Importance of Preamble

April 16, 2023

This article has been written by Ms. Damini Chauhan, a student of BBA.LLB (Hons), from United world school of law, Karnavati University, Gandhinagar. This author is a 5th year law student.

IMPORTANCE OF PREAMBLE

INTRODUCTION

The Indian Constitution’s “spirit” and “backbone” are also terms used to describe the preamble. It makes no sense to read the Constitution without first reading the preamble. The preamble is where you can get a quick overview of the motivation for the constitution’s creation. The prologue can be divided into three categories or sections:

In accordance with the first section, the Indian people formally declared themselves to be a “Sovereign, Socialist, Secular, Democratic, Republic.” Each and every word in the preamble was purposefully chosen, and the order in which they are used gives readers a clear understanding of how India feels about its citizens.
The second section urges preserving everyone’s freedom, equality, and justice as well as fostering harmony and morality.
The final section is declaratory, in which the people of India adopted, enacted, and bestowed upon themselves this constitution through their constituent assembly.

MEANING AND CONCEPT OF PREAMBLE

The preamble serves as the constitution’s introduction as well as the preface to the statutes. A preamble is a statement that the legislature makes with the intention of passing a statute; it is useful in the interpretation of any statute.

The preamble’s proper role is to enumerate certain facts that must be clarified as well as to define a few words. Preambles can also be used to define terms, explain facts, or restrict the application of certain expressions.

SCOPE OF PREAMBLE

A significant part of the preamble’s influence on the country’s future may be seen. The preamble gives the constitution’s authors a quick overview so they may make preparations and draught the document.

If it is a part of the Indian Constitution or not, it is the only query posed regarding the preamble’s purview. This article deals with the response to this query later on. However, the preamble’s fundamental function is to make clear the idea that underlies the constitution, i.e., where it came from and what its principal purposes and aims are.

The preamble does not delegate any authority to anyone, but it does provide the framework for the Indian Constitution, which includes:

1. The nation should be a “Sovereign, Socialist, Secular, Democratic Republic.”

2. The people must choose the government and it must be of, for, and for the people.

3. The Indian people should be granted true sovereign authority.

4. Justice, liberty, and equality for all people should be achieved.

In order to ensure that public sovereignty is not violated, all of the constitution’s clauses and articles were essentially created with this in mind.

SIGNIFICANCE OF THE PREAMBLE

One of the most crucial documents in the nation is the Indian Constitution, which outlines the values and principles upon which India will be governed. The preamble serves as the constitution’s introduction, outlining its principles and methods of implementation. It’s similar to the mission statement of the Indian constitution. It makes an effort to capture in a single paragraph what India is like as a nation and a society. The “Objectives Resolution” of Pandit Nehru serves as its foundation.

The preamble declares India to be a democratic republic and a sovereign state. It practises socialism and has no official religion. The Preamble states the goals of the Constitution, which include upholding justice, defending individual liberties, promoting social equality, and fostering a spirit of brotherhood among citizens. In the Preamble, it is stated that the Constitution was enacted on November 26, 1949.

Due to the preamble’s absence from the constitution, there has long been a question about whether it even belongs there. Clarity on that emerged following a few supreme court rulings that stand out as historic rulings.

In the Berubari Union case, the Supreme Court ruled that the Preamble serves as a key to understanding the views of the Constitution’s writers by outlining the underlying goal of the numerous clauses. The court believes that even while the preamble is significant, it is not a part of the constitution.

The Preamble is a part of the Constitution, according to the Supreme Court, which overturned a previous ruling in the Kesavananda Bharati case. In the LIC of India case, it was reflected in that statement.

It’s crucial to keep in mind that while the preamble can be considered a part of the constitution, it is not as legally binding as the other parts.

HISTORY OF PREAMBLE

Shri. B.N. Rau drafted the main preamble, which was subsequently proposed in the constituent assembly. Basic preamble language just included “Sovereign, Democratic, and Republic,” but the 42nd Amendment later added the words “Secular and Socialist.” Due to the preamble’s limited scope which limited it to outlining the fundamental characteristics of the constitution and the nation questions regarding its constitutional status have been raised.

THE PREAMBLE’S KEY PHRASES

1. Sovereign: In this sense, India is a sovereign state. It means that it is not governed by or subject to the control of any other country or external authority.

