TABLE OF CONTENTS

INTRODUCTION………………………………………………………………01-03

HISTORICAL BACKGROUND…………………………...…………………..04-11

OBJECTIVES ENSHRINED IN CONSTITUTION...………………………….12-15

CONCLUSION ……………………………………………………………………….16

BIBLIOGRAPHY……………………………………………………………………...17

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 INTRODUCTION
The Preamble to the Constitution of India records the aims and aspirations of the people of
India which have been translated into the various provisions of the Constitution. A Preamble
means the introduction to the statute. The objectives before the Constituent Assembly were to
Constitute India into a “sovereign democratic republic” and to secure its citizens “justice
liberty, equality, and fraternity”. The ultimate aim of the makers of the Constitution was to have
a welfare state and an egalitarian society projecting the aims and aspirations of the people of
India who sacrificed everything for the attainment of country’s freedom.
It is worthwhile to note that the preamble was adopted by the Constituent Assembly after the
Draft Constitution had been approved. The basic idea behind it was the preamble should be in
conformity with the provisions of the constitution and express in a few words the philosophy of
the constitution. It may be recalled that after the transfer of power, the Constituent Assembly
became sovereign, which is reflected in the use of words “give to ourselves this constitution” in
the preamble. It also implied that the preamble emanated from the people of India and
sovereignty lies with them.
Chief Justice Subba Rao in Golak Nath v. State of Punjab[i] had held that “The preamble to an
Act sets out the main objectives which the legislation is intended to achieve”.
Unlike the Constitution of Australia, Canada or the U.S.A., the constitution of India has an
elaborate preamble. The purpose of the preamble is to clarify who has made the constitution,
what is its source, what is the ultimate sanction behind it, what is the nature of the polity which
is sought to be established by the constitution.
History of the Preamble
The Preamble to the Indian constitution is based on “Objective Resolution” of Nehru.
Jawaharlal Nehru introduced an objective resolution on December 13, 1947, and it was adopted
by Constituent assembly on 22 January 1947. 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 the word Fraternity which was not
present 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

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Constitution should be emphasized by special mention in the Preamble.”[ii] In other respect the
committee tried to embody in the Preamble “the spirit and, as far as possible, the language
of “Objective Resolution.”

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AIMS AND OBJECTIVES:
The focus of researcher will be on following issues:
 To understand the role of the preamble of the constitution.
 To understand the various aspects of preamble.

HYPOTHESIS:
The researcher presumes that:
 The preamble is the key to open the mind of framers and indicates what the framers
intended to achieve.

RESEARCH METHODOLOGY:
The study is doctrinal which is based on primary and secondary data gathered from different
sources such as books, statutes, journal, and online databases. It consist of descriptive method
research include overviews and actuality discovering request of diverse mixture.

RESEARCH QUESTIONS:
What are the basic values of the constitution which are enshrined in preamble?

LIMITATIONS:
Owing to the large number of topics that could be included in this project. The scope of this
research paper is exceedingly vast. So the researcher is tended towards the analysis of most
important aspects of fixation of minimum wage rate. So this research is confined only to a small
area of extent in its approach. Also, the researcher has place, time and money limitations while
making the project.

MODE OF CITATION:
The researcher will follow Bluebook Citation [19th Edition].

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 HISTORICAL BACKGROUND
We, the people of India
The opening words of the preamble ('we the people of India') emphasise 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. 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. To
prepare an electoral roll on the basis of adult suffrage for the country and to hold elections on
that basis would have certainly taken a number of years. It was rightly thought unwise to
postpone the task of constitution making until such an election was held. This was the main
justification for accepting the Cabinet Mission Plan for constituting the Assembly through
indirect election. Everyone will definitely agree with what 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".1
In the case of union of india v. Madan gopal2 it was held that our constitution, as appears from
the preamble, derives its authority from the people of india. However, this finding itself is based
on the contents of the preamble. The fact remains that neither the constitutent assembly nor the
people of India have ever doubted the represented capacity of the assembly and their authority
as acting for and on behalf of the people of India.3
Sovereign
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.4 In the republican form of
governments, which mostly prevailed in the democratic world, sovereignty shifted towards
elected representatives of the people. In the case of N,Nagendra Rao & co. v.state of AP

