significance of preamble

SIGNIFICANCE OF PREAMBLE:AN DOCTRINAL STUDY

SIGNIFICANCE OF PREAMBLE

SUBJECT- LEGAL METHODS

SUBMITTED TO: SUBMITEED BY:

Mrs. SOMA BATTACHARJYA PRAKHAR BHARADWAJ

ROLL.NO: 201480


SEMESTER-I, SEC-B

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYVISAKHAPATNAM

ACKNOWLEDGEMENT

I have taken efforts in this projects. However, it would nothave been possible without the kind support and help of manyindividuals and organisations .i would like to extend my sincerethanks to Mrs. SOMA BHATTACHAJYA for guiding me though thisproject.

I am highly indebted to DSNLU VIZAG for their guidance andconstant supervision as well as for providing necessaryinformation regarding the project and also for their support incompletion of this project.

I would like to express my gratitude towards my parents for theirkind co-operation and encouragement which helped me in completionof this project.

My thanks and appreciations also go to my colleagues indeveloping the project and people who have willingly helped meout with their abilities.


CONTENTS

1- Objective of study……………………………………….4

2- Introduction…………………………………………….. 5-6

3- Historical Background………………………………….. 7-9

4- Content of preamble……………………………………. 10-11


5- Preamble as part of constitution………………………... 12

6- Importance of preamble………………………………… 12-13

7- Objective of preamble………………………………….. 13

8- Preamble as Interpreter of Legislation and statutes……... 14

9- Amendment of preamble………………………………….14

10- Preamble as provider of authority to the Indian

constitution…..15

11- Conclusion ………………………………………………….17

12- Bibliography ………………………………………………..18


OBJECTIVES OF STUDY It is said that,preamble is the face of any constitution, which says about theoverall framework of the constitution. Everyone has certainduties to perform, certain rights to exercise and certainobligations to perform. These functions of an individual arewritten in the constitution in abstract form. But preamble is thepart of the constitution which says briefly about thesefunctions. Hence, preamble is often called “the soul of theconstitution”. The objectives ofthe researcher is to find out about the origin, and developmentof the concept of preamble and also to know how and why it wasadopted in any of the written constitutions. The researcher willalso try to understand from this research that why it is the mostimportant part of the constitution.


INTRODUCTION

The term ‘Preamble’ refers to the introduction of preface to theconstitution. The Preamble to the Indian Constitution is based onthe ‘Objective Resolution’ drafted by Pt. Jawaharlal Nehru andadopted by the framers of the Constitution. The significance ofthe preamble lies in its components. It embodies the source ofthe Constitution i.e., the people of India. The terms sovereign,socialist, secular, democratic, republic in the Preamble suggeststhe nature of the state. The ideals of justice, liberty,equality, fraternity reflects the objectives of the Constitution.It also contains November 26, 1949 as the date of adoption of theIndian Constitution.1

The rationality of the Indian Constitution is reflected in thePreamble. The autonomy of India earned through battle for freedomis tried to be underscored by the utilization of the expression"Sovereign" in the Preamble. The Ghandhian perfect is expected tobe secured by the consolidation of the saying "Communist" in thePreamble by the 42nd Amendment.

The same alteration embedded the expression "Mainstream" toreflect the common nature of Indian culture. The statement"Republic" in the Preamble demonstrates that India has a chosehead, however in a roundabout way choose, the Indian President isthe decision of the populace of India. These qualities arefurther reinforced by the saying "Majority rule" in the Preamble.The utilization of these words in the Preamble demonstrates to,

1 http://veronetwork.wordpress.com/2013/11/09/indian-polity-set-2/


it typifies the essential theory and principal values on whichthe Constitution is based.

The Preamble to a Constitution encapsulates the central qualitiesand the Philosophy, on which the Constitution is based, and thepoints and destinations, which the establishing fathers of theConstitution charged the nation to strive to attain. Thecriticalness and utility of the Preamble has been brought up in afew choices of the Supreme Court of India.

However, without anyone else present, it is not enforceable incourt of Law, the Preamble to composed Constitution expresses thearticles which the constitution looks to create and advancefurthermore helps the lawful elucidation of the Constitutionwhere the dialect is discovered to be uncertain. The Preamble toour Constitution Serves two reasons :

(a) it shows the source from which the constitution infers itspower.

(b) It likewise expresses the items which the constitutiontries to secure and advance. To emphasize these values theConstitution framers have resorted to the use of the conceptslike

Justice, Liberty, Equality and Fraternity. Justice-social,economical and political to be secured through the provisions ofFundamental Rights.

