To interpret the Constitution, one should know the preamble, in the project we see the view of makers of constitution, while framing the constitution.

1. 1
“ROLE OF PREAMBLE IN THE INTERPRETATION OF CONSTITUTION”
Jai Narain Vyas University, Jodhpur
S.M.K Campus (Law Faculty)
(Five Years’ Integrated Law Course)
Academic Project Submission 2014-15
Submitted To: Submitted By:
Mr. Sandeep K Bohra
B.B.A LL.B. SEM III
Project Submitted on: / /
Mr.Navneet Thanvi

2. 2
Preface
Role of Preamble in the interpretation of Constitution is
not a mere project report, but it concretes the invulnerable
value of preamble, that supplements and nourish the core
objective or structure of The Constitution. It ensures the
basic fundamental structure, as purporated from very
beginning of constitution.
Though the preamble of the Constitution of India does not
constitute an operative part of the Indian constitution, yet
it serves several important purposes. It explains the ideals
and objectives of the constitution.
The Preamble to a Constitution embodies the
fundamental values and the philosophy, on which the
Constitution is based, and the aims and objectives,
which the founding fathers of the Constitution
enjoined the polity to strive to achieve. The importance
and utility of the Preamble has been pointed out in several
decisions of the Supreme Court of India.
The Preamble to our Constitution serves, two purposes:
(a) It indicates the source from which the constitution derives its
authority.
(b) It also states the objects which the constitution seeks to
establish and promote.

3. 3
Acknowledgement
The Project on “Constitutional Law of India”, is do hereby
submitted to the Law faculty of Jai Narain Vyas
University, Jodhpur.
And it is purposely consecrate to the Respected Professor
Mr. and honourable Dean of the
faculty Mr. R.K Sinha.
I have tried out best not to fall into lapses of the subject
matter and the language but errors the habit of creeping in
inadvertently. I hope that You and my fellow classmates,
friends will help me in making the project more useful.

4. 4
Index
Names Of Topics
1. Introduction…………………………………………. 05
1.1. Meaning of Preamble……………………………. 05
1.2. History of Preamble……………………………… 06
1.3. The Preamble of the Constitution…………….. 07
1.4. Object and Scope of the Preamble……………. 08
Kesvananda Bharti Case……………………….. 09
2. Contents of Preamble……………………………… 10
2.1. We The People of India…………………………. 10
2.2. Features of Preamble……………………………. 11
3. Interpretational value of Preamble……………... 14
3.1. Preamble as Projector of ‘Desired Established
State’………………………………………………… 14
3.2. Preamble as an aid to interpretation of other
statutes……………………………………………… 15
3.3. Preamble as provider of Authority to Indian
Constitution……………………………………….. 16
4. Conclusion…………………………………………… 17
5. Bibliography…………………………………………. 18

5. 5
Chapter 1
Introduction to the Preamble
After the attainment of independence the people of India
were looking for a government of their own to fulfill the
aspirations they had cherished during the freedom struggle. As
the leaders had promised that after the independence India will
have a government based on the ideas of democracy and
justice, it was hence, necessary to give a proper shape to these
ideas and ideals.1 These were enshrined by the Constituent
Assembly in the Constitution of India.
The Constitution is the documentation of the founding faiths of a
nation and the fundamental directions for their fulfillment. So
much so, an organic, not pedantic, approach to interpretation,
must guide the judicial process. The healing art of harmonious
construction, not the tempting game of hair-splitting promoters the
rhythm of the rule of Law.2
1.1. Meaning of Preamble
Preamble means a preliminary or introductory statement,
especially attached to a statute or constitution setting forth its
purpose.3 Preamble is introductory part of the Constitution.
The constitution of India opens with Preamble. The Preamble
to a constitution is expected to embody the fundamental value
and the philosophy on which the constitution is based and the
aims and objectives which the founding fathers enjoined the polity
to strive to achieve. Therefore, it is also regarded as the key to
open the mind of the makers of the Constitution which may
show the general purposes for which they made several
provisions in the Constitution.
1
Making of the Constitution: The Preamble and Political Philosophy, URL: http://nos.org317courseEL-
4%20THE%20PREAMBLE%20AND%20POLITICAL%20PHILOSOPHY.pdf
2
Fatehchand v. State of Maharashtra , AIR 1977 SC 1825 at 1827 : 1977 (2) SCR 828 : (1977) 2 SCC 670.
3
Oxford Dictionary of Law, Oxford university Press, New York, p.416

