ROLE OF PREAMBLE IN THE INTERPRETATION OF

CONSTITUTION

Table of Contents
Chapter 1: Introduction..05
1.1 Meaning of Preamble .06
1.2 History of Preamble.06
1.3 The Preamble of the Constitution08
1.3 Object and Scope of Preamble.08
1.4 Is it part of our Constitution or not..10
Chapter 2: Content of Preamble....12
2.1 We, the people of India13
2.2 Sovereign.............................................................................................................................14
2.3 Socialist....15
2.4 Secular..16
2.5 Democratic...17
2.6 Republic...18
2.7 Justice..18
2.8 Liberty..19
2.9 Equality....19
2.10 Fraternity....19
Chapter 3: Interpretational value of the Preamble..21
3.1 Preamble as Projector of Desired Established State..21
3.2 Preamble as an aid to interpretation of other statutes..23
3.3 Preamble as provider of Authority to the Indian Constitution.23
Chapter 4: Preamble to Constitution: Comparative study.25
4.1 Preamble of constitution of USA.25
4.2 Preamble of constitution of Canada.28
Chapter 5: Conclusion....30
Bibliography 33

Chapter 1
Introduction
After the attainment of independence the people of India were looking for a government of their
own to fulfill the aspirations they had cherished during the freedom struggle. As the leaders had
promised that after the independence India will have a government based on the ideas of
democracy and justice, it was hence, necessary to give a proper shape to these ideas and ideals.
[1]
These were enshrined by the Constituent Assembly in the Constitution of India
The Constitution is the documentation of the founding faiths of a nation and the fundamental
directions for their fulfillment. So much so, an organic, not pedantic, approach to interpretation,
must guide the judicial process. The healing art of harmonious construction, not the tempting
game of hair-splitting promoters the rhythm of the rule of Law.[2]
Objective of Study:
In this project report there is brief introduction to the meaning of preamble, history of the
preamble and object and scope of the Preamble. We have discussed the controversial issues like
is preamble part of constitution or not? Project also covers the judicial interpretation of content
of preamble and various amendments to constitution. There is detail study of interpretational
value of preamble i.e. role of preamble in interpretation of statutes. We have also compared the
preamble of Indian Constitution to preamble of constitution of USA and Canada. Project report
also contains the importance of preamble.
Research Methodology usedThe research methodology undertaken in this project is Analytical method of research and Comparative
research In analytical research there is depth study and evaluation of available information in an attempt to
explain phenomena. There is analysis of judicial interpretation of Preamble and various controversial issues
related to Preamble. There is also comparative study of preamble of Indian Constitution to preamble of
constitution of USA and Canada.

1.1 Meaning of Preamble

Preamble means a preliminary or introductory statement, especially attached to a statute or

constitution setting forth its purpose.[3]Preamble is introductory part of the Constitution. The
constitution of India opens with Preamble. The Preamble to a constitution is expected to embody

the fundamental value and the philosophy on which the constitution is based and the aims and
objectives which the founding fathers enjoined the polity to strive to achieve. Therefore, it is also
regarded as the key to open the mind of the makers of the Constitution which may show the
general purposes for which they made several provisions in the Constitution. [4]For these reasons
the Preamble is also a legitimate aid in the interpretation of the provisions of the Constitution. It
expresses what we thought or dreamt for so long[5]. It can be said that the constitution
embodies a solemn form of all the ideas and aspirations for which the country had struggled
during the British regime.[6] In simple words the Preamble serves as an introduction to the
Constitution and highlights in brief the basic ideas for which the constitution stands and what the
frames of the Constitution sought out to achieve for the citizens of India.
1.2 History of the Preamble:
The Preamble to Indian constitution is based on Objective Resolution of Nehru. Jawaharlal
Nehru introduced objective resolution on December 13, 1947 and it was adopted by Constituent
assembly on 22 January 1947. The Objective Resolution[7] reads as follows:
A. 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;
B.WHEREIN the territories that now comprise British India, the territories that now form the
Indian States, and such other parts of India as are outside British India and the States as well as
such other territories as are willing to be constituted into the Independent Sovereign India, shall
be a Union of them all; and
C.WHEREIN the said territories, whether with their present boundaries or with such others as
may be determined by the Constituent Assembly and thereafter according to the law of the
Constitution, shall possess and retain the status of autonomous Units, together with 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, or as are inherent or implied
in the Union or resulting there from; and
D.WHEREIN all power and authority of the Sovereign Independent India, its constituent parts
and organs of government, are derived from the people; and
E.WHEREIN shall be guaranteed and secured to all the people of India justice, social economic
and political : equality of status, of opportunity, and before the law; freedom of thought,
expression, belief, faith, worship, vocation, association and action, subject to law and public
morality; and
F.WHEREIN adequate safeguards shall be provided for minorities, backward and tribal areas,
and depressed and other backward classes; and

G.WHEREBY shall be maintained the integrity of the territory of the Republic and its soverign
rights on land, sea, and air according to justice and the law of civilized nations; and
H.This ancient land attains its rightful and honoured placed in the world and make its full and
willing contribution to the promotion of world peace and the welfare of mankind.
The drafting committee of the assembly in formulating the Preamble in the light of Objective
Resolution felt that the Preamble should be restricted to defining the essential features of the
new state and its basic socio-political objectives and that the other matters dealt with Resolution
could be more appropriately provided for in the substantive parts of the Constitution. The
committee adopted the expression Sovereign Democratic Republic in place of Sovereign
Independent Republic as used in the Objective Resolution, for it thought the independence
was implied in the word Sovereign. The committee added word Fraternity which did not occur
in the Objective Resolution. The committee felt that the need for fraternal concord and goodwill
in India was never greater than now and that this particular aim of the new Constitution should
be emphasized by special mention in the Preamble. [8]In other respect the committee tried to
embody in the Preamble the spirit and, as far as possible, the language of Objective
Resolution.
1.3 The Preamble of the Constitution:
The Preamble reads:
WE, THE PEOPLE OF INDIA,having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST[9] SECULAR[10] 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][11] of the
Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
1.3 Object and Scope of Preamble:
Unlike the constitution of Australia, Canada or the USA, the Constitution of India has an
elaborate Preamble. The purpose of Preamble is to clarify who has made the Constitution, what
is its source, what are ultimate sanctions behind it; what is the nature of the polity which is
sought to be established by the constitution and what are its goals and objectives?

