TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    “Inspiration for millions”: PM Modi Presents Russian Edition of Bhagvad Gita as Gift to Putin

    “Inspiration for millions”: PM Modi Presents Russian Edition of Bhagvad Gita as Gift to Putin

    ‘Combat ready, Cohesive, Credible Force’: Indian Navy Reiterates Commitment to Motherland

    ‘Combat ready, Cohesive, Credible Force’: Indian Navy Reiterates Commitment to Motherland

    Despite Nehru’s objection, Rajendra Prasad became India’s first President !

    How Nehru Resisted Dr. Rajendra Prasad—from Presidency to Somnath visit  and Beyond

    Nehru’s Erasure of RC Majumdar Stands as a Stark Warning about Power over History

    Nehru’s Erasure of RC Majumdar Stands as a Stark Warning about Power over History

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    From Paper-Mandates to eNACH Registration: How Digital Mandates Are Changing Cash Flow

    From Paper-Mandates to eNACH Registration: How Digital Mandates Are Changing Cash Flow

    What is the financial management cycle?

    What is the financial management cycle?

    Smart Investment Planning: Calculating Mutual Fund SIP Growth Easily

    Smart Investment Planning: Calculating Mutual Fund SIP Growth Easily

    Convert ETH to USD Using Price Statistics for Better Trading Decisions

    Convert ETH to USD Using Price Statistics for Better Trading Decisions

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    How Ukraine Uses Psychological and Information Warfare to ‘Win,’ and What India Can Learn From This Strategy

    How Ukraine ‘Wins’ the Psychological and Informatiaon War Despite Destruction — Lessons India Cannot Afford to Ignore

    Pakistan’s ‘ship-launched ASBM’ claim doesn’t withstand technical or industrial scrutiny

    Pakistan’s ‘ship-launched ASBM’ claim doesn’t withstand technical or industrial scrutinys

    Borders Can Change: Why Rajnath Singh’s Sindh Remark is India’s New Message to Pakistan

    Borders Can Change: Why Rajnath Singh’s Sindh Remark is India’s New Message to Pakistan

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Europe’s Slow Descent Into Weakness

    Europe: A Continent Happily Committing a Long-Drawn Suicide

    End of NATO? US Secretary of State Marco Rubio May Skip Foreign Ministers’ Meet in Brussels for First Time in Two Decades

    End of NATO? US Secretary of State Marco Rubio May Skip Foreign Ministers’ Meet in Brussels for First Time in Two Decades

    ‘Best Fighter In the World’ Dmitry Peskov Pitches For Sukhoi-57 Fighter Jet Ahead of Putin’s Visit to India

    ‘Best Fighter In the World’ Dmitry Peskov Pitches For Sukhoi-57 Fighter Jet Ahead of Putin’s Visit to India

    ‘We Are Ready to Go As Far As India Is’: Ahead of Putin Visit, Kremlin Says India-Russia Partnership Has No Limits

    ‘We Are Ready to Go As Far As India Is’: Ahead of Putin Visit, Kremlin Says India-Russia Partnership Has No Limits

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Despite Nehru’s objection, Rajendra Prasad became India’s first President !

    How Nehru Resisted Dr. Rajendra Prasad—from Presidency to Somnath visit  and Beyond

    Talom Rukbo Initiated the Donyi–Polo Movement: Bringing Tribal Youth Back to Their Roots

    Talom Rukbo: The Forgotten Hero Who Shielded Arunachal’s Tribal Communities from Religious Conversion

    How Guru Tegh Bahadur The Ninth Sikh Guru Became a Martyr for Religious Freedom

    How Guru Tegh Bahadur The Ninth Sikh Guru Became a Martyr for Religious Freedom

    21 November 1962: Looking Back at the Indo-China war and How it Redefined the Border Equation

    21 November 1962: Looking Back at the Indo-China war and How it Redefined the Border Equation

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    감정을 가진 로봇의 시대가 오고 있다

    감정을 가진 로봇의 시대가 오고 있다

    Is AISaver Face Swap the Best Tool for Face Swap Video Online Free in 2025?