6. 6
1.2. History of Preamble
The Preamble to Indian constitution is based on “ Objective
Resolution” of Nehru. Jawaharlal Nehru introduced objective
resolution on December 13, 1947 and it was adopted by
Constituent assembly on 22 January 1947.
The Objective Resolution read as follows: 4
A. This Constituent Assembly declares its firm and solemn resolve to proclaim
India as an Independent Sovereign Republic and to draw up for her future
governance a Constitution;
B. WHEREIN the territories that now comprise British India, the territories
that now form the Indian States, and such other parts of India as are outside
British India and the States as well as such other territories as are willing to
be constituted into the Independent Sovereign India, shall be a Union of them
all; and
C. WHEREIN the said territories, whether with their present boundaries
or with such others as may be determined by the Constituent Assembly
and thereafter according to the law of the Constitution, shall possess
and retain the status of autonomous Units, together with residuary powers
and exercise all powers and functions of government and administration, save
and except such powers and functions as are vested in or assigned to
the Union, or as are inherent or implied in the Union or resulting there from;
and
D. WHEREIN all power and authority of the Sovereign Independent
India, its constituent parts and organs of government, are derived from the
people; and
E. WHEREIN shall be guaranteed and secured to all the people of India
justice, social economic and political : equality of status, of opportunity, and
before the law; freedom of thought, expression, belief, faith, worship,
vocation, association and action, subject to law and public morality; and
F. WHEREIN adequate safeguards shall be provided for minorities, backward
and tribal areas, and depressed and other backward classes; and
G. WHEREBY shall be maintained the integrity of the territory of the Republic
and its soverign rights on land, sea, and air according to justice and the law of
civilized nations; and
4
Retrieved from http://parliamentofindia.nic.in/ls/debates/facts.htm on 29 October 2014 at 8:56 pm

7. 7
H. This ancient land attains its rightful and honoured placed in the world and
make its full and willing contribution to the promotion of world peace and the
welfare of mankind.
The drafting committee of the assembly in formulating the Preamble in
the light of “Objective Resolution” felt that the Preamble should be
restricted to defining the essential features of the new state and its
basic socio-political objectives and that the other matters dealt with
Resolution could be more appropriately provided for in the substantive parts
of the Constitution.
The committee adopted the expression ‘Sovereign Democratic Republic’ in
place of ‘Sovereign Independent Republic’ as used in the “Objective
Resolution,” for it thought the independence was implied in the word
Sovereign. The committee added word Fraternity which did not occur in the
Objective Resolution. “The committee felt that the need for fraternal concord
and goodwill in India was never greater than now and that this particular
aim of the new Constitution should be emphasized by special mention in
the “Preamble.”5
1.3. Preamble of the Constitution
“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India
into a SOVEREIGN SOCIALIST6 SECULAR7 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.”
5
Retrieved from http://www.ambedkar.org/ambcd/63A2.Dr.%20Ambedkar's%20Entry%20into%20the%
20CA.htm on 29 October 2014 at 9:19 pm
6
Inserted by the Constitution (42ndamendment) Act, 1976
7
Inserted by the Constitution (42ndamendment) Act, 1976

