PREAMBLE

Introduction

The preamble is the introductory part of a statute or deed, stating its purpose, aims, and justification. It is the preamble from where the Constitution begins, therefore the preamble holds the much importance. The Preamble to the Constitution has played a predominant role in shaping the destiny of the country. The Preamble to the Constitution like the preamble of any statute furnishes the key points according to which our country functions. It is the heart and soul of our nation.

Scope of Preamble

The Preamble outlines the aim of the whole Constitution. It grants none power, but it gives direction and purpose to the Constitution. The Preamble contains the fundamental of the Constitution. It serves several important purposes as for example;

1. The enacting clause which brings the Constitution into force in the Preamble.
2. It declares the basic government it seeks to establish in the country.
3. It intends the rights and freedoms of the citizens of India.

First, we should look at the Preamble of the Indian Constitution:

We, the PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith, and worship;

EQUALITY of status and of opportunity; and to promote among them all

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

In our Constituent Assembly this twenty-sixth of November 1949, do hereby ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Interpretation of the Preamble

The Preamble says the people are the ultimate authority and the Constitution itself emerges from them. The people wish to make up India into a Sovereign, Socialist, Secular, Democratic, Republic. Sovereignty is the supreme power or authority. India is sovereign because it can proceed with any decision regarding itself without interference by any other country. Sovereign means that only Indians will rule Indians. In addition, the word ‘socialist’ shows the incorporation of the philosophy of ‘socialism’ in the Constitution which aims at the elimination of inequality in income, status, and standards of living.

Secular states that the country does not have a religion of its own and In addition, it will respect all religions. India is Democratic because the country which functions according to ‘to the people, by the people, for the people’. The creation and existence of the government are at the will of the people. Republic means that there is no queen or king ruling over us. Moreover, India is the head of the State and not a hereditary monarch.

The Preamble also states to provide:

1. Justice in every aspect–social, political and economical.
2. Liberty means freedom of expressing one’s thought belief and faith. The people may worship any religion of their choice.
3. Since, equality is the right of being equal in status and an opportunity it discriminates no person based on race, sex, caste, and place of birth.
4. Fraternity means developing the feeling of brotherhood between the citizens so they live with the feeling of brotherhood and unity.

Whether Preamble can be amended?

Let us first know whether Preamble is the part of the Constitution. In Kesavananda Bharati vs. State of Kerela, 1973, it was held that Preamble is an integral part of the Constitution. Moreover, there came the 42nd Constitutional Amendment in 1976, which it regards as Mini Constitution under these three words “Socialist, Secular, and Integrity to the Preamble.

In the same case, they introduced the ‘doctrine of basic structure’. According to this doctrine, any amendment should not change the basic structure of the Constitution while doing an amendment. A Preamble is the part of the Constitution, therefore it can be altered but it should not alter the basic structure.

Conclusion

The words of the statute are interpreted by the Preamble of the Statute. If there is over one meaning to any section, then it has to be checked from the Preamble. Thus, all the importance of any statute lies in its Preamble. As far as it concerns the Constitution, we can say Preamble is the part of the Constitution and the Parliament can amend it without changing the basic structure.