The Preamble
Meaning of the Preamble
Introduction
- The Preamble is the Introductory Statement of the Constitution of India.
- It expresses the Objectives, Philosophy, and Fundamental Ideals that the Constitution seeks to establish and promote.
Importance
- It serves as a Guide for Interpretation whenever any provision of the Constitution is Ambiguous or capable of more than one meaning.
Source of the Preamble
Objective Resolution
- The ideals embodied in the Preamble are derived from the Objective Resolution, moved by Pt. Jawaharlal Nehru on 13 December 1946 and adopted by the Constituent Assembly on 22 January 1947.
Amendment
- The present Preamble reflects the changes introduced by the 42nd Constitutional Amendment Act, 1976, which inserted the words:
- Socialist
- Secular
- Integrity
Text and Ideals of the Preamble
Sovereign State
- Declares India to be a Sovereign nation possessing complete Internal and External Independence.
Socialist State
- Commits the State to securing Social, Economic, and Political Justice, thereby promoting a Socialist Order.
Secular State
- Establishes India as a Secular State, ensuring Equal Respect and Equal Protection to All Religions.
Democratic State
- Affirms that the Government derives its authority from the People, who exercise their political power through Universal Adult Franchise.
Republic
- Declares India to be a Republic, where the Head of the State is Elected and not a hereditary monarch.
Objectives of the Preamble
Justice
The Constitution aims to secure:
- Social Justice
- Economic Justice
- Political Justice
Liberty
Guarantees Liberty of:
- Thought
- Expression
- Belief
- Faith
- Worship
Equality
Ensures:
- Equality of Status
- Equality of Opportunity
Fraternity
Promotes:
- Fraternity among all citizens
- Dignity of the Individual
- Unity and Integrity of the Nation
Constitutional Significance
Source of Authority
- The Preamble declares that the People of India are the Ultimate Source of Constitutional Authority.
- It also indicates:
- The Nature of the Government
- The Objectives of the Constitutional System
- The Authority under which the Constitution was Adopted, Enacted, and Given to the People.
Legal Status of the Preamble
Non-Justiciable Nature
- The Preamble is Not Enforceable by Courts and does Not Confer Any Direct Legal Rights.
Interpretative Value
- Although Non-Justiciable, it serves as an Important Aid in the Interpretation of Constitutional Provisions.
- Whenever constitutional provisions are Unclear or Ambiguous, the Preamble acts as a guiding principle for interpretation.
Judicial Decisions on the Preamble
Berubari Union Case (1960)
- The Supreme Court held that the Preamble is Not a Part of the Constitution and cannot be treated as an independent source of constitutional powers.
Kesavananda Bharati Case (1973)
- The Supreme Court reversed the earlier view and declared that the Preamble is an Integral Part of the Constitution.
- It further recognised the Preamble as a valuable guide for understanding the Basic Philosophy and Objectives of the Constitution.