1
http://www.preservearticles.com/201104235906/essay-on-the-preamble-of-indian-constitution.html
2
1954 SCR 541
3
Lahoti, Justice R.C. “ Preamble : the spirit and backbone of constitution of India” , EBC, LUCKNOW, 2004,pp
32

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Sovereign as used in the constitution is different from the old and archaic concept of
sovereignty which has ceased to survive. Sovereignty now vests in the people of India and the
USA and both recognised that the people are the basis of all sovereignty. The legislature,
executive and the judiciary are constitutd to serve the people.5
Socialist
The word socialist was not there originally in the preamble. It was added to the preamble by the
42nd amendment. Thus, the concept of socialist made explicit and the India’s commitment to
this ideal has been underlined and strengthened. The term socialist has not been defined in the
constitution. It doesnot however envisage doctrinaire socialism in the sense of insistence on the
state ownership as a matter of policy. It does not mean total exclusion of private enterprise and
complete state ownership of the material resurces of nation.6 In India, there has always been
emphasis on mixed economy. The government accepts the policy of mixed economy where
both public and private sectors co-exist side by side.
The word socialism among others, has many facets includes state socialism of collectivism
which means that all means of production should be owned by tha state or brought under state
control.The connotations of socialism varied from Gandhian socialism, fabian socialism,
national socialism of third reich in germany to scientific socialism of the Marxian ideology.7
The supreme court has in number of cases referred to the concept of socialism and has used this
along with DPSP to asses and evaluate the economic legislation. The court has derived the
concept of social justice and an economic egalitarian society from concept of socialism.
According to supreme court, “the principal aim of socialism is to eliminate inequality of income
and status and standard of life, and to provide a decent standard of life to the working people ”8
In samatha v. State of Andhra Pradesh,9 the SC has stated while defining socialism:
“establishment of the egalitarian social order through rule of law is the basic structure of
constitution”
One of the important aspect of this –by reading the word ‘socialist’ in the preamble with the
fundamental rights contained in articles 14&16 the supreme court has deduced the fundamental
right to equal pay for equal work and compassionate appointment.10 The word ‘socialist’ used
in the preamble can be achieved from the goals that articles 14,15,16,17,21,23,38,39,46, and all
5
(1994)6 SCC 205
6
Jain, Prof. M.P , “ Indian constitutional law”, 6th edition, lexis nexis, Nagpur, 2012 pp14
7
Baruah, Dr. Aparajitha, “Preamble of the constitution of india: A insight.....constitutions” , D&D Publications
Pvt. Ltd., New Delhi, 2007,pp40
8 Jain, Prof. M.P , “ Indian constitutional law”, 6 th edition, lexis nexis, Nagpur, 2012, p15

9
(1997)8 SCC 191
10
Jain, Prof. M.P , “ Indian constitutional law”, 6 th edition, lexis nexis, Nagpur, 2012, pp15
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other cognate articles seek to reduce inqualities in income and status and to provide equality of
opportunity and facilties.11

