Introduction

After the attainment of independence the people of India were looking for a government of their
own to fulfill the aspirations they had cherished during the freedom struggle. As the leaders had
promised that after the independence India will have a government based on the ideas of
democracy and justice, it was hence, necessary to give a proper shape to these ideas and ideals 1.
These were enshrined by the Constituent Assembly in the Constitution of India.

The Constitution is the documentation of the founding faiths of a nation and the fundamental
directions for their fulfillment. So much so, an organic, not pedantic, approach to interpretation,
must guide the judicial process. The healing art of harmonious construction, not the tempting
game of hair-splitting promoters the rhythm of the rule of law.2

Objective of Study:

In this project report there is brief introduction to the meaning of preamble, history of the
preamble and object and scope of the Preamble. We have discussed the controversial issues like
is preamble part of constitution or not? Project also covers the judicial interpretation of content
of preamble and various amendments to constitution. There is detail study of interpretational
value of preamble i.e. role of preamble in interpretation of statutes. We have also compared the
preamble of Indian Constitution to preamble of constitution of USA and Canada. Project report
also contains the importance of preamble.

Research Methodology used-

The research methodology undertaken in this project is Analytical method of research and
Comparative research in analytical research there is depth study and evaluation of available
information in an attempt to explain phenomena. There is analysis of judicial interpretation of

1 Making of the Constitution: The Preamble and Political Philosophy, URL:

http://nos.org317courseEL4%20THE%20PREAMBLE%20AND%20POLITICAL
%20PHILOSOPHY.pdf

2 Fatehchand v. State of Maharashtra , AIR 1977 SC 1825 at 1827 : 1977 (2) SCR 828 : (1977) 2 SCC
670.
Preamble and various controversial issues related to Preamble. There is also comparative study
of preamble of Indian Constitution to preamble of constitution of USA and Canada.

Meaning of Preamble

Preamble means a preliminary or introductory statement, especially attached to a statute or

constitution setting forth its purpose.3 Preamble is introductory part of the Constitution. The
constitution of India opens with Preamble. The Preamble to a constitution is expected to embody
the fundamental value and the philosophy on which the constitution is based and the aims and
objectives which the founding fathers enjoined the polity to strive to achieve. Therefore, it is also
regarded as the key to open the mind of the makers of the Constitution which may show the
general purposes for which they made several provisions in the Constitution. 4 For these reasons
the Preamble is also a legitimate aid in the interpretation of the provisions of the Constitution. It
expresses what we thought or dreamt for so long 5. It can be said that the constitution embodies
a solemn form of all the ideas and aspirations for which the country had struggled during the
British regime.6 In simple words the Preamble serves as an introduction to the Constitution and
highlights in brief the basic ideas for which the constitution stands and what the frames of the
Constitution sought out to achieve for the citizens of India.

The Preamble of the Constitution:

The Preamble reads:

3 Oxford Dictionary of Law, Oxford university Press, New York, p.416

4 Berubari Union and Exchange of Enclaves, Re , AIR 1960 SC 845, 856: (1960) 3 SCR 250.

5 Sir Alladi Krishnaswami- Constituent Assembly Debates. Vol. 10, 417.

6 KeshvanandaBharti v. State of Kerala , AIR 1973 SC 1461

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR7 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]8 of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY

ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Object and Scope of Preamble:

Unlike the constitution of Australia, Canada or the USA, the Constitution of India has an
elaborate Preamble. The purpose of Preamble is to clarify who has made the Constitution, what
is its source, what are ultimate sanctions behind it; what is the nature of the polity which is
sought to be established by the constitution and what are its goals and objectives?