Directive Principles of State Policy. Liberty is guaranteed tothe individuals through the provision of Fundamental Rights,which are enforceable in the court of law. The Preamble securesto all citizens equality of States and opportunity in civic,political.

The unity and integrity of the nation is sought to secured by theuse of the word ‘Fraternity’ in the Preamble and by the


provisions of fundamental duties and single citizenship in theConstitution.

The use of these words in the Preamble shows, it embodies thebasic philosophy and fundamental values on which the Constitutionis based. It very well reflects the dreams and aspirations of thefounding fathers of the Constitution.


HISTORICAL BACKGROUND

Indian constitution has a preamble attached to it. Through thepreamble of the Constitution of India does not constitute anoperative part of the Indian constitution, yet it serves severalimportant purposes. It explains the ideals and objectives of theconstitution.

After 42nd amendment in 1976, the preamble to the constitutionreads:

“WE, THE PEOPLE OF INDIA, having solemnly resolved to constituteIndia into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC andto 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 themall;

FRATERNITY assuring the dignity of the individual and the unityand integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY, This 26th day of November 1949, doHEREBY ADOPT, ENACT AND GIVE TO OVERSELVES, and THISCONSTITUTION.”

An analysis of the Preamble reveals that the source of theconstitution is “We, the people.”

At the same time the constitution was not one or the otherconfined by the individuals nor were the parts of the ConstituentAssembly straightforwardly chose delegates of individuals. They


were chosen under the Cabinet Mission Plan amid the British runon the premise of prohibitive establishment. Yet the claim thatthe constitution is gotten from the individuals is supported inview of its expansive based mainstream acknowledgement followingthe time when it came into power.

The primary sentence of the preface pronounces India to be aSovereign Socialist Democratic Republic.

The expression "Sovereign" infers that India is insideincomparable and remotely free. State power India's interiorsway. Remotely India is free from all outer controls. India'sparticipation of the federation or of the United Nations does notforce any outside point of confinement on her Sovereignty. TheCommonwealth is a free relationship of sovereign Nations. It isno more British ward. India does not acknowledge the BritishQueen as the head of state. As Nehru called attention to, IndiaJoined the republic by her "unrestrained choice". With respect tothe U.n. it is not a super state however club of free countries.Participation of the U.n not the slightest bit restricts thepower of sovereign states. Then again, this enrollment is acharacteristic of power of state, for just sovereign states areadmitted to the participation of the United Nations.

The terms communist and common were added to the prelude by 42ndrevision in 1976.

India's connection with communism started in the early fifties atthe Avadi Congress. Glaring dissimilarity in wage conveyanceinstigated the legislature to control the instructing statures ofthe economy in light of a legitimate concern for misery masses.That is the reason the right of private property was expelledfrom the rundown of crucial rights through a sacred change.

Again secularism is a glaring need in India's socio-politicalconnection. Possessed by individuals of all religions, it is


basic that India does not acknowledge any religion as the state-religion. India's secularism guarantees that religious minoritiesdon't experience the ill effects of a feeling of mediocrity as dothe minority groups in Pakistan or Bangladesh.

The expressions "Majority rule Republic" in the preface arecritical. India's point is to develop a law based politicalframework as well as a fair social framework. In the matter ofpolitical association, India has settled on illustrative majorityrules system. This suggests that administration power should bevested in the prevalently chosen illustrative of the individuals.In India well known decisions offer authenticity to our rulers.

A framework is republican where no office of the state is hung onthe premise of inherited prescriptive rights. In India eachoffice of the state from the most noteworthy to the least isinterested in every resident. Any resident may involve any officeon the premise of legitimacy. Therefore, headship of the state isnot inherited as in England, nor is it focused around militarypower as in oppressive administrations.

To develop a perfect majority rules system, the preface stressesequity, freedom, correspondence and society as politicalstandards. These beliefs recorded in the preface are, as perProf. Barker, the core of western majority rule government.

The perfect of equity intimates a framework where people canunderstand their full possibilities. In the perspective of ourestablishing fathers it is insufficient that there is politicalor lawful equity. Political and lawful equity is a myth unlessjoined by social and monetary equity. Social equity suggests thatall social segregations like station or untouchability must befinished. Financial equity infers that monetary abuses ought tobe finished. Nonetheless, social and monetary equity still stayshidden dreams.


