THE PREAMBLE OF THE CONSTITUTION
The Preamble to an Act sets out the main objectives which the legislation is intended to achieve.
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 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 of the Nation.
In our Constituent Assembly this twenty-sixth day of November, 1949 do Hereby, Adopt, Enact and
Give to Ourselves this Constitution.”
The purpose it serves:
The Preamble serves the following purposes:
● It indicates the source from which the Constitution comes, viz., the People of India.
● It contains the enacting clause which brings into force the Constitution.
● It declares the great rights and freedoms which the people of India intended to secure to all
citizens and the basic type of government and polity which was to be established.
It declares therefore that the source of authority under the Constitution is the People of India and
there is no subordination to any external authority.
The Preamble of the Constitution declares India to be a “SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC”.
(Already these terms have been discussed)
Objectives enshrined in the Preamble:
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 of the Nation.
Democracy would indeed be hollow if it fails to generate this spirit of brotherhood among all sections
of the people – feeling that they are all children of the same soil and the same motherland. It
becomes all the more essential in a country like India composed of many races, religions, languages
and of culture.
Liberty, Equality and Fraternity which the Constitution seeks to secure for the people of India are to
serve the primary objective of ensuring social, economic and political justice. Justice is the
harmonious blending of selfish nature of man and the good of the society. The attainment of
collective good as distinguished from individual good is the main aim of rendering justice.
Combining the ideals of political, social, economic democracy with that of equality and fraternity in
the Preamble, Gandhiji described as “The India of My Dream’, namely – “an India, in which the
poorest shall feel that it is their country in whose making they have an effective voice; an India in
which all communities shall live in perfect harmony”.
Re BERUBERI CASE
In this 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. Such powers are
expressly granted in the body of the Constitution. It has been held that Preamble is the key to open
the mind of the makers of the Constitution. If the terms used in the Constitution are ambiguous or
capable of two meanings in interpreting them some assistance may be taken from the objectives
enshrined in the Constitution and the construction which fits the Preamble may be preferred.
KESAVANANDA BHARATI’s CASE
The Supreme Court rejected the above view and held that Preamble is the part of the Constitution.
Chief Justice Sikri, observed, “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”. It was also held that the ‘basic elements’ in the Preamble cannot
be amended under Article 368 of the Constitution.
Can Preamble be amended under Article 368 of the Constitution?
This question was raised before the Supreme Court in this historic case.
The Attorney General argued that – since Preamble was a part of the Constitution it could be
amended like any other provisions of the Constitution.
The petitioners side argued that – the amending power in Article 368 is limited and the Preamble
creates an implied limitation on the power of amendment. The Preamble contains the basic
elements or the fundamental features of our Constitution. Hence, amending power cannot be used
so as to destroy or damage these basic features mentioned in the Preamble. And also argued that
this cannot be done since Preamble is not a part of the Constitution (taking in view re Beruberi’s
case).
The Supreme Court held that Preamble is the part of the Constitution. And also held that the ‘basic
elements’ in the Preamble cannot be amended under Article 368 of the Constitution.
The Court observed, “the edifice of our Constitution is based upon the basic elements mentioned in
the preamble. Of any of these elements are removed the structure will not survive and it will not be
the same Constitution or it cannot maintain its identity.”