8. 8
1.4. Object and Scope of the Preamble
The Constitution of India has an elaborate Preamble. The purpose
of Preamble is to clarify who has made the Constitution, what is its
source, what are ultimate sanctions behind it; what is the nature
of the polity which is sought to be established by the constitution
and what are its goals and objectives?
The Preamble does not grant any power but it gives a
direction and purpose to the Constitution. It outlines the
objectives of the whole Constitution. The Preamble contains the
fundamentals of the constitution. The preamble to an Act sets out
the main objectives which the legislation is intended to achieve.8
The Preamble to our Constitution serves several purposes:
a) It contains the enacting clause which brings the Constitution
into force.
b) It declares the great rights and freedoms which people of India
intended to secure to all its citizens.
c) It declares the basic type of government and polity which is
sought to be established in the country.
d) It indicates the source from which our Constitution derives its
authority.
Preamble indicates ultimate source for the validity of and the
sanction behind the constitution is will of the people. Thus the
source of the Constitution are the people themselves from
whom the Constitution derive s its ultimate sanction. This
assertion affirms the Republican and Democratic character of
the Indian polity and Sovereignty of the people. The People of
India thus constitute the sovereign political body who hold the
ultimate power and who conduct the government of their elected
representatives.
8
Subba Rao. C.J., in I.C. GolakNath v. State of Punjab, AIR 1967 SC 1643

9. 9
Landmark case of “Kesvananda Bharti vs. State of Kerela”
Kesavananda Bharti case9 has created history. For the first
time, a bench of 13 judges assembled and sat in its original
jurisdiction hearing the writ petition. Thirteen judges placed on
record 11 separate opinions. To the extent necessary for the
purpose of the Preamble, it can be safely concluded that the
majority in Kesavanada Bharati case leans in favor of holding,
(i) That the Preamble to the Constitution of India is a apart of
Constitution;
(ii) That the Preamble is not a source of power or a source of
limitations or prohibitions;
(iii) the Preamble has a significant role to play in the
interpretation of statutes, also in the interpretation of
provisions of the Constitution.
Kesavanada Bharati case is a milestone and also a turning point in
the constitutional history of India. D.G. Palekar, J. held that the
Preamble is a part of the Constitution and, therefore, is amendable
under Article 368. He termed submission that the Fundamental
Rights are an elaboration of the Preamble, as “an overstatement
and half- truth”. Undoubtedly, the Constitution is intended to be a
vehicle by which the goals set out are hoped to be reached.
It can be concluded that Preamble is introductory part of our
Constitution. Preamble is based on the Objective Resolution of
Nehru.
Preamble tells about the nature of state and objects that
India has to achieve. There was a controversial issue whether
Preamble was part of Indian Constitution there were number of
judicial interpretation but finally Kesavanada Bharati case it was
held that the Preamble is a part of the Constitution.
9
(1973) 4 SCC 22

10. 10
Chapter 2
Contents of Preamble
Preamble is part of our constitution. The contents of Preamble
play an important role in interpretation of our constitution. The
Preamble to an Act sets out the main objectives which he
legislation is intended to achieve.10
It contains in a nutshell the ideals and aspirations of the Act. It is a
sort of introduction to the statue and many a times very helpful to
understand the policy and legislative intent. It embodies in a
solemn form all the ideals and aspirations for which the
country had struggled during the British regime.11
2.1. We the People of India
The Constitution, as its preamble states, is a creation of the
will of “the People of India” who have, as the preamble
enunciates, solemnly resolved to constitute India into a
“Sovereign Democratic Republic.” The idea of sovereignty
involves freedom from all foreign control or domination. The idea
of democracy involves freedom from all internal control or
domination. Both ideas combined together reassert the sovereignty
and paramountacy of the people’s will over everything.12
The words “we the people” indicate that the people of India are the
source of authority behind the Constitution. The opening words of
the preamble ('we the people of India') emphasize the ultimate
authority of the people from whose will the constitution emerges.
Since the Constituent Assembly enacted and adopted the
constitution in the name of the people of India, the question
has been asked whether the Assembly was really representative of
the people of India.
10
Golak Nath v. State of Punjab , AIR 1967 SC 1643
11
Shehlat and Grover,JJ.,in Keshavananda Bharti v. State of Kerela, AIR 1973 SC 1461
12
P.K.. Majumdar & R.P Kataria, , Commentary on the Constitution of India, Volume 1,OrientPublishing
Company, Allahabad, 2013, p.192.

