Basics Of Legislation -Cover Page-

DR. RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY
2017-18
BASICS OF LEGISLATION

On Topic

“INDIAN SUPREME COURT ON PREAMBLE:

ANALYZING THE JUDICIAL TREND”

SUBMITTED TO SUBMITTED BY

DR. SHASHANK SHEKHAR NEHA KUMARI BIND

ASSTT. PROF. (LAW) ROLL NO. : 170101086
1ST YEAR (1ST SEMESTER)
Basics Of Legislation -Table Of Contents-

TABLE OF CONTENTS

DECLARATION ............................................................................................................................. i
ACKNOWLEDGEMENT .............................................................................................................. ii
PREFACE ...................................................................................................................................... iii
1. Chapter: INTRODUCTION ................................................................................................... 1
1.1. PREAMBLE :THE TEXT ............................................................................................... 1
1.1. MEANING OF PREAMBLE .......................................................................................... 2
1.2. HISTORY OF PREAMBLE ............................................................................................ 4
1.3. AIMS AND OBJECTIVES OF PREAMBLE ................................................................. 6
2. Chapter : CONTENTS OF PREAMBLE ............................................................................... 9
3. Chapter : PREAMBLE: WHETHER A PART OF CONSTITUTION OR NOT? ............... 18
4. Chapter : PREAMBLE :AS PROVIDER OF AUTHORITY TO THE INDIAN
CONSTITUTION ......................................................................................................................... 20
5. Chapter : AMENDMENT TO THE PREAMBLE ............................................................... 22
Keshavananda Bharati v. State of Kerala ................................................................................. 22
Minerva Mills V. Union of India .............................................................................................. 24
Re: The Berubari Union and Exchange of Enclaves Reference under Article 143(1) of the
Constitution of India. ................................................................................................................ 24
I. C. Golaknath v. State of Punjab ............................................................................................ 25
S.R. Bommai v. Union of India ................................................................................................ 25
6. Chapter : CRITICAL ANALYSIS ON THE JUDICIAL PRONOUNCEMENT OF THE
PREAMBLE OF INDIAN CONSTITUTION ............................................................................. 26
7. Chapter: CONCLUSION ...................................................................................................... 27
BIBLIOGRAPHY .......................................................................................................................... iv
Basics Of Legislation -Declaration -

DECLARATION

I hereby declare that the work reported in this project report entitled

“Indian Supreme Court On Preamble: Analyzing The Judicial Trend” submitted at Dr. Ram

Manohar Lohiya National Law University, Lucknow is an outcome of my work carried out

under the supervision of Mr. Shashank Shekhar. I have duly acknowledged all the sources

from which the ideas and extracts have been taken. To the best of my understanding, the project

is free from any plagiarism issue.

Neha Kumari Bind

Dr. RMLNLU, Lucknow

-i-
Basics Of Legislation -Acknowledgement-

ACKNOWLEDGEMENT

The importance of research in Academics cannot be emphasized enough. While classroom

teaching helps a student with understanding the fundamental concepts of a subject, research

papers like this push one towards the detailed analysis of particular topics.

The fundamentals of my understanding of this topic were established with the classroom lectures

of Mr. Shashank Shekhar, Assistant Professor (Law) at this University. He has since guided

me on this topic for which I am very grateful. I am also grateful to Dr. Madhu Limaye Library,

Dr. Ram Manohar Lohiya National Law University, Lucknow which provided me with the

required support both in the form of books and online database which has been of immense value

to this project.

This research was only built upon existing research of stalwarts in the field of law, parts of which

have been reproduced and duly cited. I am thankful to the authors of all such existing research.

Finally, I acknowledge the support of my peers, the blessings of my parents and the never

ending grace of the almighty which has been the driving force of everything good in my life

including this research paper.

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Basics Of Legislation -Preface-

PREFACE

As a part of the B.A.LL.B.(Hons.) Curriculum and in order to gain practical knowledge in the

field of law, we are required to make projects and my topic is “Indian Supreme Court On

Preamble: Analyzing The Judicial Trend” . The basic objective behind doing this project is to

get knowledge about the interpretational value of the preamble of Indian constitution.

In this project report there is a brief introduction to the meaning of preamble, history of the

preamble and object and scope of the preamble. I 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.

“Indian Supreme Court On Preamble : Analyzing The Judicial Trend” is not a mere project

report, but it concretes the invulnerable value of preamble, that supplement and nourish the core

objective or structure of the Indian constitution. It ensures the basic fundamental structure, as

purported from the very beginning of the constitution. Though the preamble of the constitution

does not constitute an operative part of the constitution, yet it serves several important purposes.

It describes the nature of the Indian state and the objectives it is committed to secure. The

importance and utility of preamble has been pointed out in several decisions of the Supreme

Court.

I am deeply indebted to the eminent authors whose work i have the privilege to quote. I am also

grateful to my Professor Dr. Shashank Shekhar for his valuable suggestion, guidance and

allowing me to make a project on such a topic that resulted in an increase of my knowledge of

this topic.

