Full Text of the Preamble

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Keywords Explained

Sovereign

India is neither dependent on nor a dominion of any other nation. It has full power to conduct its own affairs — both internal and external. India's membership of the Commonwealth or the United Nations does not limit its sovereignty. Sovereignty has two dimensions: external (no foreign authority above India) and internal (the people are the ultimate source of all governmental authority). The concept of popular sovereignty — authority flowing from the people upward — distinguishes India from theocratic or monarchical states.

Socialist

Added by the 42nd Amendment Act, 1976. India follows a "democratic socialism" model — a mixed economy where both public and private sectors coexist, with the state working to reduce inequality. Unlike the Soviet model, Indian socialism permits private property and enterprise.

Secular

Also added by the 42nd Amendment, 1976. India has no official state religion. The state treats all religions equally and does not favour or discriminate against any religion. Articles 25–28 guarantee freedom of religion to all persons.

Democratic

India derives its authority from the will of the people. Democracy in India is not just political (elections, representative government) but also social and economic — aiming to ensure equality and dignity for all. The Preamble envisages both representative democracy (Parliament, state legislatures) and participatory democracy (Panchayati Raj, local self-governance introduced via the 73rd and 74th Amendments).

Republic

The head of state (President) is elected, not hereditary. This distinguishes India from constitutional monarchies like the UK. Every citizen is eligible for the highest office. The republican character also means there are no privileged classes — Article 18 abolishes titles (except military and academic distinctions).

Four Objectives of the Preamble

Objective Scope
Justice Social (abolishing caste/gender discrimination), Economic (reducing wealth inequality), Political (equal political rights — one person, one vote)
Liberty Of thought, expression, belief, faith and worship — guaranteed through Fundamental Rights
Equality Of status (no titles except military/academic — Article 18) and of opportunity (Articles 15, 16)
Fraternity Assuring dignity of the individual and unity & integrity of the nation

Origin: The Objective Resolution

The Preamble is based on the Objective Resolution moved by Jawaharlal Nehru on 13 December 1946 in the Constituent Assembly. After extensive debate (16–19 December 1946, resumed 21 January 1947), it was adopted on 22 January 1947 with all members standing.

The Resolution declared India's resolve to be a sovereign, independent republic securing justice, equality, and freedom for all citizens. It also guaranteed adequate safeguards for minorities, backward and tribal areas, and depressed classes. It became the philosophical blueprint for the Preamble and, through it, the entire Constitution.

Key difference between the Objective Resolution and the final Preamble: The Resolution referred to India as a "Sovereign Independent Republic" — the word "Independent" was dropped in the final Preamble since sovereignty itself implies independence. The Resolution also explicitly mentioned safeguards for minorities and backward classes, which found expression in Fundamental Rights (Articles 29–30) and DPSPs (Article 46) rather than in the Preamble text.

Exam Tip: UPSC often asks "Who moved the Objective Resolution?" (Nehru) and "Who chaired the Drafting Committee?" (Ambedkar). Don't confuse the two — Nehru set the philosophy, Ambedkar drafted the legal text. The Preamble was the last item adopted by the Constituent Assembly (after all other provisions were finalised).

B.N. Rau — The Forgotten Architect

Sir Benegal Narsing Rau was appointed Constitutional Adviser to the Constituent Assembly in 1946. He prepared the initial rough draft of the Constitution — starting work in September 1947 and producing a blueprint in about a month — which the Drafting Committee then refined. On the Preamble specifically, Rau shaped its language; he explained that "the reason for putting the dignity of the individual first was that unless the dignity of the individual is assured, the nation cannot be united." Ambedkar acknowledged Rau's contribution in his concluding speech on 25 November 1949.

Constituent Assembly Debate on the Preamble (17 October 1949)

The Preamble was debated on 17 October 1949 — after the second reading of all other articles was complete — and adopted as part of the full Constitution on 26 November 1949.

Member Position Taken
Prof. K.T. Shah Moved amendment to add "Secular, Federal, and Socialist" to the Preamble — rejected at the time (these words were added only via the 42nd Amendment in 1976)
Maulana Hasrat Mohani Moved to replace "Sovereign Democratic Republic" with "Sovereign Federal Republic" — rejected
Brajeshwar Prasad Had eight proposed amendments; remarked that "secular" had not found a place in the Constitution
Deshbandhu Gupta Pointed out inconsistencies in Mohani's proposed changes

The "God" Debate: H.V. Kamath moved an amendment to add "In the name of God" before "We, the people of India." It was supported by Shibban Lal Saksena and Pandit Govind Malaviya, and opposed by Purnima Banerji (who appealed to Kamath "not to put us to the embarrassment of having to vote upon God"). Dr. Rajendra Prasad (presiding) advised Kamath not to press it. The amendment was negatived 68 to 41. Kamath remarked it was "a black day in the annals of India."