The Preamble does not grant any power but it gives a direction and purpose to the Constitution.
It outlines the objectives of the whole Constitution. The Preamble contains the fundamentals of
the constitution. The preamble to an Act sets out the main objectives which the legislation is
intended to achieve.[12]
Preamble states the objects which our constitution seeks to establish and promote and also aids
the legal interpretation of the constitution where language is found ambiguous. [13] For a proper
appreciation of aims and aspirations embodied in our constitution, therefore, we must turn to the
various expressions contained in the Preamble.Combining the ideals of political, social and
economic democracy with that of equality and fraternity, the Preamble seeks to establish what
Mahatma Gandhi described as The India of my dreams[14], namely
An India, in which the poorest shall feel that it is their country in
whose making an effective voice? an India in which all
communities shall live in perfect harmony.
The Preamble to our Constitution serves several purposes:
a) It contains the enacting clause which brings the Constitution into force.
b) It declares the great rights and freedoms which people of India intended to secure to all its
citizens.
c) It declares the basic type of government and polity which is sought to be established in the
country.
d) It indicates the source from which our Constitution derives its authority.
Preamble indicates ultimate source for the validity of and the sanction behind the constitution is
will of the people. Thus the source of the Constitution are the people themselves from whom the
Constitution derive s its ultimate sanction. This assertion affirms the Republican and Democratic
character of the Indian polity and Sovereignty of the people. The People of India thus constitute
the sovereign political body who hold the ultimate power and who conduct the government of
their elected representatives. As regard the nature of the Indian Polity, the Preamble to the
Constitution declares India to be Sovereign Secular Democratic Republic. As to the grants
objectives and socio-economic goals to achieve which the Indian Polity has been established,
these are stated in the Preamble. These are: social, economic and political Justice,Liberty of
thought, expression, belief, faith and worship; Equality of status and of opportunity;and to
promote among them allFraternity assuring the dignity of the individual and the unity and
integrity of the Nation.
Is it part of our Constitution or not

It has been highly a matter of arguments and discussions in past that whether Preamble should be
treated as a part of constitution or not, that means whether or not a citizen of a nation to which he
is subject to can challenge in the court of law if in case his rights have been infringed which were
mentioned in the Preamble. And if not, then whether The Preamble is merely a preface or
introduction piece of page in the book of our Constitution. And also whether the Preamble is a
part of the Constitution would depend the resolution of the next question, which follows as a
corollary- whether the Preamble can be amended, if at all.
The vexed question whether the Preamble is a part of the Constitution or not was dealt with in
two leading cases on the subject:
1. Beruberi Case[15]

2. Kesavananda Bharati case[16]

Beruberi case was the Presidential Reference under Article 143(1) of the Constitution of India
on the implementation of the Indo-Pakistan Agreement Relating to Beruberi Union and
Exchange of Enclaves which came up for consideration by a bench consisting of eight judges
headed by the Chief Justice B.P. Singh. Justice Gajendragadkar delivered the unanimous opinion
of the Court. The court ruled out that the Preamble to the Constitution, containing the declaration
made by the people of India in exercise of their sovereign will, no doubt is a key to open the
mind of the makers which may show the general purposes for which they made the several
provisions in the Constitution but nevertheless the Preamble is not a part of the Constitution.[17]
Kesavananda Bharati[18]case has created history. For the first time, a bench of 13 judges
assembled and sat in its original jurisdiction hearing the writ petition. Thirteen judges placed on
record 11 separate opinions. To the extent necessary for the purpose of the Preamble, it can be
safely concluded that the majority in Kesavanada Bharati case leans in favor of holding,
(i) That the Preamble to the Constitution of India is a apart of Constitution;
(ii) That the Preamble is not a source of power or a source of limitations or prohibitions;
(iii) the Preamble has a significant role to play in the interpretation of statutes, also in the
interpretation of provisions of the Constitution.
Kesavanada Bharati case is a milestone and also a turning point in the constitutional history of
India. D.G. Palekar, J. held that the Preamble is a part of the Constitution and, therefore, is
amendable under Article 368. He termed submission that the Fundamental Rights are an
elaboration of the Preamble, as an overstatement and half- truth. Undoubtedly, the Constitution
is intended to be a vehicle by which the goals set out are hoped to be reached.
It can be concluded that Preamble is introductory part of our Constitution. Preamble is based on
the Objective Resolution of Nehru. Preamble tells about the nature of state and objects that India
has to achieve. There was a controversial issue whether Preamble was part of Indian Constitution

there were number of judicial interpretation but finally Kesavanada Bharati case it was held that
the Preamble is a part of the Constitution.

