The Preamble to an Act sets out the main objectives which the legislation is intended to achieve. The Constitution makers gave to the preamble “the place of pride”. It embodies in a solemn form all the ideals and aspirations for which the country had struggled during the British regime.
The Preamble declares:
“We the people of India having solemnly resolved to constitute India into a [Sovereign Socialist Secular Democratic Republic] and to secure to all its citizen:
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 the integrity of the Nation.
In our Constituent Assembly, this 26th day of November 1949 do hereby, adopt, enact and give to Ourselves this Constitution.”
The Preamble is the key to open the mind of the makers. But it does not mean that the Preamble can override the express provisions of the Act. In Berubari’s case the Supreme Court held that the preamble was not a part of the constitution and therefore it could never be regarded as a source of any substantive powers. But in kesavananda bharati’s case, the Supreme Court rejected this view and held that the Preamble is the part of the Constitution.
THE PURPOSE IT SERVES:
a] It indicates the source from which the constitution comes, viz the people of India.
b] It contains the enacting clause which brings into force the Constitution.
c] It declares the great rights and freedom which the people of India intended to secure for all citizens and the basic type of government and polity which was to be established.
SOURCES OF THE CONSTITUTION:
The phrase “we the people of India” emphasizes that the constitution is made by and for the Indian people and not given by any outside power.
NATURE OF STATE:
The word “sovereign” emphasizes that India is no more dependent upon any other outside authority. In the country, the legislature has the power to make laws that are subjected to certain limitations.
The term “socialist” was added in the preamble by 42nd Amendment, 1976 which means the achievement of socialist ends through democratic means. It is basically a ‘democratic socialism’ that holds faith in a mixed economy where both private and public sector co-exist side by side.
The term “secular” in the preamble means all the religions in India get equal protection, respect, and support from the state. This term was incorporated in the preamble by 42nd Constitutional amendment.
‘Democratic” indicates that the Constitution has established a form of Government which gets it authority form the will of the people. “Democracy” in its broadest sense embraces democracy. The “democratic” is used in this very sense in the preamble.
The “republic” the political sovereignty vests in the people and the head of the state is only a person elected by people for a fixed term. In India, the President is the head of the state and he is elected indirectly by the people
OBJECTIVE ENSHRINED IN THE PREAMBLE:
The objective which the preamble secures to every citizen-
Justice- social, economic, and political;
Liberty- Of thoughts, 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.
INTERPRETATION BY THE SUPREME COURT
Berubai union case: In this case, it was held by the Supreme court that the Preamble is the part of the Constitution. However, it recognized that the Preamble could be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning.
REFERENCES:
[1] https://www.clearias.com/preamble-of-indian-constitution/.
[2] https://www.jagranjosh.com/general-knowledge/preamble-of-the-constitution-1434782225-1.
[3] legalserviceindia.com
[4] Book by Dr. J.N. Pandey ‘Constitutional law of India’
[5] Case decided on 14th March, 1960.
