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The Preamble: key to the mind of the makers, part of the Constitution, and amendable

LUG-104 Constitutional Law-I, Unit I: Salient features of the Constitution of India, the nature of the Indian Constitution, the Preamble. · LLB · 60 min

The Preamble is asked in almost every LUG-104 paper: its importance, whether it is part of the Constitution, whether it can be amended, and the meaning of its key words. This lecture gives the text and its history (the Objectives Resolution), the uses of the Preamble in interpretation, the shift from In re Berubari Union (1960: not part) to Kesavananda Bharati (1973: part), the 42nd Amendment's three additions, and the meaning of sovereign, socialist (D.S. Nakara, Samatha), secular (S.R. Bommai), democratic, republic, and of justice, liberty, equality and fraternity, each mapped to the Articles that give it effect. It ends with the amendability question and the 2024 decision upholding the words "socialist" and "secular".

Objectives

Slides

  1. The text of the Preamble
  2. History: the Objectives Resolution, and why the Preamble was adopted last
  3. Key to the mind of the makers: the importance of the Preamble
  4. In re Berubari Union (1960): not part of the Constitution
  5. Kesavananda Bharati (1973): part of the Constitution, and the basic structure
  6. The 42nd Amendment (1976): socialist, secular, integrity
  7. Sovereign, democratic, republic
  8. Socialist: what the word means in India (D.S. Nakara, Samatha)
  9. Secular: no State religion, equal respect for all (S.R. Bommai)
  10. Justice, liberty, equality, fraternity: the objectives and their Articles
  11. D.S. Nakara v Union of India (1983): socialism, pensions and arbitrariness
  12. Can the Preamble be amended? And how the examiner asks it

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