Chapter 2
Contents of Preamble
Preamble is part of our constitution. The contents of Preamble play an important role in
interpretation of our constitution. The Preamble to an Act sets out the main objectives which he
legislation is intended to achieve.[19]It contains in a nutshell the ideals and aspirations of the Act.
It is a sort of introduction to the statue and many a times very helpful to understand the policy
and legislative intent. It embodies in a solemn form all the ideals and aspirations for which the
country had struggled during the British regime[20].The preamble is a key to open to the minds of
the makers .The Preamble declares:
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST[21] SECULAR[22] 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][23] of the
Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
The aforesaid provision may be explained under the following headings :

2.1 We, the People of India:

The Constitution, as its preamble states, is a creation of the will of the People of India who
have, as the preamble enunciates, solemnly resolved to constitute India into a Sovereign
Democratic Republic. The idea of sovereignty involves freedom from all foreign control or
domination. The idea of democracy involves freedom from all internal control or domination.
Both ideas combined together reassert the sovereignty and paramountacy of the peoples will
over everything[24] the same has been taken up from the Constitution of the United States of
America and the United Nations Charter.
The words we the people indicate that the people of India are the source of authority behind
the Constitution. The opening words of the preamble ('we the people of India') emphasize the
ultimate authority of the people from whose will the constitution emerges. Since the Constituent
Assembly enacted and adopted the constitution in the name of the people of India, the question
has been asked whether the Assembly was really representative of the people of India. [25] This
question was raised both within and outside the Assembly. The circumstances under which the
Constituent Assembly came into being shows that it was impracticable to constitute such a body
in 1946 with adult suffrage as its basis. No part of the country had the experience of adult
suffrage. Dr. Ambedkar said in the floor of the Constituent Assembly in 1949, "I say that the
Preamble embodies what is the desire of every members of the House, that the constitution
should have its root, its authority, its sovereignty from the people that it has".
The Supreme Court in Union of India v. Madangopal, [26]referred to the words We the people
of India in the Preamble and observed that our Constitution, as appears from the Preamble,
derives its authority from the people of India.

To sum it up we can say that the supreme power of the land rests with the people of India and
the true sovereignty lies with the citizens of India as evident from the Preamble

2. 2. Sovereign:
Sovereign defined by R.H. Soltan[27]Sovereignty is the exercise of the final legal coercive power
of the State. According to another definition by Woodrow Wilson Sovereignty is the daily
operative power of framing and giving efficiency to the laws.[28]In other words sovereign
stands for the power which is absolute and uncontrolled within its own sphere. In the words of
Cooley, A State is sovereign when there resides within itself a supreme absolute power,
acknowledging no superior.[29]
India is 'Sovereign', in as much as it is free from any external control and having independent
power and authority. Sovereignty of India does not come in the way of its remaining a member
of the Commonwealth of Nations. Though the Queen of the UK is its symbolic head, it is a
voluntary association and so does not violate India's sovereign status.
The word sovereign in the preamble means supreme or independent, India is internally and
externally sovereign - externally free from the control of any foreign power and internally, it has
a free government which is directly elected by the people and makes laws that govern the people.
She allies in peace and war.[30]
It means that sovereignty is permanent, and it continues un-interrupted as long as the state exists,
and also it doesnt ceases with the death or temporary dispossession of a particular bearer or the
reorganization of the state but shifts immediately to a new bearer as the centre of gravity shifts
from one part of a physical body to another when it undergoes an external change. It means that
the powers are not divisible between sovereign and any other person, as the sovereign is absolute
authority in a sovereign state. We find divisibility of powers in India when we see our so called
sovereign of the country, he has no absolute authority over anything, neither can he make his
own law of his own discretion nor can he revoke any of them. A sovereign in a state is exclusive
and has none to be competed with. This characteristic of sovereignty is nowhere found in India
as we see that the there is no exclusive sovereign or a Individual sovereign. Its very much
obvious that for a country claiming to be having sovereignty must have a sovereign and if we
consider the real meaning of sovereignty, it means that a sovereign state is to be headed by a
supreme power known as the sovereign which in strict sense is absent in India .
2.3 Socialist :
The term Socialist has been inserted in the Constitution of India by 42nd Amendment Act, 1976. Even prior to
this amendment the idea was implicit in the constitution, in the form of directive principles of state policy and

in the words of Preamble, 'Justice social, economic and political' as well as 'Equality- of status and
opportunity.' General meaning of socialism implies the control of state over the means of production. In the
context of Indian constitution, we can say our move is for democratic socialism and not for provided
communistic socialism. Insertion of this word does not imply any commitment to a particular economic order.
Our constitution appears more committed to the object or outcome of socialism i.e. justice social economic and
political, there may be different ways or means to realise these objectives. This way may be different or some
time contrary to the classical and conventional concept and ideals of socialism. However all these means must
nourish the guarantee for a system free from all kinds of exploitation. Socialism in India has been accepted in
the meaning of 'Democratic Socialism'. The main aim of the expression was to bring about a balance in the
existing economic disparities.[31]

In D.S. Nakara v. Union of India,[32] the Court observed that the basic framework of socialism
is to provide a descent standard of life to the working people and especially provide from cradle
to grave. This amongst others on economic side envisaged economic equality and equitable
distribution of income. The principal aim of a socialist State, the Supreme Court held, was to
eliminate inequality in income and status and standard of life. Thus we can say that democratic
socialism aims to end poverty, ignorance, disease and inequality of opportunity.[33]
In Excel Wear v. Union of India ,the supreme court considered the effect of the word socialist in the preamble
.the court held that the addition of the word socialist might enable he courts to lean more in favour of
nationalization and state ownership of an industry but so long as private ownership of industries is recognized
and governs an overwhelming large proportion of our economic structure, the principles of socialism and
social justice cannot be punished to such an extent so as to ignore completely, or to a very large extent, the
interest of another section of the public namely the private owners of the
undertaking.

