A Preamble is an introductory statement or preliminary explanation as to

the purpose of the document and the principles behind its philosophy. The term

is particularly applied to the initial paragraphs of a statute, which recite

historical facts which may be relevant to the issue being discussed. The

Preamble is regarded as the introduction to the constitution for it gives the

essence or the summary of the whole constitution. In a nutshell it tells what the

whole constitution is all about.

According to the Supreme Court of India, the Preamble is the key to

unravel the minds of the makers of the constitution or it helps to understand

with what intention the constitutional makers drafted the various provisions of

the constitution. It is also said to contain the theme or philosophy of the

constitution. D.D.Basu has quoted that the philosophy of the constitution is

coterminous to the principles of the freedom struggle of India.

Nature of the Preamble:

• It is in the form of a declaration.

• It is non-justiciable in character, i.e., it cannot be enforced in a court of

law like the Directive Principles.

• It is a non-operative part of the constitution, i.e., it cannot prevail over the

provisions of the constitution.

 • It neither confesses substantive powers nor can limit the powers of the

executive, the legislature and the judiciary.

Preamble as a part of the constitution:

The Supreme Court, earlier in the Re: berubari union case 1960 held that

the Preamble was not a part of the constitution. This is in accordance with the

traditional view that Preamble is not a part of the constitution as it is not

justiciable and dropping the Preamble will not affect the functioning of the

constitution.

The modern view is that the Preamble is a part of the constitution because

the parliament can amend only the parts of the constitution. The Supreme Court

in Kesavananda Bharti vs. state of Kerala (1973) case overruled its earlier

decision and held that the Preamble is a part of the constitution.

The Preamble:

The original drafting used the words “SOVEREIGN DEMOCRATIC

REPUBLIC”. The two additional words “SOCIALIST” and “SECULAR” were

introduced by the 42nd amendment Act 1976. The act also added the word

“integrity” to read “unity and integrity”.

The final draft is as given below:

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India
into 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 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.

Significance of the Preamble:

The wording of the Preamble highlights some of the fundamental values

and guiding principles on which the Constitution of India is based. The first

words of the Preamble - “We, the people” - signify that power is ultimately

vested in the hands of the people of India. It declares that the constitution

emanates from the people and all authority enjoyed by the constitution is

derived from the people themselves. Further it locates the sovereignty

ultimately in the hands of the people of India.

 The Preamble serves as a guiding light for the Constitution and judges

interpret the Constitution in its light. In a majority of decisions, the Supreme

Court of India has held that the objectives specified in the Preamble constitute

the basic structure of the Indian Constitution, which cannot be amended. Also if

a provision of the constitution is capable of two or more interpretations, then

that interpretation which tallies with the Preamble may be referred by the

courts.

It contains the enacting clause that lays down the date for the adoption of

the Constitution - 26 November 1949.

The Preamble lays down the most important national goals which every

citizen and the government must try to achieve, such as socialism, secularism

and national integration, i.e., the ideals and aspirations of the people.