Phase 1: The Constitutional Framework

Preamble & Territory

Understanding the ideological goals and the integration of states.

The Preamble: The Soul of the Constitution

The Preamble is a brief introductory statement that sets out guidelines to guide people of the nation, and to present the principles of the Constitution. It is based on the "Objective Resolution" drafted and moved by Jawaharlal Nehru, and adopted by the Constituent Assembly.

Key Words in the Preamble

  • Sovereign: India is an independent entity and not subject to the control of any external power.
  • Socialist: Added by the 42nd Amendment (1976), aiming to end poverty, ignorance, disease, and inequality of opportunity (Democratic Socialism).
  • Secular: Added by the 42nd Amendment. The state has no official religion and treats all religions equally.
  • Democratic: The government derives its authority from the will of the people (Universal Adult Franchise).
  • Republic: The head of the state is always elected directly or indirectly for a fixed period (the President).

Is Preamble a part of the Constitution?

Berubari Union Case (1960): Supreme Court held that the Preamble is not a part of the Constitution.

Kesavananda Bharati Case (1973): Supreme Court rejected its earlier opinion and held that the Preamble is a part of the Constitution and can be amended under Article 368, subject to the condition that no amendment is done to the "Basic Structure".

Part I: The Union and its Territory (Articles 1-4)

Article 1 describes India, that is, Bharat as a 'Union of States' rather than a 'Federation of States'. This provision deals with two things: one, the name of the country, and two, the type of polity.

Article 2 vs Article 3

  • Article 2: Grants Parliament the power to admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit. (Relates to states not previously part of the Indian Union, e.g., Sikkim).
  • Article 3: Authorizes Parliament to form a new state by separation of territory from any state or by uniting two or more states. It deals with internal re-adjustment inter se of the territories of the constituent states of the Indian Union.

A bill under Article 3 can be introduced in Parliament only with the prior recommendation of the President. The President has to refer the same to the state legislature concerned for expressing its views within a specified period, although these views are not binding.

Article 4

Article 4 itself declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries or names of existing states (under Article 3) are not to be considered as amendments of the Constitution under Article 368. This means such laws can be passed by a simple majority.