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Basics Of Legislation -Introduction -

1. Chapter: 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 ideal1.
These were enshrined by the constituent assembly in the preamble of the constitution of India.
The Constitution of India begins with a Preamble which describes the nature of the Indian State
and the objectives it is committed to secure.
The term ‘Preamble’ refers to the introduction of preface to the constitution. The Preamble to the
Indian Constitution is based on the ‘Objective Resolution’ drafted by Pt. Jawaharlal Nehru and
adopted by the framers of the Constitution. The significance of the preamble lies in its
components. It embodies the source of the Constitution i.e., the people of India. The terms
sovereign, socialist, secular, democratic, republic in the Preamble suggests the nature of the state.
The ideals of justice, liberty, equality, fraternity reflects the objectives of the Constitution. It also
contains November 26, 1949 as the date of adoption of the Indian Constitution.2
The rationality of the Indian Constitution is reflected in the Preamble. The autonomy of India
earned through battle for freedom is tried to be underscored by the utilization of the expression
"Sovereign" in the Preamble. The Ghandhian perfect is expected to be secured by the
consolidation of the saying "Communist" in the Preamble by the 42nd Amendment.

The same alteration embedded the expression "Mainstream" to reflect the common nature of
Indian culture. The statement "Republic" in the Preamble demonstrates that India has a chose
head, however in a roundabout way choose, the Indian President is the decision of the populace
of India. These qualities are further reinforced by the saying "Majority rule" in the Preamble. The
utilization of these words in the Preamble demonstrates to, it typifies the essential theory and
principal values on which the Constitution is based.

1
Making of the Constitution: The Preamble and Political Philosophy, URL: http://nos.org317courseEL-
4%20THE%20PREAMBLE%20AND%20POLITICAL%20PHILOSOPHY.pdf.
2
http://veronetwork.wordpress.com/2013/11/09/indian-polity-set-2/.

1
Basics Of Legislation -Introduction -

The Preamble to a Constitution encapsulates the central qualities and the Philosophy, on which
the Constitution is based, and the points and destinations, which the establishing fathers of the
Constitution charged the nation to strive to attain. The criticalness and utility of the Preamble has
been brought up in a few choices of the Supreme Court of India.

However, without anyone else present, it is not enforceable in court of Law, the Preamble to
composed Constitution expresses the articles which the constitution looks to create and advance
furthermore helps the lawful elucidation of the Constitution where the dialect is discovered to be
uncertain. The Preamble to our Constitution serves two reasons:

(a) It shows the source from which the constitution infers its power.

(b) It likewise expresses the items which the constitution tries to secure and advance. To
emphasize these values the Constitution framers have resorted to the use of the concepts like

Justice, Liberty, Equality and Fraternity. Justice-social, economical and political to be secured
through the provisions of Fundamental Rights.

Directive Principles of State Policy. Liberty is guaranteed to the individuals through the
provision of Fundamental Rights, which are enforceable in the court of law. The Preamble
secures to all citizens equality of States and opportunity in civic, political.

The unity and integrity of the nation is sought to secure by the use of the word ‘Fraternity’ in the
Preamble and by the provisions of fundamental duties and single citizenship in the Constitution.

The use of these words in the Preamble shows, it embodies the basic philosophy and
fundamental values on which the Constitution is based. It very well reflects the dreams and
aspirations of the founding fathers of the Constitution.

Chief Jusitce Subba Rao in Golak Nath v. State of Punjab3 had held that “The preamble to an
Act sets out the main objectives which the legislation is intended to achieve”.

3
AIR 1967 SC 1643.

2
Basics Of Legislation -Preamble: The Text -

1.1. PREAMBLE :THE TEXT

THE PREAMBLE
“WE, THE PEOPLE OF INDIA having solemnly
resolved to constitute India into a 4SOVEREIGN
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 the integrity5 of the Nation.

IN OUR CONSTITUENT ASSEMBLY this twenty-

sixth day of November, 1949 do HEREBY, ADOPT,
ENACT AND GIVE TO OURSELVES
THIS CONSTITUTION.”

4
Inserted by the Constitution (42ndAmendment) Act, 1976.
5
Ibid.

1
Basics Of Legislation -Meaning Of Preamble-

1.1. MEANING OF PREAMBLE

The term ‘Preamble’ means the introduction to a statute. It is the introductory part of the
constitution. A preamble may also be used to introduce a particular section or group of sections6.
According to Chambers Twentieth Century Dictionary, a preamble means preface, introduction,
especially that of an act of Parliament, giving its reasons and purpose – a prelude7.