2.4. Secularism:
The word 'secular' has also been added by the 42nd constitution Amendment Act, 1976. It highlights that the
state shall have no religion of its own and all persons shall be equally entitled to freedom of conscience and
right freely to practice and propagate religion. The provisions of right to freedom of religion ensuring freedom
of conscience and free profession, practice and propagation of religion, freedom to manager religious affairs
and right to equality, clearly implied that India is a "secular Republic. The Preamble reflects the way of life
adopted by Indian citizens for themselves after independence. In fact every civilization has also been a mirror
of way of life as well as reflecting movement of human spirit. Religion in each civilizastion has indicated
about the faith of human beings in absolute values and a way of life to realize them.

The notion of secularism that developed in India has been vastly different from its original
western notion. The traditional western vision of secularism has been the negation of all things
religious in political functioning. However the Indian concept of secularism is completely
different, stemming from Sarva Dharma Sambhava: it is not that the state has nothing to do with

religion and religion has nothing to do with the state, but the concept of secular state has been
understood as one in which all religions have an equal status in the eyes of the state. In a Secular
State, the State regulates the relationship between men. It is not concerned with the relation of
man with God[34].
The concept of Secularism is also contained in Articles 25 to 30 of the Constitution by way of
Right to Freedom of Religion. The Supreme Court in St. Xaviers College v. State of Gujarat,
[35]
explained that India is neither anti -God, nor pro-God; it treats alike the devout, the
antagonistic and the atheist. It eliminates God from the matters of the State and ensures that no
one shall be discriminated against on t he ground of religion. That every person if free to go to
the God or Heaven in his own ways. And, that worshipping God is left to be dictated by his own
conscience.[36]
2.5. Democratic:
Democracy is a form of government in which people are governed by their own elected representatives. It is a
government of the people, for the people and by the people. In this system of government, it is the people who
are supreme and sovereign. They control the government. They are free to elect a government of their own
choice. Freedom of choice is the core of democracy .India is 'democratic', as it has chosen a representative and
responsible system of government under which those who administer the affairs of the state are elected by the
electorate and accountable to them.[37] In practice, people depict majority of the population which has vested
powers to take decisions in the matters. They very resolutions are carried and obeyed by the masses of the
country. The concept does not permit the enforcement of the decisions on minority by majority. Rather,
democracy thrives on the willing co-operation of minority with the majority. In other, words minority and
opposition parties to have a vital role in the working of a democratic set up.Democracy guarantee some basic
rights and freedom for individuals and its voters. These rights are known as fundamental rights. Democracy
imposes rule by the adopted President of India. The practice continues for all the matters pertaining ruling in
democracy. The system guarantees freedom for speech, equality and right for worship among other rights to
the people.

The Supreme Court in the case of Union of India v. Association for Democratic Reforms,[38]
Observed: a successful democracy posits an aware citizenry. Democracycannot survive
without free and fair elections, without free and fairly informed voters. This clearly emphasizes
the value of the power bestowed upon the citizens of India to elect the government which is also
essential for the functioning of the democracy.

2.6. Republic:
The term republic is used in distinction to monarchy, in other words India is a republic because
the head of the state is not a hereditary monarch. Hence, in India the head of the state is not a
hereditary positions as seen in the case of queen of England; the head of the state in India is an

elected person elected by the citizens of India. The constitution of India sets up in India a
republican form of government, in which, the ultimate power resides with the body of people,
enfranchised by universal adult franchise. The president is the executive head of the state, is
elected by the people and holds office for the term of five years.[39]
OBJECTIVES ENSHRINED IN THE PREAMBLE
2.7 Justice:
The term justice briefly speaking is the harmonious reconcilement of individual conduct with the
general welfare of the society. An act or conduct of a person is said to be just if it promotes
general well being of the community. The constitution of India professes to secure to its citizens
Social justice: The term "social justice" implies several sound and eminently desirable concepts enunciated for
the good of society in general, and of course it covers fair play for every section, especially the weaker groups
in the population.
This seems unexceptionable and no one, however prejudiced or narrow minded, would object to the promotion
of this ideal. And yet the actions of countless people in this country, day after day, believe their words. The
reckless flouting of the concept of social justice, and the denial of equal opportunities in life which this
postulates, all reflect a tendency that is anti-national and marks totally unfair and unjustified behavior.
Economic justice means justice from the standpoint of economic force. In short, it means equal pay for equal
work, that every person should get his just his dues for his labour, irrespective of his caste, creed, sex and
social status.
Political justice means the absence of any arbitrary distinction among men in political matters. The constitution
has adopted the system of universal adult suffrage to secure political justice. In order that the justice in real
sense be secured to the people of India, the constitution, not only secures equality of status and of opportunity
by prohibiting discrimination on various grounds.
2.8 Liberty:
Liberty has been derived from Latin word liber which means free. The term liberty is used in both positive
as well as negative sense. As a negative concept liberty means the absence of all undue or arbitrary interference
with individuals action on the part of the state. In positive sense, liberty comprises of liberties or rights which
are considered essential for an individual to attain his potentialities and for the perfection of national life. The
constitution of India professes to secure liberty of thought, expression, belief, faith and worship, which are
regarded essential to the development of the individual in the nation.
2.9 Equality:
Equality of status and opportunity is secured to the people of India by abolishing all distinctions or
discriminations by the state, between citizen and citizen , on the ground of race ,religion, caste, sex or place of
birth and by throwing open public places to all the citizens. The constitution also abolishes untouchability

and titles by Article 17 and 18 respectively .this helps in securing equality of opportunity in matters of
employment or appointment to any office under the state under article 16 of the Constitution.
2.10 Fraternity:
Fraternity means feeling of brotherhood, brotherliness, a feeling that all people are children of the same soil,
the same motherland. There is no provision in the constitution which reflects fraternity as an object. However
there are provisions in the constitution such as common citizenship, the right of the citizen to move freely, to
reside and settle in any part of the territory of India etc., which generate there spirit of brotherhood. [40]

