Role of preamble in the interpretation of constitution

Describes how important the Preamble is when

1. Role of Preamble in Interpretation of Constitution

Interpretation of Statutes Page 1

NATIONAL LAW INSTITUTE UNIVERSITY

Project report on
ROLE OF PREAMBLE IN THE INTERPRETATION OF CONSTITUTION

X TRIMESTER

Submitted By
Shubham Borkar
2012BALLB43

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Acknowledgments :-
I would like to express my sincere thanks to my Teacher for his valuable suggestions &
guidance.
The completion of this project would not have been possible without the magnificent library that
has been provided to the students in the campus itself. Equally important is the wifi connectivity
which runs in the hostels, enabling the students to access the internet at any point of time.
At last, I am again grateful to my teacher Asst Prof. Debashree Sarkar for allowing me to make
a project on ROLE OF PREAMBLE IN THE INTERPRETATION OF CONSTITUTION which
has resulted in an increase of my knowledge of this topic.

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Contents
Introduction .......................................................................................................................................4
Objective of Study: .............................................................................................................................4
Research Methodology used- ..........................................................................................................4
Meaning of Preamble .........................................................................................................................4
Object and Scope of Preamble:............................................................................................................5
Is it part of our Constitution or not...................................................................................................6
Interpretational Value of the Preamble ............................................................................................7
Preamble as Interpreter of Legislation and statutes: .........................................................................9
As provider of Authority to the Indian Constitution: ..........................................................................9
Amendment to The Preamble............................................................................................................ 10
Conclusion ....................................................................................................................................... 10
Critical Analysis on the Judicial Pronouncement of The Preamble Of Indian Constitution ...................... 11
Bibliography ..................................................................................................................................... 13

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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]
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]
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 used-
The research methodology undertaken in this project is Analytical method of 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.
Meaning of Preamble
Preamble means a preliminary or introductory statement, especially attached to a statute or
constitution setting forth its purpose.[3]
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

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
[4]Berubari Union and Exchange of Enclaves, Re , AIR 1960 SC 845, 856: (1960) 3 SCR 250

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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]
4
. 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]
5
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.
Object and Scope of Preamble:
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.

4
[5]Sir AlladiKrishnaswami- Constituent Assembly Debates. Vol. 10, 417.

5
[6]KeshvanandaBharti v. State of Kerala , AIR 1973 SC 1461

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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
6

2. Kesavananda Bharati case
7

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.

6
In Re: Beruberi Union (I), (1960) 3 SCR 250

7
(1973) 4 SCC 225

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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.
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.
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

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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
India-
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.
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.
The word Socialist also has enormous significance as it implies economic and social equality. The word
was added by the 42nd amendment act
8
, 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. 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.

8
Fourty-second Amendment Act to the Indian Constitution, 1976

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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.
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
9
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

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
10
, the Supreme Court held that the Preamble was not a part of the constitution and
therefore it could not be regarded as a source of any substantive power.
In Keshavananda Bharati’s case
11
, 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.

9
AIR 1950 All 732
10
AIR 1960 SC 845, 1960 3 SCR 250
11
Kesavananda Bharati vs State Of Kerala, Writ Petition (civil) 135 of 1970

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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."
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.
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

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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
12
.
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

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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.
13

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."














13
Bhagwati Dan Charan, “The Judicial Pronouncement Of The Preamble Of Indian Constitution”,
www.legalservices.com on 12 October 2012 at 6:00 pm

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Bibliography
• Basu, Durga Das, Shorter Constitution of India, Volume 1, Lexis Nexis Butterworths Wadhwa,
Nagpur, 2010.
• Singh, Mahendra P. , Constitution of India., Eastern Book Company Lucknow, 2008.
• Kumar, Narender, Introduction to the Constitutional Law of India, 1st Ed., Allahabad Law Agency,
Allahabad, 2009.
• Oxford Dictionary & Thesaurus, 9th Impression, 2007.
• Majumdar , P.K., & Kataria , R.P, Commentary on the Constitution of India, Volume 1, Orient
Publishing Company, Allahabad, 2009.
• SR Myneni., Political Science for Law Students, Allahabad Law Agency, Allahabad,2006.

• The Constitution Of India, Bare Act, Universal Law Publishing Co. Pvt. Ltd. New Delhi, 2010.
Websites
• http://www.ambedkar.org
• http://www.indiastudychannel.com
• from http://www.indianetzone.com
• http://www.indiankanoon.org
• http://www.legalserviceindia.com
• http://www.mkgandhi.org
• http://parliamentofindia.nic.in
• http://www.preservearticles.com