CONSTITUTIONAL LAW I

PROJECT

PREAMBLE; MEANING,
OBJECTIVES AND
PURPOSES
Team members:
Aparna Asokan
Aparna Babu George
Apoorv K C

The preamble of the constitution is a brief introductory statement which sets out
the guiding purpose and principles of the document. It is the Preamble wherefrom
the constitution commences.
According to Blacks law dictionary, it is The opening portion of any bill or constitution. It generally sets the tone
for all of the goals and the primary purposes of the document.
Preamble is often referred to as the spirit and backbone of the Constitution of
India.
The preamble of the constitution possesses mainly three parts; namely, declaratory,
resolutionary and promissory. According to the text of the preamble, they refer to
different aspects of various objectives and ideologies mentioned in the constitution.
Throughout the years, the preamble has undergone some changes even in the text
and interpretation. For example, as originally enacted the preamble
described the state as a "sovereign democratic republic".
However, in 1976 the Forty-second Amendment changed this to read
Sovereign socialist secular democratic republic.
A better understanding of the text of the preamble is essential for a better
explanation and application of the same. Even though the text of the preamble is
simple on its face, each and every word has been well construed and drafted by the
makers of our constitution.
Firstly, the enacting formula; the enacting words in the preamble which
says
"We, the people of India ...in our constituent
assembly ...do here by adopt, enact and give to
ourselves this constitution",
-signifies the democratic principle that power is ultimately rested in the hands of
the people. It also emphasizes that the constitution is made by and for the Indian
people and not given to them by any outside power. The wording is close to the
preamble to the Constitution of Ireland, which had been adopted in 1937.

The phrase "we the people" emphasizes upon the concept of popular sovereignty
as laid down by J.J.Rousseau. All the power emanates from the people and the
political system will be accountable and responsible to the people. It is clear that
the framers attached importance to sovereignty and supremacy of peoples will
over everything.
A Republic is a form of government in which power is held by the people and
representatives they elect, and affairs of state are a public matter and are derived
from Latin phrase res publica. The republic was envisaged in the preamble as a
form of government of, for and by the people, through their freely elected
representatives. Hence found necessary to qualify the sovereignty of the republic
by the word democratic.
The content of the word democratic in the preamble was made explicit by
emphasizing on the aspects of liberty; without which an independent sovereign
state may well become dictatorial. Here, the government gets authority from the
will of people and rulers are elected by the people and are responsible to them.
The constitution is a sovereign in a juristic sense. Sovereignty in a democratic
country like India theoretically vests in the people and in practice vests in the three
pillars of the constitution. Beg J. has drawn a distinction between political and
legal sovereignty. He held that it is the constitution which is the legal sovereign
although ultimately political sovereignty may and does reside on the people.
The term socialist has been inserted into the preamble by the Constitution 42nd
Amendment Act, 1976. In general, the word means some form of ownership of the
means of production and distribution by the State. The degree of State control will
determine whether it is democratic State or Socialistic State.
The concept of socialism as envisaged in the preamble has been well illustrated in
the case D.S. Nakara & Others v. Union Of India on 17 December, 1982.
A secular state is a state which has no religion of its own as a recognized religion
of the state. In such a state, it is only concerned with the relation of man and man
and not with the relation of man and god. The word secular may mean that as far as
state is concerned, it does not support any religion out of public funds, nor does it

penalize the professional practice of any religion or the right to manage religious
institutions.

As early as 1908, Gandhiji wrote in Hind Swaraj as follows,

"India cannot cease to be one nation, because people belonging to different
religions live in it. ... In no part of the world are one nationality and one
religion synonymous terms; nor has it ever been so in India."
In 1945, Pandit Nehru wrote :
"I am convinced that the future government of free India must be secular in
the sense that government will not associate itself directly with any religious
faith but will give freedom to all religious functions."

Secularism has been a concept well rooted in the hearts of the constitution makers
and the great leaders of our country even before the enactment of the constitution.
There is no doubt that it is an integral and inevitable part of the Indian cultural
practice and now considered as a basic feature of the constitution.
The concept of justice as mentioned in the constitution preamble has go three
facets; namely social, economic and political. The essence of it is that without
social justice, constitution will not be able to secure economic justice to people. It
is only citizenry which has been able to secure social justice and economic justice
for all its citizens which would deserve, claim and assert political justice.
Concept of liberty is mentioned in the preamble is of thought, expression, belief,
faith and worship. There can be no expression without thinking. Belief occupies a
place higher than thought and expression. It rests on the liberty of thought and
expression. One who has neither thought, nor expression nor belief is lacking in
faith. Respect for thought, expression, belief and faith of one by another would
give a meaning to worship. Such worship would pose no danger to liberty of one
and all.

Concept of equality as mentioned in the preamble is that of status and opportunity.

Equality of status must preexist in order to enable equality of opportunity.
Inequality of status is a stumbling block in achieving equality of opportunity.
Fraternity refers to spirit of brotherhood. Fraternity cannot be inculcated. It could
only be held forward and furthered. It can be assured only if justice, equality and
liberty are secured. Dignity of individual is prime constituent of fraternity, while
fraternity assures dignity of individual. Unity and integrity of a nation cannot
survive unless the dignity of every individual citizen is guaranteed. The mutual
respect for dignity of other brings about the integrity of the nation.
The keynote of the preamble was to emphasize the positive aspect, the unity of
the nation as much as the dignity of the individual. Dignity was a word of moral
and spiritual import; it implied an obligation on the part of the union to respect the
personality of the citizen and to create conditions in which every citizen would be
left free to find individual self fulfillment.