11. 11
2.2. Features of Preamble
The very first sentence of the preamble declares India to be a
Sovereign Socialist Democratic Republic.
Sovereign:
The term ‘sovereign’ implies that India is internally supreme and externally
free. State authority of India is supreme over all men and all associations
within India’s territorial boundary. This is India’s internal sovereignty.
Externally India is free from all external controls.
India’s membership of the commonwealth or of the United Nations does not
impose any external limit on her sovereignty. The Commonwealth is a free
association of sovereign Nations. It is no longer British Commonwealth. India
does not accept the British Queen as the head of state. As Nehru pointed out,
India joined the commonwealth by her “free will.” As for the U.N. it is not a
super state but club of free nations. Membership of the U.N. in no way limits
the authority of sovereign states. On the other hand, this membership is a
mark of sovereignty of state, for only sovereign states are admitted to the
membership of the United Nations.
Socialist:
The term Socialist has been inserted in the Constitution of India by 42nd
Amendment Act, 1976. Even prior to this amendment the idea was implicit
in the constitution, in the form of directive principles of state policy and
in the words of Preamble, 'Justice social, economic and political' as well as
'Equality- of status and opportunity.' General meaning of socialism implies the
control of state over the means of production. In the context of Indian
constitution, we can say our move is for democratic socialism and not for
provided communistic socialism. Insertion of this word does not imply any
commitment to a particular economic order.
Secularism:
The word 'secular' has also been added by the 42nd constitution Amendment
Act, 1976. It highlights that the state shall have no religion of its own and all
persons shall be equally entitled to freedom of conscience and right freely to
practice and propagate religion.
The provisions of right to freedom of religion ensuring freedom of conscience
and free profession, practice and propagation of religion, freedom to
manager religious affairs and right to equality clearly implied that India is a
"secular Republic”. The Preamble reflects the way of life adopted by Indian

12. 12
citizens for themselves after independence. In fact every civilization has also
been a mirror of way of life as well as reflecting movement of human spirit.
Religion in each civilizastion has indicated about the faith of human beings in
absolute values and a way of life to realize them.
Democratic:
Democracy is a form of government in which people are governed by
their own elected representatives. It is a government of the people, for the
people and by the people. In this system of government, it is the people who
are supreme and sovereign. They control the government. They are free to
elect a government of their own choice.
Freedom of choice is the core of democracy .India is 'democratic', as it
has chosen a representative and responsible system of government under
which those who administer the affairs of the state are elected by the
electorate and accountable to them.13
Republic:
The term republic is used in distinction to ‘monarchy’, in other words
India is a republic because the head of the state is not a hereditary
monarch. Hence, in India the head of the state is not a hereditary positions as
seen in the case of queen of England; the head of the state in India is an
elected person elected by the citizens of India. The constitution of India sets
up in India a ‘republican form of government’, in which, the ultimate
power resides with the body of people, enfranchised by universal adult
franchise. The president is the executive head of the state, is elected by the
people and holds office for the term of five years’.14
Other Features of Preamble:
Justice: The term justice briefly speaking is the harmonious reconcilement of
individual conduct with the general welfare of the society. An act or conduct
of a person is said to be just if it promotes general well being of the
community. The constitution of India professes to secure to its citizens; Social
justice, Economical justice and Political justice.
13
The Great Indian Democracy – Shantanu Sahay
14
M.P. Jain, Indian constitution , Mahabir Prashad Jain, New Delhi, 2012, p.46