2. Socialist: The term “socialist” is added to the preamble by the 42nd Amendment Act. Indian socialism is democratic rather than the more conventional communalist form. Public and private ownership coexist there, and the economy is mixed.

3. Secular: The term “secular” was created by the 42nd Amendment. It proves that there is no official religion of the state and that all faiths are respected equally. It makes a distinction between governments and religion.

4. Democratic republic: It states that India will pursue a democratic republican, or people’s representative, form of government. The constitution addresses a number of topics, including universal adult suffrage, an independent judiciary, the abolition of discrimination, and other topics, to demonstrate the democratic republican nature.

5. Justice: The preamble makes it clear that social, economic, and political justice are all at play here. The term “social justice” refers to the fair treatment of all nationals, regardless of sex, caste, religion, gender, or other characteristics.

6. Liberty: Liberty is the absence of any restrictions, coercion, or other forms of control. In this context, liberty refers to our ability to choose how we choose to conduct our lives. In the event that they are violated, fundamental rights can be upheld in court. They guarantee freedom of thought, faith, speech, belief, and worship. Nobody has unrestricted freedom, and no one is allowed to violate the constitution or the fundamental rights of others.

7. Equality: When we use the word “equality,” we mean that no group in society receives preferential treatment. We also mean that everyone has access to opportunities that are appropriate for them, regardless of their race or gender.

8. Fraternity: A sense of brotherhood among people is referred to as fraternity. The Preamble states that the fraternity is obligated to uphold two principles: human dignity and the integrity and unity of the nation.

IMPORTANCE OF THE PREAMBLE

Preamble serves as a kind of introduction to the act and aids in comprehension of the legislative intent and policy. The primary goals that the Act is meant to accomplish are laid out in this clause. Ideals that the Constitution aspires to realise are listed in the Preamble. While giving the Constitution direction and purpose, it does not provide any authority. It describes the goals of the entire Constitution. Additionally, it enshrined the broad goals and socio-economic objectives that would be accomplished through constitutional procedures. The phrase “We the People of India…” suggests that the Constitution is a product of the people and that they hold the sovereignty. The will of the people is the Constitution’s primary source.

1. It outlines the primary goals that the legislation aims to accomplish.

2. It includes goals that the Constitution aspires to.

3. It gives the Constitution direction and a goal.

4. It also codifies the broad goals and socioeconomic objectives that must be accomplished through constitutional procedures.

The Supreme Court ruled that the Preamble is not a component of the Constitution in the Re Berubari Union case (1960). Later, the Supreme Court ruled in Keshavanand Bharti v. State of Kerala (1973) that the Preamble is a component of the Constitution. The Preamble of the Constitution is extremely important, according to the court, and it should be read and understood in light of it. The Preamble can be changed without changing the Constitution’s fundamental design, the court further ruled. The Supreme Court ruled in Sajjan Singh v. State of Rajasthan (1965) that the Preamble constitutes the essence of the Constitution’s features.

The Supreme Court reiterated its position in S.R. Bommai v. Union of India (1994), holding that the Preamble is a fundamental component of the Constitution. The Supreme Court ruled in K.K. Bhaskaran v. State (2011) that the Constitution should be interpreted to uphold the ideal of social, economic, and political justice. The Supreme Court ruled in Nandini Sundar v. State of Chhattisgarh (2011) that the Preamble’s vow to uphold social, economic, and political fairness could not be ignored or disregarded.

AMENDMENTS TO THE PREAMBLE

The preamble can only be changed once it is a part of the constitution. After it was clarified that the preamble is a part of the constitution, the issue of agreeability came up. The preamble might be changed, but only provided the essential components and aspects remained the same.

The preamble of the constitution was altered by the 42nd Amendment Act of 1976, which included the phrases “socialist,” “secular,” and “integrity.”

CONCLUSION

The preamble serves as the constitution’s or the statutes’ introduction. A prologue is a statement made by the legislature that explains why the act was passed and is useful in interpreting any statute. The preamble is crucial in determining the course of the nation.

Whether or not the preamble is a component of the constitution is the only query posed regarding its purview. However, the thirteen-judge constitutional court rendered their decision in the Kesavananda Bharti Case and ruled that the preamble is a component of the constitution. The country should be a “Sovereign, Socialist, Secular, Democratic, Republic,” and the government should be chosen by the people, for the people, and of the people. The preamble also states that the people of India should have real sovereign power and should enjoy justice, liberty, and equality.

REFERENCE

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April 16, 2023