thus, the Preamble is recognized as a vital part of the Constitution, serving as its “identity card” (Source: Supreme Court rulings).