The Preamble does not grant any power but it gives a direction and purpose to the Constitution.
It outlines the objectives of the whole Constitution. The Preamble contains the fundamentals of
the constitution. The preamble to an Act sets out the main objectives which the legislation is
intended to achieve.9

Preamble states the objects which our constitution seeks to establish and promote and also aids
the legal interpretation of the constitution where language is found ambiguous. 10 For a proper

7 Inserted by the Constitution (42nd amendment) Act, 1976

8 Ibid

9 Subba Rao. C.J., in I.C. GolakNath v. State of Punjab, AIR 1967 SC 1643

10 Re Berubari Union, AIR 1960 SC 845.

appreciation of aims and aspirations embodied in our constitution, therefore, we must turn to the
various expressions contained in the Preamble. Combining the ideals of political, social and
economic democracy with that of equality and fraternity, the Preamble seeks to establish what
Mahatma Gandhi described as The India of my Dreams11, namely

An India, in which the poorest shall feel that it is their country in

whose making an effective voice? an India in which all

communities shall live in perfect harmony.

The Preamble to our Constitution serves several purposes:

a) It contains the enacting clause which brings the Constitution into force.

b) It declares the great rights and freedoms which people of India intended to secure to all its
citizens.

c) It declares the basic type of government and polity which is sought to be established in the
country.

d) It indicates the source from which our Constitution derives its authority.

Preamble indicates ultimate source for the validity of and the sanction behind the constitution is
will of the people. Thus the source of the Constitution are the people themselves from whom the
Constitution derives its ultimate sanction. This assertion affirms the Republican and Democratic
character of the Indian polity and Sovereignty of the people. The People of India thus constitute
the sovereign political body who hold the ultimate power and who conduct the government of
their elected representatives. As regard the nature of the Indian Polity, the Preamble to the
Constitution declares India to be Sovereign Secular Democratic Republic. As to the grants
objectives and socio-economic goals to achieve which the Indian Polity has been established,
these are stated in the Preamble. These are: social, economic and political Justice, Liberty of
thought, expression, belief, faith and worship; Equality of status and of opportunity; and to

11 Retrieved from http://www.mkgandhi.org/momgandhi/chap64.htm on 10 Septemberr 2016 at 12:32

pm
promote among them all Fraternity assuring the dignity of the individual and the unity and
integrity of the Nation.

Is it part of our Constitution or not?

It has been highly a matter of arguments and discussions in past that whether Preamble should be
treated as a part of constitution or not, that means whether or not a citizen of a nation to which he
is subject to can challenge in the court of law if in case his rights have been infringed which were
mentioned in the Preamble. And if not, then whether the Preamble is merely a preface or
introduction piece of page in the book of our Constitution. And also whether the Preamble is a
part of the Constitution would depend upon the resolution of the next question, which follows as
a corollary- whether the Preamble can be amended, if at all.

The vexed question whether the Preamble is a part of the Constitution or not was dealt with in
two leading cases on the subject:

1. Beruberi Case12

2. Kesavananda Bharati case13

Beruberi case was the Presidential Reference under Article 143(1) of the Constitution of India
on the implementation of the Indo-Pakistan Agreement Relating to Beruberi Union and
Exchange of Enclaves which came up for consideration by a bench consisting of eight judges
headed by the Chief Justice B.P. Singh. Justice Gajendragadkar delivered the unanimous opinion
of the Court. The court ruled out that the Preamble to the Constitution, containing the declaration
made by the people of India in exercise of their sovereign will, no doubt is a key to open the
mind of the makers which may show the general purposes for which they made the several
provisions in the Constitution but nevertheless the Preamble is not a part of the Constitution.14

12 In Re: Beruberi Union (I), (1960) 3 SCR 250

13 (1973) 4 SCC 225

14 Retrieved from http://www.legalserviceindia.com/article/l26-PREAMBLE-A-PART-OF-THE

CONSTITUTION-OR-NOT.html
Kesavananda Bharati15case has created history. For the first time, a bench of 13 judges assembled
and sat in its original jurisdiction hearing the writ petition. Thirteen judges placed on record 11
separate opinions. To the extent necessary for the purpose of the Preamble, it can be safely
concluded that the majority in Kesavanada Bharati case leans in favor of holding,

(i) That the Preamble to the Constitution of India is a apart of Constitution;

(ii) That the Preamble is not a source of power or a source of limitations or prohibitions;

(iii) the Preamble has a significant role to play in the interpretation of statutes, also in the
interpretation of provisions of the Constitution.