The perfect of freedom goes for guaranteeing these flexibilitieswhich make men truly free. Freedom to be significant must meanfreedom of thought, outflow, conviction, confidence and love.This idea of freedom is basically political in nature. Non-specify of the monetary freedom is unquestionably a downside ofthe Preamble.

The perfect of fairness is gone for uprooting separations betweennatives. This is especially paramount in the Indian culture,vitiated by rank framework and untouchability. However here againone ought to recall that fairness in the social coliseum is sureto be void unless joined by monetary equity.

At last, brotherhood as a perfect is looked to be encouraged toguarantee the respect of the individual and solidarity of thecountry. One ought to however note that a friendly feeling amongIndians would become just in extent to the acknowledgment of thestandards of equity, freedom and fairness. In this mannerFraternity is not an autonomous perfect yet a resultant of thefruitful acknowledgment of paramount standards recorded prior.


CONTENT OF PREAMBLE

Preamble is part of our constitution. The contents of Preambleplay an important role in interpretation of our constitution. ThePreamble to an Act sets out the main objectives which helegislation is intended to achieve .It contains in a nutshell theideals and aspirations of the Act. It is a sort of introductionto the statue and many a times very helpful to understand thepolicy and legislative intent. It embodies in a solemn form allthe ideals and aspirations for which the country had struggledduring the British regime .The preamble is a key to open to theminds of the makers .The Preamble declares:

WE, THE PEOPLE OF INDIA, having solemnly resolved to constituteIndia into a SOVEREIGN SOCIALIST,SECULAR,DEMOCRATIC REPUBLIC andto 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 themallFRATERNITY 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 THISCONSTITUTION.

The aforesaid provision may be explained under the following

headings :

We, the People of India:

The Constitution, as its prelude states, is a production of thewill of "the People of India" who have, as the introductionarticulates, seriously determined to constitute India into a"Sovereign Democratic Republic." The thought of sway includesflexibility from all outside control or command. The thought ofmajority rule government includes opportunity from all innercontrol or mastery. Both thoughts joined together reassert thepower and paramountacy of the individuals' will overeverything[ the same has been taken up from the Constitution ofthe United States of America and the United Nations Charter.

The words "we the individuals" show that the populace of Indiaare the wellspring of power behind the Constitution. The openingexpressions of the preface ('we the populace of India')accentuate a definitive power of the individuals from whose willthe constitution rises. Since the Constituent Assembly institutedand received the constitution for the sake of the populace ofIndia.

Sovereign: The expression "Sovereign" attention that India is nomore indigent upon any outside power. It implies that both insideand remotely India is sovereign. It's enrollment of theCommonwealth of Nations and that of the United NationsOrganization don't limit her power.


socialist: The term communist has been embedded into the prefaceby the Constitution 42nd Amendment Act, 1976. In spite of thefact that the statement "Communism" has no clear significance, byand large, the saying means some manifestation of responsibilityfor method for creation and dispersion by the State. The level ofState control will figure out if it is fair State or SocialisticState. India has, be that as it may, picked its own particularbrand of communism which is blended economy.

Secularism: The term Secularism implies a State which has noreligion of its own as perceived religion of the State. It treatsall religions similarly. In a Secular State, the State controlsthe relationship between man. It is not concerned with theconnection of man with God. Justice: Indicates that the Constitution has built amanifestation of Government which gets its power from the will ofthe individuals. The rulers are chosen by the individuals and aredependable to them. Equity, Liberty, Equality and Fraternitywhich are fundamental qualities of a vote based system arepronounced in the Preamble of the Constitution as the verytargets of the Constitution. The term Republic means that theremight be a chosen leader of the State who will be the CEO head.


PREAMBLE AS PART OF CONSTITUTION

The Preamble of Indian Constitution is considered to be a part ofthe Constitution of India after the orders of the Supreme Court.The main purposes of having a Preamble of Indian Constitution are:

The Preamble of Indian Constitution refers to the source that is responsible for the authority of the Constitution

The Preambles of Indian Constitution also states the objectives of the Indian Constitution.