Secular
The word ‘secular’, like the word ‘religious’, is amongst the richest of all words in its range of
meaning. It is full of subtle shades which involve internal contradictions, and of these
contradictions the conventional dictionary meaning can scarcely give a correct view.”
This, with great respect, is hardly the correct way to approach the subject and unfortunately this
view has coloured much of the later discussion that took place in India.
‘Oh,water,whatisyourcolour?’
‘The colour of whatever you mix me in!’12
The meaning of secularism, it is believed, has emerged with sufficient clarity from the survey of
historical development made earlier herein. The next question is whether India, as unfolded by
the Constitution, is a secular State. What did the Constitution-makers intend it to be? The
Constitution, till the 42nd Amendment in 1976, did not contain the word ‘secular’ except
incidentally in Article 25(2)(b). Prof. K.T. Shah was the only member who made a valiant effort
to get a provision regarding the secular character of India included in the Constitution. The
following amendment, moved as Amendment No.366, was defeated on 3rd December 1948.
The word secular was not present originally in the preamble. It was added thereto by the 42nd
amendment. Before this, it was only implicit in the constitution of India that India is a secular
country and after the amendment it became explicit. The concept of secularism is difficult to
define and has not thus been defined in the constitution. The object of insertion was to spell out
expressly the high ideas of secularism and the compulsive need to maintain integrity of the
nation which are subjected to considerable stresses and strains since past years. More expressly
there is no official religion in India. There is no state recognised church or religio. Several
fundamental rights guarantee freedom of worship and religion as well as out law discrimination
on the ground of religion. So ,it is against the theocratic state. The state is enjoined to treat all
religions and religious sects equally.
Some other judges delivering separate but concurring judgments went further. K. Ramaswamy,
J., for example, opined:

11
Baruah, Dr. Aparajitha, “Preamble Of The Constitution Of India: A Insight.....Constitutions” , D&D
Publications Pvt. Ltd., New Delhi, 2007, pp45
12

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Secularism is, therefore, part of the fundamental law and basic structure of the Indian Political
System to secure to all its people socio-economic needs essential for man's excellence with
material and moral prosperity and political justice.
After examining the relevant Articles, Jeeven Reddy, J. (for himself and on behalf of S.C.
Agarwal, J., said:
Secularism is thus more than a passive attitude of religious tolerance. It is a positive concept of
equal treatment of all religions.
Supreme court , secularism is declared to be one of the basic features oof the constitution,
which is beyond the amending power of parliament.13 The concept of secularism has been held
to be “one of the facet of the right to equality woven as the central golden thread in the fabric
depicting the pattern of the scheme in our constitution ”
S. R. Bommai v. Union of India14 “Supreme Court while adjudicating that a State Government
cannot follow particular religion discussed at length the concept of Secularism. The Court held
that Secularism is one of the basic features of the Constitution. Secularism is a positive concept
of equal treatment of all religions. This attitude is described by some as one of neutrality
towards religion or as one of benevolent neutrality. While freedom of religion is guaranteed to
all persons in India, from the point of view of the State, the religion, faith or belief of a person
is immaterial. To the state, all are equal and are entitled to be treated equally. In matters of
State, religion has no place. And if the Constitution requires the State to be secular in thought
and action, the same requirement attaches to political parties as well. The Constitution does not
recognize, it does not permit, mixing religion and State power. Both must be kept apart.”
Ziyauddin Burhammuddin Bukhari v. Brijmohan Ramdas Mehra and brothers justice MH Beg
observed that the secular state, rising above all differences of religion, attempts to secure the
good of all its citizens irrespective of their religious beliefs and practices. He has also noted that
it is neutral or impartial in extending its benefits to citizens of all castes and creeds.
Democratic
India is a democracy. The people of India elect their governments at all levels (Union, State and
local) by a system of universal adult franchise; popularly known as 'One man one vote'. Every
citizen of India, who is 18 years of age and above and not otherwise debarred by law, is entitled
to vote. Every citizen enjoys this right without any discrimination on the basis of caste, creed,
colour, sex, religion or education.
Republic

