Preamble

The Constitution of any country begins with the preamble.

The term 'Preamble' is a latin word, which means "to go before". It is a
preface or a preliminary statement in writing. According to Collins, New
Dictionary (1965, p. 401), the term 'Preamble' means "the introduction to the
statute". It contains the ideals and goals, which the legislature is intending to
achieve. Preamble forms basis to understand the various provisions, objectives and
aspirations intending to be achieved. The Supreme Court, in Berubari Case, (AIR
1960 SC 845) said that "Preamble is a key to open the minds of constitution
makers."
It is to be noted that preamble confers on the Constitution no power, but
directs the aims and objectives, which the Constitution envisages as stated below:
i. It (preamble) contains the enacting clause, which brings the
constitution into force.
ii. It declares the type of Government and polity, which is sought to be
established in the country.
iii. It declares the rights and freedoms, which the people of India to have
secure.
"We the people of India, having solemnly resolved to constitute India
into a Sovereign, Socialist, Secular, Democratic Republic and to secure
to all 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 day of November, 1949, do
hereby adopt, enact and give to ourselves this constitution.

Sovereign, Socialist, Secular, Democratic Republic:

The preamble of the Constitution declares India to be a sovereign,
socialist, secular, democratic republic. The word 'Sovereign' emphasises that
India is fully independent and is no more dependent upon any outside authority.
The words "Socialist and Secular" were inserted in the preamble by the
Constitution (42nd Amendment) Act, 1976. The word 'Socialism' is used in
democratic and socialistic countries and has no definite meaning.
 In general, it means some form of ownership of the means of production
are controlled and distribution done by the State. The term `Secularism' means a
State, which has no religion of its own as recognised religion of the State. In
other words, the State treats all religions equally.
The term 'Democratic' denotes a form of Government, which secures
power/authority from the will of the people.
Finally, the term `Republic' signifies that there shall be an elected head of
the State as the Chief Executive Head. As such, the President of India is the
Chief Executive Head.
The Preamble of our Constitution, as stated secures, Justice, Liberty,
Equality, and Fraternity.

Justice social, economic and political:

The expression `Justice' briefly speaking is "the harmonious reconcilement
of individual conduct with the general welfare of society." An act or conduct of
a person is said to be 'just' if it promotes the general well being of the
community."
The expression `social justice' means "abolition/removal of all sorts of
inequalities, which may result from the inequalities of wealth, opportunity,
status, race, religion, caste, title and the like." All are treated equally in the
society irrespective of their social status.
The expression 'economic justice' means "justice from the stand-point of
economic force." In simple words, it means "equal pay for equal work, that
every person should get his just dues for his labour irrespective of his caste, sex
or social status."
The expression 'political justice' means "the absence of any unreasonable or
arbitrary distinction among men in political matters." Indian Constitution has
adopted the system of universal adult suffrage, which ensures every citizen
without any discrimination on the ground of caste, race, sex, religion, descent,
place of birth, the right to vote and to contest elections or to hold offices under
the State."
Social justice and equality are complementary to each other, so that both can
maintain their own vitality. The rule of law is thus a patent instrument of social
justice to bring about equality.

Liberty of thought, expression, belief, faith and worship:

The word 'Liberty' is used in two senses i.e., negative and positive senses. In
the negative sense, it means "the absence of all undue or arbitrary interference
with individual's action on the part of the State." In positive sense, "it comprises
of liberties or rights, which are considered essential for an individual to attain
his potentialities and for the perfection of the national life."

Equality of status and of opportunity:

One of the most important objectives of the preamble is "Equality of Status
and Opportunity, which can be secured to the people by abolishing all
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 citizens, by abolishing untouchability and titles, by securing
equality of opportunity in the matters relating to employment or appointment to
any office under the State."