    Is AISaver Face Swap the Best Tool for Face Swap Video Online Free in 2025?

    Why Fat Analysis Matters in the Food and Feed  Industry?

    Why Fat Analysis Matters in the Food and Feed Industry?

    Heart Surgery Hospital in Delhi: What to Expect During Your Procedure

    Heart Surgery Hospital in Delhi: What to Expect During Your Procedure

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    “Inspiration for millions”: PM Modi Presents Russian Edition of Bhagvad Gita as Gift to Putin

    “Inspiration for millions”: PM Modi Presents Russian Edition of Bhagvad Gita as Gift to Putin

    ‘Combat ready, Cohesive, Credible Force’: Indian Navy Reiterates Commitment to Motherland

    ‘Combat ready, Cohesive, Credible Force’: Indian Navy Reiterates Commitment to Motherland

    Despite Nehru’s objection, Rajendra Prasad became India’s first President !

    How Nehru Resisted Dr. Rajendra Prasad—from Presidency to Somnath visit  and Beyond

    Nehru’s Erasure of RC Majumdar Stands as a Stark Warning about Power over History

    Nehru’s Erasure of RC Majumdar Stands as a Stark Warning about Power over History

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    From Paper-Mandates to eNACH Registration: How Digital Mandates Are Changing Cash Flow

    From Paper-Mandates to eNACH Registration: How Digital Mandates Are Changing Cash Flow

    What is the financial management cycle?

    What is the financial management cycle?

    Smart Investment Planning: Calculating Mutual Fund SIP Growth Easily

    Smart Investment Planning: Calculating Mutual Fund SIP Growth Easily

    Convert ETH to USD Using Price Statistics for Better Trading Decisions

    Convert ETH to USD Using Price Statistics for Better Trading Decisions

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    How Ukraine Uses Psychological and Information Warfare to ‘Win,’ and What India Can Learn From This Strategy

    How Ukraine ‘Wins’ the Psychological and Informatiaon War Despite Destruction — Lessons India Cannot Afford to Ignore

    Pakistan’s ‘ship-launched ASBM’ claim doesn’t withstand technical or industrial scrutiny

    Pakistan’s ‘ship-launched ASBM’ claim doesn’t withstand technical or industrial scrutinys

    Borders Can Change: Why Rajnath Singh’s Sindh Remark is India’s New Message to Pakistan

    Borders Can Change: Why Rajnath Singh’s Sindh Remark is India’s New Message to Pakistan

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Europe’s Slow Descent Into Weakness

    Europe: A Continent Happily Committing a Long-Drawn Suicide

    End of NATO? US Secretary of State Marco Rubio May Skip Foreign Ministers’ Meet in Brussels for First Time in Two Decades

    End of NATO? US Secretary of State Marco Rubio May Skip Foreign Ministers’ Meet in Brussels for First Time in Two Decades

    ‘Best Fighter In the World’ Dmitry Peskov Pitches For Sukhoi-57 Fighter Jet Ahead of Putin’s Visit to India

    ‘Best Fighter In the World’ Dmitry Peskov Pitches For Sukhoi-57 Fighter Jet Ahead of Putin’s Visit to India

    ‘We Are Ready to Go As Far As India Is’: Ahead of Putin Visit, Kremlin Says India-Russia Partnership Has No Limits

    ‘We Are Ready to Go As Far As India Is’: Ahead of Putin Visit, Kremlin Says India-Russia Partnership Has No Limits

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Despite Nehru’s objection, Rajendra Prasad became India’s first President !

    How Nehru Resisted Dr. Rajendra Prasad—from Presidency to Somnath visit  and Beyond

    Talom Rukbo Initiated the Donyi–Polo Movement: Bringing Tribal Youth Back to Their Roots

    Talom Rukbo: The Forgotten Hero Who Shielded Arunachal’s Tribal Communities from Religious Conversion

    How Guru Tegh Bahadur The Ninth Sikh Guru Became a Martyr for Religious Freedom

    How Guru Tegh Bahadur The Ninth Sikh Guru Became a Martyr for Religious Freedom

    21 November 1962: Looking Back at the Indo-China war and How it Redefined the Border Equation

    21 November 1962: Looking Back at the Indo-China war and How it Redefined the Border Equation

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    감정을 가진 로봇의 시대가 오고 있다

    감정을 가진 로봇의 시대가 오고 있다

    Is AISaver Face Swap the Best Tool for Face Swap Video Online Free in 2025?