13
Kesavananda Bharati v. State of Kerala. AIR 1973 SC 1461
14
AIR 1994 SC 1918
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As opposed to a monarchy, in which the head of state is appointed on hereditary basis for a
lifetime or until he abdicates from the throne, a democratic republic is an entity in which the
head of state is elected, directly or indirectly, for a fixed tenure. The President of India is
elected by an electoral college for a term of five years. The post of the President of India is not
hereditary. Every citizen of India is eligible to become the President of the country.
Justice
social, economic and political
The expression “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 the general well-being of the community. Therefore, the attainment of the
common good as distinguished from the good of individuals is the essence of justice. The
preamble of India professes to secure all its citizen social, economic, and political justice. The
concept of justice is already preganat with various diverse notions of rights-morality, welfare,
happiness, liberty, and equality. It has become heavily loaded terminology. The expression
‘justice’ is the harmonious reconcilement of individual conduct with general welfare of
society.15
The Constitution of India professes to secure to the citizens:
Social Justice,Economic Justice,Political Justice:
Social Justice means the abolition of all sorts of inequalities which may result the inequalities of
wealth, opportunity, status, race, religion, caste, title and the like. To achieve this ideal of social
justice, the Constitution lays down the Directives Principles of State Policy in Part IV of the
Constitution. In the case of Air India Statutory Corporation v.United Labor Union16 the
Supreme Court observed that the aim of social justice was to attain substantial degree of social,
economic and political equality which was the legitimate expectation and constitutional goal. It
was held that social justice was a dynamic device to mitigate the sufferings of the poor, weak,
dalits, tribals and deprived sections of the society and to elevate them to the level of equality, to
live a life with dignity of person. The Court ruled that the

Preamble and Article 38 of the Constitution envisioned social justice as the arch to ensure life

15
Baruah, Dr. Aparajitha, “Preamble Of The Constitution Of India: A Insight.....Constitutions” , D&D
Publications Pvt. Ltd., New Delhi, 2007, p63

16
AIR 1997 SC 645.

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to be meaningful and liveable with human dignity.
The expression ‘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 dues for his
labour, irrespective of his caste, creed, sex or social status.17

Political Justice means the absence of any unreasonable or arbitrary distinction among men in
political matters. The Constitution has adopted the system of universal adult suffrage, to secure
political justice which can be seen reflected in Articles 15 & 16 of the Constitution of India
which talks about prohibition of discrimination and equal opportunity to hold public offices
respectively. In order that 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, at the same time, makes special provisions for the promotion of the
interests of the socially and educationally backward classes of citizens and other weaker
sections of the people.18

Liberty
of thought, expression, belief, faith and worship
Liberty has been derived from the Latin word ‘liber’ which means free. The idea of Liberty
came to the forefront with the French Revolution in 1789 and the leaders defined liberty as “the
power to do as anything that does not injure another is liberty.”19
The term ‘liberty’ in the preamble of constitution of India, is used both in a negative as well as
positive sense. As a negative concept liberty means the absence of all undue or arbitrary
interference with individual’s 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 the national life like ‘liberty of thought, expression, belief, faith and
worship.20
The Constitution of India professes to secure the liberty of thought,expression, belief, faith and
17
Art 39(d)COI
18
Baruah, Dr. Aparajitha, “Preamble Of The Constitution Of India: A Insight.....Constitutions” , D&D
Publications Pvt. Ltd., New Delhi, 2007, p53
19
Myneni, SR., Political Science for Law Students, 2nd Ed., Allahabad Law Agency, Allahabad, 2006, 168