The Unity and Integrity[41]of the Nation sounds the concern of the founding fathers of the
Constitution regarding the maintenance of the Independence of the nation as well as the success
of the democracy in India. Therefore, while securing rights and freedoms for the individuals,
they incorporated in the Constitution elaborate provisions conferring on the powers in the form
of emergency provisions as to help contain any forces threatening and endangering the unity and
integrity of the country. India has been declared as a Union of States and is intended to put an
end to the separatist tendencies.
One of the members of the Constituent Assembly (Pundit Thakur Das Bhargav) rose to poetic
heights when he said, "The Preamble is the most precious part of the Constitution. It is the soul
of the Constitution. It is a key to the Constitution. It is a jewel set in the Constitution." The
Preamble of the Constitution of India is one of the best of its kind ever drafted. Both in ideas and
expression it is an unique one. It embodies the spirit of the constitution to build up an
independent nation which will ensure the triumph of justice, liberty, equality and fraternity.

Chapter 3
Interpretational Value of the Preamble
This chapter deals with the importance and role of preamble of Indian Constitution and provides for
why it is immensely important to have the preamble as it plays numerous roles indicating the source
from which the constitution derives its authority, states the objects which the constitution seeks to
establish and promote, acts as a guiding principle in the interpretation of constitution and framing of
other important statutes.

The Preamble of Indian Constitution reflects the basic structure and the spirit of the Constitution.
It is regarded as the preamble serves as a channelizing tool for the interpretation of the
constitution as a whole. The preamble acts as the preface of the constitution of India and lays
down the philosophical ideas. It represents the entire constitution in its written words. It contains
the basic structure of the constitution and thus considered to be a vital part. The preamble is
significant because it highlights the type of society and government it wishes to establish.
However, the preamble does not contain laws enforced in a court but, no law can be enacted or
amended in a manner that violates the spirit of the preamble. Thus the preamble of the
constitution of India is un-amendable.
Preamble of Constitution of India is an introductory note to the constitution. It is like summary
for our constitution, regard as soul of it. To understand the motto of constitution Preamble works
as a guide so we can understand how Preamble is important. The Preamble declares four aims in
the governance of IndiaJustice- social, economic and political;
Liberty of thoughts, expression, belief, faith and worship;
Equality of status and opportunity; and
Fraternity assuring the dignity of the individual and the unity and integrity of the nation.
3.1 Preamble as Projector of Desired Established State
The Preamble proclaims the solemn resolution of the people of India to constitute India into a
'Sovereign socialist, secular democratic republic. The Preamble was adopted with the
constitution in the constituent assembly. It came into effect in 1950 along with the constitution.
The original draft of the constitution opened with the words Sovereign Democratic Republic in
the first line. The words Socialist and Secular were inserted by the 42nd amendment in 1976.

The same amendment contributed to the changes of the words unity of the nation into unity and
integrity of the nation. The significance of the preamble of Indian constitution lies in the We the
People. These words emphasizes that the ultimately the powers are vested in the hands of the
people of India. The expression state that the constitution is made by and for the people of India.
In addition to that the preamble also lays down the essential national goals for every citizen
justice, liberty, equality and fraternity.
According to the preamble of the constitution of India, the word Sovereign occupies a vitall role
in the country. It means supreme or independent and embodies India is internally and externally
sovereign and is free from the control of any foreign power. Furthermore, the country has a free
government which is directly elected by the people and makes laws that govern the people[42].
The word Socialist also has enormous significance as it implies economic and social equality.
The word was added by the 42nd amendment act [43], 1976 during the emergency. In addition to
that Social equality identifies the absence of discrimination on the grounds only of caste, colour,
creed, sex, religion or language. Besides, social equality has equal status and opportunities. The
preamble also guarantees secularism.[44] The word Secularism was also inserted into the preamble
by the 42nd amendment act 1976. Secularism implies equality of all religions and religious
tolerance and does not identity any state religion.
The preamble of Indian Constitution also puts forth the words Democratic and Republic. India
follows a Democratic form of government. The people of India elect their government at all
levels such as Union, State and local by a system of universal adult franchise. India is also a
Republic, in a country where the head of the state is elected directly or indirectly, for a fixed
tenure. The president of India is the titular head of the state. Thus, the preamble plays a pivotal
role and serves two important purposes including and indicate to the source from which the
constitution derives its authority and stating the objects, which the Constitution seeks to establish
and promote.

3.2 Preamble as Interpreter of Legislation and statutes:

The Constitution of India starts with a preamble which contains the spirit of the constitution and
every legislation framed is in conformity with the spirit of the preamble and thus the
constitutionality and objects of the statutes are tested. The preamble also bears the aims and
objectives that the people of India seek to establish with the establishment of Indian
Constitution , any legislation made is made with the purpose and in accordance with the
objectivity of the preamble itself. So, Preamble is the Legislation in a nutshell. It is a
preparatory statement. It contains the recitals showing the reason for enactment of any legislation
and prevents the legislation to fall in the arms of ambiguity.