Black’s Law Dictionary states that the preamble means a clause at the beginning or a statute
explanatory of the reasons for its enactment and the objectives sought to be accomplished.
Generally, a Preamble is a declaration made by the legislature of the reasons for the passage of
the statute and is helpful in the interpretation of any ambiguities within the statute to which it is
prefixed. 8

The Constitution opens with a Preamble. Initially, the Preamble was drafted by Sh. B. N. Rau in
his memorandum of May 30, 1947 and was later reproduced in the Draft of October 7, 1947. In
the context of the deliberations by the Constituent Assembly, the Preamble was reformulated.
The Committee claimed that they had tried to embody in it the spirit, and as far as possible, the
language of the Objectives Resolution. Constitutions all over the world generally have a
preamble. The form, content and length of the preamble differ from constitution to constitution.
Irrespective of these differences the preamble generally sets the ideas and goals which the
makers of the constitution intend to achieve through that constitution.

The term ‘Preamble’ means the introduction to the Statute. It is the introductory part
Of the Constitution. “The Preamble of the statue,” said Coke, “is a good means to find out the
meaning of the statute, and as it were a key to open the Understanding thereof.
The preamble states the main objective, purpose and intention of the law makers. It is the
introductory part of a statue or act of parliament which states the intent and reasons of law. Every
statute or act of Parliament must start with a preamble which shows the intent or we may say the
basic criteria for enactment which cannot be violated. It indicates the principles as guidelines by

6
Narender Kumar [2012], Constitutional Law of India, Allahabad Law Agency, Faridabad, P-27.
7
Aparajita Barauh [2007], Preamble of the Constitution of India, Deep and Deep Publications Pvt Limited, New
Delhi, P-3.
8
Ibid.

2
Basics Of Legislation -Meaning Of Preamble-

the framers of the constitution. It is not the part of the constitutions as article. It is merely a
Statement affined to a statute indicating the principles used as guidelines by its framers.

3
Basics Of Legislation -History Of Preamble-

1.2. HISTORY OF PREAMBLE

The Preamble to Indian constitution is based on “Objective Resolution” of Nehru. Jawaharlal

Nehru introduced objective resolution on December 13, 1947 and it was adopted by Constituent
assembly on 22 January 1947. The Objective Resolution9 reads as follows:
➢ 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;
➢ WHEREIN the territories that 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
➢ 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 there from; and
➢ WHEREIN all power and authority of the Sovereign Independent India, its constituent
parts and organs of government, are derived from the people; and
➢ 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
➢ WHEREIN adequate safeguards shall be provided for minorities, backward and tribal
areas, and depressed and other backward classes; and
➢ WHEREBY shall be maintained the integrity of the territory of the Republic and its
sovereign rights on land, sea, and air according to justice and the law of civilized nations;
and

9
Retrived from http://parliamentofindia.nic.in/ls/debates/facts.htm on 10 October 2017 at 8:56 pm.

4
Basics Of Legislation -History Of Preamble-

➢ This ancient land attains its rightful and honored placed in the world and make its full and
willing contribution to the promotion of world peace and the welfare of mankind.

The drafting committee of the assembly in formulating the Preamble in the light of “Objective
Resolution” felt that the Preamble should be restricted to defining the essential features of the
new state and its basic socio-political objectives and that the other matters dealt with Resolution
could be more appropriately provided for in the substantive parts of the Constitution. The
committee adopted the expression ‘Sovereign Democratic Republic’ in place of ‘Sovereign
Independent Republic’ as used in the “Objective Resolution,” for it thought the independence
was implied in the word Sovereign. The committee added word Fraternity which did not occur
in the Objective Resolution. “The committee felt that the need for fraternal concord and goodwill
in India was never greater than now and that this particular aim of the new Constitution should
be emphasized by special mention in the Preamble.”10In other respect the committee tried to
embody in the Preamble “the spirit and, as far as possible, the language of “Objective
Resolution.”11

10
Retrieved from http://www.ambedkar.org/ambcd/63A2.Dr.%20Ambedkar's%20Entry%20into%20the%20CA.htm
on 10 October 2017 at 9:19 pm.
11
Justice Lahoti, R C, Preamble: The Spirit And The Backbone Of The Constitution Of India,Eastern Book
Company, Lucknow ,1st edn,pp 26-29.

5
Basics Of Legislation -Aims And Objectives Of Preamble-

1.3. AIMS AND OBJECTIVES OF PREAMBLE

The following are the objectives which the Preamble the preamble secures to every citizen 12-

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.

"Liberty equality and fraternity" which the Constitution seeks to secure all the people of India
are to serve the primary objective of ensuring social, economic and political justice.

1) Social, economic and political Justice: The first objective set out by Preamble is to secure
justice social, economic and political. Article. 38 also provide that the State shall promote the
Welfare of the people and social order.

2) Liberty of thought, expression, faith and worship : Article 19 (1) (a) guarantees
fundamental right to freedom of speech and expression and an Article 25 and 26guarantee
freedom of conscience, freedom to profess, practice or propagate any religion, to manage
religious institutions.

3) Equality of status and opportunity: Article 14 to Article 18 guarantees Right to Equality.

Article 14 provides equality before law and equal protection of law .

Article 15 prohibits discrimination on the ground of religion, race, caste, sex and place of birth.

