Short Notes on Preamble of the constitution of India Amaresh Patel LAW NOTES Mon, Mar 15, 2021, at ,03:03 PM Ø The preamble of the Indian ConstitutionAdopted From Constitution of USA- NA Palkhiwala refer to it as - “Identity Card of the Constitution- Socialist, Secular, and Integrity -42nd amendment 1976 - Sovereign –*Both Internal and External * Free to conduct its affairs- Socialist * Democratic Socialism (we have our own Brand in defining the socialism)*Leading towards Gandhian Socialism * World Faith in Mixed Economy* New Economy Policy (1991) diluted the concept of Socialism *Secular word was introduced under 42nd Amendment 1976*It explains Positive Concept of Secularism * It is encoded under Article 25-28, 14, 15&16, 29 & 30- Democratic –Direct Democracy* Referendum, Plebiscite, and Recall* Political and Social Democracy - Parliamentary Democracy (Indirect Democracy)o USAo Periodic Electiono Independent judiciaryo absence of discrimination on certain Grounds - Republic -* Elected Head (For Fixed Period)*No Dynast*Political Sovereignty in People*Absence of Privileged Class- Justice -*Social, Economic, and Political (this concept has been taken from Russian Revolution)* Distributive Justice - LIBERTY - (French Revolution) (1789-99) *Absence of Restraint *Opportunity For the development of Individual *Not absolute Liberty*Liberty, Equality, and Fraternity (French Revolution) - Equality * Civic Equality -Article 14, 15, 16, 17, 18*Economy Equality -Article 39,39A,39 B,39 C,39 D, 39 E ,39 F*Political Equality -Article 325&326- Fraternity -Article 51 A, Article 1 (Union of state ) *Sense of Brotherhood *Fundamental Duties *Single Citizenship - Dignity of Individual -*Unity and Integrity of the Nation Ø IMPORTANCE OF PREAMBLE - Political, Moral and Religious Philosophy- K.M. Munshi -Horoscope of Our Sovereign, Democratic Republic - Sir Evert Banker - "Keynote to the Constitution- M. Uditayalullah -" Soul of the Constitution Ø Landmark Case -- -Berubari Case - (1960)"Preamble is not Part of the Constitution👉Cannot be amended- Keshavanda Bharti Case -(1973)"Preamble is Part of the Constitution-Can not be amended-Union government vs LIC of India Case- "Preamble is an integral part of the Constitution