POC02 — Preamble & Salient Features

The Preamble was based on the Objective Resolution moved by Nehru on 13 December 1946 and adopted on 22 January 1947. The Preamble declares the nature of the Indian state and the objectives of the Constitution — Justice, Liberty, Equality, and Fraternity.

The 42nd Amendment Act 1976 added 'Socialist', 'Secular', and 'Integrity' to the Preamble. The full Preamble now reads: 'Sovereign Socialist Secular Democratic Republic' and 'Unity and Integrity of the Nation'. These were added during the Emergency period.

In Re Berubari Union Case (1960), the Supreme Court held that the Preamble is not a part of the Constitution. This was overruled in Kesavananda Bharati v. State of Kerala (1973), where the Court held the Preamble IS a part of the Constitution and reflects its basic features.

A Republic means the Head of State (the President) holds a position attained through election (indirect election by the Electoral College), not through hereditary succession. It contrasts with a monarchy. The UK is not a republic (Queen/King is hereditary); India is.

Secular in the Indian context (Articles 25-28) means the State has no official religion, treats all religions equally (positive secularism), does not discriminate on the basis of religion, and does not interfere in religious matters except for social reform. India's secularism differs from the French model of strict separation.

India follows a single citizenship model (Article 5-11) — all citizens of India are citizens of the Union, not of individual States. This was borrowed from the United Kingdom. The USA has dual citizenship (national citizenship plus state citizenship). Single citizenship promotes national unity.

An independent judiciary with power of judicial review is a federal feature — it acts as an umpire between the Centre and States and ensures neither exceeds constitutional limits. Emergency provisions, single citizenship, and Central appointment of Governors are unitary features.

Sovereign means India has supreme authority within its territory (internally sovereign) and is independent from foreign control (externally sovereign). Membership of the UN, Commonwealth, or other international bodies is voluntary and does not compromise sovereignty.

Article 246 read with the Seventh Schedule distributes legislative powers. The Union List has 97 subjects (including defence, foreign affairs, banking), the State List has 66, and the Concurrent List has 47. Residuary powers also vest with Parliament — making the Centre constitutionally stronger than most federal constitutions.

The concept of Rule of Law — developed by A.V. Dicey in the British context — was borrowed from the United Kingdom. It means supremacy of law (no arbitrary power), equality before law, and predominance of legal spirit. India's Article 14 embodies the Rule of Law.

The Indian Constitution is long because it covers governance for the entire country — both Centre and States — in a single document. It includes fundamental rights, DPSP, emergency provisions, Centre-State relations, constitutional bodies, election provisions, and schedules — all in one comprehensive document.

Democratic means the government is based on popular sovereignty — elected representatives are chosen by the people through universal adult franchise. The government is accountable to the people through Parliament and periodic elections. India is the world's largest democracy.

A single Constitution governing both the Centre and States is a unitary feature. In true federal countries like the USA and Australia, States have their own separate constitutions. In India, one Constitution applies throughout — States do not have their own constitutions.

The Preamble's concept of Justice is three-dimensional: Social justice (no discrimination based on caste, religion, gender), Economic justice (no economic exploitation, equitable distribution), and Political justice (equal political rights and participation). These are also reflected in the Fundamental Rights and DPSP.

The USA has dual citizenship — American citizens are also citizens of their respective states with state-level rights. India has a single, unified citizenship — all Indians are citizens of India, not of any State. This promotes national integration and was borrowed from the UK model.

Fraternity means brotherhood among all Indians irrespective of religion, region, language, or caste. The Preamble links it to 'dignity of the individual' and 'unity and integrity of the Nation.' Without fraternity, other ideals like liberty and equality become hollow.

The Kesavananda Bharati Case (1973) confirmed that the Preamble can be amended as it is part of the Constitution, but its basic features (sovereignty, democracy, republic, secular character) cannot be altered as they form part of the basic structure.

The Basic Structure doctrine (Kesavananda Bharati, 1973) includes: supremacy of the Constitution, republican and democratic form of government, secular character, separation of powers, federal character, and judicial review. These cannot be amended even by a Constitutional Amendment.

The phrase 'We, the People of India' signifies popular sovereignty — the Constitution is ordained and given to themselves by the people, not imposed by any external authority. Ultimate power rests with the people who exercise it through elected representatives.

The Constituent Assembly chose parliamentary government because: India had experience with it under the 1935 Act; it ensures greater accountability of the executive to the legislature; the President can act as a stabilising factor if governments fall; and the system allows coalition politics more naturally.