Preamble: Text, origins and structure

The Preamble is built on the Objectives Resolution, which Jawaharlal Nehru drafted and moved in the Constituent Assembly on 13 December 1946; the Assembly adopted it on 22 January 1947. Its promises of a sovereign independent republic, of authority drawn from the people and of justice, liberty and equality were later condensed into the Preamble. Rajendra Prasad was the Assembly's permanent President, B. R. Ambedkar chaired the Drafting Committee, and B. N. Rau was the constitutional adviser who prepared the first draft of the Constitution.

Statement 2 is correct: the Preamble embodies the basic philosophy and fundamental values, political, moral and religious, on which the Constitution rests, and it reflects the grand design of the framers. Statement 1 is incorrect: although the Berubari reference (1960) said the Preamble is not a part of the Constitution, since Kesavananda Bharati (1973) the Supreme Court has consistently held it to be a part of the Constitution, and in LIC of India (1995) it called it an integral part. The word 'never' makes statement 1 false.

Both statements are correct. Kesavananda Bharati v. State of Kerala (1973), decided by a 13-judge Bench, held that the Preamble is a part of the Constitution, and the same case laid down the basic structure doctrine, under which Parliament's amending power under Article 368 cannot destroy the Constitution's basic features. As for placement, the Preamble stands at the very beginning of the Constitution and precedes Part I (Articles 1–4); it is not contained in any numbered Part, though it is part of the Constitution.

Statement 2 is correct: the Preamble resolves 'to secure to all its citizens' justice (social, economic and political), liberty (of thought, expression, belief, faith and worship) and equality (of status and of opportunity), and 'to promote among them all' fraternity. Statement 1 is incorrect: the Preamble locates authority in 'We, the people of India'. The Constituent Assembly was only the forum through which the people acted; the closing words say 'in our Constituent Assembly', underlining that the Assembly belonged to the people.

Adult suffrage is not mentioned in the Preamble. It is provided in the body of the Constitution by Article 326, under which elections to the Lok Sabha and the State Legislative Assemblies are held on the basis of adult suffrage; the voting age was lowered from 21 to 18 by the 61st Amendment (1988, in force 1989). The other three ideas are written in the Preamble: equality of opportunity is part of equality, and the dignity of the individual and the unity and integrity of the Nation are the two aims of fraternity.

In Kesavananda Bharati v. State of Kerala (1973), a 13-judge Bench held that the Preamble is a part of the Constitution. It can therefore be amended under Article 368, but the amendment cannot destroy its basic features, since the Preamble reflects the basic structure. This reversed the view of the Berubari Union reference (1960) that the Preamble is not a part of the Constitution. Golaknath (1967) concerned the amendment of Fundamental Rights, and Indra Sawhney (1992) concerned OBC reservation and the creamy layer.

Both statements are correct. The original Preamble of 1949 spoke of fraternity 'assuring the dignity of the individual and the unity of the Nation'. The 42nd Amendment (1976) added 'integrity', making it 'unity and integrity of the Nation'; the same amendment also added 'socialist' and 'secular'. Statement 2 is also correct: Article 51A(e), a Fundamental Duty added by the same amendment, asks every citizen to promote harmony and the spirit of common brotherhood among all the people of India, transcending religious, linguistic, regional or sectional diversities.

Neither statement is correct, because the sources are reversed. The ideal of social, economic and political justice was taken from the Russian Revolution (1917), which put economic and social equality at the centre of politics. The ideals of liberty, equality and fraternity were taken from the French Revolution (1789–1799), whose famous slogan was 'Liberté, égalité, fraternité'. The Preamble combines both traditions: political liberty from the French, and socio-economic justice from the Russian experience.

A Directive Principle requires it (b). Article 50, in Part IV, directs the State to take steps to separate the judiciary from the executive in the public services of the State. The aim is that the same officers should not both run the administration and judge cases. The Code of Criminal Procedure, 1973 put this into effect by creating separate judicial magistrates, while executive magistrates handle law and order. The Preamble (a) does not mention it. The Seventh Schedule (c) divides subjects between the Centre and states. It is not merely a convention (d).

Notice that judicial independence and the separation of powers are part of the basic structure. The CrPC was replaced by the Bharatiya Nagarik Suraksha Sanhita in July 2024, which keeps this separation.

Answer as per the official UPSC answer key.

Open this question's page →

The Directive Principles declare the welfare state ideal (a). Part IV, the Directive Principles of State Policy, sets out the State's social and economic goals. Article 38 asks the State to promote the welfare of the people by securing a social order based on social, economic and political justice, and to reduce inequalities in income and status. Other articles cover livelihood, equal pay, health, education and help in old age. The Fundamental Rights (b) mainly limit the State. The Preamble (c) states broad ideals but does not set out the welfare state in detail. The Seventh Schedule (d) divides subjects.

Notice how welfare laws, such as MGNREGA, the Right to Education and the National Food Security Act, give legal force to DPSPs.

Answer as per the official UPSC answer key.

Open this question's page →

Option (d) is correct. In Kesavananda Bharati (1973), the Supreme Court held that the Preamble is part of the Constitution, reversing the opinion in Berubari Union (1960) that it was not. Option (b) is therefore wrong. The Preamble is not enforceable on its own in a court; a person cannot sue only because a Preamble ideal is not met. But it guides how the other provisions are read and explained, especially where the text is unclear. That is why option (c) is wrong, as it does not have the same legal effect as other parts. Option (a) goes too far in saying it has no legal effect at all.

The 42nd Amendment (1976) added "socialist", "secular" and "integrity". Notice that the Court upheld these words in November 2024.

Answer as per the official UPSC answer key.

Open this question's page →

Economic liberty is not in the Preamble (b). The Preamble promises liberty of thought, expression, belief, faith and worship, so options (a), (c) and (d) all appear in it. The economic idea in the Preamble is "Justice, social, economic and political", borrowed from the Russian Revolution. It does not mention economic liberty. It also promises equality of status and of opportunity and fraternity, ensuring the dignity of the individual and the unity and integrity of the nation.

The 42nd Amendment (1976) added "socialist, secular" and "integrity". The Supreme Court upheld these words in 2024. Notice that the ideals of liberty, equality and fraternity come from the French Revolution.

Answer as per the official UPSC answer key.

Open this question's page →

The Preamble reflects the mind of the makers (a). The Preamble grew out of the Objectives Resolution, which Nehru moved on 13 December 1946 and the Assembly adopted in January 1947. In Berubari (1960), the Supreme Court called it the key to open the minds of the makers. In Kesavananda Bharati (1973), it said the Preamble is part of the Constitution and can be amended, but not in a way that harms the basic structure. Fundamental Rights (b), Directive Principles (c) and Fundamental Duties (d) carry out these ideals but do not sum them up.

The Preamble was amended once, by the 42nd Amendment. Notice its four parts: the source of authority (We, the People), the nature of the state, its objectives, and the date of adoption (26 November 1949).

Answer as per the official UPSC answer key.

Open this question's page →

"To uphold and protect the sovereignty, unity and integrity of India" is a Fundamental Duty under Article 51A(c) (d). The Preamble (a) speaks of "unity and integrity of the Nation" but not in these exact words. The Directive Principles (b) and Fundamental Rights (c) do not contain this provision.

The Fundamental Duties were added by the 42nd Amendment (1976) on the advice of the Swaran Singh Committee, and the eleventh duty, on education for children, came through the 86th Amendment (2002). They draw on the Soviet Constitution. Notice how rights and duties are meant to go together.

Answer as per the official UPSC answer key.

Open this question's page →