13. 13
Liberty: Liberty has been derived from Latin word ‘liber’ which means free.
The term ‘liberty’ is used in both positive as well as negative sense. As a
negative concept liberty means the absence of all undue or arbitrary
interference with individual’s action on the part of the state. In positive
sense, liberty comprises of liberties or rights which are considered
essential for an individual to attain his potentialities and for the
perfection of national life. The constitution of India professes to secure
liberty of thought, expression, belief, faith and worship, which are regarded
essential to the development of the individual in the nation.
Equality: Equality of status and opportunity is secured to the people of India
by abolishing all distinctions or discriminations by the state, between
citizen and citizen , on the ground of race ,religion, caste, sex or place of
birth and by throwing open ‘public places’ to all the citizens. The constitution
also abolishes untouchability and titles by Article 17 and 18 respectively .this
helps in securing equality of opportunity in matters of employment or
appointment to any office under the state under article 16 of the Constitution.
Fraternity: Fraternity means feeling of brotherhood, brotherliness, a feeling
that all people are children of the same soil, the same motherland. There is no
provision in the constitution which reflects ‘fraternity’ as an object. However
there are provisions in the constitution such as common citizenship, the right
of the citizen to move freely, to reside and settle in any part of the territory of
India etc., which generate there spirit of brotherhood.15 of the Nation sounds
the concern of the founding fathers of the Constitution regarding the
maintenance of the Independence of the nation as well as the success of the
democracy in India. Therefore, while securing rights and freedoms for the
individuals, they incorporated in the Constitution elaborate provisions
conferring on the powers in the form of emergency provisions as to help
contain any forces threatening and endangering the unity and integrity of the
country. India has been declared as a Union of States and is intended to put
an end to the separatist tendencies.
15
Shiva Rao, the Framing of the Indian Constitution, N.M. Tripathi Pvt. Ltd., Bombay, 1967, III, 510, cited in
Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2013,p 34

14. 14
Chapter 3
Interpretational Value of Preamble
The Preamble of Indian Constitution reflects the basic
structure and the spirit of the Constitution. It is regarded as
the preamble serves as a channelizing tool for the interpretation of
the constitution as a whole. The preamble acts as the preface of
the constitution of India and lays down the philosophical ideas. It
represents the entire constitution in its written words. It contains
the basic structure of the constitution and thus considered to
be a vital part.
3.1. Preamble as Projector of ‘Desired Established State’
The Preamble proclaims the solemn resolution of the people
of India to constitute India into a 'Sovereign socialist, secular
democratic republic. The Preamble was adopted with the
constitution in the constituent assembly. It came into effect in 1950
along with the constitution. The original draft of the constitution
opened with the words ‘Sovereign Democratic Republic’ in the first
line.
The words ‘Socialist and Secular’ were inserted by the 42nd
amendment in 1976. The same amendment contributed to the
changes of the words unity of the nation into unity and integrity of
the nation. The significance of the preamble of Indian constitution
lies in the ‘We the People’. These words emphasizes that the
ultimately the powers are vested in the hands of the people of
India. The expression state that the constitution is made by
and for the people of India. In addition to that the preamble
also lays down the essential national goals for every citizen justice,
liberty, equality and fraternity.
According to the preamble of the constitution of India, the word
Sovereign occupies a vitall role in the country. It means supreme
or independent and embodies India is internally and externally
sovereign and is free from the control of any foreign power.