Common Mistake: Many aspirants assume "Socialist" and "Secular" were deliberately omitted by the founders. In reality, K.T. Shah specifically proposed these words in the Constituent Assembly, but they were rejected — Ambedkar argued the economic/social policy should be left to future governments. The 42nd Amendment (1976) later added them during the Emergency.

How Eminent Jurists Describe the Preamble

Person Description
Pandit Thakur Das Bhargava "The soul of the Constitution… a key to the Constitution… a jewel set in the Constitution"
N.A. Palkhivala "The identity card of the Constitution" — his books We, the People and Our Constitution Defaced and Defiled (critiquing the 42nd Amendment) are essential reading
Sir Ernest Barker "The key-note to the Constitution"
K.M. Munshi "The horoscope of our sovereign democratic republic"

"We, the People" — The Popular Sovereignty Question

The phrase "We, the people of India" asserts popular sovereignty — the Constitution derives authority from the people, not from any monarch or external power. However, a frequently raised critique is that the Constituent Assembly was not directly elected by universal adult suffrage — its members were elected by provincial assemblies under the restricted franchise of the 1935 Act (roughly 28% of the adult population).

How this is reconciled: The Constituent Assembly was the most representative body feasible at the time (before universal suffrage existed in India). The Constitution's subsequent adoption by "the people" is validated by its continuous acceptance — every election held under it reaffirms popular consent. The phrase is thus both aspirational and retroactively legitimised by democratic practice since 1950.

Philosophical Basis

  • "We, the people of India" — Popular sovereignty; the Constitution derives authority from the people, not from any external power or monarch
  • "Give to ourselves" — Self-enacted; the Constituent Assembly acted as the representative body of the people
  • "26th November 1949" — Date of adoption; the Constitution came into effect on 26 January 1950 (chosen to honour the 1930 Purna Swaraj declaration at the Lahore Session of the INC)
  • "Adopt, Enact and Give to Ourselves" — These three verbs are deliberate: "adopt" signifies acceptance, "enact" gives legal force, and "give to ourselves" asserts that the Constitution is self-given, not imposed by any colonial or external power. This triple formulation distinguishes the Indian Constitution from the Government of India Act, 1935, which was enacted by the British Parliament
  • "In our Constituent Assembly" — Establishes that the Constitution was framed by a representative body. The Assembly took 2 years, 11 months, and 18 days (9 December 1946 to 26 November 1949), held 11 sessions totalling 165 days, and debated every clause before adoption

Influences on the Preamble

Ideal Influenced By
Justice, Liberty, Equality, Fraternity French Revolution (1789) — "Liberté, Égalité, Fraternité"
"We, the people" American Constitution (1787)
Social, economic and political justice Russian Revolution (1917) — emphasis on economic democracy and the elimination of class-based exploitation
Democratic Republic Irish Constitution (1937) — also influenced DPSPs

Common Mistake: Aspirants often write "Sovereign Socialist Secular Democratic Republic" as the original Preamble text. The original (1949) said only "Sovereign Democratic Republic." The words Socialist, Secular, and Integrity were added by the 42nd Amendment in 1976. UPSC has tested this directly (CSE 2021).

Mnemonic: Remember the four Preamble objectives as J-L-E-F — Justice, Liberty, Equality, Fraternity. This is also the order in which they appear in the text.

Is the Preamble Part of the Constitution?

This is one of the most frequently tested constitutional questions. The Supreme Court's position has evolved through three landmark cases.

Berubari Union Case (1960) — "Not a Part"

The case arose from a Presidential Reference under Article 143(1) — the President sought the Supreme Court's advisory opinion on the constitutionality of the Nehru-Noon Agreement (1958), which proposed dividing the Berubari Union No. 12 (a territory in West Bengal awarded to India under the Radcliffe Award) between India and Pakistan. Pakistan had disputed the award since 1952.