12
M P Jain, Indian Constitutional Law ( 6th edn, LexisNexis 2010) 1072.

6
Basics Of Legislation -Aims And Objectives Of Preamble-

Article 16 gives right of equal equal opportunity in matter of public employment.

Article 17 provides abolition of untouchability .

Article 18 provides abolition of titles.

Thus, Preamble of Indian constitution not only gives nature and source, aims and objectives but
also the pattern and mode of the Constitution.

4) To promote fraternity: Fraternity means Brotherhood. It implies that all citizens should
have a feeling that they are members of the same family with common interest. There are many
provisions in the Constitution incorporated with a view to promote this kind of feeling in the
citizens.

5) To ensure dignity of individual: The Constitution gives proper place to every individual and
guarantees valuable freedom to each individual to develop his personality with certain
restrictions.

6) To assure unity and integrity of nation: The word integrity was added by 42nd
Constitutional amendment 1976. The Preamble aims at the unity and integrity of the nation.

The Preamble to our Constitution serves several purposes:

a) It contains the enacting clause which brings the Constitution into force.
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.

7
Basics Of Legislation -Aims And Objectives Of Preamble-

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 sanction13. 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 all Fraternity assuring the dignity of the individual and the unity and
integrity of the Nation.

13
Keshavananda Bharati v State of Kerala, AIR 1973 SC 1461.

8
 Basics Of Legislation -Contents Of Preamble -

2. Chapter : CONTENTS OF PREAMBLE

Preamble is part of our constitution. The contents of Preamble play an important role in
interpretation of our constitution. The Preamble declares:

“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 day of November, 1949, DO HEREBY

ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

I. WE THE PEOPLE OF INDIA

The Constitution, as its preamble states, is a creation of the will of “the People of India” who
have, as the preamble enunciates, solemnly resolved to constitute India into a “Sovereign
Democratic Republic.” The idea of sovereignty involves freedom from a foreign control or
domination. The idea of democracy involves freedom from all internal control or domination.
Both ideas combined together reassert the sovereignty and paramountacy of the people’s will
over everything14. The same has been taken up from the Constitution of the United States of
America and the United Nations Charter.

14
Majumdar, P K & Kataria, R P, Commentary on the Constitution of India, 10th Edition, Volume 1, Orient
Publishing Company, Allahabad, 2009, 192.

9
 Basics Of Legislation -Contents Of Preamble -

In other terms the words “We, the People of India” declare in unambiguous terms that the
Constitution has been adopted, enacted and given to themselves by the people of India. It is
declared that ultimate sovereignty in India, resides in the people themselves. This fact has been
disputed that it is not historically true, for, neither the men who made the constitution were said
to be fully representatives of the Nation, nor the Constitution had been ratified by a direct vote of
the people.15
Mr. Nehru, speaking in the Constituent Assembly, explained the significance of these words. He
explained that the word ‘People’ indicated that the Constitution was not created by the States,
nor by the people of the several States, but by the people of India in their aggregate capacity. So
enacted, it would not be open to any State, or group of States either to put an end to our
Constitution or to secede from the Union created by it16. The Supreme Court in Union of India
v. Madangopal17 referred to the words “We the people of India” in the Preamble and observed
that “our Constitution, as appears from the Preamble, derives its authority from the people of
India.”
To sum it up we can say that the supreme power of the land rests with the people of India and
the true sovereignty lies with the citizens of India as evident from the Preamble.
II. SOVEREIGN

As defined by R.H. Soltan18, “Sovereignty is the exercise of the final legal coercive power of the
State.” According to another definition by Woodrow Wilson19, “Sovereignty is the daily
operative power of framing and giving efficiency to the laws.”In other words “sovereign” stands
for the power which is absolute and uncontrolled within its own sphere20. In the words of
Cooley, “A State is sovereign when there resides within itself a supreme absolute power,
acknowledging no superior.”21 The term ‘sovereign’ used in the Preamble seems to have been
taken from Article 5 of the Constitution of Ireland22. The word “sovereign” emphasizes that

15
Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008, 26.
16
Constituent Assembly Debates, Volume I, 55-56.
17
AIR 1954 SC 158.
18
Myneni, S R., Political Science for Law Students, 2nd Edition, Allahabad Law Agency, 2006, 100.
19
Ibid.
20
Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008, 27.
21
Pandey, J N, The Constitution of India, 47th Edition, Central Law Agency, Allahabad, 2010, 31.
22
Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008, 27.

10
 Basics Of Legislation -Contents Of Preamble -

India is no more dependent upon any outside authority. However, India is still a member of the
Commonwealth of Nations but its membership of the Commonwealth of Nations is not
inconsistent with her independent sovereign status 23and it is merely a voluntary association of
India and it is open to India to cut off this association at her will, and that it has no Constitutional
significance24. In very simple and concise terms we can say that the intention behind inserting
the word “sovereign” into the Preamble was to highlight the face that India is not dependent on
any outside authority and that both externally and internally India is a sovereign. India
recognizes no foreign power as its master.

