The Preamble & Salient Features of the Constitution
"Union of States", Not "Federation" — Article 1
Right after the Preamble, Article 1 makes a deliberate word choice that the paper tests almost every year: "India, that is Bharat, shall be a Union of States" — not a "Federation of States".
- Dr. Ambedkar explained two reasons in the Assembly: (1) the Indian federation is not the result of an agreement among states (unlike the USA, where states came together voluntarily), and (2) no state has the right to secede from it — it is indestructible.
- This means the Union is indestructible, though individual state boundaries/names are not — Parliament can, by a simple law (not even a constitutional amendment), form new states, alter areas, or change names under Article 3.
- This is why India is often described as "indestructible Union of destructible states" — a phrase worth memorising verbatim.
Where the Ideals Came From
| Ideal | Borrowed from |
|---|---|
| Justice (social, economic, political) | Russian Revolution (1917) |
| Liberty, Equality, Fraternity | French Revolution (1789) |
| "We, the People" & Republic idea | Constitution of the USA |
Is the Preamble Part of the Constitution?
- Berubari Case, 1960SC held the Preamble is not a part of the Constitution (but is a key to its makers' minds).
- Kesavananda Bharati, 1973SC reversed itself: the Preamble is a part of the Constitution and can be amended — but the basic structure cannot be destroyed.
- 42nd Amendment, 1976The only time the Preamble was amended — added the words Socialist, Secular and Integrity.
- LIC of India Case, 1995SC again confirmed the Preamble is a part of the Constitution.
(1) The Preamble has been amended only once — by the 42nd Amendment (1976).
(2) The Preamble is non-justiciable — you cannot go to court just to enforce the Preamble by itself. Remember both.
Salient Features — the Big Picture
Beyond the Preamble, the Constitution as a whole has some defining features. You do not need to memorise all — just recognise them, because the paper asks "which of the following is a feature".
- Lengthiest written constitution in the world.
- Blend of rigidity and flexibility — some parts easy to amend, some hard.
- Federal system with a unitary (strong-Centre) bias.
- Parliamentary form of government (borrowed from the UK).
- Integrated and independent judiciary with the Supreme Court at the top.
- Fundamental Rights, Fundamental Duties and Directive Principles.
- Secular state, single citizenship, universal adult franchise.
- Three-tier government (Centre, State, and local bodies after the 73rd/74th Amendments).
Key takeaways
- The Preamble is based on the Objectives Resolution (Nehru, 13 Dec 1946).
- India = Sovereign Socialist Secular Democratic Republic; secures Justice, Liberty, Equality, Fraternity.
- Justice → Russian Revolution; Liberty-Equality-Fraternity → French Revolution; "We, the People" → USA.
- Amended only once — the 42nd Amendment (1976) added Socialist, Secular, Integrity.
- Berubari (1960): not part → Kesavananda Bharati (1973): part of the Constitution; Preamble is non-justiciable.
- Salient features: lengthiest written constitution, federal with unitary bias, parliamentary, integrated judiciary, single citizenship.
- India's "Socialist" = democratic socialism (mixed economy), not Marxist. India's "Secular" = positive secularism (equal respect to all religions), not Western wall-of-separation. S. R. Bommai (1994): secularism is part of the basic structure.
- Article 1: "India, that is Bharat, shall be a Union of States" — not a Federation; no state can secede, but Parliament can alter state boundaries/names by ordinary law under Article 3. Often called an "indestructible Union of destructible states".
Practice questions (12)
Attempt each one before opening the answer. Every explanation names the tempting wrong option as well as the right one, because that is where marks are lost.
The Preamble of the Indian Constitution is based on which document?
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Answer: B — The Objectives Resolution
The Preamble is based on the Objectives Resolution moved by Nehru on 13 December 1946 and adopted on 22 January 1947.Which words were added to the Preamble by the 42nd Amendment (1976)?
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Answer: B — Socialist, Secular, Integrity
The 42nd Amendment 1976 added Socialist, Secular and Integrity. It is the only amendment ever made to the Preamble.The ideals of Liberty, Equality and Fraternity in the Preamble were inspired by:
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Answer: C — The French Revolution
Liberty, Equality and Fraternity come from the French Revolution (1789). Justice (social, economic, political) comes from the Russian Revolution.Consider the following statements about the Preamble:
1. In the Kesavananda Bharati case (1973), the Supreme Court held that the Preamble is a part of the Constitution.
2. The Preamble is enforceable in a court of law.
Which is/are correct?Show answer
Answer: A — Only 1
Statement 1 is correct. Statement 2 is wrong — the Preamble is non-justiciable; it cannot be enforced by itself in court.In which case did the Supreme Court first hold that the Preamble is NOT a part of the Constitution?
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Answer: B — Berubari Union Case
In the Berubari Union Case (1960), the SC held the Preamble was not a part of the Constitution — a view later reversed in Kesavananda Bharati (1973).The word "Republic" in the Preamble implies that:
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Answer: B — The head of state is elected, not hereditary
A Republic means the head of state (the President) is elected for a fixed term and the office is not hereditary like a monarchy.Who described the Preamble as the "identity card of the Constitution"?
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Answer: B — N. A. Palkhivala
N. A. Palkhivala called the Preamble the "identity card of the Constitution". K. M. Munshi called it the "political horoscope".Consider the following features of the Indian Constitution:
1. It provides for a federal system with a strong Centre.
2. It establishes a single, integrated judiciary.
Which is/are correct?Show answer
Answer: C — Both 1 and 2
Both are correct — the Indian Constitution is federal with a unitary bias and has a single integrated judiciary headed by the Supreme Court.In which case did the Supreme Court hold that secularism is a part of the "basic structure" of the Constitution?
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Answer: B — S. R. Bommai Case (1994)
In S. R. Bommai v. Union of India (1994), the Supreme Court held that secularism is part of the basic structure of the Constitution and cannot be removed even by amendment.India's model of secularism is best described as:
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Answer: B — Positive secularism — equal respect and, where needed, regulation of all religions
India follows "positive secularism" — the State has no religion of its own but treats all faiths with equal respect, and can even regulate or assist religious institutions, unlike the USA's strict wall-of-separation model.Article 1 of the Constitution describes India as a:
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Answer: B — Union of States
Article 1 says "India, that is Bharat, shall be a Union of States" — deliberately avoiding the word "Federation" because the Union is not the result of an agreement among states and no state can secede.Under which Article can Parliament alter the boundaries, area or name of a State by an ordinary law?
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Answer: C — Article 3
Article 3 empowers Parliament to form new states and alter areas, boundaries or names of existing states by a simple majority law, not a constitutional amendment.