Kesavanada Bharati case is a milestone and also a turning point in the constitutional history of
India. D.G. Palekar, J. held that the Preamble is a part of the Constitution and, therefore, is
amendable under Article 368. He termed submission that the Fundamental Rights are an
elaboration of the Preamble, as an overstatement and half- truth. Undoubtedly, the Constitution
is intended to be a vehicle by which the goals set out are hoped to be reached.

It can be concluded that Preamble is introductory part of our Constitution. Preamble is based on
the Objective Resolution of Nehru. Preamble tells about the nature of state and objects that India
has to achieve. There was a controversial issue whether Preamble was part of Indian Constitution
there were number of judicial interpretation but finally Kesavanada Bharati case it was held that
the Preamble is a part of the Constitution.

15 (1973) 4 SCC 22
Interpretational Value of the Preamble

This chapter deals with the importance and role of preamble of Indian Constitution and provides
for why it is immensely important to have the preamble as it plays numerous roles indicating the
source from which the constitution derives its authority, states the objects which the constitution
seeks to establish and promote, acts as a guiding principle in the interpretation of constitution
and framing of other important statutes.

The Preamble of Indian Constitution reflects the basic structure and the spirit of the Constitution.
It is regarded as the preamble serves as a channelizing tool for the interpretation of the
constitution as a whole. The preamble acts as the preface of the constitution of India and lays
down the philosophical ideas. It represents the entire constitution in its written words. It contains
the basic structure of the constitution and thus considered to be a vital part. The preamble is
significant because it highlights the type of society and government it wishes to establish.
However, the preamble does not contain laws enforced in a court but, no law can be enacted or
amended in a manner that violates the spirit of the preamble. Thus the preamble of the
constitution of India is un-amendable.

Preamble of Constitution of India is an introductory note to the constitution. It is like summary

for our constitution, regard as soul of it. To understand the motto of constitution Preamble works
as a guide so we can understand how Preamble is important. The Preamble declares four aims in
the governance of India-

Justice- social, economic and political;

Liberty of thoughts, expression, belief, faith and worship;

Equality of status and opportunity; and

Fraternity assuring the dignity of the individual and the unity and integrity of the nation.

Preamble as Projector of Desired Established State

The Preamble proclaims the solemn resolution of the people of India to constitute India into a
'Sovereign socialist, secular democratic republic. The Preamble was adopted with the
constitution in the constituent assembly. It came into effect in 1950 along with the constitution.
The original draft of the constitution opened with the words Sovereign Democratic Republic in
the first line. The words Socialist and Secular were inserted by the 42nd amendment in 1976.
The same amendment contributed to the changes of the words unity of the nation into unity and
integrity of the nation. The significance of the preamble of Indian constitution lies in the We the
People. These words emphasizes that the ultimately the powers are vested in the hands of the
people of India. The expression state that the constitution is made by and for the people of India.
In addition to that the preamble also lays down the essential national goals for every citizen
justice, liberty, equality and fraternity.

According to the preamble of the constitution of India, the word Sovereign occupies a vital role
in the country. It means supreme or independent and embodies India is internally and externally
sovereign and is free from the control of any foreign power. Furthermore, the country has a free
government which is directly elected by the people and makes laws that govern the people.16

The word Socialist also has enormous significance as it implies economic and social equality.
The word was added by the 42nd amendment act, 17 1976 during the emergency. In addition to
that Social equality identifies the absence of discrimination on the grounds only of caste, colour,
creed, sex, religion or language. Besides, social equality has equal status and opportunities. The
preamble also guarantees secularism.18 The word Secularism was also inserted into the preamble
by the 42nd amendment act 1976. Secularism implies equality of all religions and religious
tolerance and does not identity any state religion.

