Preamble of India: Meaning, Purpose, and Objectives - PDF Notes

Table of Contents Preamble of India....................................................................................................................... 2 Existence of Preamble................................................................................................................ 3 The Obj...

Table of Contents Preamble of India....................................................................................................................... 2 Existence of Preamble................................................................................................................ 3 The Objective Resolution........................................................................................................... 3 Meaning of the Preamble.......................................................................................................... 4 Purpose of Preamble................................................................................................................. 7 Important Words in the Preamble............................................................................................. 8 Grand Objectives and Social Objectives Goal............................................................................ 9 Position of Preamble................................................................................................................ 10 How far is Preamble useful in Interpreting the Constitution? / Is it a source of any power or limitation?................................................................................................................................ 10 Is Preamble a Part of Indian Constitution?.............................................................................. 11 Can Preamble be amended under Article 368?....................................................................... 12 Constitution (Forty Second Amendment) Act, 1976............................................................... 12 Preamble of India  Existence of Preamble  13th December 1946: Pt. Jawaharlal Nehru moved the Objective Resolution.  22nd January 1947: Unanimously accepted by the members of the constituent assembly.  Objective Resolution defines the aims and objectives of the assembly.  The preamble is based on the Objective Resolution.  Sir B. N. Rau, the constitutional advisor to the Constituent Assembly, prepared a draft of the preamble based on the resolution.  Preamble was considered last after considering all the provisions of the constitution.  “The drafting committee of the constituent assembly formulates the Preamble in the light of the ‘Objective Resolution’, but restricted it ‘to defining the essential features of the new state and its basic socio – political objective’ and the draft of the Preamble was considered by the Assembly last after considering other parts of the draft constitution to see that it was in conformity with the constitution.” – Dr. Subhash Kashyap. The Objective Resolution 1) This Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up for her future governance a constitution; 2) WHEREIN the territories now comprise British India, the territories that now form the Indian States, and such other parts of India as are outside British India and the States as well as such other territories as are willing to be constituted into the Independent Sovereign India, shall be a Union of them all; and 3) WHEREIN the said territories, whether with their present boundaries or with such others as may be determined by the Constituent Assembly and thereafter according to the law of the Constitution, shall possess and retain the status of autonomous Units, together with residuary powers, and exercise all powers and functions of government and administration, save and except such powers and functions as are vested in or assigned to the union, or as are inherent or implied in the union or resulting therefrom: and 4) WHEREIN all power and authority of the sovereign Independent India, its constituent parts and organs of government, are derived from the people; and 5) WHEREIN shall be guaranteed and secured to all the people of India justice, social, economic and political; equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith worship, vocation, association and action, subject to law and public morality; and 6) WHEREIN adequate safeguards shall be provided for minorities, backward and tribal areas, and depressed and other backward classes; and 7) WHEREBY shall be maintained the integrity of the territory of the of the Republic and its sovereign rights on land, sea, and air according to Justice and the law of civilised nations, and 8) This ancient land attains its rightful and honoured place in the world and make its full and willing contribution to the promotion of world peace and the welfare of mankind. Meaning of the Preamble  Dictionary meaning 1 The term preamble literally means preface – preliminary statement or introduction. Preface gives a brief framework and the central theme of that very book.  Constituent Assembly 1 Sir Alladi Krishnaswamy Iyer during Constituent Assembly Debate, “It is a sort of introduction to the statute and many a times very helpful to understand the policy and legislative intent. It expresses – what we had thought or dreamt for so long.”  Supreme Court of India 1 Re: The Berubari Union and Exchange of Enclaves v. Unknown (AIR 1960 SC 845)  “The preamble to the constitution of India is a key to open the mind of the makers and shows the general purpose for which they made several provisions in the constitution.” 2 Justice Subba Rao in I.C. Golaknath v. State of Punjab (AIR 1967 SC 1643)  “The preamble to an act sets out the main objectives which the legislation is intended to achieve.” 3 Justice Shelat and Justice Grover in Kesavananda Bharati v. State of Kerala (AIR 1973 SC 1461)  “The Preamble embodies in a solemn form all the ideals and aspirations for which the country had struggled during the British Regime.” 4 Atma Prakash v. State of Haryana (AIR 1986 SC 859)  “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.” 