In Kashi Prasad v. State of UP[45] the court held that even though the preamble cannot be used to
defeat the provisions of the legislation itself, but it can be used as a vital source in making the
interpretation of the legislation
3.3 As provider of Authority to the Indian Constitution:
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[46], 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[47].
In Keshavananda Bharatis case[48], 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.
Amendment to The Preamble
The issue that whether the preamble to the constitution of India can be amended or not was
raised before the Supreme Court in the famous case of Keshavanand Bharti Vs. State of
Kerala,1973. The Supreme Court has held that Preamble is the part of the constitution and it can
be amended but, Parliament cannot amend the basic features of the preamble. The court
observed, "The edifice of our constitution is based upon the basic element in the Preamble. If any
of these elements are removed the structure will not survive and it will not be the same
constitution and will not be able to maintain its identity."[49]
The preamble to the Indian constitution was amended through the 42nd amendment act 1976.
And the words Socialist, Secular and Integrity were added to the preamble by the 42nd
amendment Act, 1976, to ensure the economic justice and elimination of inequality in income
and standard of life. Secularism implies equality of all religions and religious tolerance and does

not identity any state religion. The word integrity ensures one of the major aims and objectives of
the preamble ensuring the fraternity and unity of the state.

Chapter 4
Preamble to Constitution: Comparative Study
Preamble is introductory part of the Constitution. Every constitution has its own preamble. There
is comparative study of preamble of USA and Canada as below:
4.1 The Preamble of the Constitution of USA
The preamble of the constitution of USA as follow:
We the people of united states, in order to form a more perfect union, establish justice, insure
domestic tranquility, provide for the common defence, promote the general welfare, and secure
the blessing of liberty to ourselves, and our posterity, do ordain and establish this constitution for
united states of America
Along with the title is mentioned, the date of signing the constitution by its framers and also the
date on which it comes into effect. The preamble doesnt acknowledge the fact that the
constitution was framed by the delegates of the thirteen original states meeting in a convention,
or that it was ratified, subsequently, by the states that had framed the constitution
The preamble of the constitution of United States of America may be analysed and commented
upon clause by clause:
1.
WE the people of united states: These words emphasize the ultimate sovereignty of the
people and indicate that the constitution is founded on the authority flowing from the people.
2.
In order to form a more perfect union: The constitution which existed at that time had
merely brought into existence a confederal union or a sort of league of friendship. The feeble
confederal government was unable to cope up with its responsibilities and it was realized that if
the union were to last , it must be strengthened . However it was an open matter whether the
union as contemplated in that material time was to be a viable one or was to be one from which a

3.

4.

5.

6.

7.

state could break away at its will .The answer was ultimately provided by the result of the civil
war, which established the principle that the authority conferred upon the union government by
the various state was an irrevocable authority and that no state had the right to secede from the
union.
Establish justice: Under the Article of confederation, there was no system of national
court. In particular there was no machinery to decide inter state disputes. The absence of the
machinery was one more lacuna which was sought to be filled in by the new constitution
Insecure domestic tranquility: Shays rebellion in Massachusetts had demonstrated the
complete helplessness of the confederal government to provide effective aid to the state
government.
Provide for the common defence: The confederal government had no power to raise
men or money although it had the power to declare war. It was imperative , therefore to give such
power to the new central government
Promote the general welfare and secure the blessing of liberty to ourselves and our
posterity: The confederal government had no power of legislation whatsoever, and was,
therefore not entirely feasible to formulate or implement any policy for the welfare of the nation.
Do ordain and establish this constitution for the United States of America: For the first
time the country had a sovereign national government .The constitution marked the emergence of
the United States of America into a fully blossomed nationhood.

The preamble of the constitution of the USA, in a precise form contains a declaration and a
descriptive objective. The declaration is to the effect that the people of United States ordain and
establish the constitution for the United States of America. It is not a mere article of agreement
among the thirteen states
On the other hand, the preamble of the constitution of India has serves two purposes:
1. It indicates the source from which the constitution derives its authority, and
2. It also states the objects which the constitution seeks to establish and promote. It is a key to open
the mind of the makers
The constitution of India, like that of the united state of America, strikes one as a monumental
piece prepared by men of great eminence and patriotism. Undoubtedly there is a difference
between the constitution of U.S.A and India in phraseology and emphasis more than a century
and half has passed between the adoptions of two Constitutions, many world events of farreaching social and economic consequence had taken in the meantime and peoples ideas had
passed through radical transformations.

The constitution of U.S.A is the supreme law of the land. It guarantees fundamental right of
person, property, and liberty. It is however , noteworthy that these right were incorporated in the
constitution by a number of amendments effected after the constitution was promulgated .They
were not enumerated in the original draft of the constitution .But by subsequent amendment
individual liberty has been effectively safeguarded .Only 133 years later with 19 th
amendment ,women acquired the right to vote
The rights of the citizen are made enforceable by recourse to judiciary. These right cannot be
modified or suspended except by a constitutional amendment .Freedom of speech, Freedom of
worship, of habeas corpus, no unreasonable search and seizure which constitute hallmark of a
just society has become part parcel of the constitution
Rutgers Law Professor Albert Blaustein has pointed out civil and political right of abstinence.
They are right against the state .When you start talking about social and cultural right, you are
asking for right of action, affirmative rights . Another area of silence in the constitution
economic rights the right to a job, the right to shelter, the right to food.
The constitution of U.S.A is based on popular sovereignty in the U.S.A is attributed to the
people. Unlike the United Kingdom where the hereditary monarchy is the head of the state, the
United States of America is a republic with the president as the elected head of the state. The
constitution has derived its authority from the people.
Former C.J .Warren E.Burger chairman of the commission on the bicentennial of the United
State Constitution has stated no other charter of government had recognised so clearly that all
legitimate political power flows from the people.
The constitution of the U.S.A opened a new era in the history of constitution , not only by its
explicit description of the power of a balanced representative government but also by its birth in
a public forum of the printed words .Widely literate people could read n judge the very words by
which they would be governed
The constitution that emerged from the Philadelphia convention in mid September 1787
,according to James Madison , was nothing more than the draft of the plan , nothing but a
dead letter , until life and validity were breathed into it by the voice of people , speaking through
the several state convention .