The preamble of Indian Constitution also puts forth the words Democratic and Republic. India
follows a Democratic form of government. The people of India elect their government at all
levels such as Union, State and local by a system of universal adult franchise. India is also a
Republic, in a country where the head of the state is elected directly or indirectly, for a fixed
tenure. The president of India is the titular head of the state. Thus, the preamble plays a pivotal
role and serves two important purposes including and indicate to the source from which the

16 Retrieved from http://www.indiastudychannel.com/resources/47070-constitution-India.aspx

17 Fourty-second Amendment Act to the Indian Constitution, 1976

18 Retrieved from http://www.indianetzone.com/40/preamble_indian_constitution.htm

constitution derives its authority and stating the objects, which the Constitution seeks to establish
and promote.

Preamble as Interpreter of Legislation and statutes:

The Constitution of India starts with a preamble which contains the spirit of the constitution and
every legislation framed is in conformity with the spirit of the preamble and thus the
constitutionality and objects of the statutes are tested. The preamble also bears the aims and
objectives that the people of India seek to establish with the establishment of Indian
Constitution , any legislation made is made with the purpose and in accordance with the
objectivity of the preamble itself. So, Preamble is the Legislation in a nutshell. It is a
preparatory statement. It contains the recitals showing the reason for enactment of any legislation
and prevents the legislation to fall in the arms of ambiguity.

In Kashi Prasad v. State of UP 19 the court held that even though the preamble cannot be used to
defeat the provisions of the legislation itself, but it can be used as a vital source in making the
interpretation of the legislation

As provider of Authority to the Indian Constitution:

The preamble to the constitution of India begins with We the People of India, thus conferring
that the authority of the constitution lies in the people of India, who have themselves led to the
enactment of constitution for their own governance.

The provision of the constitution of India cannot be overridden by the Preamble.

In Re Berubari, the Supreme Court held that the Preamble was not a part of the constitution and
therefore it could not be regarded as a source of any substantive power.

In Keshavananda Bharatis case20, the Supreme Court rejected the above view and held the
preamble to be a part of the constitution. The constitution must be read in the light of the

19 AIR 1950 All 732

20 Ibid
preamble. The preamble could be used for the amendment power of the parliament under Art.
368 but basic elements cannot be amended. The 42nd Amendment has inserted the words
Secularism, Socialism and Integrity in the preamble.

General rules of interpretation of the constitution

1. If the words are clear and unambiguous, they must be given full effect.

2. The constitution must be read as a whole.

3. Principles of Harmonious construction must be applied.

4. The constitution must be interpreted in a broad and liberal sense.

5. The court has to infer the spirit of the constitution from the language.

6. Internal and External aids may be used while interpreting.

7. The Constitution prevails over other statutes.

Amendment to the Preamble

The issue that whether the preamble to the constitution of India can be amended or not was
raised before the Supreme Court in the famous case of Keshavanand Bharti Vs. State of
Kerala,1973. The Supreme Court has held that Preamble is the part of the constitution and it can
be amended but, Parliament cannot amend the basic features of the preamble. The court
observed, "The edifice of our constitution is based upon the basic element in the Preamble. If any
of these elements are removed the structure will not survive and it will not be the same
constitution and will not be able to maintain its identity."21

The preamble to the Indian constitution was amended through the 42nd amendment act 1976.
And the words Socialist, Secular and Integrity were added to the preamble by the 42nd
amendment Act, 1976, to ensure the economic justice and elimination of inequality in income
and standard of life. Secularism implies equality of all religions and religious tolerance and does

21 Retrieved from, http://www.preservearticles.com/2012011020424/essay-on-the-amendment-of-the-

preamble-of-india.html
not identity any state religion. The word integrity ensures one of the major aims and objectives of
the preamble ensuring the fraternity and unity of the state.

Conclusion

The Constitution of India begins with a Preamble. The Preamble contains the ideals, objectives
and basic principles of the Constitution. The salient features of the Constitution have evolved
directly and indirectly from these objectives which flow from the Preamble.