III. SOCIALIST

The term ‘Socialist’ was added to the Preamble of the Constitution of India by the Constitution
(42nd Amendment) Act, 1976. The term ‘Socialist’ literally relates to the theory advocating state
ownership and control of means of ownership and control of means of production, distribution
and exchange25. But the term is used in a different sense in the Constitution. Mrs. Indira Gandhi,
the then Prime Minister, explained that the term ‘socialist ‘was used simply to indicate that the
goal of the State in India was to secure ‘a better life for the people of India’ or ‘equality of
opportunity’. She, thus, made it clear that India had her own concept of socialism and all she
wanted was a better life for her people26. In D.S. Nakara v. Union of India,27 the Court observed
that “the basic framework of socialism is to provide a descent standard of life to the working
people and especially provide from cradle to grave. This amongst others on economic side
envisaged economic equality and equitable distribute of of income.” The principal aim of a
socialist State, the Supreme Court held, was to eliminate inequality in income and status and
standard of life. Thus we can say that democratic socialism aims to end poverty, ignorance,
disease and inequality of opportunity.28

23
Pandey, J N, The Constitution of India, 47th Edition, Central Law Agency, Allahabad, 2010, 31.
24
Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008, 27.
25
Oxford Dictionary & Thesaurus, 9th Impression, 2007. 725.
26
Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008, 27
27
AIR 1979 SC 25.
28
Bakshi, P M , The Constitution of India, 8Th Edition, Universal Law Publishing Co, Delhi, 2008, 3.

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 Basics Of Legislation -Contents Of Preamble -

IV. SECULAR

The real meaning of secularism in the language of Gandhi is Sarva-Dharma-Sambhav meaning

equal treatment and respect for all religions, but we have misunderstood the meaning of
secularism as Sarva-Dharma-Sam-Abhav meaning negation of all religions.29 The term Secularism
explains that the State does not recognize any religion as a State religion and that it treats all
religions equally with equal individual rights for faith, religion or worship.As put in simple
words by the Supreme Court of India “Our concept of Secularism, to put in a nutshell, is that the
State will have no religion.” .30 The concept of Secularism is also contained in Articles 25 to 30
of the Constitution byway of Right to Freedom of Religion. The Supreme Court in St. Xavier’s
College v. State of Gujarat,31 explained that India “is neither anti-God, nor pro-God; it treats
alike the devout, the antagonistic and the atheist. It eliminates God from the matters of the State
and ensures that no one shall be discriminated against on the ground of religion.” That every
person if free to go to the God or Heaven in his own ways. And, that worshipping God is left to
be dictated by his own conscience32. Secularism is declared to be the one of the basic features of
the Constitution, which is beyond the amending power of the Parliament33. It means honoring all
religions34. To sum it up we can say that the Constitution of India recognizes no religion and treats
all religions equally and encourages one to practice the religion of his choice.

V.DEMOCRATIC

The term democracy has been derived from the Greet root ‘demos’ which means ‘the people’:
‘Kratos’ stands for ‘rule’ or ‘government’. Thus literally, democracy signifies ‘the rule of the
people.’35 The definition given by Abraham Lincoln reads “Democracy is the government of the
people, by the people, and for the people.”36 The Constitution of India sets up India a

29
Majumdar, P K & Kataria, R P, Commentary on the Constitution of India, 10Th Edition, Volume 1, Orient
Publishing Company, Allahabad, 2009, 196.
30
Bal Patil v Union of India, 2005 (6) SC 374.
31
AIR 1974 SC 1389.
32
Kumar, Narender, The Constitutional Law of India, 1st Ed, Allahabad Law Agency, Allahabad, 2009, 21.
33
S R Bommani v Union of India , AIR 1994 SC 1918.
34
M Ismail Faruqui v Union of India , AIR 1995 SC 605.
35
Gauba, O P, An Introduction to Political Theory, 4th Edition, Macmillan India Ltd, Delhi, 2007. 421.
36
Ibid.

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 Basics Of Legislation -Contents Of Preamble -

“Democratic Republic”. Democracy may be properly defined as that form of Government in the
administration of which the mass of adult population has some direct or indirect share. The
Supreme Court in Mohan Lal v. Dist. Magistrate Rai Bareilly,37 observed: “Democracy is a
concept, a political philosophy, an ideal practiced by many nations culturally advanced and
politically matures by resorting to governance by representatives of the people elected directly or
indirectly.” Democracy thus may be direct or indirect. In the case mentioned above it was also
inferred that direct democracy is one where the people directly exercise their power of
the government and carryon the government and change the government by their direct vote. In
an indirect democracy, the people elect their representatives who carry on the administration of
the government directly. The Supreme Court in the case of Union of India v. Association for
Democratic Reforms,38 observed: “a successful democracy posits an ‘aware’ citizenry”.
“Democracy cannot survive without free and fair elections, without free and fairly informed
voters.” This clearly emphasizes the value of the power bestowed upon the citizens of India to
elect the government which is also essential for the functioning of the democracy.

