The Role and Significance of the Preamble in the Indian Constitution: Interpretation, Amendability and Limitations

The Preamble of the Indian Constitution encapsulates the core philosophy and guiding principles that shape our nation’s governance. It reflects the aspirations of India’s founding fathers and serves as a visionary prelude to the Constitution, emphasizing that the ultimate authority lies with the people of India. The Preamble outlines the intended rights and freedoms for all citizens, forming the foundation of our democratic values.

Significance of the Preamble

Philosophy and Values of the Preamble: The Preamble encapsulates the fundamental philosophy and values, both political and moral, that underpin the Constitution. 

• Visionary Essence of the Constituent Assembly: It serves as the visionary essence of the Constituent Assembly and mirrors the aspirations of our founding fathers.
• People’s Sovereignty and Constitutional Authority: As per the Preamble, the Constitution was enacted, adopted, and bestowed upon themselves by the people of India. 
  • It underscores that the Constitution’s authority stems from the people, indicating that ultimate sovereignty rests with them.
• According to K.M. Munshi : the Preamble is the ‘horoscope of our sovereign democratic republic’.
• Outline of Rights and Freedoms: In the Preamble, the intended rights and freedoms for all citizens are outlined, along with the methods for their realization.

• Sir Ernest Barker: Described the Preamble as the ‘key note’ to the Constitution
• Importance in Constitutional Interpretation: In famous Kesavananda Bharati case, 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”
• Guiding Light for Constitutional Provisions: The Preamble stands as a beautifully worded prologue to India’s Constitution, encapsulating its core ideas and objectives. 
  • It serves as a guiding light, justifying the detailed arrangements within the Constitution.

Preamble As Part Of The Constitution

The status of the Preamble as an integral part of the Indian Constitution remains a subject of ongoing debate and interpretation:

• Berubari Union Case, 1960: The Supreme Court recognized the Preamble as a key to the framers’ intentions. When words are ambiguous, it helps in providing clarity. 
• Despite this, Justice Gajendragadkar emphasized it’s not part of the Constitution and doesn’t confer substantial power on state organs.
  • The Preamble served as a reference under Article 143(1) of the Constitution for implementing the Indo-Pakistan Agreement regarding the Berubari Union and exchanging enclaves. This was decided by an eight-judge bench.

• Golak Nath Vs State of Punjab, 1967: According to Justice Hidayatullah, the Preamble embodies enduring principles upon which the Government functions, constituting the eternal and unalterable essence of the Constitution.
  • Kesavananda Bharati Case, 1973: In the landmark judgment, a full bench of the Supreme Court comprising 13 judges was convened for the first time to hear a writ petition. 
    • The Preamble, although not the ultimate source of power, serves as a valuable tool in understanding the intricacies of statutes and provisions within the Constitution.
    • Justice Sikri held that the Preamble was not only very much a part of the Constitution but was of extreme importance, and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble. 
    • Any provisions of the Constitution could be amended under Article 368 only within the broad contours of the Preamble and of the Constitution
• LIC of India case, 1995: The Supreme Court again held that the Preamble is an integral part of the Constitution. 
• Crafting and Placement of the Preamble: The Preamble, akin to other constitutional elements, was meticulously crafted by the Constituent Assembly after finalizing the remaining sections of the Constitution. 
• The strategic decision to include the Preamble at the end was to ensure its alignment with the Constitution adopted by the Constituent Assembly.
• Affirmation of the Preamble as Part of the Constitution: The President of the Constituent Assembly said, ‘The question is that Preamble stands part of the Constitution’. The motion was then adopted. 
• Hence, the current opinion held by the Supreme Court that the Preamble is a part of the Constitution is in consonance with the opinion of the founding fathers of the Constitution. 
• However, two things should be noted: 
  • The Preamble is neither a source of power to the legislature nor a prohibition upon the powers of the legislature.
  • It is non-justiciable; that is, its provisions are not enforceable in courts of law.
  • Preamble is a part of the Constitution but has no legal effect independently of other parts.

Amendability Of the Preamble

Debate: The Kesavananda Bharati Case (1973) ignited the debate on whether the Preamble falls under the purview of Article 368’s amendment power. 

• Integral to the Constitution: While the Preamble was acknowledged as an integral part of the Constitution, the Supreme Court recognized the need for flexibility in its modification. 
  • It overturned its previous stance in the Berubari Union case (1960) and affirmed that the Preamble can be amended, provided it doesn’t compromise the Constitution’s ‘Basic of the structure of the Constitution’. 
• Amendment of the Preamble in 1976: The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act, adding three new words–Socialist, Secular, and Integrity–to the Preamble. This amendment was held to be valid.

Limitations of the Preamble in Jurisprudence

Lack of Substantive Governmental Power: It is essential to note that the Preamble does not serve as a source of substantive governmental power and does not impose limitations on the Executive, Legislature, or Judiciary.

• Non-Enforceable in Courts: The Preamble cannot override explicit Constitutional provisions and lacks enforceability in courts. The Preamble helps when the Constitution is ambiguous.

Conclusion

The Preamble has continually guided India’s progress towards social, political, and economic ideals. While significant strides have been made, achieving the Preamble’s goals requires sustained focus and effort. As a beacon of democratic principles, the Preamble will continue to inspire India’s journey toward justice, equality, and fraternity.

DOWNLOAD PDF