preamble
The Preamble declares that the people of India give themselves the Constitution, and describes India as a sovereign, socialist, secular, democratic republic committed to justice, liberty, equality and fraternity. “Socialist”, “secular” and “integrity” were added by the 42nd Amendment, 1976.
In Berubari (1960) the Supreme Court said the Preamble was not part of the Constitution. Kesavananda Bharati held that it is part of the Constitution, can be amended under Article 368, but not so as to destroy the basic structure it reflects. It is not a source of power or limits on its own, but it is used to interpret ambiguous provisions. A statute's preamble is likewise an internal aid to interpretation.
Example
Since the Preamble is part of the Constitution, its secular and democratic features form part of the basic structure beyond Parliament's amending power.
In Indian law
See also
basic structure doctrine · secularism · internal aids to interpretation
Read more in the study notes
- Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
- Competition policy, economics and the elements of competition law (Competition Law)
- Constitutional provisions regulating trade and competition (Competition Law)
- The MRTP Act, 1969, the Raghavan Committee and the Consumer Protection Act (Competition Law)
- Constitution: meaning, kinds and constitutionalism (Constitutional Law I)
- Constitutional history, drafting and the Constituent Assembly (Constitutional Law I)