What is Preamble?

The Preamble of the Indian Constitution is an introductory statement that sets out the guiding principles and objectives of the Constitution. It is a concise and powerful declaration that reflects the aspirations and ideals of the people of India. The Preamble also outlines the objectives of the Constitution, which include justice (social, economic, and political), liberty (of thought, expression, belief, faith, and worship), equality (of status and opportunity), and promoting fraternity (assuring the dignity of the individual and unity and integrity of the nation). As per Ernest Barker, preamble of Indian Constitution is “the key note of the constitution”.

Nature of the Preamble of India:

The Preamble of the Indian Constitution is regarded as the soul and essence of the Constitution. It holds a special status and has certain unique characteristics that define its nature in the Indian context. It has the following characteristics:

• Non-justiciable: The Preamble is non-justiciable, which means it cannot be enforced in a court of law independently. It does not confer enforceable rights or liabilities on its own. However, the principles and values enshrined in the Preamble can be used as interpretative tools while examining the constitutional validity of laws and actions.
• Reflective of the basic structure: The Preamble is considered reflective of the basic structure of the Constitution. The Supreme Court has held that any amendment that violates or alters the basic features of the Constitution, as reflected in the Preamble, would be unconstitutional. This concept was established in the landmark Kesavananda Bharati
• Key to interpretation: While the Preamble itself may not be enforceable, it is significant in interpreting the Constitution’s provisions. Courts often refer to the Preamble to understand the intentions, spirit, and underlying principles of the framers of the Constitution. It helps in determining the constitutional validity and purpose of various provisions.
• Expresses the will of the people: The Preamble represents the collective will and aspirations of the people of India. It begins with the phrase “We, the people of India,” emphasizing that the power lies with the citizens. The Preamble sets out the broad objectives and goals that the Constitution seeks to achieve on behalf of the people.
• Indicative of constitutional philosophy: The Preamble reflects the constitutional philosophy of India. It emphasizes principles such as sovereignty, socialism, secularism, democracy, justice, liberty, equality, and fraternity. These principles form the foundation of the Indian constitutional framework and guide the functioning of the state.
• Amendable: Though the Preamble is considered the introductory part of the Constitution, it can be amended by the Parliament under Article 368. However, any amendment that alters the basic structure or the essential features of the Constitution as reflected in the Preamble is subject to judicial review.

Objectives of the preamble:

These objectives outlined in the Preamble serve as guiding principles for the Constitution and provide a framework for the governance of India. They reflect the aspirations of the people of India and the vision of the framers of the Constitution in building a just, inclusive, and progressive society.

• Establish a sovereign nation: The Preamble declares that India is a sovereign country, indicating its independence and freedom from external control or interference.
• Promote socialism: The Preamble aims to build a socialist society where there is social and economic equality, and the welfare of the people is emphasized. The objective is to achieve a more equitable distribution of wealth and resources.
• Uphold secularism: The Preamble emphasizes the secular nature of the Indian state, ensuring that the government treats all religions equally and does not favor any particular religion. It promotes religious freedom and respects the diverse faiths and beliefs of its citizens.
• Establish a democratic republic: The Preamble establishes India as a democratic republic, where the power lies with the people. It envisions a system of government where individuals have the right to participate in the decision-making process through elected representatives.
• Ensure justice: The Preamble seeks to secure justice in all its forms: social, economic, and political. It aims to create a just society where every individual has equal rights and opportunities.
• Guarantee liberty: The Preamble emphasizes the importance of individual liberty, including freedom of thought, expression, belief, faith, and worship. It seeks to protect the rights and freedoms of citizens.
• Promote equality: The Preamble aims to establish equality of status and opportunity among all citizens. It seeks to eliminate discrimination based on caste, gender, religion, or any other grounds, and promote social and economic equality.
• Foster fraternity: The Preamble seeks to promote a sense of brotherhood and unity among the people of India. It emphasizes the importance of maintaining the dignity of the individual and the unity and integrity of the nation.

Key features of the preamble

• Sovereign: It emphasizes that India is an independent nation and not under the control of any foreign power.
• Socialist: It envisions a socialist society that strives for social and economic equality and the equitable distribution of resources.
• Secular: It promotes a secular state that maintains equal respect for all religions and provides religious freedom to its citizens.
• Democratic: It establishes a democratic form of government where power is vested in the hands of the people, who elect their representatives.
• Republic: India is a republic, which means the head of the state is an elected individual and not a hereditary monarch.

Landmark cases on Preamble in India:

1. Kesavananda Bharati v. State of Kerala (1973): This case is considered a landmark in Indian constitutional history. The Supreme Court held that the Preamble is an integral part of the Constitution and can be used to interpret its provisions. The court ruled that the basic structure of the Constitution, as reflected in the Preamble, cannot be amended by the Parliament.
2. S.R. Bommai v. Union of India (1994): The Supreme Court, in this case, emphasized the secular nature of the Indian Constitution and held that any attempt to disturb the secular fabric of the nation would be unconstitutional. The court referred to the Preamble to support its interpretation of secularism.
3. Indira Nehru Gandhi v. Raj Narain (1975): In this case, the Supreme Court observed that the Preamble reflects the basic features and fundamental ideals of the Constitution. It held that the principles enshrined in the Preamble are key to understanding the Constitution’s spirit and should guide its interpretation.
4. Ramesh Thapar v. State of Madras (1950): The Supreme Court, in this case, held that the Preamble can be used as a key to unlock the minds of the Constitution’s framers and understand their intentions while interpreting the Constitution.
5. LIC of India v. Consumer Education and Research Centre (1995): The Supreme Court, in this case, held that the Preamble indicates the social and economic objectives of the Constitution and can be used to determine the constitutionality of legislation.

Conclusion:

The Preamble acts as a guiding light for the interpretation and implementation of the Constitution and serves as a reminder of the core values and principles that underpin the Indian democratic system. The policy makers must keep the preambular objectives in mind while framing any policy or amending the existing ones.