⚡ Topic 05 of 5 · Chapter 02 · Quick Revision
42nd Amendment, Landmark Cases & Key Facts
How the 42nd Amendment changed the Preamble, landmark Supreme Court cases, and complete quick revision for exams.
📋 In This Article You will learnt about
1. The 42nd Constitutional Amendment, 1976
The 42nd Constitutional Amendment Act, 1976 is the most significant amendment to the Preamble. It was passed during the Emergency period under Prime Minister Indira Gandhi.
| Aspect | Details |
|---|---|
| Amendment Number | 42nd Constitutional Amendment Act |
| Year | 1976 |
| Prime Minister | Indira Gandhi |
| Period | During the Emergency (1975–1977) |
| Words Added to Preamble | Socialist, Secular, Integrity |
| Nickname | “Mini Constitution” — made the most sweeping changes |
| Other Changes | Added Fundamental Duties (Article 51A), changed “unity of the Nation” to “unity and integrity of the Nation” |
⭐ Why “Mini Constitution”? The 42nd Amendment made over 59 changes to the Constitution — the most by any single amendment. It amended the Preamble, added Fundamental Duties, changed the tenure of Parliament, and much more.
📌 Controversy: The 43rd and 44th Amendments (1977–78) under Janata Party government reversed many changes made by the 42nd Amendment, but the changes to the Preamble (Socialist, Secular, Integrity) were retained.
2. Landmark Supreme Court Cases on the Preamble
Berubari Union Case
1960
Ruling: The Supreme Court held that the Preamble is NOT a part of the Constitution. It cannot be used to interpret constitutional provisions. The Preamble was seen as a mere introduction.
Significance: This was the first major ruling on the status of the Preamble. It was later overruled.
Kesavananda Bharati v. State of Kerala
1973
Ruling: The Supreme Court (13-judge bench) overruled the Berubari case and held that the Preamble IS a part of the Constitution. The Preamble can be used to interpret ambiguous provisions. However, it is not enforceable in a court of law.
Most Important Ruling: The Court also established the Basic Structure Doctrine — Parliament can amend the Constitution but cannot destroy its basic structure. The Preamble reflects the basic structure.
Significance: This is the most important constitutional case in Indian history. The Preamble was confirmed as part of the Constitution.
LIC of India v. Consumer Education & Research Centre
1995
Ruling: The Supreme Court reaffirmed that the Preamble is an integral part of the Constitution and can be used as a guide for interpretation.
✅ Current Legal Position: The Preamble IS a part of the Constitution (Kesavananda Bharati, 1973). It CAN be amended (42nd Amendment proved this). But the basic structure of the Preamble (sovereignty, democracy, republic) CANNOT be destroyed.
3. Sources of the Preamble
| Element | Source / Inspiration |
|---|---|
| “We, the People…” | US Constitution’s Preamble |
| Justice (social, economic, political) | Russian Revolution (1917) / Soviet Constitution |
| Liberty, Equality, Fraternity | French Revolution (1789) |
| Objective Resolution | Jawaharlal Nehru (December 13, 1946) |
| Overall structure | Australian Constitution’s Preamble |
4. Important Numbers & Facts
42nd
Amendment that changed Preamble
1976
Year of 42nd Amendment
3
Words added (Socialist, Secular, Integrity)
1973
Kesavananda Bharati case
13
Judges in Kesavananda bench
1960
Berubari Union case
5. Final Revision Checklist
✅ Preamble is based on Objective Resolution (Nehru, Dec 13, 1946)
✅ Preamble is called “soul of the Constitution” — Nehru
✅ Preamble IS a part of the Constitution — Kesavananda Bharati (1973)
✅ Preamble is NOT enforceable in court
✅ Preamble CAN be amended under Article 368
✅ Words added by 42nd Amendment (1976): Socialist, Secular, Integrity
✅ 42nd Amendment = “Mini Constitution” — passed during Emergency
✅ Nature of State: Sovereign, Socialist, Secular, Democratic, Republic
✅ Objectives: Justice, Liberty, Equality, Fraternity
✅ Justice: Social, Economic, Political (inspired by Russian Revolution)
✅ Liberty: Thought, Expression, Belief, Faith, Worship
✅ Equality: Status and Opportunity
✅ Fraternity: Dignity of individual + Unity and Integrity of Nation
✅ Berubari case (1960): Preamble NOT part — overruled
✅ Kesavananda Bharati (1973): Preamble IS part + Basic Structure Doctrine
✅ Preamble is called “soul of the Constitution” — Nehru
✅ Preamble IS a part of the Constitution — Kesavananda Bharati (1973)
✅ Preamble is NOT enforceable in court
✅ Preamble CAN be amended under Article 368
✅ Words added by 42nd Amendment (1976): Socialist, Secular, Integrity
✅ 42nd Amendment = “Mini Constitution” — passed during Emergency
✅ Nature of State: Sovereign, Socialist, Secular, Democratic, Republic
✅ Objectives: Justice, Liberty, Equality, Fraternity
✅ Justice: Social, Economic, Political (inspired by Russian Revolution)
✅ Liberty: Thought, Expression, Belief, Faith, Worship
✅ Equality: Status and Opportunity
✅ Fraternity: Dignity of individual + Unity and Integrity of Nation
✅ Berubari case (1960): Preamble NOT part — overruled
✅ Kesavananda Bharati (1973): Preamble IS part + Basic Structure Doctrine
6. Key Points for Exam
🔑 Must-Remember Facts
- 42nd Amendment (1976) added: Socialist, Secular, Integrity
- 42nd Amendment called “Mini Constitution”
- Passed during Emergency under Indira Gandhi
- Berubari case (1960): Preamble NOT part of Constitution
- Kesavananda Bharati (1973): Preamble IS part of Constitution
- Kesavananda Bharati bench had 13 judges
- Kesavananda Bharati established Basic Structure Doctrine
- Preamble is NOT enforceable in court
- Preamble CAN be amended but basic structure cannot be destroyed
- “We, the People” borrowed from US Constitution
- Justice inspired by Russian Revolution
- Liberty, Equality, Fraternity inspired by French Revolution