Chapter - V Preamble to the Constitution

CHAPTER – V

Preamble to the Constitution – A Declaration of the

State of India to Secure Justice and Security to the
People

Every constitution begins with a Preamble. The Preamble embodies the

objectives or aims or basic purposes of the constitution. It is a preface or the
introduction to the constitution. The interpretation of the Constitution is based
on spirit of the Preamble. The Constitution of India begins with a Preamble
which has a special significance. We cannot regard it or underestimate it as a
collection of useless rhetoric. It contains the ideal, aspirations and declaration of
the nation to ensure justice and to build up the country as a true welfare state.
The Preamble declares the aims and objectives of the Constitution and indicates
the source of its authority. It does not form part of the operative position of the
Constitution. It is a key to unlock the minds of the makers of the Constitution.
Prof. M.V. Pylee writes, “Here was an opportunity for them to give expression to
the dreams of a new order they had been dreaming of year.”23

5.1 Meaning of the Constitution

A Constitution is a set of rules governing an organization. It contains the

supreme laws and rights of a people of a country. Longman Dictionary of
Contemporary English defines constitution as “the system of laws and principles,
usually written down according to which a country or an organization is
governed. A Constitution aims at building up a governmental structure in certain
basic principles. “It is a political and economic document. It represents a specific
political economy.” It necessarily reflects the basic interests and values of the
classes in society that have been responsible for its formulation. The Constitution
of India is drafted in legalistic forms making it a “lawyer's paradise”. It provides
for the basic law and very detailed and minute administrative progressions.

23
M.V .Pylee

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The Preamble is an integral part of the Constitution of India. Our discussion of

the 'Directive Principles of State Policy' and the 'Fundamental Rights' as
enunciated in the Constitution of India will remain incomplete, fragmental and
incomprehensive if we do not shed light on and explain the Preamble, because
the Preamble is inseparably related to both the 'Directive Principles of State
Policy' and the 'Fundamental Rights' as far as the ideas of rights, social justice ,
social security and dignity of man as man are concerned . Before discussing ,
explaining and analyzing the value of Directive Principles in term of social
justice, we need to discuss the implications of the Preamble.

“The Preamble is an ornamental part of the Constitution and is couched in lofty

and stirring language. These words like justice, liberty, equality and fraternity
evoke in our mind, the memories of the great struggles the nations had to go
through in order to secure them. These words tell us why we in India fought the
protracted freedom struggle in which thousands of our people died. With noble
ideas like justice, liberty, equality and fraternity enshrined in the Preamble , we
can build India of our dreams. The Preamble is an embodiment of the principles
in the objective resolution adopted by the Constituent Assembly in 1947.” (A.T.
Philips and K.H. Shivaji Rao).

The Preamble is a very significant part of the Constitution of India. It is used to

explain and elucidate any type of ambiguity of the statute. The Supreme Court of
India endorses the importance of Preamble. Justice Patanjali Sastri observes,
“The court could only search for the objective intent of the legislature primarily
in the words used in the enactment, aided by such historical material as reports
of statutory committees, Preamble etc.” He gives only secondary importance to
the Preamble in the interpretation of the provisions of the Constitution. But
Justice Mahajan attached great importance to it when he observed : “The
interpretation that I am inclined to place on clause (5) Article 22 is justified by
the solemn words of the declaration contained in the Preamble to the
Constitution. It is the declaration that makes our Constitution sublime …..”. A.K.
Gopalan vs. State of Madras, 1950 SCS P-236. “The court was, however, against
the importation of the idea of the spirit of the Constitution in the interpretation
of its provisions on the strength of the declaration of its objectives embodied in

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the Preamble, such as the establishment of justice, liberty, equality, fraternity,

etc. It is quite clear that the Preamble contains the aims and objects which the
Constitution seeks to establish and promote.