VI. REPUBLIC

The term Republic is used in distinction to ‘Monarchy.39 In other words India is a republic
because the head of the State is not a hereditary monarch40. Hence, in India the head of State is not a
heredity position as seen in the case of the Queen of the United Kingdom of Great Britain and
Northern Ireland; the head of the state in India is an elected person who is elected by the citizens
of India. The Constitution of India sets up in India a ‘republican form of Government’, in which,
the ultimate power resides in the body of the people, enfranchised by universal adult franchise.
The President of India, is the Executive Head of the State, is elected by the people and holds
office for a term of five years.

VII.JUSTICE : SOCIAL, ECONOMIC AND POLITICAL

37
AIR 1993 SC 2042.
38
AIR 2002 SC 2112.
39
Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008, 32.
40
Pandey, J N, The Constitution of India, 47th Edition, Central Law Agency, Allahabad, 2010, 31.

13
Basics Of Legislation -Contents Of Preamble -

The expression “Justice” briefly speaking is the harmonious reconcilement of individual conduct
with the general welfare of the society. An act or conduct of a person is said to be just if it
promotes the general well-being of the community. Therefore, the attainment of the common
good as distinguished from the good of individuals is the essence of justice. The Constitution of
India professes to secure to the citizens:
• Social Justice
• Economic Justice
• Political Justice
Social Justice means the abolition of all sorts of inequalities which may result the inequalities of
wealth, opportunity, status, race, religion, caste, title and the like. To achieve this ideal of social
justice, the Constitution lays down the Directives Principles of State Policy in Part IV of the
Constitution. In the case of Air India Statutory Corporation v.United Labor Union,41 the
Supreme Court observed that the aim of social justice was to attain substantial degree of social,
economic and political equality which was the legitimate expectation and constitutional goal. It
was held that social justice was a dynamic device to mitigate the sufferings of the poor, weak,
dalits, tribals and deprived sections of the society and to elevate them to the level of equality, to
live a life with dignity of person. The Court ruled that the Preamble and Article 38 of the
Constitution envisioned social justice as the arch to ensure life to be meaningful and livable with
human dignity . The expression Economic Justice means justice from the standpoint of economic
force. In short, it means equal pay for equal work, that every person should get his just dues for
his labor, irrespective of his caste, creed, sex or social status42. Political Justice means the
absence of any unreasonable or arbitrary distinction among men in political matters. The
Constitution has adopted the system of universal adult suffrage, to secure political justice which
can be seen reflected in Articles 15 & 16 of the Constitution of India which talks about
prohibition of discrimination and equal opportunity to hold public offices respectively. In order
that justice in real sense be secured to the people of India, the constitution, not only secures
equality of status and of opportunity by prohibiting discrimination on various grounds, at the

41
AIR 1997 SC 645.
42
See Article 39 (d), Constitution of India.

14
 Basics Of Legislation -Contents Of Preamble -

same time, makes special provisions for the promotion of the interests of the socially and
educationally backward classes of citizens and other weaker sections of the people.43

VIII. LIBERTY: OF THOUGHT, EXPRESSION, BELIEF, FAITH AND WORSHIP

Liberty has been derived from the Latin word ‘liber’ which means free. The idea of
Liberty came to the forefront with the French Revolution in 1789 and the leaders defined
Liberty as “the power to do as anything that does not injure another is liberty.”44 The term
‘liberty’ is used both in a negative as well as positive sense. As a negative concept liberty means
the absence of all undue or arbitrary interference with individual’s action on the part of the State.
In positive sense, liberty comprises of liberties or rights which are considered essential for an
individual to attain his potentialities and for the perfection of the national life45. The Constitution
of India professes to secure the liberty of thought, expression, belief, faith and worship, which
are regarded essential to the development of the individual in the Nation.
The same principal is reflected in Articles 25 – 28 of the Constitution which talk about the Right
to Freedom of Religion and Article 19 (1) (a) which talks about the liberty in the field
of expression.

IX. EQUALITY: OF STATUS AND OF OPPORTUNITY

Equality is the basis of democracy like equality. The formulation of the doctrine is the product of
eighteenth century. In the American Declaration of Independence (1776), it is described that “we
hold these truths to be self -evident that all men are created equal.” The Declaration of Rights of
Man (1789) issued by the National Assembly in France during the French Revolution states that
“Men are born, and always continue, free and equal in respect of their rights. Equal opportunities
to all are necessary for the fullest development of personality of the people.”46 Equality of
status and of opportunity is secured to the people of India by abolishing all distinctions or

43
Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008, 33.
44
Myneni, S R, Political Science for Law Students, 2nd Ed, Allahabad Law Agency, Allahabad, 2006, 168.
45
Kumar, Narender, The Constitutional Law of India, 1st Ed, Allahabad Law Agency, Allahabad, 2009. 22.
46
Myneni, S R, Political Science for Law Students, 2nd Ed, Allahabad Law Agency, Allahabad, 2006, 183.