Preamble is an introductory statement, stating the aims and objectives of the constitution.
Accordingly, the preamble to the Indian constitution spells out the basic philosophy contained in
the body of the Indian Constitution. The Preamble is so important because it highlights the type
of society and government it wishes to establish. The preamble does not contains any law that
can be enforced in the court of law but no law can be enacted or amended in a manner that it
violates the spirit of Preamble22.

In conclusion I would like to just say that this is very true that preamble is the basic part of any
document and it is but obvious to our constitution because it is the supreme law of our country,
but Is it true that our constitution is so complete and perfect. As we all knows that we have more
than 100 amendments in our constitution. So before making any basic structure we have to first
finalize the structure and the provisions of our constitution. And another thing is that if it is the
part of our constitution or the basic structure of it then why we need these many cases or judicial
reviews to finalize its existence. According to me the preamble is the topic which gives its status
from the very beginning when any document, act or provision enacted. It gives the overview of
that particular act so we can easily take the idea of what the act is all about. In constitution we
can say that this plays a very big role to understand the provisions of the constitution. So if
something plays a great role to understand the provision of any act then how that thing cannot be
the part of it, and what is the other thing which talks about the preamble as the part of our
constitution .this is the only answer to that according to me.

22 Retreived from Essay on the preamble of Indian constitution, http://www.preservearticles.com

Critical Analysis on the Judicial Pronouncement of the Preamble of Indian Constitution

A preamble is a preliminary statement of the reasons which have made the passing of statute
desirable and its position is located immediately after the title and date of issuing the presidential
assent. A preamble is also used to introduce a particular section or group of sections.

Almost every modern constitution inaugurates with a preamble, which it begins with and which
embodies the objectives or basic purposes which it has been adopted.

Apart from the enactment of the preamble of the constitution, the preamble of a statute sets out
the main objectives which the legislation is intended to achieve. it is a sort of value-laden
introduction to the statute and many a time, it is very helpful in understanding the policy and
legislature. It expresses what we had thought or dreamt for so long. The real value of
constitution and law would, therefore, depends on the extent to which the stated objectives of the
preamble have been achieved.

The preamble is of considerable legal significance in so far as embodies an enacting clause. It

cannot be resorted as the basic in construing the various provisions of the constitution, which are
couched in plain language. The preamble contains some expressions like justice, liberty, equality,
and fraternity portion of the constitution consists of merely temporary provisions designed to
bridge over the transition from the old constitution to new.

In another words, preamble as such is widely accepted as the quintessence or soul and spirit of a
constitution, as it embodies the fundamentals and the basic of the constitution as well as the
vision and commitment of a newly liberated nation or people after its passing through the
inevitable birth pangs of national independence from an oppressive and colonial regime23.

Importance of Preamble

The wording of the Preamble highlights some of the fundamental values and guiding principles
on which the Constitution of India is based. The Preamble serves as a guiding light for the

23 Bhagwati Dan Charan, The Judicial Pronouncement Of The Preamble Of Indian Constitution,
www.legalservices.com
Constitution and judges interpret the Constitution in its light. In a majority of decisions, the
Supreme Court of India has ruled that neither it nor any of its content is legally enforceable. The
Preamble plays pivotal role when there is ambiguity in provisions of any Article or interpretation
becomes confusing. This is when the spirit of the Preamble becomes the guiding factor. The
Preamble is stem, root and source of the constitution.

The Preamble of the Constitution of India is one of the best of its kind ever drafted. Both in ideas
and expression it is an unique one. It embodies the spirit of the constitution to build up an
independent nation which will ensure the triumph of justice, liberty, equality and fraternity. One
of the members of the Constituent Assembly, Pundit Thakur Das Bhargav rose to poetic heights
when he said, "The Preamble is the most precious part of the Constitution. It is the soul of the
Constitution. It is a key to the Constitution. It is a jewel set in the Constitution."
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