5.2 The Preamble Designed to Make India a Welfare State

The 42nd Amendment to the Constitution of India, 1976 has added the words
'Socialist',' 'Secular' and 'Integrity of Nation' to the Preamble in our Constitution.
The Republic has now become 'Socialist' and 'Secular'. The decision to include
the word 'SOCIALIST' is significant. India has been steadily marching towards
some form of socialism since 1953 when the Congress party accepted it as its
ideal a socialist commonwealth. The aim is to establish socialism in India.
Socialism will be achieved by the parliamentary Acts.

The Government of India has adopted a number of measures to give a socialistic

shape to India. It has already nationalized the banks and the means of
production; the right to private property has been removed from the list of
Fundamental Rights through a constitutional amendment. It has introduced the
policy of giving various concessions to the economically backward people to
reduce inequality and thus through many other measures. India has been going
ahead towards socialism. Land distribution policy and barga operation ( In
West Bengal) were socialistic in nature24 . The land distribution policy of
Government of West Bengal is designed to distribute and hand over lands to the
landless tillers. Socialism to which India is committed to a positive and bold
step of the Indian leadership to secure equality to all to root out discrimination
from the society and to protect the disadvantaged classes against deprivation.

Secularism is the aim of the country. Democracy without socialism and

secularism is meaningless. Secularism is a glaring necessity in India's socio-
political context. India is declared as a democratic state and democracy does not

24
Operation Barga was a land reform movement throughout rural west Bengal for recording
the names of the share croppers while avoiding the time consuming method through the
settlement machinery . It bestowed on Bargadars , the legal protection against eviction
by the landlords, and entitled them to the due share of the produce. Operation Barga
was launched in 1978 and concluded by the mid 1980s. It is in line with the Directive
Principles of State Policy ( Article 34)

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allow cultural and religious discrimination. Religious discrimination is

antithetical to the concept of a welfare state. People of the minority community
enjoy as much freedom and equality as those of the majority community.
Besides, the Government of India has adopted some measures to promote the
social and economic life of the minority community in India. India's secularism
ensures that religious minorities do not suffer a sense of inferiority as do the
minority communities in Pakistan and Bangladesh. The Indian democratic
system protects all religions equally and does not itself uphold any state religion.
The idea of secularism implies full freedom and equal respect for all religions.
This is a definite way for India to ensure social justice to the minorities.

To build up an ideal democracy, the Preamble emphasizes justice, liberty,

equality and fraternity as political ideals. The Preamble envisages not only a
democratic form of Government but also a democratic society which is infused
with the ideals and spirit of “Justice, Liberty, Equality and Fraternity”. Dr. M.V.
Pylee writes in his book Constitutional Government in India , “The Preamble
proceeds further to define the objectives of the Indian Republic. These objectives
are four in number – Justice, Liberty , Equality and Fraternity” Democracy is not
merely a form of government but also a socio-economic system based on these
concepts. “This part seems to be the climax of all democratic constitutions.”
(Pylee)

Since India had been long subjected to all kinds of injustice – political, economic
and social – under the British Government, it was but natural that the framers of
our Constitution hope for justice for all and strive for the removal of all
inequalities and discrimination from the society. Justice can exist only in an
egalitarian society because justice will be a reality when everybody has equal
access to equality to be real, must be given equally. Justice means, “A harmonious
reconcilement of individual conduct with the general welfare of society. The
essence of justice is the attainment of the common good. It embraces, as the
Preamble proclaims the entire social, economic and political spheres of human
activity.”

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The ideal of justice implies a system where individuals can realise their full
potentialities. In the view of our founding fathers it is not enough that there is a
political or legal justice. Political and legal justice is a myth unless accompanied
by social and economic justice. Social justice implies that all social
discriminations like caste or untouchability must be ended. Economic justice
implies that economic exploitation should be ended. India is striving her best to
secure social and economic justice to all and adopts policies and programmes to
build up a society of equals and frames rules and laws to provide equality of
status and opportunity. These ideals have been embodied in Articles 14-18
(Rights to Equality), 19-22 (Right to Life and Liberty) and specially in Article 38
(to promote the welfare of the people).