5 Jacob v. Kerala W A. (1991 1 SCC 28)  Explaining the relations between the Preamble, Fundamental rights and Directive Principles of State Policy, the SC observed: "The  Preamble promises socio-economic justice, the fundamental rights confer certain justiciable socio-economic rights and the Directive Principle of State Policy fix the socio-economic goals which the state must strive to attain. These three together constitute the core and conscience of the Constitution." 6 Indra Sawhney v. Union of India (AIR 1993 SC 447)  The Preamble to the Constitution is not mere flourish of words but was an ideal set up for practices and observance as a matter of law through Constitutional mechanism. 7 Ahmedabad Municipal Corporation v. Nawabkhan Gulab Khan (AIR 1997 SC 152)  "The Preamble, the Fundamental Right and Directive Principles of State Policy bave been characterised as the ‘trinity’ of the Constitution."  The Preamble is not the source either of any power or of any Limitation but it gives a direction and purpose to the Constitution which is reflected in Parts III and IV. 8 Navtej Singh Johar v Union of India (Justice RF Nariman)  (25) It is submitted that Section 377 is an anathema to the concept of fraternity as enshrined in the Preamble to our Constitution and the Indian Constitution mandates that we must promote fraternity amongst the citizens sans which unity shall remain a distant dream.  (96) The concept of transformative constitutionalism has at its kernel a pledge, promise and thirst to transform the Indian society so as to embrace therein, in letter and spirit, the ideals of justice, liberty, equality and fraternity as set out in the Preamble to our Constitution.  Constitutional morality is the soul of the Constitution, which is to be found in the Preamble of the Constitution, which declares its ideals and aspirations, and is also to be found in Part III of the Constitution, particularly with respect to those provisions which assure the dignity of the individual.  (97) We may conclude by stating that persons who are homosexual have a fundamental right to live with dignity, which, in the larger framework of the Preamble of India, will assure the cardinal constitutional value of fraternity that has been discussed in some of our judgments. (Dr Dhananjaya Y Chandrachud, J)  (143) Constitutional morality requires in a democracy the assurance of certain minimum rights, which are essential for free existence to every member of society. The Preamble to the Constitution  recognises these rights as "Liberty of thought, expression, belief, faith and worship" and "Equality of status and of opportunity" Constitutional morality cannot, however, be nurtured unless, as recognised by the Preamble, there exists fraternity, which assures and maintains the dignity of each individual. 9 Joseph Shine v Union of India, September 2018 (Adultery Judgement)  (26) The dignity of the individual, which is spoken of in the Preamble to the Constitution of India, is a facet of Article 21 of the Constitution. 10 Indian Young Lawyers Association v The State of Kerala & Ors, 28 September 2018 (Sabarimala judgement) (Dr Dhananjaya Y, Chandrachud, J)  (1) The Preamble to the Constitution portrays the foundational principles: justice, liberty, equality and fraternity. While defining the content of these principles, the draftspersons laid out a broad canvass upon which the diversity of our society would be nurtured. Forry two years ago, the Constitution was amended to accommodate a specific reference to its secular fabric in the Preamble. Arguably, this was only a formal recognition of a concept which found expression in diverse facets, as they were crafted at the birth of the Constitution. Secularism was not a new idea but a formal reiteration of what the Constitution always respected and accepted: the equality of all faiths. Besides incorporating a specific reference so a secular republic, the Preamble divulges the position held by the framers on the interface of religion and the fundamental values of a constitutional order. The Constitution is not, as it could not have been, oblivious to religion. Religiosity has moved hearts and minds in the history of modern India. Hence, in defining the content of liberty, the Preamble has spoken of the liberty of thought, expression, belief, faith and worship. While recognising and protecting individual liberty, the Preamble underscores the importance of equality, both in terms of status and opportunity. Above all, it seeks to promise among all citizens fraternity which would assure the dignity of the individual.  (2) The significance of the Preamble lies both in its setting forth the founding principles of the Constitution as well as in the broad sweep of their content. The Constitution was brought into existence to oversee a radical transformation. There would be a transformation of political power from a colonial regime. Then was to be a transformation in the structure of governance. Above all the Constitution envisages a transformation in the position of the individual, as a focal point of a just society. The institutions through which the nation would be governed would be subsumed in a democratic polity where real power both in legal and political terms  would be entrusted to the people. The purpose of adopting a democratic Constitution was to allow a peaceful transition from a colonial power to home rule. In understanding the fundamental principles of three Constitution which find reflection in the Preamble, it is crucial to notice that the transfer of political power from a colonial regime was but one of the purposes which the framers sought to achieve. 11 Dr. Jaishri Laxmanrao Patil v. The Chief Minister & Ors. (5th May, 2021)  The Preamble of our Constitution reflects a deep deliberations and precision in choosing ideal and aspirations of people which shall guide all those who have to govern. Purpose of Preamble  Preface o Acting as a preface, the preamble encapsulates the essence of the constitution, offering a concise overview of its key themes, values, and objectives. It serves as a roadmap for understanding the broader aims and aspirations that the constitution seeks to achieve, providing context for the detailed provisions that follow.  