TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Allahabad HC Rejects Hijab Plea in School Uniform

    Allahabad HC Rejects Hijab Plea in School Uniform

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    Modi Government Eyes One Nation-One Election by 2029

    Modi Government Eyes One Nation-One Election by 2029

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    Lalithaa Jewellery Mart IPO: A Look at India’s Gold and Jewellery Retail Boom

    Lalithaa Jewellery Mart IPO: A Look at India’s Gold and Jewellery Retail Boom

    Horizon IPO and the Growing Buzz Around Upcoming Public Offerings in India

    Horizon IPO and the Growing Buzz Around Upcoming Public Offerings in India

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    IAF concludes high-tempo multinational exercises Pitch Black and Udara Shakti 2026

    IAF concludes high-tempo multinational exercises Pitch Black and Udara Shakti 2026

    From Service to Yogasana: Armed Forces Bet on Yoga to Give Agniveers a Head Start as Instructors

    From Service to Yogasana: Armed Forces Bet on Yoga to Give Agniveers a Head Start as Instructors

    The Guns Behind the Headlines: Artillery’s Role in Operation Sindoor

    The Guns Behind the Headlines: Artillery’s Role in Operation Sindoor

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Rawalpindi under Army security cover for six months

    Rawalpindi under Army security cover for six months

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    Indus Waters Row: Pakistan Draws Another ‘Red Line,’ But What Happens When the Rhetoric Runs Dry?

    Indus Waters Row: Pakistan Draws Another ‘Red Line,’ But What Happens When the Rhetoric Runs Dry?

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Unsung South Indian Freedom Fighters Remembered on 79th Independence Day

    Independence Day: Remembering South India’s Unsung Freedom Warriors

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    Family of Three Dies After iPhone EMI Dispute in Maharashtra — A Tragedy Marketing Helped Write

    Family of Three Dies After iPhone EMI Dispute in Maharashtra — A Tragedy Marketing Helped Write

    AI vs Expert Predictions: Which Gets Cricket Right More Often?

    AI vs Expert Predictions: Which Gets Cricket Right More Often?

    The Connection Between Ayurveda, Skin Health, and Daily Wellness

    The Connection Between Ayurveda, Skin Health, and Daily Wellness

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Allahabad HC Rejects Hijab Plea in School Uniform

    Allahabad HC Rejects Hijab Plea in School Uniform

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    Modi Government Eyes One Nation-One Election by 2029

    Modi Government Eyes One Nation-One Election by 2029

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    Lalithaa Jewellery Mart IPO: A Look at India’s Gold and Jewellery Retail Boom

    Lalithaa Jewellery Mart IPO: A Look at India’s Gold and Jewellery Retail Boom

    Horizon IPO and the Growing Buzz Around Upcoming Public Offerings in India

    Horizon IPO and the Growing Buzz Around Upcoming Public Offerings in India

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    IAF concludes high-tempo multinational exercises Pitch Black and Udara Shakti 2026

    IAF concludes high-tempo multinational exercises Pitch Black and Udara Shakti 2026

    From Service to Yogasana: Armed Forces Bet on Yoga to Give Agniveers a Head Start as Instructors

    From Service to Yogasana: Armed Forces Bet on Yoga to Give Agniveers a Head Start as Instructors

    The Guns Behind the Headlines: Artillery’s Role in Operation Sindoor

    The Guns Behind the Headlines: Artillery’s Role in Operation Sindoor

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Rawalpindi under Army security cover for six months

    Rawalpindi under Army security cover for six months

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    Indus Waters Row: Pakistan Draws Another ‘Red Line,’ But What Happens When the Rhetoric Runs Dry?

    Indus Waters Row: Pakistan Draws Another ‘Red Line,’ But What Happens When the Rhetoric Runs Dry?

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Unsung South Indian Freedom Fighters Remembered on 79th Independence Day

    Independence Day: Remembering South India’s Unsung Freedom Warriors

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    Family of Three Dies After iPhone EMI Dispute in Maharashtra — A Tragedy Marketing Helped Write

    Family of Three Dies After iPhone EMI Dispute in Maharashtra — A Tragedy Marketing Helped Write

    AI vs Expert Predictions: Which Gets Cricket Right More Often?

    AI vs Expert Predictions: Which Gets Cricket Right More Often?

    The Connection Between Ayurveda, Skin Health, and Daily Wellness

    The Connection Between Ayurveda, Skin Health, and Daily Wellness

    • 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

Fundamental Rights through the Lens of Sanatan Darshan: A Constitutional Interpretation from Indian Knowledge Tradition

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

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

The Biggest Mistakes Injured Workers Make After a Workplace Accident
Law

The Biggest Mistakes Injured Workers Make After a Workplace Accident

20 August 2026

A workplace injury can change everything in a matter of seconds. One moment you are focused on your job,...

Reasons a Truck Accident Case May Go to Trial
Law

Reasons a Truck Accident Case May Go to Trial

19 July 2026

A truck accident case may go to trial when the parties cannot agree on liability, the value of the...

What Evidence is Used to Calculate Economic Damages?
Law

What Evidence is Used to Calculate Economic Damages?

1 July 2026

Economic damages are the actual financial losses a person suffers after an injury or wrongful act. They cover things...

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

OP SINDOOR: HOW WOMEN PILOTS BRAHMOSED LASHKAR DEN

OP SINDOOR: HOW WOMEN PILOTS BRAHMOSED LASHKAR DEN

00:03:55

Why India Needs a Bigger Navy | More Ships, More Presence, More Maritime Power

00:05:33

India’s Fighter Force Needs More Than Jets | Here’s Why 150 Trainers Matter ? IAF | HAWK | HAL

00:04:44

RAW Chief’s Dhaka Visit: Is India Rebuilding Security Ties With Bangladesh? Reset or Routine?

00:03:30

Kargil From the Sky: Inside IAF’s Operation Safed Sagar

00:05:36
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

©2026 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

©2026 TFI Media Private Limited