The Preamble may not have any legal value because it cannot normally qualify
the provision of the Constitution. Yet in cases of doubt, the Supreme Court of
India has referred to the Preamble to elucidate vague provisions of the
Constitution. The real value of the Preamble lies in its psychological appeal
because it contains words surcharged with emotions – justice, liberty, equality
and fraternity. The philosophy of the Constitution is embodied in the Preamble.
As Justice Hidayatulla said, The Preamble is more than a declaration. It is the
soul of our Constitution and lays down the pattern of our political society. It
contains a solemn resolve which nothing but a resolution can alter. Grenville
Austin says that the Indian Constitution is a social document. It aims at
establishing a better society on the basis of justice, liberty, equality and fraternity
and the Preamble commits the Constitution to a social revolution. The whole of
the Indian Constitution is an elaboration and an elucidation of the Preamble.

The ideals and values proclaimed in the Preamble, according to Chief Justice P.B.
Gajendragadkar, constitutes India's commitment to the ideal of welfare state and
to the establishment of socio-economic justice. Social justice as declared in the
Preamble prohibits discrimination on artificial grounds; it also prohibits forces
creating artificial social barriers. Economic or distributive justice is a corollary to
social justice. It means freedom from hunger and destitution, non-exploitation of
the working class, and reshaping economy in a way that its benefits are equitably
or justly available to the common mass. This socio-economic justice has been

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translated into several Articles in Part III and Part IV of the Constitution. The goal
of social justice and security is embodied in the concept of a welfare state and the
establishment of 'socialist states'.

The Preamble constitutes a perfect document of a democratic welfare state. India

is working hard to ensure the triumph of justice, liberty, equality and fraternity,
Chief Justice Subba Rao in Golaknath vs State of Punjab, 1967, observed: “The
Preamble contains in a nutshell , its ideals and aspiration.” It lays down the
principal objectives which the Government of India should strive to achieve. It is
expressive of the political, moral and religious values which the Constitution is
intended to promote. Pandit Thakur Das Bhargava, a member of the Constituent
Assembly commented: “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.”

5.3 Legal implication of the Preamble

The Preamble is a priceless addition to the Constitution of India and hence is

recognised as a part of the Constitution but not as a part of its operative
provisions as it is stated in the Keshavananda Bharati Case, 1973. The Preamble
is not an enactment ; it is not enforceable in the court of law. It lets the
constitution framers know the evils or inconveniences which they intended to
remedy.

The Preamble enables the court to dispel the ambiguity of language or

expression found in a constitutional provision and to explain and elucidate its
appropriate meaning and significance. This view was nicely expressed by the

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Supreme Court in the Berubari Case (1968)25, Bhim Singh vs. Union of India,
198126; Gopalan vs State of Madras, 1950. “The functioning of the Preamble is
illuminative and not restrictive or expansive.” In Keshavananda Case, though the
Supreme Court declared the Preamble as a part of the Constitution, it could not
suggest that the government could derive any additional power from the
Preamble. Hence, the court cannot be expected to examine the constitutional
validity of a legislative enactment or administrative measure by keeping their
attention confined to the Preamble. The Preamble may better be looked upon as
a 'guiding star' in the interpretation of law.

Dr. Durga Das Basu has made a very significant comment on the legal implication
of the Preamble. He observes that “The proper functioning` of a Preamble is to
explain certain facts which are necessary to be explained before the provisions
contained in the Act can be understood.”27 But the Preamble itself as the then
Chief Justice of the Supreme Court P.B. Gajendragadkar aptly observes, “is
neither a source of power nor a source of the privation of power.”