Source of the Constitution o The preamble emphasizes that the constitution derives its authority from the people of India, highlighting the democratic principle of popular sovereignty. It underscores the notion that the power and legitimacy of the state emanate from the will of the people, who are recognized as the ultimate source of governmental authority and legitimacy.  Type of Government and Polity o By declaring India as a sovereign, socialist, secular, and democratic republic, the preamble articulates the foundational principles upon which the Indian state is based. It delineates the essential characteristics of the Indian political system, such as its commitment to sovereignty, socialism, secularism, and democracy, shaping the nature and structure of governance in the country.  Declaration of Rights and Freedoms o The preamble enunciates the fundamental rights and freedoms that the people of India aspire to secure for all citizens. These rights encompass a wide range of civil, political, economic, social, and cultural entitlements, reflecting the values of liberty, equality, and justice enshrined in the constitution.  Enacting Clause o The inclusion of an enacting clause in the preamble signifies the formal adoption and enactment of the constitution, marking the moment when it comes into force as the supreme law of the land. This clause serves as a legal  declaration of the constitution's authority and binding effect, establishing its validity and applicability within the Indian legal system.  Ultimate Sanction o By clarifying that the ultimate sanction behind the constitution lies in the will and consent of the people, the preamble reaffirms the democratic principle of popular sovereignty. It underscores the notion that the legitimacy of governmental authority ultimately depends on the consent and support of the governed, reinforcing the democratic foundations of the Indian state.  Goals and Objectives o The preamble outlines the overarching goals and objectives of the constitution, providing a broad framework for governance and national development. It articulates the aspirations of the Indian people, including the promotion of justice, equality, fraternity, and the welfare of all citizens, guiding the formulation and implementation of policies and laws in pursuit of these objectives.  Fundamentals of the Constitution o Serving as a repository of the fundamental principles and values that underpin the constitution, the preamble encapsulates the essence of the constitutional order. It articulates core concepts such as democracy, socialism, secularism, and justice, which serve as foundational principles shaping the legal, political, and social fabric of Indian society.  Insight into the Makers' Intentions o By providing insight into the intentions and aspirations of the framers of the constitution, the preamble offers a window into the historical context and purpose behind its enactment. It reflects the collective vision of the constituent assembly, which sought to establish a democratic and egalitarian society based on the principles of liberty, equality, and fraternity, thereby illuminating the ideals and values that inspired the drafting of the constitution.  Direction and Purpose o While the preamble does not confer specific powers or rights, it provides direction and purpose to the constitution, guiding its interpretation and application in accordance with its stated objectives. It serves as a touchstone for evaluating the legitimacy and legality of governmental actions, ensuring that they align with the fundamental principles and values enshrined in the preamble. Important Words in the Preamble  “We the people of India…In our Constituent Assembly…do hereby adopt, enact and give to ourselves this constitution.” o It implies that ‘sovereignty’ lies in the people.  o The constitution, emanates from them. o The ultimate source for the validity of, and the sanction behind the constitution is the will of the people. o The constitution has not been imposed on them by any external authority, but is the handiwork of the Indians themselves. o Justice Mathew in Kesavananda Bharti Case – “The Constitution was framed by an assembly which was elected indirectly on a limited franchise and the assembly did not represent the vast majority of the people of country. At best it could represent only 28.5 percent of the adult population of the provinces, let alone the population of the native states......The Constituent assembly derived its legal competence to frame the Constitution from Section 8(1) of the Indian Independence Act, 1947. The British Parliament, by virtue of its legal sovereignty over India, passed the said enactment and invested the assembly with power to frame the Constitution...The assertion by some of the makers of the Constitution that the Constitution proceeded from the people can only be taken as a rhetorical flourish."  “Sovereign” o India is subject to no external authority. o State has power to legislate on any subject in conformity with constitutional limitations.  “Democratic” o The term democratic signifies that India has a responsible and Parliamentary form of government which is accountable to an elected legislature.  “Republic” o The head of the state is not a hereditary monarch, but an elected functionary. Grand Objectives and Social Objectives Goal  To secure to all its citizens:- o Social, economic and political justice o Liberty of thought, expression, belief, faith and worship. o Equality of status and opportunity o To promote among them fraternity so as to secure the dignity of the individual and the unity and integrity of the nation.  To give a concrete shape to these aspirations, the Constitution has a chapter on fundamental rights which guarantee certain rights to the people, such as, freedom of the person, freedom of speech, freedom of religion, etc.  The goals and objectives in the Preamble and further clarified, strengthen and concretized through the DPSP. Therefore it is essential that the preamble be read along with the Directive Principles which lay down certain goals for the government to achieve so as to maximize social welfare of the people.  