Preamble and Its Importance

“The preamble is the most precious part of the constitution. It is the proper yardstick with which can measure the worth of the constitution.”[1]

Introduction

The Constitution is considered to be the supreme law in India. The Preamble to an act sets out the main objectives which the legislation intended to achieve.[2] A Preamble, in general, helps in the interpretation of any statute.  The preamble gives the first taste about the intention, directions and measures behind the evolution of the Constitution. A bare reading of the Preamble explains the very purpose of vision and mission of our Constitution makers with regards to the nation’s polity.

Significance of Preamble

Before the formation of the Constitution, an “objective resolution” is pass by Nehru in 1946. Objective Resolution deals with the aims of the Assembly engaging with fostering unity, federal form of government between the states and the Centre, guarantees and safeguards justice, liberty, equality and protects the interests of the minorities. The Preamble serves three main purposes – a source of introduction of Constitution that is the citizens, an enacting clause that brings into force the Constitution and a declaration that guarantees the rights and freedoms which the people of India intend to secure to all citizens and the basic structure of the government and polity which is to be establish.[3]  The Preamble needs to be interpret constitutionally to provide justice.

Interpretation of Preamble

The words in the Preamble encompass vast meaning and cannot be narrow down to one single apprehension.

Black’s Law Legal Dictionary defines Sovereignty as the paramount and absolute power in the hands of the people. The power has been divided between the Centre and the states making India a federal state. The Centre does not administer the functions of states unless there is a proclamation to an emergency. By the 42^nd Amendment in 1976, “Socialism” and “Secular” was inserted in the Preamble.

Socialism

It was expressly brought in the Constitution to establish an egalitarian social order through the rule of law as its basic structure.[4]Socialism in the actual context is described as a more perfect and equal distribution of wealth among the citizens of India. India paved the way for both the public and private sector to co-exist, turning it into a mixed economy. The basic framework of socialism is to provide a decent standard life to the working people especially provide security from cradle to grave.[5]

Secularism

India is a land of many religions. Secular was coined in the Preamble to emphasise that people in India are free to follow and practise any religion unquestioned by law. All religions are treated equally and no religion is consider superior to the other. In S.R.Bommai v. Union of India, the Supreme Court came up with a view that Secularism is the basic feature of the Constitution.[6]

Democracy and Republic

The terms Democracy and Republic are interrelate to one another. Democracy is a concept; a political philosophy an ideal practised by many nations culturally advanced and politically matures by resorting to governance by representatives of the people elected directly or indirectly.[7] The concept of Republic is that form of government which is rule by the people by choosing their representatives. The four main objectives of the Indian state is to provide justice, liberty and equality and to promote fraternity (the spirit of brotherhood).

Preamble- Part of Constitution

There prevailing a dilemma whether the Preamble is include as a part of Constitution or not.

In Re Berubari Union case, it was held that the Preamble cannot be treated as a part of Constitution but it can be used only as a guiding principle whenever there exists an ambiguity in determining the intention behind each provision.[8]

Also in the case of Keshavananda Bharati, the thirteen judge bench held that Preamble is a part of Constitution and it can be amended under Article 368 of the Constitution subject to certain restrictions. However, the basic elements of the Preamble cannot be amend.[9]  The Supreme Court once more upheld the judgment that Preamble is an integral part of the Constitution.[10]

Conclusion

There is no Constitution without the preamble. Preamble is a nutshell of the Constitution. Unlike other countries’ Constitutions, the Preamble of the Indian Constitution is prodigious and gives a scopic perception. Thus the preamble is consider to be a sacramental instrument which bridges and forms a connectivity to interpret and analyse the contextual meaning of every statute.

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References:

[1] https://www.quora.com/What-is-the-significance-of-preamble-Is-preamble-a-part-of-the-constitution-of-India

[2] Subba Rao, C J., in L.C.Golak Nath v. State of Punjab, AIR 1967 SC 1643.

[3] Keshavananda Bharati v. State of Kerala, AIR 1973 SC 1461

[4] Air India Statutory Corporation v. United Labour Union,

[5] D.S.Nakara v. Union of India, AIR 1983 SC 130.

[6] S.R.Bommai v. Union of India, (1994) SCC 1.

[7] Mohan Lal Tripathy v. District Magistrate, Rai Bareilly, 1993 AIR 2042.

[8] AIR 1960 SC 845.

[9] Keshavananda Bharati v. State of Kerala, AIR 1973 SC 1461

[10] LIC of India v. Consumer Education and Research Centre, 1995 SCC(5)482.