Thus the constitution of the U.S.A is a unique constitution presenting a constitutional model
entirely different from U.K. Its stability and strength is the envy of the different constitution of
the world .Some of the developing democracies like Sri Lanka and Pakistan have opted for it .
The constitution has aura of the sacred about it. It occupies a shrine up in the higher stretches of
American reverence.[50]

3.2 The Preamble of the Constitution of the Canada

The constitution of Canada consists of many laws as well as political convention and judicial
practices. the preamble state that the province of Canada nova Scotia and new Brunswick have
expressed their desire to be federally united into one domain under the crown with the
constitution similar in the Principle to that of the united kingdom
The preamble of the constitution has cited the four fold objective:
To fulfill the desire of the constituent units of Canada to form into a union under the crown
That such a union would be conductive to welfare of the provinces and promote the interest of
the British empire
That a legislative authority and an executive government be provided for and
To enable the eventual admission into the union of other parts of british north America
In compare to Canada Preamble Indian Preamble lays down main objective of state to be
To establish democratic, republic, sovereign, socialist and secular state
To achieve Justice- social, economic and political;
Liberty of thoughts, expression, belief, faith and worship;
Equality of status and opportunity; and
Fraternity assuring the dignity of the individual and the unity and integrity of
the nation.
Prof. A. V. Dicey thought that preamble of Canada was inaccurate when it described the
constitution of Canada .he has stated that if preamble were intended to express anything like
whole truth ,for the world kingdom ought to have been substituted by the states .[51]
As Indian Preamble lays down the basic structure of Indian Constitution which is not as such
depicted in the Preamble of Canada and USA, so it can be concluded that Indian Preamble is
more structured than Preamble of USA and Canada.

Chapter 5
Conclusion
The Constitution of India begins with a Preamble. The Preamble contains the ideals, objectives
and basic principles of the Constitution. The salient features of the Constitution have evolved
directly and indirectly from these objectives which flow from the Preamble.
Preamble is an introductory statement, stating the aims and objectives of the constitution.
Accordingly, the preamble to the Indian constitution spells out the basic philosophy contained in
the body of the Indian Constitution. The Preamble is so important because it highlights the type
of society and government it wishes to establish. The preamble does not contains any law that
can be enforced in the court of law but no law can be enacted or amended in a manner that it
violates the spirit of Preamble[52].
In conclusion I would like to just say that this is very true that preamble is the basic part of any
document and it is but obvious to our constitution because it is the supreme law of our country,
but Is it true that our constitution is so complete and perfect. As we all knows that we have more
than 108 amendments in our constitution. So before making any basic structure we have to first
finalise the structure and the provisions of our constitution. And another thing is that if it is the
part of our constitution or the basic structure of it then why we need these many cases or judicial
reviews to finalise its existence. According to me the preamble is the topic which gives its status
from the very beginning when any document, act or provision enacted. It gives the overview of

that particular act so we can easily take the idea of what the act is all about. In constitution we
can say that this plays a very big role to understand the provisions of the constitution. So if
something plays a great role to understand the provision of any act then how that thing cannot be
the part of it, and what is the other thing which talks about the preamble as the part of our
constitution .this is the only answer to that according to me.

Critical Analysis on the Judicial Pronouncement of The Preamble Of Indian Constitution

A preamble is a preliminary statement of the reasons which have made the passing of statute
desirable and its position is located immediately after the title and date of issuing the presidential
assent. A preamble is also used to introduce a particular section or group of sections.
Almost every modern constitution inaugurates with a preamble, which it begins with and which
embodies the objectives or basic purposes which it has been adopted.
Apart from the enactment of the preamble of the constitution, the preamble of a statute sets out
the main objectives which the legislation is intended to achieve. it is a sort of value- ladden
introduction to the statute and many a time, it is very helpful in understanding the policy and
legislature. It expresses what we had thought or dreamt for so long. The real value of
constitution and law would, therefore, depends on the extent to which the stated objectives of the
preamble have been achieved.
The preamble is of considerable legal significance in so far as embodies an enacting clause. It
cannot be resorted as the basic in construing the various provisions of the constitution, which are
couched in plain language. The preamble contains some expressions like justice, liberty, equality,
and fraternity portion of the constitution consists of merely temporary provisions designed to
bridge over the transition from the old constitution to new.
In another words, preamble as such is widely accepted as the quintessence or soul and spirit of a
constitution, as it embodies the fundamentals and the basic of the constitution as well as the
vision and commitment of a newly liberated nation or people after its passing through the
inevitable birth pangs of national independence from an oppressive and colonial regime[53].
Importance of Preamble
The wording of the Preamble highlights some of the fundamental values and guiding principles
on which the Constitution of India is based. 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 ruled that neither it nor any of its content is legally enforceable. The
Preamble plays pivotal role when there is ambiguity in provisions of any Article or interpretation

becomes confusing. This is when the spirit of the Preamble becomes the guiding factor. The
Preamble is stem, root and source of the constitution.
The Preamble of the Constitution of India is one of the best of its kind ever drafted. Both in ideas
and expression it is an unique one. It embodies the spirit of the constitution to build up an
independent nation which will ensure the triumph of justice, liberty, equality and fraternity. One
of the members of the Constituent Assembly, Pundit Thakur Das Bhargav rose to poetic heights
when he said, "The Preamble is the most precious part of the Constitution. It is the soul of the
Constitution. It is a key to the Constitution. It is a jewel set in the Constitution."

