What is a preamble?
A preamble is an introduction to a document, which states the purpose of the document.
The Preamble of India is as follows:
“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.”
Preamble gives the idea about the following:
- The source of the Constitution;
- Nature of Indian State;
- A statement of its objectives; and
- The date of its adoption
Thus, on analyzing the key aspects of the Preamble, it can be divided into three parts by reference to it qualitative characteristics. The Preamble is
DECLARATORY, as to the enactment of the Preamble to the Constitution, i.e., the people of India in their Constituent Assembly adopted, enacted and gave to themselves this Constitution.
REVOLUTIONARY, in the sense of the legislative intent of the preamble, i.e., whereby the people of India solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens.
INFORMATIVE, as to the source of the Preamble to the Constitution, i.e, “WE, THE PEOPLE OF INDIA”.
Question Arises
PREAMBLE is an important part of INDIAN CONSTITUTION or NOT?
In the BERUBARI CASE of 1960
HONOURABLE SUPREME COURT had held that the preamble isn’t the part of Indian Constitution.
In the KESAVANANAD BHARTI CASE of 1973
Supreme court rejected the earlier opinion or the earlier instruction which was taken under BERUBARI UNION CASE and held that PREAMBLE is an important part of INDIAN CONSTITUTION.
It observed that the Preamble is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the PREAMBLE.
In the LIC OF INDIA Vs CONSUMER EDUCATION & RESEARCH CENTRE of 1995 also the SC again held that the preamble is an integral part of the CONSTITUTION.
In the light of keshvanand Bharti Case as well as other judgments, there are some key points about the constitution which must be remembered as far as the importance of the knowledge of PREAMBLE for every country people & for examination’s point of view is concerned.
These key things are as follows: –
- Preamble is an integral Part of the Constitution.
- Preamble Indicates basic structure of the Constitution (SR Bommai Case).
- Preamble can be amended by Parliament using its amendment powers as per article 368.
- We note here that preamble has been amended only once so far through the 42nd Constitution Amendment Act 1976.
- The words Secular, Socialist and Integrity were added to the constitution.
- Preamble enshrines the ideas and philosophy of the constitution, and NOT the narrow objectives of the governments.
- It also does NOT provide any legal framework of constitutional law.
- It neither provides any power nor imposes any duty.
- Its importance is in role to be played in interpretation of statues, also in the interpretation of provisions of the Constitution.
- Constitution should be read and interpreted in the light of grand and novel vision expressed in the preamble.
- Preamble is neither enforceable not justifiable in a court of law. This implies that courts cannot pass orders against the government in India to implement the ideas in the Preamble.
- As we know now that the PREAMBLE is neither a source of power to legislature nor a prohibition upon the powers of legislature.
Thankyou sir
welcome Paras