    Is AISaver Face Swap the Best Tool for Face Swap Video Online Free in 2025?

    Why Fat Analysis Matters in the Food and Feed  Industry?

    Why Fat Analysis Matters in the Food and Feed Industry?

    Heart Surgery Hospital in Delhi: What to Expect During Your Procedure

    Heart Surgery Hospital in Delhi: What to Expect During Your Procedure

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

Preamble: Evolution from loosely worded guideline to Iron-Tight Principle

Shivam Jaiswal by Shivam Jaiswal
16 December 2022
in Law
Preamble: Evolution from loosely worded guideline to Iron-Tight Principle
Share on FacebookShare on X

The Preamble, the arch of the Constitution, is basically the prologue to the Constitution. The essence of the spirit of the citizens is encapsulated in this holy document. The “Preamble” is rightly phrased as the “identity card of the Constitution” by the legendary Nani Palkivala. It assures socio-economic justice to all Indian citizens and guides the legal fraternity in upholding the Rule of Law in society.

However, the Preamble and the Constitution together have matured along with the democratic journey of the nation. In all, there have been 105 amendments to the Constitution of India. Nevertheless, the most draconian change was brought about by PM Indira Nehru Gandhi, under the guise of emergency, with the pessimistic 42nd Amendment, 1976.

RelatedPosts

After RSS, VHP Too Seeks a Debate on Scrapping Emergency Era Additions ‘Secular’ and ‘Socialist’

VP Dhankhar Questions Emergency-Era Additions “socialist” and “secular” to Preamble, Calls Them a Wound

How ‘Secular’ and ‘Socialist’ Were Surreptitiously Embedded in the Constitution – And Why Their Contemporary Relevance Warrants Scrutiny

Load More

Indoctrination of the Preamble

The task of bestowing the people with a preamble was attributed to the Constituent Assembly. At first, it was suggested that the Preamble be omitted from the Constitution. Contrarily, Maulana Hasrat Mohani and Shri KM Munshi both objected to the idea. Subsequently, Maulana Hasrat Mohani made three changes to the draft Preamble.

The first of which was the substitution of the Sovereign Federal Republic or Sovereign Independent Republic for the Sovereign Democratic Republic as the country, which was rejected. Next, a suggestion was made to rename India the Union of Socialist Republics, based on the USSR model, which was also rejected. Lastly, another amendment was sought to introduce “In the name of God” or “In the name of Gandhiji” in the preamble, which too failed on the floor of the house by a 68-41 split.

Also read: The most iconic Indian case ever: 1973, Kesavananda Bharati vs State of Kerala – Part 3

A Failed Attempt to Paint the Preamble with Communism

The effort to paint the preamble with a communist flavour was made by Shri Brijeshwar Prasad. He proposed the inclusion of the words “secular and socialist” in the preamble, which was disregarded. In another attempt, Shri KT Shah introduced the amendment proposing to include “secular, federal, and socialist” in Clause (1) of Article 1, which was also rejected.

Consequently, the Objectives Resolution was introduced in the Constituent Assembly on December 13, 1946, and was approved on January 22, 1947. As a consequence, the original Preamble was adopted by the Constituent Assembly on November 26, 1949, declaring India a “Sovereign Democratic Republic,” which became effective on January 26, 1950. Later, the Indira Gandhi regime, however, succeeded in adding the term secular and socialist in the constitution in 1976.

Also read: The most iconic Indian case ever: 1973, Kesavananda Bharati vs State of Kerala – Part 2

Judiciary Dictum on the Preamble

The Preamble is regarded as the heart and soul of the spirit of the Constitution. It highlights the dedication and vision of a nation in contrast to the misery and sacrifices made to achieve independence. The language of the preamble emphasises a number of the fundamental principles and tenets upon which the Constitution rests.