15. 15
Furthermore, the country has a free government which is directly
elected by the people and makes laws that govern the people.16
The word Socialist also has enormous significance as it implies
economic and social equality. The word was added by the 42nd
amendment act 1976 during the emergency.17 In addition to
that Social equality identifies the absence of discrimination on
the grounds only of caste, colour, creed, sex, religion or
language. Besides, social equality has equal status and
opportunities. The preamble also guarantees secularism.18
The word Secularism was also inserted into the preamble by
the 42nd amendment act1976. Secularism implies equality of all
religions and religious tolerance and does not identity any state
religion. The preamble of Indian Constitution also puts forth
the words Democratic and Republic. India follows a
Democratic form of government. The people of India elect their
government at all levels such as Union, State and local by a
system of universal adult franchise. India is also a Republic, in a
country where the head of the state is elected directly or indirectly,
for a fixed tenure. The president of India is the titular head of the
state. Thus, the preamble plays a pivotal role and serves two
important purposes including and indicate to the source from
which the constitution derives its authority and stating the objects,
which the Constitution seeks to establish and promote.
3.2. Preamble as Interpreter of Legislation and statutes:
The Constitution of India starts with a preamble which
contains the spirit of the constitution and every legislation
framed is in conformity with the spirit of the preamble and
thus the constitutionality and objects of the statutes are tested.
The preamble also bears the aims and objectives that the people of
India seek to establish with the establishment of Indian
Constitution , any legislation made is made with the purpose and
16
Retrieved from http://www.indiastudychannel.com/resources/47070-constitution-India.aspx on 30
October 2014 at 10:12 am
17
Fourty-second Amendment Act to the Indian Constitution, 1976
18
Retrieved from http://www.indianetzone.com/40/preamble_indian_constitution.htm on 31 October 2014
at 10:45 am

16. 16
in accordance with the objectivity of the preamble itself. So,
‘Preamble is the Legislation in anutshell’. It is a preparatory
statement. It contains the recitals showing the reason for
enactment of any legislation and prevents the legislation to fall in
the arms of ambiguity.
In Kashi Prasad v. State of UP19 the court held that even
though the preamble cannot be used to defeat the provisions of
the legislation itself, but it can be used as a vital source in making
the interpretation of the legislation.
3.3. As provider of Authority to the Indian Constitution:
The preamble to the constitution of India begins with ‘We the
People of India’, thus conferring that the authority of the
constitution lies in the people of India, who have themselves led to
the enactment of constitution for their own governance.
The provision of the constitution of India cannot be overridden by
the Preamble.
In Re Berubari20, the Supreme Court held that the Preamble
was not a part of the constitution and therefore it could not be
regarded as a source of any substantive power.21
19
AIR 1950 All 732
20
AIR 1960 SC 845, 1960 3 SCR 250
21
Retrieved from http://www.indiankanoon.org/doc/1120103/ on 30- October 2014 at 10:11am

17. 17
Chapter 4
Conclusion
The Constitution of India begins with a Preamble. The Preamble
contains the ideals, objectives and basic principles of the
Constitution. The salient features of the Constitution have evolved
directly and indirectly from these objectives which flow from the
Preamble. Preamble is an introductory statement, stating the
aims and objectives of the constitution. Accordingly, the
preamble to the Indian constitution spells out the basic philosophy
contained in the body of the Indian Constitution. The Preamble is
so important because it highlights the type of society and
government it wishes to establish. The preamble does not contains
any law that can be enforced in the court of law but no law can be
enacted or amended in a manner that it violates the spirit of
Preamble.22
In conclusion I would like to just say that this is very true that
preamble is the basic part of any document and it is but obvious to
our constitution because it is the supreme law of our country,
but Is it true that our constitution is so complete and perfect. As
we all knows that we have more than 98 amendments in our
constitution. So before making any basic structure we have to first
finalise the structure and the provisions of our constitution. And
another thing is that if it is the part of our constitution or the basic
structure of it then why we need these many cases or judicial
reviews to finalise its existence. According to me the preamble is
the topic which gives its status from the very beginning when any
document, act or provision enacted. It gives the overview of that
particular act so we can easily take the idea of what the act is all
about. In constitution we can say that this plays a very big role to
understand the provisions of the constitution. So if something
plays a great role to understand the provision of any act then how
that thing cannot be the part of it, and what is the other thing
which talks about the preamble as the part of our constitution .this
is the only answer to that according to me.
22
Retreived from “Essay on the preamble of Indian constitution”, http://www.preservearticles.com , 01
November 2014 at 10:17pm

18. 18
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3. Singh, Mahendra P., Constitution of India . , Eastern Book
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2. http://www.indiastudychannel.com
3. http://www.indianetzone.com
4. http://www.indiankanoon.org
5. http://www.legalserviceindia.com
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