The Supreme Court, in its advisory opinion delivered on 14 March 1960, held that the Preamble is not a part of the Constitution. It described the Preamble as "a key to open the mind of the makers" but not a source of substantive power or enforceable rights. On the territorial question, the Court ruled that ceding Indian territory required a constitutional amendment under Article 368, not mere parliamentary legislation — leading to the 9th Constitutional Amendment Act (1960).

Kesavananda Bharati v. State of Kerala (1973) — "Part of the Constitution"

The largest-ever Constitution Bench of 13 judges heard the case over 68 working days (arguments from 31 October 1972 to 23 March 1973). The judgment, delivered on 24 April 1973, runs to approximately 700 pages. In a historic 7–6 majority, the Court:

  • Overruled the Berubari position — held that the Preamble is a part of the Constitution
  • Established the Basic Structure Doctrine — Parliament can amend any provision under Article 368, but cannot destroy or alter the Constitution's basic structure
  • Held that the Preamble's ideals (sovereignty, democracy, republic, secularism, federalism) form part of the basic structure

The Chief Justice at the time was S.M. Sikri. Justice H.R. Khanna's opinion — that fundamental rights are not part of the basic structure but other features are — became the decisive swing view in the 7–6 split.

Later Reaffirmations

Case Year Ruling
S.R. Bommai v. Union of India 1994 9-judge bench; held secularism is part of the basic structure. Key observation: "The Constitution does not recognize, it does not permit, mixing religion and State power." Secularism defined as "benevolent neutrality" — more than passive tolerance. Citation: (1994) 3 SCC 1
LIC of India v. Consumer Education & Research Centre 1995 Reaffirmed that the Preamble is an integral part of the Constitution. Described the Preamble as "the arch of the Constitution" that assures socio-economic justice. Held that state policies must conform to the Preamble's objectives — arbitrary classifications violating Preamble ideals offend Article 14
Preamble challenge dismissed 2024 On 25 November 2024, a bench of CJI Sanjiv Khanna and Justice PV Sanjay Kumar dismissed petitions (by Subramanian Swamy, Ashwini Upadhyay, and Balram Singh) seeking removal of "socialist" and "secular" from the Preamble — held these are integral to the basic structure

Warning: Many sources incorrectly cite "Subramanian Swamy v. UOI (2016)" as the Preamble challenge case. The 2016 case ((2016) 7 SCC 221, decided 13 May 2016) was about criminal defamation (Sections 499–500 IPC), not the Preamble. The actual Preamble challenge was dismissed on 25 November 2024. Do not confuse these in your answers.

Can the Preamble Be Amended?

Yes, under Article 368 — as held in the Kesavananda Bharati case (1973). However, the basic structure reflected in the Preamble (sovereignty, democracy, republic, secularism, etc.) cannot be destroyed.

In practical terms, this means Parliament can add to the Preamble (as the 42nd Amendment did) but cannot remove its core ideals. The 2024 dismissal of petitions to remove "socialist" and "secular" confirmed that even words added later become part of the basic structure through prolonged constitutional acceptance.

The Preamble has been amended once — by the 42nd Amendment Act, 1976 (enacted during the Emergency period, 25 June 1975 – 21 March 1977) — which added three words:

  1. Socialist — signalling the state's commitment to reducing inequality through a mixed economy model
  2. Secular — reaffirming equal respect for all religions and state neutrality in religious matters
  3. Integrity (changed "unity of the Nation" to "unity and integrity of the Nation") — emphasising territorial wholeness alongside national unity

The 42nd Amendment is nicknamed the "Mini-Constitution" due to its sweeping scope — it amended not just the Preamble but also Fundamental Rights, DPSPs, and the judiciary's powers. It was passed by the Congress government of Indira Gandhi with a two-thirds majority in both Houses (the Opposition was largely in prison during the Emergency). Despite the controversial circumstances, the Supreme Court has consistently upheld the Preamble changes as valid — most recently dismissing removal petitions in November 2024.