The spirit of the Preamble, therefore, becomes significant and has been subjected to judicial scrutiny on multiple occasions. The problematic question of whether the Preamble is a part of the Constitution or not was dealt with in two leading cases by the Apex Court.

Also read: The most iconic Indian case ever: 1973, Kesavananda Bharati vs State of Kerala

Berubari case: Preamble not part of Constitution

The Berubari case was brought up for examination by an eight-judge panel led by Chief Justice B.P. Sinha. The case was a Presidential Reference under Article 143(1) of the Indian Constitution regarding the implementation of the Indo-Pak Accord relating to the Berubari union and exchange of enclaves.

The opinion of the court was given in unanimity by Justice Gajendragadkar. The renowned Constitutional Bench held that the Preamble to the Constitution contains the declaration made by the people of India in exercising their sovereign will. The court relied on the Golaknath case.

And it was highlighted that the Preamble is undoubtedly a key to unlocking the minds of the Constitution’s framers and may reveal the general purposes for which they made the various provisions in the Constitution, but it is not itself a part of the constitutional document.

Also read: The 1995 case that cemented the notion of ‘Hinduism is a way of life’ and why it is not right

Kesavananda Bharati case: preamble part of the Constitution

In the Kesavananda case, which was decided in 1973, the Supreme Court reversed earlier rulings and acknowledged that the preamble might be used to interpret parts of the Constitution that are unclear and give rise to conflicting interpretations.

Therefore, creating history, the court held that the Preamble to the Constitution of India is a part of the Constitution, neither a source of power nor a source of limitations, and has a significant role to play in the interpretation of statutes, as well as in the interpretation of provisions of the Constitution.

Further, in 1995, in the LIC case, the Apex Court reiterated that the Preamble is an integral part of the Constitution and cannot be alienated from the document. Nonetheless, the discussion on the preamble cannot be completed taking into account the Mandal Commission case, where the Apex Court highlighted the significance, value, and message of the preamble.

According to Hon’ble Justice B.P. Jeevan, the fourfold goal of securing to its citizens justice, liberty, equality, and fraternity demonstrates statesmanship of the highest order under the Indian Constitution.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

https://www.youtube.com/watch?v=sjw68IrUvzc

Tags: Constituent AssemblyGolaknath caseIndian ConstitutionIndo-Pak AccordJustice Gajendragadkar.Maulana Hasrat MohaniObjectives ResolutionPreambleShri KM MunshiShri KT Shah
ShareTweetSend
Previous Post

‘Na Bhuto Na Bhavishyati’ Lionel Messi bids adieu

Next Post

India is showing the world how to be a Boss at the UNSC

Related Posts

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills
Law

“Fit to Be Dismissed”: SC Upholds Sacking of Christian Army Officer for Refusing to Enter Gurudwara During Regimental Parade

25 November 2025

Reinforcing the Armed Forces’ uncompromising commitment to discipline and unit cohesion, the Supreme Court on Monday upheld the dismissal...

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills
Law

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills

20 November 2025

In a landmark opinion delivered on November 20, the Supreme Court held that neither the President nor a Governor...

How Professional Legal Guidance Raises Your Settlement Value
Law

How Professional Legal Guidance Raises Your Settlement Value

5 November 2025

The task of settling an injury claim alone is like attempting to win a game without knowing the rules....

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

A War Won From Above: The Air Campaign That Changed South Asia Forever

A War Won From Above: The Air Campaign That Changed South Asia Forever

00:07:37

‘Mad Dog’ The EX CIA Who Took Down Pakistan’s A.Q. Khan Nuclear Mafia Reveals Shocking Details

00:06:59

Dhurandar: When a Film’s Reality Shakes the Left’s Comfortable Myths

00:06:56

Tejas Under Fire — The Truth Behind the Crash, the Propaganda, and the Facts

00:07:45

Why Rahul Gandhi’s US Outreach Directs to a Web of Shadow Controversial Islamist Networks?

00:08:04
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2025 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2025 TFI Media Private Limited