20
Baruah, Dr. Aparajitha, “Preamble of the constitution of india: A insight.....constitutions” , D&D Publications
Pvt. Ltd., New Delhi, 2007,p 56
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worship, which are regarded essential to the development of the individual in the Nation. The
same principal is reflected in Articles 25– 28 of the Constitution which talk about the Right to
Freedom of Religion and Article 19 (1) (a) which talks about the liberty inthe field
of expression.
Equality
Equality of status and of opportunity is secured to the people of India by abolishingall
distinctions or discriminations by the State, between citizen and citizen, on the ground
of religion, race, caste, sex or place of birth and by throwing open ‘public places’ to all the
citizens. One of the main tasks before the constitution makers was to ensure equality of status
and opportunity for all, and to provide a basis for ultimately establishing an egalitarian society.
They proceed to achieve these objectives by incorporating a set of fundamental principles into
the constitution. The idea of equality was transmitted to the people of India through the ages,
and then embodied in the objectives resolution.21 This has been provided for in the Articles 14
and 15 of the Constitution of India and the same talk about equality before law and prohibition
of discrimination. The Constitution also abolishes untouchability and titles by the Articles 17
and 18 respectivly. This helps in securing equality of opportunity in the matters relating to
employment or appointment to any office under the State under Article 16 of the Constitution of
India.
Fraternity
assuring the dignity of the individual and the unity and integrity of the Nation
Fraternity means a feeling of brotherhood, brotherliness, a feeling that all people are children of
the same soil, the same motherland. The term was also inspired by the French Revolution and
was added to the Preamble by the Drafting Committee of the Constituent Assembly
because,“the Committee felt that the need for fraternal concord and goodwill in greater than
now India was never and that this particular aim of the new constitution should be emphasized
by special mention in the Preamble.”22 There is no express provision in the Constitution which
reflects ‘fraternity as anobject. However, there are provisions in the Constitution, such as
common citizenship, the right of the citizen of India to move freely, to reside and settle in any
part of the territory of India, etc., which generate their spirit of brotherhood. The dignity of the
individual is to be maintained for the promotion of fraternity. Therefore, the Preamble assures
the dignity of each and every individual. This dignity is assured by securing to each individual
equal fundamental rights and at the same time laying down a number of Directives for the State

21
ibid p60
22
Ibid p62
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which direct the State policies towards betterment of citizens. The Unity and Integrity 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 State overriding 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.

