Preamble: Meaning, Scope, Importance, Objectives and Values | Constitutional Law - CLAT PG PDF Download

Preamble 

• The Preamble to a Constitution reflects its core values, philosophy, and the goals set by the founders for society to achieve.
• In India, the Preamble outlines the aspirations of the people, which are further detailed in the Constitution's provisions.
• Essentially, the Preamble serves as an introduction to the legal document.
• While it is not enforceable in a court of law and is not a functional part of the Constitution, the Preamble plays a crucial role.
• The Preamble should align with the Constitution's provisions and succinctly convey its philosophy.
• After the transfer of power, the Constituent Assembly became sovereign, as indicated by the phrase "give to ourselves this constitution" in the Preamble.
• This emphasizes that the Preamble originates from the people of India, who hold sovereignty.

History of the Preamble

• The Preamble of the Indian Constitution is inspired by Jawaharlal Nehru's "Objective Resolution."
• Nehru presented this resolution on December 13, 1946, and it was adopted by the Constituent Assembly on January 22, 1947.
• When drafting the Preamble based on the "Objective Resolution," the committee aimed to define the new state's essential features and basic socio-political objectives.
• They believed that other aspects of the Resolution were better suited for the main parts of the Constitution.
• The committee chose the term 'Sovereign Democratic Republic' instead of 'Sovereign Independent Republic' from the "Objective Resolution," as they felt independence was inherent in the term Sovereign.
• Additionally, they included the word Fraternity, which was absent in the Objective Resolution, to emphasize the importance of fraternal harmony in India at that time.
• Overall, the Preamble was crafted to reflect the spirit and language of the "Objective Resolution" as much as possible.

Meaning of Preamble 

• The Preamble is essentially the introduction to the Constitution, outlining its fundamental purposes and guiding principles.
• According to the Chambers Twentieth Century Dictionary, a preamble serves as a preface or introduction, particularly for an act of Parliament, explaining its reasons and objectives.
• Black's Law Dictionary describes the preamble as a clause at the beginning of a statute that clarifies the reasons for its enactment and the goals intended to be achieved.
• In general, a Preamble is a statement by the legislature explaining the reasons for passing a statute, aiding in the interpretation of any unclear parts of the statute it precedes.

The Purpose it Serves

• In A.K Gopalan v. State of Madras:  The Supreme Court rejected the argument that the preamble should guide the interpretation of laws made under Article 21, emphasizing that 'law' in Article 21 refers to state-made law, not natural justice.
• In the Berubari Union case : The Supreme Court held that the preamble is not a source of substantive power for the government and has limited application. It should not be invoked if the language of the constitutional enactment is clear.
• In State of Rajasthan v. Basant Nahata : The court ruled that the preamble of an ordinary statute should only be considered when the language is ambiguous and not when there is a lack of precise meaning, as in the case of public policy.
• In the Kesavananda Bharati case : The Supreme Court recognized the importance of the preamble and its role in interpreting the Constitution. The preamble reflects the grand and noble vision of the Constitution and can provide limitations in certain cases.

Scope of the Preamble 

• The Preamble outlines the objectives intended by the constituent assembly and embodies the ideals and aspirations of the Indian people.
• It is non-justiciable, like the Directive Principles of State Policy (DPSPs), and cannot be enforced in a court of law.
• In case of a conflict, the specific provisions of the Constitution take precedence over the Preamble.
• The Preamble does not grant substantive power to any organ of the State or limit their powers under the Constitution.
• It plays a limited but crucial role in clarifying ambiguities in constitutional provisions.

Whether the Preamble is a part of the Constitution 

The question of whether the Preamble is a part of the Constitution has been debated and addressed in two significant cases:

1. Beruberi Case:  In the Berubari case, the Supreme Court ruled that while the Preamble provides insight into the intentions of the framers of the Constitution, it is not considered a part of the Constitution.
2. Kesavananda Bharati case:  The Kesavananda Bharati case, where a 13-judge bench considered the Preamble, leaned towards the view that the Preamble is a part of the Constitution.

Amendment to the Preamble 

• The Preamble can be amended, but the basic features of the Preamble cannot be altered. The Supreme Court in the Kesavananda Bharati case emphasized the importance of the elements in the Preamble as foundational to the Constitution.
• The Preamble was amended by the 42nd Amendment Act, 1976, adding the words "Socialist," "Secular," and "Integrity" to promote economic justice, equality, and fraternity among citizens. "Socialist" refers to state ownership of production means, "Secular" ensures equality of all religions, and "Integrity" emphasizes national unity and integrity.

Objectives Enshrined in the Preamble 

 Justice (Social, Economic, and Political) 

Justice in the Preamble refers to the balance between individual actions and the overall welfare of society. It emphasizes that what is just promotes the common good rather than individual interests.

• Social Justice:  Aims to eliminate inequalities related to wealth, opportunity, status, race, religion, caste, and other factors. The Constitution provides guidelines for achieving social justice in Part IV.
• Economic Justice:  Focuses on fair economic treatment, such as equal pay for equal work, regardless of caste, gender, or social status.
• Political Justice:  Aims for equality in political matters, ensuring no arbitrary distinctions. The Constitution ensures political justice through universal adult suffrage.

Liberty (of Thought, Expression, Belief, Faith, and Worship) 

• Liberty  comes from the Latin word 'liber,' meaning free. It gained prominence during the French Revolution, where it was defined as the freedom to act as long as it doesn't harm others.
• Negative Liberty  refers to the absence of undue interference by the State in an individual's actions.
• Positive Liberty  includes essential rights that enable individuals to reach their potential and contribute to national life.
• Articles 25-28  of the Constitution focus on the Right to Freedom of Religion, while  Article 19(1)(a)  emphasizes liberty in expression.

Equality (of Status and Opportunity) 

Equality of status and opportunity ensures that every individual has the same rights and chances for development, regardless of their background.

• Articles 14 and 15  of the Constitution guarantee equality before the law and prohibit discrimination based on religion, race, caste, sex, or place of birth.
• Article 16  ensures equality of opportunity in government employment.
• Articles 17 and 18  abolish untouchability and titles, further promoting equality.

Fraternity 

• Fraternity  refers to a sense of brotherhood and unity among all people, viewing them as part of the same nation.
• Inspired by the French Revolution  , fraternity was included in the Preamble to emphasize the need for unity and goodwill in India.
• While not explicitly stated  , the Constitution promotes fraternity through provisions like common citizenship and the right to move freely and settle anywhere in India.

The Preamble as Integral to the Constitution 

• The Preamble embodies the spirit and ideology of the Constitution, highlighting its fundamental values and guiding principles.
• It signifies the citizens' acceptance of the Constitution on  November 26, 1949  , while the Constitution officially came into effect on  January 26, 1950  .