2. Preamble is the most precious part of the
Constitution. It is the soul of the Constitution. It is
the key to the constitution……………… It is a jewel set
in the Constitution. It is a superb prose poem, nay ,
it is a perfection itself.
-- Pandit Thakurdas Das Bhargava
3. Preamble is a sort of introduction laying down the objectives
and purposes sought to be achieved through a statute.
Every Act starts with preamble – one of the exceptions is the
Government of India Act, 1935 for which there is no preamble.
Not much importance is given to the preamble of ordinary
statute
Among the world constitutions the Preamble of the Indian
Constitution occupies a pride place as the long cherished
dreams and aspirations of the ‘father of the nation’ and
founding fathers are succinctly crystalized in the preamble.
The preamble indicates the source of the power, goals and
values of the constitution, the nature of the state, the rights
secured to the citizens and enacting clause .
4. The words, ‘socialist’, ‘secular’ and ‘integrity’ were inserted by the
Constitution (42nd Amendment ) Act, 1976
5. Erroneous decision in In re Berubari Union Exchange of
Enclaves, AIR 1960 SC 845 that it was not a part of the
Constitution.
However, taking into account the framing of the
Constitution the Supreme court in Keshavananda Bharathi
Vs. State of Kerala AIR 1973 SC 1461 ( F.Rts Case) held that
preamble stands part of the Constitution.
Certain provisions of the constitution which were
transitory came into operation on 26th November 1949.
one member suggested that preamble also may be
brought into force on that day. This proposal was rejected
and it was observed that the preamble as a part of the
constitution should come into force along with other
provisions on 26th January 1950.
6. Role of the Preamble in the interpretation of the Constitution:
※There are well settled principles regarding the role of the
preamble in the interpretation of a statute
※Preamble is a part of the Constitution
※But it may be used to understand the provisions of the
statute if they are clear and unambiguous.
7. The Supreme Court Inre Berubari Union Exchange of Enclaves AIR
1960 S C 845 observed, Preamble is a key to open the minds of the
makers which may show the general purpose for which they made
several provisions in the constitution
In Keshavananda Bharathi’s 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.
In Randhir Singh Vs Union of India 1982, 879 the court relied on the
preamble in its interpretation of Art.14 and 16 and read equal pay
for equal work.
(Similarly in Pradeep Jain v Union of India, 1984, 1420)
8. Explanation of the terms of the Preamble:
“We the people of India”
Indicates the source of the power – it is the people who are
sovereign
Implies that the member s of the Constituent Assembly were true
representatives of the people.
.
9. The word ‘sovereign’ is derived from the Latin word
‘superanus’ which means ‘supreme’.
A sovereign state is one which is externally and internally free
to formulate its own policies – there is no authority over and
above its authority.
In India the ultimate sovereignty vests with the people
10. “Socialist” :
⃝ The word ‘socialist’ is incorporated by the Constitution
(42nd Amendment Act), 1976.
⃝ The socialistic principle of economic justice is amplified
in the preamble itself, Art. 38 ((1)The State shall strive
to promote the welfare of the people ……
⃝ (2) The State shall, in particular, strive to minimise the
inequalities in income, and endeavour to eliminate
inequalities in status, facilities and opportunities….
⃝ and 39 (b):that the ownership and control of the
material resources of the community are so distributed
as best to subserve the common good and 39(c): that
the operation of the economic system does not result
in the concentration of wealth and means of
production to the common detriment
11. I do not expect India of
dreams to develop one
religion, ie., to be wholly Hindu
or wholly Christian or wholly
Mussalman, but I want it to
be wholly tolerant, with its
religions
working side by side
with one another
I swear by my religion. I will die for it. But it is my
personal affairs. The State has nothing to do with it. The
State would look after my secular welfare, health,
communications, foreign relations , currency and so on,
but not your or my religion.
12. A secular state is one which guarantees individual
freedom of religion , deals with the individual as a
citizen irrespective of his religion, is not
constitutionally, connected to particular religion, nor
does it seek to promote or interfere with religion
- De. Smith
Secular is neither anti God or pro God. It eliminates
God from the matters of state and ensures that no
one shall be discriminated on the of religion. St.
Xavier College Vs State of Gujarat AIR 1974 SC 1389
13. Indian Constitutional principles
depicting Secularism
Preambular Aspiration
Right to equality Art.14, 15, 16
Essence of Freedom of Religion Art. 25-28
Minority Rights Art.30
Uniform Civil Code Art. 44
Prohibition of Cow slaughter under DPSP
Fundamental duty to sustain communal harmony Art.51A
Basic Structure
14. The word democracy is derived from the Greek words ‘demos’ and
‘kratos’, power of the people.
Bryce – democracy is not a government of the representatives of all
the people but it is the government of the majority of the people.
India opted for parliamentary type of democracy on the lines of
Britain but tried to retain the American flavor by having elected
President.
The head of the state is elected and not hereditary monarch
15. ☼ Social Justice, economic justice and political justice are the primary
goals of the Constitution which are sought to be achieved through
various provisions especially the F,.Rts. And DPSP.
☼ Art.38 provides, the state shall strive to promote the welfare of the
people ….
☼ Social justice is also envisaged through various articles under part III
with special reference to Art. 14-18 and 21
16. Freedom of expression is guaranteed under Art.19(1)(a) with
limitations under Art.19(2) – Art. 21 provides for ‘life’ and
‘personal liberty’ - the scheme of religious freedom u/Art.25-28
exemify belief faith and worship.
17. ►Art. 14 – 18 deal with equality
►Equality is an aspect of justice
►It is difficult to define equality, though one may be able to
understand it.
►When a person or group of persons are in a position to
dominate the will of the other there arises inequality
►When they go beyond permissible limits of the law they are
questioned
►It implies lack of arbitrariness – observance of principles of
naturel justice etc.
18. Brotherhood is sought to be inculcated through the constitution !
Dignity and worth of the human being is a part of the
constitutional culture with special reference to At.21
Unity and Integrity
• The words and integrity were inserted by the Constitution (42nd
Amendment Act, 1976)
• Art.19 places restrictions on that ground.