15
 Basics Of Legislation -Contents Of Preamble -

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 the citizens.47 This has been
provided for in the Articles 14 and 15 of the Constitution of India and the same talk about
equality before law and prohibition of discrimination. The Constitution also abolishes
untouchability and titles by the Articles 17 and 18 respectively. This helps in securing equality of
opportunity in the matters relating to employment or appointment to any office under the State
under Article 16 of the Constitution of India.

X. FRATERNITY: ASSURING THE DIGNITY OF THE INDIVIDUAL AND THE UNITY AND
INTEGRITY OF THE NATION

Fraternity means a feeling of brotherhood, brotherliness, a feeling that all people are children of
the same soil, the same motherland. The term was also inspired by the French Revolution and
was added to the Preamble by the Drafting Committee of the Constituent Assembly because,
“The Committee felt that the need for fraternal concord and goodwill in India was never greater
than now and that this particular aim of the new constitution should be emphasized by special
mention in the Preamble.”48 There is no express provision in the Constitution which reflects
‘fraternity as an object. However, there are provisions in the Constitution, such as common
citizenship, the right of the citizen of India to move freely, to reside and settle in any part of the
territory of India, etc., which generate their spirit of brotherhood. The dignity of the individual is
to be maintained for the promotion of fraternity. Therefore, the Preamble assures the dignity of
each and every individual. This dignity is assured by securing to each individual equal
fundamental rights and at the same time laying down a number of Directives for the State which
direct the State policies towards betterment of citizens.
The Unity and Integrity 49of the Nation sounds the concern of the founding fathers of the
Constitution regarding the maintenance of the Independence of the nation as well as the success
of the democracy in India. Therefore, while securing rights and freedoms for the individuals,

47
Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008, 34.
48
Shiva Rao, The Framing Of The Indian Constitution, N M Tripathi Pvt Ltd , Bombay, 1967, III, 510, cited in
Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008, 34.
49
Inserted by the Constitution (42nd Amendment) Act, 1976.

16
Basics Of Legislation -Contents Of Preamble -

they incorporated in the Constitution elaborate provisions conferring on the State overriding
powers in the form of emergency provisions as to help contain any forces threatening and
endangering the unity and integrity of the country. India has been declared as a Union of States
and is intended to put an end to the separatist tendencies.

17
Basics Of Legislation - Preamble:Whether A Part Of Constitution Or Not?-

3. Chapter : PREAMBLE: WHETHER A PART OF 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
2. Kesavananda Bharati case
Beruberi case50 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. 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 case51 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;

50
Supra 8
51
Supra 10

18
Basics Of Legislation - Preamble:Whether A Part Of Constitution Or Not?-

(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. The opinion of K.K Mathew J. said that the preamble
stands part of the constitution and there seems to be no valid reason why the Preamble, being a
part of the constitution, cannot be amended. The framers of the Constitution of India set out three
broad purposes preamble. First, they sought to constitute India into a „Sovereign Socialist
Secular Democratic Republic‟. India is Republic because the head of the state is not hereditary
monarch. It is Democratic because the Constitution ensures the creation and existence of the
government at the will of the people through the participation in the formation of the government
at regular intervals on the principle of universal adult franchise. It is Sovereign because it can
make or unmake any decision with respect to itself without interference – by any other country.
Commonwealth of the Nations is not inconsistent with her independent and sovereign status. 52
The words “Socialist” and Secular were added in the preamble by the forty-second Amendment.
As Preamble is the basic structure of Indian Constitution so the question is that whether it can be
amended or not. In the Landmark Judgment of Keshvananda Bharti v. State of Kerala In this case
the Supreme Court propounded the principal of basic structure of the constitution and restricted
the power of parliament to amend the constitution under the provision of Article 368.

52
Indira Nehru Gandhi v Raj Narain, AIR 1975, SC 2299.

19
Basics Of Legislation - Preamble:As A Provider Of Authority To The Constitution-

4. Chapter : PREAMBLE :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 Berubari53, 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 case54, 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.
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.
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.

53
Supra 8
54
Supra 10

20
Basics Of Legislation - Preamble:As A Provider Of Authority To The Constitution-

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 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 India55-
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.

55
Justice Lahoti, R C, Preamble: The Spirit And The Backbone Of The Constitution Of India,Eastern Book
Company, Lucknow ,1st edn,pp 11-12.

21
Basics Of Legislation - Amendment To The Preamble-

5. Chapter : 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,1973.56 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."57
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.

The development of the cases are as follows :

Keshavananda Bharati v. State of Kerala

In this Supreme Court of India has emphasized in that the Preamble to the Constitution
emphasizes the principle of equality as basic to the Constitution of India. This is the basic
features of the Constitution which no legislature in India can transgress. Even an Amendment of
the Constitution offending a basic structure of the Constitution is ultra virus.
In this the majority propounded the novel “doctrine of basic features “as an implied limitation
upon the amending power conferred by Article 368, not from the Preamble- but from an
interpretation of the word “amendment” in Article 368 itself.

