Discuss whether the Preamble is part of the Constitution and how far it can be amended, with reference to key judicial pronouncements.

The Preamble draws on the Objectives Resolution (1946). It states the source of the Constitution's authority ("We, the People"), the nature of the State and its goals. Courts have settled two questions about it: whether it is part of the Constitution, and how far Parliament can change it. It has been amended only once, by the 42nd Amendment (1976), which inserted "Socialist", "Secular" and "Integrity" [1].

Is the Preamble part of the Constitution?

• Berubari Union (1960): the Court called the Preamble the "key to open the mind of the makers" but held it is not part of the Constitution.
• Kesavananda Bharati (1973): this reversed Berubari. The Preamble is part of the Constitution and reflects its basic features [1].
• LIC of India (1995): the Court reaffirmed that the Preamble is part of the Constitution.
• Limits of that status: it is non-justiciable. It is neither a source of power nor a limit on power. Courts use it as an aid to interpretation where the text is unclear.

How far can it be amended?

• Power exists: being part of the Constitution, the Preamble can be amended under Art. 368, but its basic structure cannot be destroyed (Kesavananda).
• The one amendment: Law Minister H. R. Gokhale read out the expanded Preamble in the Rajya Sabha on 11 November 1976 [2].
• Balram Singh v. Union of India (2024): the Court dismissed the challenge to the 1976 words. Parliament's Art. 368 power covers the Preamble, and the 1949 adoption date does not restrict it. The petitions had also come 44 years after the amendment [1].
• Limits on change: relying on Kesavananda and S. R. Bommai, the Court held secularism is a basic feature [1]. Arts. 14–16 and 25–30 carry it, so dropping the word would not remove the principle. "Socialist" was read as a commitment to welfare that still allows private enterprise [1].
• Legitimacy concern: the words were added during the Emergency, when the Lok Sabha's term had been extended. However, the freely elected Janata Parliament kept them in the 44th Amendment, which gives them political approval as well as legal validity.

The courts' position has moved from "not part" (Berubari) to "part, amendable within the basic structure" (Kesavananda), and Balram Singh reaffirmed it. Parliament can change the Preamble's words but not its core principles. Using it as a guide to interpretation, rather than a matter for political contest, would keep justice, secularism and fraternity at the centre of the constitutional order.