Answer:

The Preamble embodies the basic philosophy and fundamental values on which the Constitution is based. After independence, one of the controversies about the Preamble is as to whether it is a part of the Constitution or not. Judiciary in different cases provided different interpretations. For example:

♤ In the Berubari Union case, the Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution, however, didn’t consider it as a part of the Constitution.

♤ In the Kesavananda Bharati case, the Supreme Court rejected the earlier opinion and held that Preamble is a part of the constitution.

Amendability of Preamble:

♤ In Keshvanandan Bharti case, SC upheld that Preamble can be amended, subject to the condition that the amendment doesn’t alter the basic structure of the constitution.

The preamble has been amended only once so far in 1976 by 42nd constitutional Amendment Act which added three new words – socialist, secular and integrity to the preamble.

Recently, a controversy regarding the status of the preamble erupted after the government issued an advertisement where the original preamble of the constitution was mentioned, which did not contain the words Secular and Socialist. The controversy can largely be considered as a political gimmick by parties as a tool for vote bank. This can be understood from the following points:

♤ Secularism is a basic feature of Indian constitution as opined by the SC. The status of India as a secular state is established under Article 25. The substance of secularism lies in fundamental rights and not the preamble.

♤ The significance of the word Socialist state has been diluted significantly as the economy today is dominated by the private sector.

Significance of Preamble in Indian Polity:

♤ It embodies the source of the Constitution i.e., the people of India.

♤ The terms sovereign, socialist, secular, democratic, republic in the Preamble suggests the nature of the state.

♤ The ideals of justice, liberty, equality, fraternity reflects the objectives of the Constitution.

♤ It contains the grand and noble vision of the Constituent Assembly, and reflects the dreams and aspirations of the founding fathers of the Constitution. Thus it is also a guiding source for the judges to understand the minds of founding fathers.