The Preamble and Key Amendments to the Constitution
The Preamble is the introductory statement of the Constitution. It declares the source of authority, the nature of the Indian State and the objectives that the Constitution seeks to secure for the people. The amending power under Article 368 has allowed the Constitution to grow with the times, and a handful of amendments are asked again and again in examinations. This topic brings the Preamble and the important amendments together in one place.
Introduction and Background
The Preamble is based on the Objective Resolution moved by Jawaharlal Nehru on 13 December 1946. It describes India as a Sovereign, Socialist, Secular, Democratic Republic. The words Socialist, Secular and Integrity were added by the 42nd Amendment Act of 1976. The Preamble assures Justice in its social, economic and political forms, Liberty of thought, expression, belief, faith and worship, Equality of status and opportunity, and Fraternity assuring the dignity of the individual and the unity and integrity of the nation.
The Preamble is not enforceable in a court of law, but it is a key to the interpretation of the Constitution. In the Berubari Union case (1960) the Supreme Court held that the Preamble is not a part of the Constitution, but in the Kesavananda Bharati case (1973) the Court held that the Preamble is a part of the Constitution and can be amended under Article 368, provided the basic structure is not destroyed. The Preamble has been amended only once, by the 42nd Amendment.
Key Constitutional Amendments
- 1st Amendment (1951): added the Ninth Schedule to protect land reform laws from judicial review and added restrictions on freedom of speech.
- 42nd Amendment (1976): called the Mini-Constitution; added the words Socialist, Secular and Integrity to the Preamble, added Fundamental Duties, and curtailed judicial review.
- 44th Amendment (1978): removed the Right to Property from the Fundamental Rights; it became a legal right under Article 300A. It also reversed many changes of the 42nd Amendment.
- 52nd Amendment (1985): added the Anti-Defection Law in the Tenth Schedule.
- 61st Amendment (1988): reduced the voting age from 21 years to 18 years.
- 73rd Amendment (1992): gave constitutional status to Panchayati Raj institutions (Part IX).
- 74th Amendment (1992): gave constitutional status to urban local bodies or Municipalities (Part IXA).
- 86th Amendment (2002): made elementary education a Fundamental Right under Article 21A for children of 6 to 14 years, and added the 11th Fundamental Duty.
- 101st Amendment (2016): introduced the Goods and Services Tax (GST).
- 103rd Amendment (2019): provided 10% reservation for the Economically Weaker Sections (EWS).
- 106th Amendment (2023): provided 33% reservation for women in the Lok Sabha and the State Legislative Assemblies.
Important Articles and Terms
- Article 368: the procedure for amendment of the Constitution.
- Article 51A: Fundamental Duties; there are eleven duties after the 86th Amendment.
- Article 21A: free and compulsory elementary education for children aged 6 to 14 years.
- Article 300A: right to property as a legal right after the 44th Amendment.
- Tenth Schedule: Anti-Defection Law (52nd Amendment).
- Part IX and Part IXA: Panchayats and Municipalities.
- Basic structure: the doctrine laid down in the Kesavananda Bharati case; Parliament cannot amend the basic structure of the Constitution.
Why This Topic Matters for Exams
The Preamble and the major amendments are among the most frequently tested areas of Indian polity. ADRE, APSC, Assam Police, DHS, SSC and Railway papers ask which amendment is called the Mini-Constitution, which amendment added a word to the Preamble, which amendment removed the Right to Property, the age fixed for voting and education, and the amendment relating to GST or EWS. Remembering the amendment number with its subject is the key to scoring.
How to Prepare This Topic
- Learn the Preamble word by word and note which words were added by the 42nd Amendment.
- Prepare a table of amendment number and subject, from the 1st to the 106th Amendment.
- Remember the landmark amendments: 42nd, 44th, 52nd, 61st, 73rd, 74th, 86th, 101st, 103rd and 106th.
- Understand the difference between a Fundamental Right and a legal right with reference to the Right to Property.
- Practise the twenty-five questions on this page and revise the answers aloud.
Common Exam Traps
- The Preamble was amended only once, by the 42nd Amendment, not the 44th.
- The 42nd Amendment is the Mini-Constitution; the 44th Amendment removed the Right to Property.
- Fundamental Duties were added by the 42nd Amendment; the 11th duty was added by the 86th Amendment.
- The voting age was reduced from 21 to 18 years by the 61st Amendment, not the 44th.
- The Right to Property is now a legal right under Article 300A and is no longer a Fundamental Right.
Frequently Asked Questions
Is the Preamble a part of the Constitution?
In the Berubari Union case (1960) the Supreme Court held that the Preamble is not a part of the Constitution. However, in the Kesavananda Bharati case (1973) the Court held that the Preamble is a part of the Constitution, that it can be amended under Article 368, and that no amendment can destroy the basic structure. Today the accepted position is that the Preamble is a part of the Constitution and is used as a key to its interpretation.
Which amendment is called the Mini-Constitution and why?
The 42nd Amendment Act of 1976 is called the Mini-Constitution because it made the largest number of changes to the Constitution. It added the words Socialist, Secular and Integrity to the Preamble, added Fundamental Duties, and altered the relationship between the judiciary, the legislature and the executive. Because of its wide scope it is regarded as a constitution within the Constitution.
What was the effect of the 44th Amendment on the Right to Property?
The 44th Amendment Act of 1978 removed the Right to Property from the list of Fundamental Rights. It also removed Article 19(1)(f) and Article 31. The right was retained as a legal right under Article 300A, which says that no person shall be deprived of his property save by authority of law. Being a legal right, it can be regulated by ordinary legislation.
When did elementary education become a Fundamental Right?
Elementary education became a Fundamental Right through the 86th Amendment Act of 2002, which inserted Article 21A. It makes free and compulsory education a right for all children of the age of six to fourteen years. The same amendment added the eleventh Fundamental Duty, asking parents or guardians to provide opportunities for education to their children.
What did the 106th Amendment provide?
The 106th Constitutional Amendment Act of 2023 provided 33% reservation for women in the Lok Sabha and the State Legislative Assemblies. It is also called the Nari Shakti Vandan Adhiniyam. The reservation is to come into effect after the next census and delimitation, and it is meant to increase the participation of women in legislative bodies.