Fraternity:
The term 'Fraternity' means "a spirit of brotherhood, a feeling that all people
are children of the same soil, the mother-land." According to Dr.B.R.Ambedkar,
fraternity implies 'a sense of common brotherhood of all Indians.' The Indian
Constitution makes no provision, which reflects 'fraternity' as an object.
However, there are certain provisions in the Constitution such as common
citizenship, right to move freely, to reside and settle in any part of the territory
of India, to practise any profession or to carry on any occupation, trade or
business, which generates the spirit of brotherhood.
It is made clear from the above, that the source of the constitution is the
people (we, the people of India). The main objectives and goals are: Justice,
Liberty, Equality and Fraternity. These are the four basic pillars, on which the
Constitution of India is built. As per the words enshrined in the preamble, one
can understand that the Constitution of India aims to achieve classless and
casteless egalitarian society.

The Role of Preamble in Interpretation of the Constitution:

There are three main organs in the Government of any State namely, the
Legislature, Executive and Judiciary.
The Legislature makes laws; the Executive is to approve/ implement the
laws and the Judiciary interprets the laws. Preamble helps the judiciary in
interpreting laws particularly at the time of conflict and to remove ambiguity.

Whether preamble is a part of the Constitution:

The crucial question is: whether preamble is a part of the Constitution?
There had been a great controvery as to this question. Some answered this
question in the affirmative, while the others in the negative.
 This question mainly draws the attention of the Parliament as to its
amending power of the constitution under Article 368. If the preamble is
regarded as a part of the Constitution, the Parliament can amend the preamble
also. Otherwise, the amending power of the Parliament does not extend to the
preamble.
The Supreme Court in 1969 in re Berubari Union case (AIR 1960 SC 845)
opined that 'Preamble is not a part of the Constitution and hence, it cannot be
amended by the Parliament'. It has been observed that preamble 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 part of the Constitution, and willingly has observed of the Preamble to the
American Constitution.
To quote, “It has never been regarded as the source of any substantive power
conferred on the Government of the United States, or any of its Departments.
Such powers embrace only those expressly granted in the body of the
Constitution and such as may be implied from those so granted”.

In Saj jan Singh v. State of Rajasthan (AIR 1965 SC 845)

It was observed that while the Preamble was the key to the mind of the
constitution makers, it could not be regarded as part of the Constitution.

However, in 1973 the Supreme Court in Kesavananda Bharati v. State of

Kerala, (popularly known as fundamental rights' cave) AIR 1973 SC 1461
viewed that there is no wrong in treating the 'preamble' as a part of the
Constitution. The Court, while interpreting provisions of Article 368, laid down
that the Union Parliament could not, while amending the Constitution. destroy
the basic structure of the Constitution.

To quote Justice Sikri C J observed, “no authority has been referred before
us to establish the propositions that what is true about the powers is equally true
about the prohibitions and limitations. Even from the Preamble, limitations have
been derived in some cases. It seems to me that Preamble of our Constitution is
of extreme importance and the Constitution should be read and interpreted in the
light of the grand and noble vision expressed in the Preamble”.

In the light of Supreme Court Judgment in Kesavananda Barati's case,

preamble is a part of the Constitution and the Parliament, under Article 368 can
amend the preamble.
However, this amending power of the Parliament as stated above is subject
to a restriction that the basic structure of the Constitution should not be
destroyed. However, it is very difficult to say that, what part of the preamble
constitutes basic structure of the Constitution. In Supreme Court, several judges
held in different cases that the Preamble was a part of our Constitution.
In S.R.Bommai v. Union of India (AIR 1994 SC 1918), Hon'ble
K.Ramaswamy J. has observed, 'The Preamble of the Constitution is an integral
part of the Constitution, democratic form of Government, federal structure,
integrity and unity of nation, secularism, socialism, social justice and judicial
review are basic features of Constitution.
It is to be noted that each and every word in the preamble forms part of the
basic structure. To remove this conflict, the word “Socialist”, Secular along
with the integrity of the nation were in the preamble by 42nd Amendment.
Therefore, the preamble at present in a part of the Indian Constitution and
also forms a part of basic structure, which cannot be disturbed by the parliament
by using the unlimited amending power.