The Preamble is considered to be one of the most significant parts of the Constitution of India. Focusing on the main objective of the Indian Constitution, the Preamble includes the four objectives-Equality, Justice, Fraternity and Liberty. Significance of these four objectives is discussed below:The Preamble is one of the most significant parts of the Constitution of India. Focusing on the core objective of the Indian Constitution, the Preamble includes the following:

Equality - which connotes equal opportunity for one and all Justice - which means fair judgment in the fields of politics,

society and economy Fraternity - which works towards keeping the integrity and

strength of the country intact along with special stress on individual dignity

Liberty - which assures every citizen of India the freedom of speech and expression, religious independence and choice of going by one's own belief2

2 http://en.wikibooks.org/wiki/Constitution_of_India/Preamble


IMPORTANCE OF PREAMBLE

The Preamble to a Constitution epitomizes the central qualitiesand the reasoning, on which the Constitution is based, and thepoints and goals, which the establishing fathers of theConstitution charged the commonwealth to strive to accomplish.The essentialness and utility of the Preamble has been brought upin a few choices of the Supreme Court of India. However, independent from anyone else, it is not enforceable inCourt of Law, the Preamble to a composed Constitution expressesthe articles which the constitution tries to make and advancefurthermore helps the legitimate elucidation of the Constitutionwhere the dialect is discovered to be equivocal .


OBJECTIVES OF PREAMBLE

Preamble of Indian Constitution was basically constructed in order to fulfill the dream of Mahatma Gandhi, that is, to create the India of his dreams. The Indian Constitution Preamble is usedfor interpreting some of the ambiguous portions of the Indian Constitution. The Preamble of Indian Constitution is considered to be a part of the Constitution of India after the orders of theSupreme Court.

The Preamble is considered to be one of the most significant

parts of the Constitution of India. Focusing on the main

objective of the Indian Constitution, the Preamble includes the


four objectives Equality, Justice, Fraternity and Liberty.

Significance of these four objectives is discussed below:

Equality - this implies to equal opportunity for one and all

Justice -this ensures fair judgment in the fields of

politics, society and economy

Fraternity -this aims in maintaining the integrity and

strength of the country along with special stress on

individual dignity

Liberty -this assures every citizen of India the freedom of

speech and expression and religious independence3

Preamble as Interpreter of Legislation and statutes:

The Constitution of India begins with a preface which containsthe soul of the constitution and each enactment surrounded is insimilarity with the soul of the introduction and in this mannerthe defendability and objects of the statutes are tried. The3 http://www.mapsofindia.com/government-of-india/constitution/preamble.html


prelude additionally bears the points and goals that the populaceof India try to secure with the foundation of Indian Constitution, any enactment made will be made with the reason and as per theobjectivity of the preface itself. Thus, 'Preface is theLegislation basically'. It is a preparatory explanation. Itcontains the presentations demonstrating the explanation behindinstitution of any enactment and keeps the enactment to fall inthe arms of vagueness. In Kashi Prasad v. state of UP the court held that despite thefact that the prelude can't be utilized to thrashing theprocurements of the enactment itself, yet it can be utilized asan issue source as a part of making the understanding of theenactAmendment to The Preamble

The issue that whether the preface to the constitution of India

can be changed or not was raised in the witness of the Supreme

Court in the popular instance of Keshavanand Bharti Vs. State of

Kerala,1973. The Supreme Court has held that Preamble is the

piece of the constitution and it can be corrected however,

Parliament can't revise the fundamental gimmicks of the

introduction. The court watched, "The building of our

constitution is based upon the fundamental component in the

Preamble. In the event that any of these components are uprooted

the structure won't survive and it won't be the same constitution

and won't have the capacity to keep up its personality.

The preface to the Indian constitution was changed through the

42nd revision demonstration 1976. Furthermore the words

Socialist, Secular and Integrity were added to the introduction

by the 42nd correction Act, 1976, to guarantee the monetary

equity and end of imbalance in salary and standard of life.


Secularism intimates uniformity of all religions and religious

resistance and does not personality any state religion. The

statement trustworthiness guarantees one of the significant

points and goals of the introduction guaranteeing the society and

solidarity of the state.

Preamble as provider of Authority to the IndianConstitution :

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 Berubari, 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.

In Keshavananda Bharati’s case, the Supreme Court rejected the

above view and held the preamble to be a part of the

constitution. The constitution must be read in the light of the

preamble. The preamble could be used for the amendment power of

the parliament under Art. 368 but basic elements cannot be


amended. The 42nd Amendment has inserted the words “Secularism,

Socialism and Integrity” in the preamble.

General rules of interpretation of the constitution

1. If the words are clear and unambiguous, they must be given

full effect.

2. The constitution must be read as a whole.

3. Principles of Harmonious construction must be applied.

4. The constitution must be interpreted in a broad and liberal

sense.

5. The court has to infer the spirit of the constitution from the

language.