Preamble vs. Fundamental Rights vs. DPSP

Feature Preamble Fundamental Rights (Part III) DPSP (Part IV)
Nature Philosophy & objectives Justiciable rights Non-justiciable guidelines
Enforceable? Not directly Yes, via Article 32 No, but fundamental in governance
Amendable? Yes (basic structure protected) Yes (basic structure protected) Yes
Source of power? No (Berubari reaffirmed) Yes No

Comparison with Other Countries' Preambles

Country Key Feature How India Differs
USA (1787) "We the People of the United States…" — 52 words, 6 objectives (Justice, Tranquility, Defence, Welfare, Liberty). Never amended. India's Preamble is longer, more detailed, includes social and economic justice, and has been amended (42nd Amendment). The "We, the people" phrase is directly borrowed from the US.
France (1958) References the 1789 Declaration of Rights of Man. "Liberté, Égalité, Fraternité" appears in Article 2 as the national motto (constitutional status since 1848). India's Justice–Liberty–Equality–Fraternity ideals are influenced by the French Revolution, but India adds "social, economic and political" dimensions to justice — going beyond the French formulation.
South Africa (1996) "We, the people of South Africa…" — explicitly acknowledges past injustices and honours those who suffered for freedom. Ends with a multilingual prayer. Most comparable to India's Preamble in emphasis on social justice and equality. India's Preamble does not explicitly acknowledge colonial injustice, though this is implicit in the "give to ourselves" phrase.
Japan (1947) Emphasises pacifism — "We… resolved that never again shall we be visited with the horrors of war." Article 9 renounces war. India's Preamble does not mention peace or war. India has no equivalent of Japan's pacifist clause.
Australia (1901) "The people of [the states]… have agreed to unite in one indissoluble Federal Commonwealth under the Crown." Refers to God ("humbly relying on the blessing of Almighty God"). India rejected both monarchy and religious invocation. H.V. Kamath's amendment to add "In the name of God" was defeated 68–41 in the Constituent Assembly. India chose popular sovereignty over divine sanction.

Exam Tip: For GS2 Mains, if asked to compare India's Preamble with other nations, highlight that India uniquely combines social-economic justice (influenced by the Russian Revolution) with political liberties (influenced by the American and French traditions) — a synthesis not found in any single Western preamble.

Key Comparative Takeaways

  • Amendability: The US Preamble has never been amended in over 230 years. India's was amended within 27 years (42nd Amendment, 1976). This reflects different constitutional philosophies — the US treats its Preamble as sacrosanct text, while India views it as a living document within basic structure limits.
  • Length and detail: The US Preamble is 52 words with 6 broad objectives. India's Preamble is considerably longer and specifies the type of justice (social, economic, political), liberty (thought, expression, belief, faith, worship), and equality (status, opportunity) — far more granular than any other major constitution's preamble.
  • Religious reference: Several constitutions (Australia, Ireland, Canada's Charter) invoke God. India's Constituent Assembly explicitly voted down H.V. Kamath's "In the name of God" amendment (68–41), making a conscious choice for a secular preamble.

Important for UPSC

Prelims Focus

  • Exact text and keywords of the Preamble
  • 42nd Amendment additions (Socialist, Secular, Integrity)
  • Berubari (1960) vs. Kesavananda (1973) — which said what
  • LIC of India case (1995) — reaffirmed Preamble as integral part; called it "the arch of the Constitution"
  • Preamble adopted on 26 Nov 1949, Constitution effective 26 Jan 1950
  • Objective Resolution: moved by Nehru on 13 December 1946, adopted 22 January 1947
  • Kesavananda bench: 13 judges, 7–6 verdict, judgment delivered 24 April 1973
  • The Preamble is neither a source of power nor a source of limitations — it is an aid to interpretation

Mains GS-2 Dimensions

  • Preamble as the "identity card" of the Constitution — Thakurdas Bhargava called it the "soul of the Constitution"
  • "Secular" — integral or political? The 42nd Amendment added it during Emergency (1976). Argue both sides: (a) merely made explicit what was implicit in Articles 25–28, (b) imposed by executive fiat without referendum. The Supreme Court in S.R. Bommai (1994) held secularism is part of the basic structure — defined it as "benevolent neutrality," not mere tolerance
  • Can Parliament remove "socialist" or "secular"? No — both are now part of the basic structure. The SC dismissed petitions to remove these words on 25 November 2024 (CJI Sanjiv Khanna bench), holding they are integral to the basic structure after 48 years of acceptance
  • K.T. Shah's rejected amendment (1949) — He proposed adding "Secular, Federal, Socialist" to the Preamble in the Constituent Assembly itself; Ambedkar opposed, arguing economic/social policy should be left to future governments. The 42nd Amendment vindicated Shah's proposal 27 years later
  • Preamble vs ground reality — test each objective against data: Justice (undertrial crisis, legal aid gaps), Liberty (sedition debates, internet shutdowns), Equality (caste/gender disparities), Fraternity (communal polarisation)
  • The Berubari–Kesavananda evolution — trace how the SC's understanding of the Preamble deepened over 13 years: from a mere interpretive key (1960) to a substantive part of the Constitution (1973) to "the arch" upholding constitutional values (LIC, 1995). This trajectory illustrates the living Constitution doctrine
  • Objective Resolution vs final Preamble — the Resolution used "Independent Sovereign Republic" (dropped "Independent" as redundant) and explicitly mentioned safeguards for minorities and backward classes (these moved to Parts III and IV). This shows deliberate drafting choices — the Preamble was designed to state philosophy, not enumerate specific protections