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 OBJECTIVES ENSHRINED IN CONSTITUTION
Almost every modern Constitution opens with a preamble, so does the Constitution of India.
But before moving further it is of the essence to answer the basic question as to ‘what is a
preamble?’ Preamble constitutes an introductory part of a statute, deed, or the like, stating the
reasons and intent of what follows. In other words, it is a brief introductory statement that sets
out the guiding purpose and principles of the document.
As we deal with the Constitution of a country here, let me put it this way - the preamble
represents the basic structure and spirit of the Constitution. Not only this, the preamble serves
as a channelising tool for the interpretation of Constitution as a whole.
Infact there is a background that how Indian constitution rather its preamble came into being.
The process of evolution of Constitution actually began along the sidelines of the freedom
struggle against the British Empire. As the history reveals, the British colonists challenged the
Indian leaders to produce a Constitution which carries behind it a fair measure of general
agreement among different sections. So it is in this context the Constitution of India came into
being. And accordingly a preamble was inserted in the same, describing rather guiding what the
Indian constitution stands for.
So the preamble to Indian Constitution symbolizes what the people of India had dreamt for
long. It is the preamble which sets out what India wanted to achieve. I mean what kind of
polity, the ideals et cetra which it seeks to ensure. And it is in the context of preamble the
purview of the Constitution is based upon. In a way, the purview of the Constitution reflects
what has been outlined in the preamble to it. Thus it is clear from here that the preamble is a
source of Constitution. Yet there are limitations to this assertion.
Pertinent to mention here, a Constitution of a country is the supreme law of the land to which
all other laws must confirm to be valid and binding. Kelsen calls it grundnorm. Secondly a
Constitution is not just an ordinary law. Therefore a constitution cannot be construed in the
same way and upon the same principles as the ordinary statutes are. “Ordinary laws meet
certain contingencies or certain situations while as a Constitution is framed for ages to come
and is designed to approach immortality as near as human institutions can approach,” observes
Chief Justice Marshall of the U.S Supreme Court.
Having said this it is important to have a preamble at the opening of a Constitution, just
outlining the scope of this grand document. What follows from this assertion is that no reading
of any Constitution can be complete without reading it from the beginning to the end. The end
may expand or alter but the point of commencement can never change. It is the preamble
wherefrom the Constitution commences. Hence the significance of the preamble. Had there
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been no preamble in the Indian Constitution it would have been difficult to know what India
stands for. The preamble introduces the document rather the country.
There has been a controversy on the point whether the preamble is a part of the Constitution or
not until 1973 when the Supreme Court of India observed, in Kesavananda Bharti V. state of
kerala (1973) 4 SCC 225, that the preamble is a part of the Constitution. Thus overruling its
earlier decision that “the preamble is not a part of the Constitution” as given in Re: berubari
union (1) (1960) 3 SCR 250. Infact there is no room for the above controversy for a motion was
adopted in the Constituent Assembly that “the preamble do stand part of the Constitution”
(C.A.D, Vol.10, p. 429). And it is actually this motion the Court relied upon in Kesavananda’s
case.
However, the Supreme Court laid down an important principle in Re: berubari union case that
“the preamble is a key to open the minds of its makers which may show the general purposes
for which they made the several provisions in the Constitution.” These two italicized lines
observed by the Honorable Court clearly show that the preamble is a source of the Constitution.
Shelat and Grover, JJ. in Kesavananda’s case, also held that “the constant strain which runs
throughout each and every article of the Constitution is reflected in the preamble.”
Let us suppose take at the first instance the polity assured to the people of India by the
Constitution in its preamble where it is described as SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC. When we peruse the purview of the Constitution we indeed find
provisions which explain these main edifices Indian Constitution is built upon. What the
preamble does, it only outlines these concepts.
For instance, the Directive Principles of State Policy contained in part IV of the Constitution are
designed for the achievement of socialistic goal envisaged in the preamble. However the word
‘socialist’ itself is nowhere defined in the Constitution, so as to avoid, I think, the rigidity of its
scope. The preamble makes it clear that India is a Democratic Republic which signifies that the
government here is of the people, by the people and for the people. And we indeed find the
relative provisions in the purview of the Constitution.
But this is not all about the concept of Democracy. The other fundamental is that “Democracy
is also a way of life and it must maintain human dignity, equality and rule of law”. The
preamble states in clear terms that the Constitution shall seek to secure to the people “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”. It is with this object that Indian Constitution carries an exclusive part,
i.e., Part III on fundamental rights. For example, Article 19 provides that all citizens have the

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right to freedom of speech and expression; to assemble peaceably and without arms; to form
associations and unions; to move freely throughout the territory of India; to reside and settle in
any part of the territory of India and to practise any profession or to carry on any occupation,
trade or business. Also, Article 25 of Part III which confers on every person the freedom of
conscience and the right freely to profess, practise and propagate religion. The freedom
guaranteed in Article 25 necessarily requires liberty of thought, expression, belief, faith and
worship. Other rights to freedom are contained in Articles 20, 21 and 22 which respectively
deal with protection against double jeopardy and self incrimination, protection of life and
personal liberty and protection against detention. The safeguards available to a detenu under
Article 22 epitomizes the democratic structure which the forefathers of India had in mind. But
what we experience on the ground is that these concepts, enunciated in the preamble, are being
misused and abused time and again. Sometimes under the pretext of the blanket term “national
interest” and at other times under the disguise of other erroneous reasons.
Likewise, Equality of Status and of Opportunity is secured by Articles 14, 15, 16 and 17. These
days, it is not possible to conceive of a democratic republican form of government without
equality of citizens. As Chandrachud, J, in Raj Narain’s case, has rightly observed that
“equality is the faith and creed of our democratic republic”. The preamble lastly contains the
promise to promote “Fraternity assuring the dignity of the individual and the unity and integrity
of the Nation”. By “fraternity” is understood a spirit of brotherhood the promotion of which is
absolutely essential in a country which is composed of people of many races and religions. This
spirit of brotherhood assuring the dignity of the individual and the unity and integrity of the
Nation is sought to be achieved by abolition of untouchability (article 17), abolition of titles
(Article 18), prohibition of traffic in human being (Article 23) and many more.
One can hence say that the preamble contains a condensed and accurate account of the
objectives and broad features of the Constitution which are worked out in detail in the
succeeding Articles. However, as Lord Normand of House of Lords observes, there may be no
exact correspondence between the preamble and the enactment, and the enactment may go
beyond, or it may fall short of, the indications that may be gathered from the preamble. Yet
there is a strong reason for the assertion that preamble is a source of Constitution. In other
words we can say that what is in the preamble is the crux of the entire document and the
purview which follows it is just an explanation.
Again regarding the significance of preamble, the Supreme Court, in Kesavananda Bharati vs.
State of Kerela, also observed that the Preamble may be used to interpret ambiguous areas of
the Constitution where differing interpretations present themselves. However, the Preamble is