Objectives of the Preamble

The preamble is the most sacred and studied part of the Indian Constitution. It
forms the opening to the Constitution and sets the tone and benchmark for what is
about to follow. Our Constitution is one of the longest in the world and has been
inspired from many others including Canada, United States of America, Great
Britain, Ireland and France.
There is a part in the Constitution called the Objective Resolution of the
Constitution. It is pretty long. This is the essence of that part:
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
Wherein the said territories, whether with their present boundaries or with such
others as may be determined by the Assembly and thereafter according to the law,
shall possess and retain the status of autonomous units, together 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.

 Wherein all power and authority of the sovereign independent India, its constituent
parts and organs of government, are derived from the people
Wherein adequate safeguards shall be provided for minorities, backward and tribal
areas and depressed and other backward classes.
In these objectives, many amendments and suggestions were made. Some of them
were accepted, others rejected The Objectives Resolution does not form part of the
Constitution. In spite of repeated attempts, the Objective Resolution is distinct
from the Constitution. The Objectives Resolution is guiding light for the
Constitution and for the Preamble.

Background Story
The Objective Resolution is a very important and significant part of the
Constitution. This is well set out in the judgment of the Keshavanada Bharti case.
The harshness with which the executive operated against the British became
precursor for the need for Fundamental Rights. This was already reflected in the
Government of India Act as Declaration of Rights.
This declaration was to embody many significant principles, for instance Equality
before Law. This was followed by the Commonwealth of India Bill. But the real
push for Fundamental Rights came in the form of Rights for Minorities. The
demand for these rights to be incorporated was discussed in all three Round Table
Conferences.It is in this scenario, that the Constitution was formed.
The most apparent objectives of the Preamble was:
1. To constitute India into a sovereign democratic republic
2. To secure to its citizens the rights mentioned therein.
Thus, the Preamble has very sacred and significant objectives of the country in
mind which is why it is important to peruse it.

Purpose of the Preamble

The purpose of the preamble can be studied in 3 dimensions:

Preamble assisting the interpretation of provisions of the Constitution itself;
Preamble as a source of interpretation of statutes framed under the
constitution
The words in the preamble as judicially interpreted and finding reflection in
judicial thinking process

Significance for constitution

As decided in the Berubari Union case,
A preamble to the constitution serves as a key to open the minds of the
makers, and shows the general purposes for which they made several
provisions in the Constitution.
Chief Justice S.M.Sikri, during the course of his judgement in Keshavananda
Bharti v State of Kerala, observed that
The Constitution cannot be interpreted like an ordinary statute but a
Constitution which apart from setting up machinery for the government has a
noble and grand vision. The vision was put in through preamble and carried
out by conferring fundamental rights.

Justice Khanna , in Keshavananda Bharti case opined:

a)

Reference can be made to the preamble for the purpose of construing when
the words of statute are ambiguous and are admitted

b)

The preamble can also be used to shed light on and clarify obscurity in the
language of statutory or constitutional provision.
Justice Jagan Mohan Reddy gives a detailed explaination in explaining the utility
of the preamble. He says:

The preamble is the key to open the mind of the makers as to mischiefs,
which are to be remitted;

That it is properly resorted to , where doubts or ambiguities arise upon the

words of enacting part;

Even where the words are clear and unambigous, it can be used to prevent an
obvious absurdity or to a direct overthrow of the intention expressed in the
preamble , and it would be much more so, if they were unambiguous There is no
reason why, in fundamental law or Constitution of the Government, an equal
attention should not be given to the intention of framers, as stated in the preamble;

The preamble can never be resorted to, to enlarge the power expressly given,
nor to substantively create any power or to imply a power which is otherwise
withdrawn from the constitution

Its true function is to expound the nature, extent and application of the
powers actually conferred by the Constitution
In AIIMS Students Union v. AIIMS, the court referred to the preamble. The Court
held that Preamble achieves one of its objective fraternity assuring the dignity of
the individual and unity and integrity of the union.The Court said that Reservation
in any other form than as prescribed by Constitution itself, is a subversion of this
fraternity.
Significance to other statutes
Justice Chinnappa Reddy, in, Atam Prakash v. State of Haryana said:
The preamble to the Constitution has relevence and significance in the
interpretation of other laws. That the preamble acts as a beacon light guiding
the interpretation of other laws is a rule well recognised in the Keshavananda
Bharti case.
The Supreme Court upheld the validity of Kerala Fishermen Welfere Act, 1985 was
upheld in Kolathara Exports Ltd. v State of Kerala on the grounds that the law was
the provide social security and welfere . The court referred to the preamble and
said that the statute wa2s in accordance t2o th2e objectives of the preamble. In

National Textile Workers Union v. P.R. Ramakrishnan, the court used 2the concept
of social justice as given in the preamble to give compensation to the workers.

CONCLUSION
Preamble thus defines the documents underlying philosophy and purpose.
Therefore, the philosophy of the Indian Constitution is reflected in the
Preamble. The preamble sets out the basic aims and objectives which
constitution seeks to achieve. The Preamble to the Indian Constitution is based
on the Objective Resolution drafted by Jawaharlal Nehru and adopted by the
framers of the Constitution. The significance of the Preamble lies in its
components. It embodies the source of the Constitution i.e., the people of India.