A preamble is an introductory part of a document that outlines the document’s purpose, rules, regulations, and philosophy. A preamble is a brief introduction to a document that highlights the document’s principles and fundamental values. In a Constitution, it presents the intention of its framers, the history behind its creation, and the core values and principles of the nation.
The Preamble to the Indian Constitution, which was adopted with the Constitution on November 26, 1949, illustrates the principles embodied in the Constitution. The fact that it was accepted by the Constituent Assembly after the Draft Constitution was adopted lends credence to the idea that it represents the Constitution’s ideals and philosophy. Apart from declaring the goals of the Constitution, it also reveals the source of the Constitution’s authority.
The words- “We the People of India….adopt, enact and give to ourselves this Constitution“-
declares that the Constitution emanates from the people of India and that the Constitution rests on solely their authority. This statement is intentionally used to emphasise that the Indian Constitution, unlike earlier legislation governing the country, was not drafted by the British Parliament. ‘We the People‘ is more than just a historical reality. It is a continuous declaration that includes all individuals and imposes an obligation on them to follow the values desired by the constitution.
The term “Sovereign” in the Preamble refers to the Indian state’s power being autonomous and not subject to the control of any other state or entity.
The term “Socialist” was placed into the Preamble by the Constitutional (42nd Amendment) Act of 1976. T he Supreme Court in In D.S. Nakara v. Union of India, the court stated that “the primary goal of a socialist state is to abolish inequality in income, status, and living conditions.”
“Secular” – While this expression too was formally inserted into Preamble by the 42nd Amendment Act of 1976, it was never doubted that the Constitution established a secular and not a theocratic state. In S. R. Bomai v. Union of India, Supreme Court recognised secularism to be part of basic structure of the Constitution and not amendable to amendment.
“Democratic“- The Preamble envisions a parliamentary democracy in which the people are represented, responsible administration is implemented, and the Council of Ministers is held accountable.
“Republic“ signifies that, in contrast to a constitutional monarchy where the head of state is a dynastic position, we have an elected President as the head of our State and offices including that of the President will be open to all citizens.
“Equality of Status and Opportunity“- Apart from procedural equality, it is also an enumeration of substantive equality, which acknowledges that equality exists only among equals and that treating unequals similarly perpetuates inequality.
Now the most controversial question which led many arguments and discussion that whether the Preamble is part of the Constitution of India or not.
The Berubari Case was used as a reference under Article 143(1) of the Constitution, which was on the execution of the Indo-Pakistan Agreement connected to the Berubari Union and trading the enclaves that were decided for consideration by an eight-judge bench. The Court held in this decision that the “preamble is the key to opening the minds of the framers, but it cannot be considered a part of the Constitution.”
However, the Court also noted that, while the Preamble is not enforceable in a Court of law on its own, it can be utilised to help in the legal interpretation of the Constitution if the wording is unclear or capable of two interpretations.
This point of view did not hold water when the Supreme Court heard the case of Kesavananda Bharati v State of Kerala.
This case created history as for the first time, a bench of 13 judges was assembled to hear a writ petition. A Bench of 13 judges held that the Preamble is in fact part of the Constitution itself. Differing from the opinion expressed in Berubari Union, it was held that the preamble of the Constitution cannot be seen in the same sense as Preamble to the statute. Preamble is certainly a part of the Constitution but not an operative part and cannot be considered a provision.
Silri, C.J., also observed in this case, “no authority has been refered before us to establish the propositions that what is true about the powers is equally true about the powers is equally true about the prohibitions and limitations. Even from the Preamble limitations have been derived in some cases. It seems to me that the Preamble of our Constitution 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 fact, the Preamble was used in putting implicit limitations on Parliament’s amending power under Article 368 of the Constitution. In that instance, the court ruled that the “fundamental features” of the Preamble could not be amended under Article 368 of the Constitution.
Can Preamble Be Amended Under Article 368 Of The Indian Constitution
This question was put before the Supreme Court for the first time in the landmark case of Kesavanada Bharati v. State of Kerala. In that case, the Attorney-General contended that the Preamble might be amended under Article 368 of Indian Constitution. It was argued that since the Preamble was a part of the Constitution, it could be amended in the same way that other articles of the Constitution could. The petitioners, on the other hand, contended that Article 368’s amending power is restricted. The preamble implies a limitation on the power of amendment. The Preamble contains the fundamental features of our Constitution. As a result, amending power cannot be used to destroy or harm the fundamental elements listed in the Preamble. It was argued that the Preamble could not be amended since it is not a part of the Constitution. The Supreme Court, on the other hand, ruled that the Preamble is a part of the Constitution and hence that the Beruberi ruling was incorrect on this issue.
On the question whether the Preamble can be amended the majority decided that since the Preamble is the part of the Constitution it can be amended but subject to this proviso that the “basic feature” in the Preamble cannot be amended. “The edifice of our Constitution is based on the basic elements mentioned in the Preamble,” the Court stated. If any of these elements are removed, the structure will not survive, and the Constitution will not be the same, nor will it be able to maintain its identity.
The Kesavanada Bharati case is a watershed moment in India’s constitutional history. According to D.G. Palekar, J., the Preamble is a component of the Constitution and hence amendable under Article 368. He called the claim that the Fundamental Rights are an elaboration of the Preamble a “overstatement and half-truth.” Without a doubt, the Constitution is designed to be a vehicle through which the stated objectives are supposed to be achieved.
Conclusion
A Preamble indicates only the general purposes for which the people ordained and established the Constitution. It cannot and has never been considered the source of any substantive power conferred on the Government or any of its departments. The preamble of the Constitution of India is one of the best preambles ever drafted, not only in ideas but expressions as well. It contains the purpose of the constitution, to build an independent nation that protects justice, liberty, equality, and fraternity which are the objectives of the Constitution.
The objectives stated in the Preamble are only a portion of the essential construction of the Constitution. As a result, the Preamble cannot be changed without destroying the objectives, but it also cannot be used as a law to judge people based on.
Some Other Posts :-
THE AMENDMENT OF THE CONSTITUTION: ARTICLE 368
ELECTION OF PRESIDENT OF INDIA