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Websites
http://www.ambedkar.org
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from http://www.indianetzone.com
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[1]

Making of the Constitution: The Preamble and Political Philosophy, URL: http://nos.org317courseEL-4%20THE
%20PREAMBLE%20AND%20POLITICAL%20PHILOSOPHY.pdf
[2]
Fatehchand v. State of Maharashtra , AIR 1977 SC 1825 at 1827 : 1977 (2) SCR 828 : (1977) 2 SCC 670.
[3]
Oxford Dictionary of Law, Oxford university Press, New York, p.416
[4]
Berubari Union and Exchange of Enclaves, Re , AIR 1960 SC 845, 856: (1960) 3 SCR 250
[5]

Sir AlladiKrishnaswami- Constituent Assembly Debates. Vol. 10, 417.

[6]

KeshvanandaBharti v. State of Kerala , AIR 1973 SC 1461

[7]

Retrived from http://parliamentofindia.nic.in/ls/debates/facts.htm on 10 October 2012 at 8:56 pm

Retrieved from http://www.ambedkar.org/ambcd/63A2.Dr.%20Ambedkar's%20Entry%20into%20the%20CA.htm
on 10 October 2012 at 9:19 pm
[9]
Inserted by the Constitution (42nd amendment) Act, 1976
[10]
Ibid
[11]
Ibid
[12]
Subba Rao. C.J., in I.C. GolakNath v. State of Punjab, AIR 1967 SC 1643
[13]
Re Berubari Union, AIR 1960 SC 845
[14]
Retrieved from http://www.mkgandhi.org/momgandhi/chap64.htm on 10 October 2012 at 12:32 pm
[15]
In Re: Beruberi Union (I), (1960) 3 SCR 250
[16]
(1973) 4 SCC 225
[17]
Retrieved from http://www.legalserviceindia.com/article/l26-PREAMBLE-A-PART-OF-THE CONSTITUTIONOR-NOT.html on 10 October 2012 at 12:26pm
[18]
(1973) 4 SCC 22
[8]

[19]

Golak Nath v. State of Punjab , AIR 1967 SC 1643

Shehlat and Grover,JJ.,in Keshavananda Bharti v. State of Kerela, AIR 1973 SC 1461
[21]
Inserted by the Constitution (42nd amendment) Act, 1976
[22]
Ibid
[23]
Ibid
[24]
P.K.. Majumdar & R.P Kataria, , Commentary on the Constitution of India, Volume 1,OrientPublishing
Company, Allahabad, 2009, p.192.
[25]
Narender Kumar,, Constitutional Law of India, Allahabad Law Agency, Allahabd, 2008, p.26
[26]
AIR 1954 SC 158
[27]
SR. Myneni,, Political Science for Law Students, Allahabad Law Agency, 2006,p.100.
[28]
ibid
[29]
J.N. Pandey,, The Constitution of India, 47th Edition, Central Law Agency, Allahabad, 2010, p.31
[20]

[30]

Essay on the preamble of Indian constitution Rohini DasGupta

[31]

ibid
AIR 1979 SC 25
[33]
P.M. Bakshi,, The Constitution of India, Universal Law Publishing Co., Delhi, 2008,p.3.
[32]

[34]

The genesis of Indian Secularism: Constituent Assembly Debates.

[35]

AIR 1974 SC 1389

P.K.Majumdar, & R.P. Kataria, Commentary on the Constitution of India, Volume 1, Orient Publishing Company,
Allahabad, 2009, p.196.
[37]
The Great Indian Democracy Shantanu Sahay
[38]
AIR 2002 SC 2112
[39]
M.P. Jain, Indian constitution , Mahabir Prashad Jain, New Delhi, 2008, p.46
[40]
Shiva Rao, the Framing of the Indian Constitution, N.M. Tripathi Pvt. Ltd., Bombay, 1967, III, 510, cited
inKumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008,p 34
[41]
Inserted by the Constitution (42nd Amendment) Act, 1976
[36]

[42]

Retrieved from http://www.indiastudychannel.com/resources/47070-constitution-India.aspx on 26 October 2012

at 10:12 am
[43]
Fourty-second Amendment Act to the Indian Constitution, 1976
[44]
Retrieved from http://www.indianetzone.com/40/preamble_indian_constitution.htm on 26 October 2012 at
10:45 am
[45]

AIR 1950 All 732

AIR 1960 SC 845, 1960 3 SCR 250
[47]
Retrieved from http://www.indiankanoon.org/doc/1120103/ on 26 October 2012 at 10:11am
[48]
Kesavananda Bharati vs State Of Kerala, Writ Petition (civil) 135 of 1970
[46]

[49]

Retrieved from, http://www.preservearticles.com/2012011020424/essay-on-the-amendment-of-the-preamble-ofindia.html on 26 October. 2012 at 7:01 pm

[50]

Aparajita Baruah, Preamble of the Constitution of India :an insight and comparison with other
constitution , Deep and Deep Publications, New Delhi, 2007, p.300
[51]
ibid
[52]
Retreived from Essay on the preamble of Indian constitution,http://www.preservearticles.com, 11 October
2012 at 10:17pm

Bhagwati Dan Charan, The Judicial Pronouncement Of

Constitution, www.legalservices.com on 12 October 2012 at 6:00 pm
[53]

Posted 29th April 2013 by EmmJay

The

Preamble

Of

Indian