Interview Angles

  • "Is the Preamble enforceable in court?" — No direct enforcement, but it guides interpretation (Union of India v. Madan Gopal, 1954). The LIC case (1995) went further — holding that state policies must conform to the Preamble, effectively giving it indirect enforceability through Article 14
  • "Should 'socialist' and 'secular' be removed since they were not original?" — Frame answer around basic structure + original implicit intent. Note that K.T. Shah proposed these exact words in 1949 — the Constituent Assembly considered and rejected them, but the underlying ideals were already present in Articles 14–16 (equality), 25–28 (religious freedom), and DPSPs (Article 38, 39)
  • "How does the Preamble guide interpretation of Fundamental Rights?" — Courts use it as an interpretive lens when two rights conflict. In Kesavananda, the Court held that "amendment" in Article 368 must be read within "the broad contours of the Preamble" — meaning any amendment must serve, not subvert, Preamble objectives
  • "If you had to rewrite the Preamble today, what would you add?" — Think: digital rights, environmental sustainability, gender justice, right to privacy (Puttaswamy, 2017)
  • "Why is India's Preamble unique among world constitutions?" — It uniquely synthesises political liberty (Anglo-American tradition), social-economic justice (socialist thought), and fraternity (French ideal) into a single framework — no other national preamble achieves this combination


Current Affairs Connect

Link these static concepts with live developments:

Topic Where to Follow Why It Matters
Constitutional amendments Ujiyari — Polity News Any new amendment invokes Preamble values as a test
Supreme Court on Basic Structure Ujiyari — Editorials Preamble debates surface in every major SC judgment
Secularism & communal harmony debates Ujiyari — Daily Updates Preamble's "secular" and "socialist" frequently tested in current context

Exam tip: Whenever a current affairs question asks about Constitutional values, link it back to the Preamble. Read Ujiyari daily coverage to find real-time examples for your answers.

Quick Revision: Timeline of the Preamble

Year Event
13 Dec 1946 Nehru moves the Objective Resolution in the Constituent Assembly
22 Jan 1947 Objective Resolution adopted unanimously
17 Oct 1949 Preamble debated (after all other articles finalised)
26 Nov 1949 Preamble adopted as part of the Constitution
26 Jan 1950 Constitution comes into effect
14 Mar 1960 Berubari Union case — Preamble held "not a part" of the Constitution
24 Apr 1973 Kesavananda Bharati — Preamble "is a part"; basic structure doctrine established (7–6)
1976 42nd Amendment adds Socialist, Secular, Integrity
1994 S.R. Bommai — secularism is part of basic structure
1995 LIC of India case — Preamble reaffirmed as integral part
25 Nov 2024 SC dismisses petitions to remove "socialist" and "secular"

Vocabulary

Sovereign

  • Pronunciation: /ˈsɒv.ɹɪn/ (British), /ˈsɑv.ɚn/ (American)
  • Definition: Possessing supreme and independent political authority, free from external control or interference.
  • Origin: From Old French soverain, derived from Vulgar Latin superānus (from Latin super, meaning "above"); the spelling was later influenced by folk-etymological association with "reign."

Secular

  • Pronunciation: /ˈsɛk.jʊ.lə/ (British), /ˈsɛk.jə.lɚ/ (American)
  • Definition: Not connected with or controlled by any religion; in the Indian constitutional context, it means the state treats all religions with equal respect and maintains neutrality.
  • Origin: From Latin saeculāris ("worldly, of an age"), derived from saeculum ("age, span of time, generation"); entered English via Old French seculer around the 13th century.

Republic

  • Pronunciation: /rɪˈpʌb.lɪk/
  • Definition: A form of government in which sovereignty rests with the people and their elected representatives, and the head of state is elected rather than hereditary.
  • Origin: From Latin rēs pūblica (literally "the public thing" or "public affair"), through Middle French republique; the Latin term was itself a translation of the Greek politeia, popularised by Cicero.

