Consider the following statements with respect to Preamble of the Constitution of India:

1. The Preamble is based on the 'Objective Resolution' moved by Jawaharlal Nehru in the Constitution Assembly.

2. The Preamble has been amended only twice so far.

3. In the Berubari Union case (1960), Supreme Court held that Preamble is a part of the Constitution.

Which of the statements given above is/are correct?

Solution

The Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru, and adopted by the Constituent Assembly. Hence statement 1 is correct.   • The Supreme Court held that the basic elements or the fundamental features of the Constitution as contained in the Preamble cannot be altered by an amendment under Article 368. The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act, which has added three new words–Socialist, Secular and Integrity–to the Preamble. This amendment was held to be valid. Hence statement 2 is not correct.  In the Berubari Union case (1960), the Supreme Court said that the Preamble shows the general purposes behind the several provisions in the Constitution, and is thus a key to the minds of the makers of the Constitution. Despite this recognition of the significance of the Preamble, the Supreme Court specifically opined that Preamble is not a part of the Constitution. Hence statement 3 is not correct.