The recent observation of the Supreme Court on the implication of the Preamble
in matter of rational interpretation of Fundamental Rights is quite significant.
The court is inclined to give expression to the view that since the Preamble sets
forth the aims and objectives of the political system of India, “it may be invoked
to determine the scope of Fundamental Rights.” (Minerva Mills vs. Union of India,
1980) and the 'Directive Principles of State Policy' (State of Kerala vs. Thomas

25
The Berubari Union and ……. Unknown on 14 March , 1960 . Judgment.
Gajendragadkar J. This will be so divided as to give half the area to Pakistan the other half
adjacent to India lies retained by India. The division of Berubari Union no 12 will be
horizontal, starting fromNorth East corner of Debigunj thana. The division should be
made in such a manner that the Cooch Behar enclave of Pachaghar thana of east Pakistan
and Berubari Union no. 12 of Jalpaiguri thana of West Bengal will remain connected as
present with Indian lower down between Boda thana of east Pakistan and Berubari
union No. 12 will be exchanged along with general exchange of enclaves and will go to
Pakistan”
26
Bhim Singh Vs. Union of India & Another; Judge, Manomohan Sarin ; decided on Jul. 26 -
2000
27
D.D. Basu’s Introduction to the Indian Constitution

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1996, Waman Rao And others vs. Union of India 198028 ) ; what led the Supreme
Court to express this view about the Preamble is the interrelationship between
the 'Preamble' and 'Fundamental Rights'. It attaches this importance to the
Preamble because the ideals of socialism, secularism and democracy are
elaborated by the provisions of the Constitution. In the case of Linogappa vs
State of Maharastra, 1985 and Indira Swaney vs. Union of India, 1992, the
Supreme Court proceeded further in this respect. In its view, the words 'social
justice' in the Preamble makes it obligatory for the State to enact positive
measures in order to protect the tribals and the weaker section of the
community.

5.4 Legal and Constitutional Importance of the Preamble

No one can deny the legal and constitutional importance of the Preamble. The
Preamble contains the ideals and aspirations of the constitution-framers. It is a
key to the Constitution which aims at giving a real socialistic and democratic
shape to Indian society in which equality and justice will always prevail . The
nature and character of the Constitution of India and the political system of the
country are easily understood by reading the Preamble. The Preamble cannot be
enforced by the court of law, but it helps and enables the court to explain and
interpret constitutional provision. In Keshavananda Bharati Case, Justice Shikri
annotated that the Preamble is “of extreme importance and Constitution should
be read and interpreted in the light of grand and noble vision expressed in the
Preamble.” The Court also observed that “the edifice of our Constitution is based
upon the basic elements mentioned in the Preamble.”

The Supreme Court's observation on the value and importance of the Preamble
in Atma Prakash's Case, 1986, as quoted below, illuminates and makes it clear

28
A ceiling on agriculture holdings was imposed in Maharahstra by the Maharashtra
Agricultural lands (ceiling on Holdings) act, 1961 which was brought into operation on
January 26, 1962. The ceilings fixed by that Act (the Principal Act) , was lowered and
certain other amendments were made to that Act by Acts 21 of 1975 . The validity of the
Acts was challenged in the Bombay High Court in a large group of over 2660 petitions. A
divison Bench of the High Court sitting at Nagpur repelled that challenge by a judgement

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that the Preamble to the Constitution of India is not a collection of useless

rhetoric:

“Whether it is the Constitution that is expounded or the constitutional validity of

a statute that is considered a cardinal rule is to look to the Preamble to the
Constitution as the guiding light and to the Directive Principles of State Policy as
the Book of Interpretation. The Preamble embodies and expresses the hopes and
aspirations of the people. What people of independent India expect from the
State of India or the Government of India has been unequivocally expressed in
the Preamble to the Constitution. The Directive Principles set approximate goals.
When it is the task of examining statutes against the Constitution, it is through
these glasses that the Court must look, 'distinct vision' or 'near-vision'.

Summary

The Preamble to the Constitution of India is not a conventional addition but an

addition with utmost value and importance of the polity which India as a social
welfare state strives to establish . The spirit of the Constitution has been virtually
epitomized by and embodied in the Preamble. Though the Preamble is not
justifiable or enforceable, it defines the boundary of functions of the Constitution.
India cannot overstep or override the Preamble in the formulation of laws and
adoption and introduction of policies. It can be said that to override the
Preamble is definitely to override the Constitution. The spirit of the Constitution
is announced in the simple few words of the Constitution . That India is
committed to social welfare and social justice is declared in it.

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