Position of Preamble Sr. Questions Re: The I. C. Raghunathrao Kesavananda no Berubari Golaknath & Ganpatrao Etc. Bharati v. Union Ors vs State Etc vs Union State of Kerala And…vs Of Punjab & Of India Unknown Anrs. 1. Is Preamble part of Indian No No Yes Yes Constitution? 2. How useful is High Preamble in If language of Significance of interpreting the constitution Preamble, constitution / is ambiguous, Each provision significance of only then _____ Yes of constitution Preamble Preamble must be must be discussed in referred. light of preamble. 3. Is Preamble a source of any No No No No power or limitation? 4. Can Preamble ____ ____ ____ Yes (42nd be amended? How far is Preamble useful in Interpreting the Constitution? / Is it a source of any power or limitation?  Re: The Berubari Union and Exchange of Enclaves Reference (AIR 1960 SC 845) o The Preamble is a key to open the minds of the makers of the Constitution. o It shows the general purpose for which several provisions of the Constitution were made. o It is not, however, a part of the Constitution. o It is not a source of substantive powers. The powers have to be expressly granted. o If the terms used in any of the articles in the Constitution are ambiguous or are capable of two meanings, in interpreting them some assistance may be sought in the objectives enshrined in the preamble.  I.C. Golaknath v. State of Punjab (AIR 1967 SC 1643) o The preamble is not a platitude but the, mode of its realisation is worked out in detail in the constitution. o An argument is also raised that limitations on the power to amend the Constitution can be found in the preamble to the Constitution. o It was observed unanimously by a bench of nine judges that the preamble forms no part of the constitution and cannot be regarded as the source of any substantive power which the body of the Constitution alone can confer on the Government, expressly or by implication. This is equally true to prohibitions and limitations.  Keshavananda Bharati v. State of Kerala (AIR 1973 SC 1461) o Sikri C.J. observed that preamble is of extreme importance and the Constitution should be read and interpreted in the light of grand and noble vision in the preamble. o Shelat & Grover J.J., observed that preamble is looked upon by courts for guidance and is given a transcendental position while interpreting the Constitution or other laws. Is Preamble a Part of Indian Constitution?  At the second reading of the draft constitution, a member suggested that the preamble should be considered at the third reading. The President of the Constituent Assembly said that this could not be done, because the Constitution as a whole had to be passed in its second reading, and the preamble was a part of the constitution.  After various amendments to the preamble has been rejected, the motion ‘that the preamble do stand part of the Constitution’ was adopted.  Part XVIII of the draft constitution provided for a few articles coming into force on 26th November, 1949, and a member of the Constituent Assembly suggested that the preamble should also come into force on that day. This suggestion was rejected. Sir Alladi Krishnaswamy Ayyar observing that the preamble would come into force when the constitution came into force.  It is obvious that the preamble which declared India to be Republic could not possible come into force on 26th November, 1949, for India continued to be a Dominion till 26th January, 1950.  In Re Berubari case, Supreme Court held that Preamble is not a part of Indian Constitution.  In Keshavananda Bharti case, Supreme Court held that Preamble ia a part of Indian Constitution.  Can Preamble be amended under Article 368?  This question was first time raised in Keshavananda Bharti Case.  Keshavananda Bharati v State of Kerala (AIR 1973 SC 1461) o Preamble can be amended but subject to this condition that the “basic feature” in the Preamble cannot be amended. o The court said that the edifice (structure) of our constitution is based upon the basic elements mentioned in the preamble. o If any of these elements are removed the structure will not survive and it will not be the same constitution or it cannot maintain its identity. o The preamble declares that the people of India resolved to constitute their country into a Sovereign, Democratic, republic. No one can suggest that these words or expression ambiguous in any manner. o An amending power cannot be interpreted so as to confer power on the Parliament to take any of these fundamental and basic characteristics of policy.  Raghunath Rao v Union of India (AIR 1993 SC 1267) o Preamble is ‘a preliminary statement of the reasons’ which made the passing of the Constitution necessary and desirable. o Preamble is an integral part of the Constitution is not to concede that the entire Preamble is a basic feature of the Constitution which would be immune from amendment. Constitution (Forty Second Amendment) Act, 1976  Socialism o The word has no definite meaning. o It has been used invariably in both the types of constitutions – democratic and communist. o Generally, the term implies a system of government in which the means of productions wholly or partially controlled by the state. o India’s socialism is. However, a democratic socialism. o D.S. Nakara v Union of India, 1983  The principle aim of a socialist state is to eliminate inequality in income and status and standards of life.  The basic framework of socialism is to provide a decent standard of life to the working people and especially provide security from cradle to grave.  This amongst others on economic side envisaged economic equality and equitable distribution of income.  Secularism  o Secularism means a state which does not recognise any religion as state religion. o It treats all religion equally. o The concept of secularism was already implicit in the constitution.  “Liberty…belief, faith and worship” in preamble.  Art 25 to 28 – guarantees to every person the freedom of conscience and the right to profess, practice and propagate religion.  Integrity o To put an end to separatist tendencies and make people free that every part of India is their home. o It gives broad meaning to ‘Fraternity’. o It signifies a bond that unites the citizens in the name of the country and bring oneness.