THE PREAMBLE OF THE CONSTITUTION || SIGNIFICANCE OF THE PREAMBLE

THE PREAMBLE OF THE CONSTITUTION

The American Constitution was the first to begin with a preamble. Many countries, including India fallowed this practice.

            The preamble is a sort of preface or introduction to an act of parliament or a constitution. Mr N.A Palkhiwals has significantly described it as an “Identity card of the constitution” It has been also described as the “key to the constitution” It will be seen that the ideal embodied in the objective Resolution, is faithfully reflected in the objective Resolution, is faithfully reflected in the preamble to the constitution. It has been amended by  the 42^nd constitutional Amendment Act (2976), which added three new words Socialist, Secular and Integrity.

THE PREAMBLE OF THE CONSTITUTION

The preamble of the constitution of India reads:       “WE THE PEOPLE OF INDIA, havin solemnly resolved to constitute India in to a SOVEREIGN, SOCIALIST, SECULAR, 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 opportunity: and to promote among them all. FRATERNITY assuring the dignity of the individual and the unity and integrity of the Natiion. IN OUR CONSTITUENT ASSMBLY this twenty sixth of November 1949 do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THE CONSTITUTION.

 

Essential ingredients of the preamble

Readubg through the preamble, one can see the purposes that ir serves, namely the declaration of

1.       The source of the constitution: The opening and closing words of the preamble, “we the people of India…. Adopt, enact and give to ourselves this constitution” convey that the constitution emanated from the people and the sovereignty under the constitutions emphasise the same principle.

2.       Type of government : The polity (type of government assured to the people of India by the constitution is described in the preamble as a Sovereign Socialist, Secular, Democratic & Republic.

3.       Objectives of the political system : The preamble proceeds future to define the objectives of the Indian political system. These obhectives are four in number : Justice, Liberty, Equality and Fraternity.

4.       The date of its adoption and enactment : The Last part of the preamble mentions the date, that is twenty sixth day of November, 1949 on which the constituent assembly adopted, enacted and gave this constitution to the nation.

The preamble came into force only on January 26, 1949, but the said proposal was rejected.

SIGNIFICANCE OF THE PREAMBLE

The significance of the preamble so beautifully worded by the founding fathers received its best tribute from distinguished political scientist and constitutional experts. The preamble is like a ”Jewel” set in the constitution. Commenting the beautiful form in which the preamble is couched, one of the members Pandit Thakurdas Bhargava in the constituent Assembly rose to poetic part of the constitution. It normally expresses the political, moral and religious values which the constitution is intended to promote. It embodies the spirit of the Indian people to unite themselves in a common adventure of  building up a new and independent nation which will ensure of Justice, Liberty, Equality, and fraternity. It outlined, the essentials of the constitution, which was to be framed by the constitution, thus laid down what K. M. Munshi called “The horoscope of our Sovereign Democratic Republic.

PREAMBLE AS A PART OF THE CONSTITUTION

One of the controversies about the preamble is as to whether it is a part of the constitution or not.

                In the Berubari union case (1960) the supreme court said that the preambles shows the general purposes behind the several provisions in the constitution, ande is thus a key to the minds of the makers of the constitution. Further where the terms used in any article are ambiguous or capable of more than one meaning some assistance at interpretation may be taken from the objectives enshrined in the preamble. Despite this recognition of the significance of the preamble, the supreme court specially opined that preamble is not a part of the constitution.

                In the Keshavananda bharathi case (1973), the supreme court rejected the earlier opinion and held that preamble is a part of the constitution.

In the Minvar mills case (1980), The supreme court given same results as a Kesavandnda Bharati case, theat preamble is a part of the constitution, It observed that the preamble is of extreme importance and the constitution should be read and interpreted in the preamble.

In the LIC Of India case (1995) also, the supreme court again held that the preamble is an intefral part of the constitution.

Like any other part of the constitution the preamble was also enacted by the constituent Assembly, but after the rest of the constitution was already enacted the reason for inserting the preamble at the end was to ensure that it was in conformity with the constitution as adopted by the constituent assembly. While forwarding the preamble for votes, the president of the constituent Assembly said, “The constitution is that preamble stands part of the constitution.” The motion was then adopted Heance, the current opinion held by the supreme court that the preamble is a part of the constitution is inh consonanve with amble is a part of the constitution, is in consonance with the opinion of the founding father of the constitution.

However two things should be noted

1.       The preamble is neither a source of power to legislature nor a prohibition upon the power to legislature.

2.       It is non – Justiciable, that is, its provisions are not enforceable in courts of law.

AMENDABILITY OF THE PREAMBLE

The question as to whether the preamble can be amended under Article 368 of the constitution arose for the first time in the historic case of Keshavananda Bharati (1973) The seven judges who constituted the majority in Kesavananda’s case concluded that the power of amnendment conferred by Article 368 was limited and did not enable parliament to alter the basic structure or framework of the constitution.

                The Supreme Court however held that the preamble is a part of the constitution. The court stated that the opinion tendered by it in the Beribari Union 1960 in this regard was wrong, and held that the preamble can be amended, subject to the condition that no amendment is done to the basic future. In other word that the basic element s or the fundamental features of the constitutions as contained in the pramvle cannot be altered by amendment under Article 368.

                The preamble has been emended only only once so far in 1976, by the 42^nd constitutional Amendment Act, which has added there new words socialist secular and integrity to pramble. This amendment was held to be valid.

                Thus, today the preamble is a part of the constitution it can be amended but its part which defines the basic structure of the constitution cannot be tampered whit.