14 | P a g e
useful as an interpretive tool only if there is an ambiguity in the article itself and should not be
treated as a rights bestowing part of the Constitution.

15 | P a g e
 CONCLUSION
Now ,it can no longer a hypothesis that preamble of constitution of India is a bulwark to it, rather it
really a bulwark, a alert boundary consciously being guarded by the judiciary in every possible way.
Preamble of constitution of India from its each content is truely striving towards the fulfilment of goals
laid down in the constitution. Constituent assembly have prepared the preamble very vigilantly and the
same can be witnessed from the wording of the preamble. Like every word to the preamble have its
distinct role to play in the complete meaning of preamble and applicable to various constitutional
provisions. As whenever any need arises or ambiguity appears, preamble proves it’s importance there.
Also, supreme court while interpret ting the constitutional provisions or examining the validity of a
legislation and affirmative policy of government, it used to see these through lens of preamble and
correctly reaches to a conclusion regarding particular law or policy. Therefore, preamble to the
constitution of India is in true sense a bulwark to constitution. Supreme court in the case of Berubari
Union and Exchange of Enclaves23, goes on to opined that the preamble is a key to open the mind of the
Constitution makers. It is a guide to interpretation of the provisions of the Constitution. As wording of
the Preamble highlights some of the fundamental values and guiding principles on which
the Constitution of India is based. So, Preamble serves as a guiding light for the Constitution and
judges interpret the Constitution in its light. Even though, 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.
After completing this paper, it becomes clear that preamble is there to rescue constitutional overreach
even if it is in disguise. And number of times, it proves its need and so court has rightly made it a part of
constitution.

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AIR 1960 SC 845
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 BIBLIOGRAPHY

PRIMARY SOURCES:
 CONSTITUTION OF INDIA
 CONSTITUTIONAL ASSEMBLY DEBATES
 CASES REFERRED
1. In Re:berubari union(1) (1960) 3 SCR 250

2. Kesavananda Bharti V. state of kerala (1973) 4 SCC 225

3. Golak Nath v. State of Punjab, !1967) 2 SCR 762

4. S.R.Bommai v. Union of India (1994) 3 SCC 1

5. Indra Sawhney v. Union of India AIR 1993 SC 477

SECONDARY SOURCES:
BOOKS:
 Lahoti, Justice R.C. “ Preamble : the spirit and backbone of constitution of India” ,

EBC, LUCKNOW, 2004

 Baruah, Dr. Aparajitha, “Preamble of the constitution of india: A

insight.....constitutions” , D&D PUBLICATIONS PVT. LTD., NEW DELHI, 2007

 Jain, Prof. M.P , “ Indian constitutional law”, 6th edition, lexis nexis, Nagpur, 2012

 Singh, Mahendra P. , “Constitution of India - V.N. Shukla's Constitution of India”

 Myneni, SR., Political Science for Law Students, 2nd Ed., Allahabad Law Agency,

Allahabad, 2006.

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