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Is the Preamble Part of the Indian Constitution?

Is the Preamble Part of the Indian Constitution?

Ritika Tikku October 12, 2023 10 Minutes


 Is the Preamble Part of the Indian Constitution

Introduction

The Preamble to the Indian Constitution is a succinct, yet profound, statement that encapsulates the vision and ideals of the nation's founding fathers. It begins with the powerful words, "We, the people of India," and goes on to declare the principles of justice, liberty, equality, and fraternity. However, there has been a longstanding debate on whether the Preamble holds the same legal status as the other parts of the Constitution. In this blog, we will delve into the complex question of whether the Preamble is an integral part of the Indian Constitution or merely a guiding preamble.

The Preamble: A Brief Overview

The Preamble serves as the opening statement to the Indian Constitution. It was adopted on January 26, 1950, the same day the Constitution came into force, and it outlines the philosophy and objectives that the Constitution seeks to achieve. The Preamble is the very essence of the Constitution, reflecting the aspirations of the people of India and the core values that underpin the country's governance.

The Preamble's Provisions

The Preamble to the Indian Constitution comprises several key provisions that set the tone for the entire Constitution:

  1. We, the people of India: The Preamble starts with this significant phrase, emphasizing the sovereignty of the people and the democratic nature of the Indian state.
  2. Justice: The Preamble commits to securing justice, which encompasses social, economic, and political justice. It underscores the idea that everyone in the country is entitled to a fair and equitable treatment under the law.
  3. Liberty: The Preamble guarantees liberty to every citizen, ensuring that individuals have the freedom to think, express, and act without undue restraint.
  4. Equality: Equality, in all its dimensions, is enshrined in the Preamble. It promotes social, economic, and political equality, while also ensuring there is no discrimination on grounds of religion, race, caste, sex, or place of birth.
  5. Fraternity: Fraternity, the sense of brotherhood and unity among all citizens, is a core value in the Preamble. It promotes a harmonious and integrated society.
  6. Securing to all its citizens: The Preamble commits to securing these values to every citizen of the country, irrespective of their background or circumstances.

Debate on the Preamble's Status

The central question in the debate over the Preamble's status revolves around whether it is an integral part of the Constitution or not. Several arguments have been presented on both sides of the debate, and to understand the issue more comprehensively, we'll explore these arguments.

The Preamble as a Non-Justiciable Introduction

One perspective argues that the Preamble is a non-justiciable introduction to the Constitution, serving a purely preambulatory role. Those who hold this view contend that the Preamble does not confer any legal rights or obligations and is not subject to judicial review. Here are some key points supporting this stance:

  1. Not Enforceable: The Preamble does not contain any specific provisions or enforceable rights. It articulates the broad principles and objectives of the Constitution but does not provide any mechanisms for their enforcement.
  2. Not Amenable to Amendment: While the Preamble cannot be amended under the provisions of Article 368 of the Constitution, it can be altered by a constitutional amendment, as demonstrated by the 42nd Amendment Act, 1976, which added the words "socialist" and "secular" to the Preamble.
  3. No Independent Legal Force: Proponents of this view argue that the Preamble has no independent legal force. It merely sets the stage for the Constitution's substantive provisions.

The Preamble as an Intrinsic Part of the Constitution

On the other side of the debate, many legal scholars and experts argue that the Preamble is an intrinsic part of the Constitution and possesses a significant legal status. Their arguments include:

  1. Constitution's Key to Interpretation: The Preamble serves as the key to interpreting the Constitution's provisions. It provides the context and spirit in which the Constitution was framed and can be used to resolve ambiguities in the text.
  2. Foundation of Constitutional Philosophy: The Preamble articulates the foundational values and principles on which the Constitution is built. It emphasizes the commitment to justice, liberty, equality, and fraternity, which are the guiding principles of the Constitution.
  3. Relevance in Judicial Decisions: The Preamble has been invoked in several landmark judgments by the Indian Supreme Court. For instance, in the Kesavananda Bharati case, the Supreme Court held that the Preamble is a part of the Constitution and can be used as a reference point for interpreting its provisions.
  4. 42nd Amendment Controversy: While the 42nd Amendment Act added the words "socialist" and "secular" to the Preamble, the Supreme Court, in the Kesavananda Bharati case, clarified that these amendments do not alter the basic structure of the Constitution. This reaffirmed the Preamble's significance in guiding constitutional interpretation.

Balancing Act

In practice, the Indian Supreme Court has sought to strike a balance between the two views. It has acknowledged the Preamble's importance in interpreting the Constitution but has refrained from treating it as a source of justiciable rights. Instead, the Court has emphasized that the Preamble can be used as a tool for understanding the Constitution's intentions and objectives.

The Preamble's Significance in Constitutional Interpretation

Over the years, the Preamble has played a crucial role in shaping constitutional interpretation. The Indian Supreme Court has frequently cited the Preamble to resolve disputes and clarify constitutional provisions. Some significant instances of the Preamble's use in judicial decisions include:

  1. Basic Structure Doctrine: The Preamble was instrumental in the formulation of the basic structure doctrine, which establishes certain core features of the Constitution that cannot be altered by constitutional amendments. The Preamble's values are an integral part of this basic structure.
  2. Kesavananda Bharati Case: In the landmark Kesavananda Bharati case, the Supreme Court reaffirmed the Preamble's importance in interpreting the Constitution. It held that while the Preamble is not enforceable in a court of law, it is an integral part of the Constitution.
  3. Minerva Mills Case: In the Minerva Mills case, the Supreme Court emphasized that the Preamble's ideals and values are the guiding principles for interpreting the Constitution. It also reaffirmed the principle that amendments should not alter the Constitution's basic structure, including the Preamble's core values.

Conclusion

The debate over whether the Preamble is a part of the Indian Constitution is not merely an academic one; it has practical implications for the interpretation and evolution of the Constitution. While the Preamble does not confer justiciable rights, it cannot be dismissed as a mere preambulatory statement. Instead, it is a crucial component of the Constitution that articulates its foundational values and principles.

In essence, the Preamble serves as the moral and philosophical compass for the Constitution, guiding the nation's journey toward justice, liberty, equality, and fraternity. The Indian Supreme Court's stance, as reflected in various landmark judgments, acknowledges the Preamble's significance in constitutional interpretation.

As India continues to evolve, the Preamble remains a timeless reminder of the nation's aspirations and the principles on which it was built. Regardless of its legal status, the Preamble continues to inspire and guide the nation's constitutional journey.