6. Internal and External aids may be used while interpreting.

7. The Constitution prevails over other statutes.4

Preamble as Projector of ‘Desired Established State’

4 http://law-projects.blogspot.in/2013/04/role-of-preamble-in-interpretation-of.html


The Preamble broadcasts the grave determination of the populaceof India to constitute India into a 'Sovereign Socialist, commonvote based republic. The Preamble was embraced with theconstitution in the constituent gathering. It went live in 1950alongside the constitution. The first draft of the constitutionopened with the words 'Sovereign Democratic Republic' in thefirst line. The words 'Communist and Secular' were embedded bythe 42nd correction in 1976. The same alteration helped theprogressions of the words solidarity of the country intosolidarity and uprightness of the country. The essentialness ofthe preface of Indian constitution lies in the 'We the People'.These words accentuates that the eventually the forces are vestedin the hands of the populace of India. The representation expressthat the constitution is made by and for the populace of India.Notwithstanding that the introduction additionally sets out thecrucial national objectives for each subject equity, freedom,balance and clique.

As per the introduction of the constitution of India, theexpression Sovereign possesses a vitall part in the nation. Itimplies preeminent or autonomous and epitomizes India is insideand remotely sovereign and is free from the control of anyoutside force. Besides, the nation has a free government which isstraightforwardly chosen by the individuals and makes laws thatadminister the individuals. The expression Socialistadditionally has huge noteworthiness as it intimates financialand social uniformity. The expression was included by the 42ndchange demonstration, 1976 amid the crisis. Notwithstanding thatSocial uniformity distinguishes the unlucky deficiency ofsegregation on the grounds just of station, shade, ideology, sex,religion or dialect. Furthermore, social uniformity has rise tostatus and opportunities. The prelude additionally ensuressecularism.[ The saying Secularism was likewise embedded into thepreface by the 42nd change demonstration 1976. Secularismintimates fairness of all religions and religious resilience anddoes not character any state religion.


The introduction of Indian Constitution additionally advances thewords Democratic and Republic. India takes after a Democratictype of government. The populace of India choose theirlegislature at all levels, for example, Union, State and nearbyby an arrangement of general grown-up establishment. India islikewise a Republic, in a nation where the leader of the state ischosen straightforwardly or in a roundabout way, for an alteredresidency. The president of India is the main leader of thestate. Accordingly, the introduction assumes an essential partand fills two paramount needs including and show to the sourcefrom which the constitution infers its power and expressing theitems, which the Constitution looks to build and advance.

CONCLUSION

To finish up, it won't not be right to say that the soul or thebelief system behind the Constitution is sufficiently solidifiedin the prelude. It is likewise right to express that introductionis the essential piece of any archive and it is yet evident toour constitution on the grounds that it is the incomparable lawof our nation. The preface proclaims that the populace of Indiareceived, established and provided for themselves theconstitution on 26th November, 1949 yet the date of initiation ofthe constitution was altered to 26 January, 1950. Article 394gives that Articles 5, 6, 7, 8, 9, 60, 324, 367, 379 and 394 cameinto power on the appropriation of the constitution on 26thNovember, 1949. Whatever remains of the procurements of theconstitution came into energy on 26th January, 1950 and this dayis alluded to as the initiation of the constitution. Theintroduction is of extensive legitimate hugeness in so far asepitomizes an authorizing condition. It can't be turned to as theessential in understanding the different procurements of theconstitution, which are couched in plain dialect. The Preamble highlights a portion of the principal values andmanaging standards on which the constitution is based. It is adirecting light having interpretational quality. It assumes a


crucial part in the event of equivocalness. The Preamble of theConstitution of India is one of the best of its kind everdrafted. Both in thoughts and articulation it is a novel one. Itencapsulates the soul of the constitution to develop anautonomous country which will guarantee the triumph of equity,freedom, balance and club.

Bibliography

Website

· http://www.ambedkar.org

· http://www.indiastudychannel.com

· from http://www.indianetzone.com

· http://www.indiankanoon.org

· http://www.legalserviceindia.com


· http://www.mkgandhi.org

· http://parliamentofindia.nic.in

· http://www.preservearticles.com

Books 1 · Pandey, J.N., The Constitution of India, Central Law Agency,

Allahabad, 2010.

2· Singh, Mahendra P. , Constitution of India., Eastern Book Company Lucknow, 2008.

3· Kumar, Narender, Constitutional Law of India, AllahabadLaw Agency, 2008.

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