Key Terms

Basic Structure Doctrine

  • Pronunciation: /ˈbeɪ.sɪk ˈstrʌk.tʃə ˈdɒk.trɪn/
  • Definition: A constitutional doctrine holding that Parliament's amending power under Article 368 does not extend to altering the "basic structure" of the Constitution. The doctrine has no fixed or exhaustive list — the Supreme Court identifies basic features case by case, including supremacy of the Constitution, republican and democratic form of government, secularism, separation of powers, federal character, unity and sovereignty of India, judicial review, rule of law, free and fair elections, independence of the judiciary, and harmony between Fundamental Rights and Directive Principles.
  • Context: Established in Kesavananda Bharati v. State of Kerala (1973) by a 13-judge bench — the largest Constitutional Bench in Indian judicial history — in a 7-6 majority verdict delivered on 24 April 1973 after 68 days of hearings (31 October 1972 to 23 March 1973). Chief Justice S.M. Sikri presided; Justice H.R. Khanna's opinion became the decisive swing view. The doctrine evolved through a chain of cases: Shankari Prasad (1951) and Sajjan Singh (1965) upheld unlimited amending power; Golaknath (1967, 11-judge bench, 6:5) froze Parliament's power to amend Fundamental Rights; Kesavananda (1973) overruled Golaknath and drew a nuanced line — Parliament can amend any Article but cannot destroy the Constitution's essential features. This was reaffirmed in Minerva Mills (1980, struck down Section 4 of the 42nd Amendment), Waman Rao (1981), and I.R. Coelho (2007, 9th Schedule laws reviewable if they violate basic structure).
  • UPSC Relevance: GS2 Polity — Prelims: which case established it (Kesavananda Bharati, 1973), bench size (13 judges), verdict (7-6), judgment date (24 April 1973), key elements of basic structure (frequently asked as match-the-following), the word "basic structure" does not appear anywhere in the Constitution; Mains: "Critically examine the role of the Basic Structure Doctrine in protecting constitutional values" is a recurring theme — trace the evolution from Shankari Prasad (1951) to Kesavananda (1973) to Minerva Mills (1980) to I.R. Coelho (2007). Also appears in GS4 Ethics as an example of judicial courage and institutional integrity.

Judicial Review

  • Pronunciation: /dʒuːˈdɪʃ.əl rɪˈvjuː/
  • Definition: The power of the judiciary to examine the constitutional validity of legislative enactments and executive orders, and to declare void those found to be inconsistent with or in violation of the Constitution. In India, this power is both expressly provided (Article 13 declares laws violating Fundamental Rights void) and implicitly woven through Articles 32, 131-136, 143, 226, 227, 245, and 246 — covering Union and state laws as well as executive actions.
  • Context: The doctrine originates from the American case Marbury v. Madison (1803), where Chief Justice John Marshall established that courts have the authority to strike down unconstitutional laws. In India, judicial review was embedded from the outset through Article 13 (pre-Constitution and post-Constitution laws violating FRs are void) and Articles 32 and 226 (writ jurisdiction of SC and HCs). The Supreme Court in L. Chandra Kumar v. Union of India (1997), a 7-judge bench, held that judicial review under Articles 32 and 226 is an integral and essential feature of the basic structure of the Constitution — it cannot be ousted even by tribunals established under Articles 323A and 323B. Unlike the US model (where judicial review is entirely judge-made), India's model is partly textual (Article 13) and partly judge-evolved (basic structure doctrine).
  • UPSC Relevance: GS2 Polity — Prelims: Articles enabling judicial review (13, 32, 226), Marbury v. Madison (1803) origin, L. Chandra Kumar case (1997, 7-judge bench — judicial review under Articles 32 and 226 is basic structure), difference between judicial review in India (both textual and judge-made) and the US (purely judge-made); Mains: is judicial review a basic structure element (yes, per L. Chandra Kumar), tension between judicial activism and parliamentary sovereignty, judicial overreach vs executive vacuum, should courts review the "wisdom" of a law or only its constitutionality.

Sources: Constitution of India — legislative.gov.in, National Portal of India, Kesavananda Bharati judgment — SCI, Constituent Assembly Debates — Rajya Sabha, Berubari Union case — Indian Kanoon, LIC v. CERC — Indian Kanoon, Australian Constitution Preamble — AustLII