56
Supra 10
57
Retrieved from, http://www.preservearticles.com/2012011020424/essay-on-the-amendment-of-the-preamble-of-
india.html on 15 October 2017 at 7:15 pm

22
Basics Of Legislation - Amendment To The Preamble-

In formulating the basic features, the court referred to the objective specified in the Preamble, as
other provisions, but it was nowhere stated that the Preamble as such constituted any substantive
source of power or limitation apart from its enacting provisions.
Kesavananda Bharati judgment created a history in Judicial review of the policy if the
government. For the first time, a bench of 13 Judges assembled and sat in its original jurisdiction
hearing the writ petition. 13 Judges placed on record 11 separate opinions. It is not an easy task
to find out the ratio of the holding of the court in the same case. It was held in this case:
A. Preamble to the Constitution of India is a part of Constitution
B. Preamble is not a source of power nor a source of limitation
C. Preamble has a significant role to play in the interpretation of statues, also in the interpretation
of provisions of the Constitution.
D. The basic elements in the preamble cannot be amended under Article 368.
One of the various questions raised in this case was the extent of the power of the Parliament to
amend under Article 368. A 13 Judge Constitutional bench was formulated under Chief Justice
Sikri in order to evaluate the intricacies of Golaknath‟s case. The Supreme Court overruled its
decision in Golaknath’s case and held that, Article 368 contained power as well as procedure for
amendment. The majority held that there are inherent limitations on the amending power of the
Parliament and Article 368 does not confer power so as to destroy the “Basic Structure” of the
Constitution. It may be however be mentioned here that in India, the concept of equality is
regarded not as a static, but a dynamic concept. It permits every process of equalization and
protective discrimination. Progressive measures to eliminate group disabilities and promote
Collective equality are not regarded as antagonistic to the concept of equality on the ground that
every individual ate existing inequalities. Those who are unequal, in fact, cannot be treated by
identical standards. That may amount to equality in law but it would certainly not be real
equality. It is necessary to take into account de facto inequalities which exist in society and to
remove which affirmative action needs to be taken. This may involve giving preference to the
socially and educationally disadvantaged persons, or inflicting handicaps on those more
advantageously placed. Such affirmative action though apparently discriminatory is calculated to
produce equality on a broader basis by eliminating de facto inequalities.

23
Basics Of Legislation - Amendment To The Preamble-

Minerva Mills V. Union of India58

It was relied on Kesavananda Bharati, Supreme Court struck down clauses (4) and (5) of Article
368 inserted by the 42nd amendment. Justification for the deletion of the said clauses was based
on the destruction of “Basic Structure”. The Court was satisfied that 368 (4) and (5) clearly
destroyed the “Basic Structure” as it gave the Parliament absolute power to amend Constitution.
Limitation on the amending power of the Parliament is a part of the “Basic Structure” explained
in Kesavananda’s case. In this case the Supreme Court expresses the meaning of “Socialism” as
to crystallize a socialistic state securing to its people socioeconomic justice by interplay of the
Fundamental Rights and the Directive Principle. The Preamble to the Constitution read with the
Directive Principle in Arts.38, 42, 43,46 and 48A promotes the concept of social justice. The aim
of social justice is to attain a substantial degree of social, economic and political equality. Social
justice is a device to mitigate the suffering of the poor, weak, Tribal’s and the deprived sections
of the society and to elevate them so that they can live with dignity.

Re: The Berubari Union and Exchange of Enclaves Reference under Article 143(1) of the
Constitution of India.59
In re Berubari Union case, the Supreme Court held that the Preamble is not a part of the
Constitution. It is only "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, therefore "it has never been regarded as the source of
any substantive power. Such powers embrace only those expressly granted in the body of the
Constitution and such as may be implied from those so granted if necessary.
What is true about the powers is equally true about the prohibitions and limitations. Besides, it is
not easy to accept the assumption that the first part of the preamble postulates a very serious
limitation on one of the very important attributes of sovereignty itself. It can be restored to where
there is any ambiguity in the statue. Thus, 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 from the objectives enshrined in the preamble and construction which fits the
Preamble may be preferred.

58
AIR 1980 SC 1789.
59
AIR 1960 SC 845.

24
Basics Of Legislation - Amendment To The Preamble-

I. C. Golaknath v. State of Punjab

Berubari case was relied in Golaknath case and it was held that the preamble sets out the main
objectives which the legislation is intended to achieve.

S.R. Bommai v. Union of India60

In Ziyauddin Burhammudin Bukhari v. Brijmohan Ramdass Mehra and Brothers61 Justice M.H.
Beg observed that the secular state arising above all differences of religion, attempts to secure
the good of all its citizens irrespective of their religion beliefs and practices. In India, secularism
is declared to be one of the basic features of the Constitution which is beyond the amending
poweroftheParliament.

60
AIR 1994 SCC 1.
61
1975 Suppl SCR 1918.

25
Basics Of Legislation -Critical Analysis -

6. Chapter : 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 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.62

62
Bhagwati Dan Charan, “The Judicial Pronouncement Of The Preamble Of Indian
Constitution”, www.legalservices.com on 12 October 2017 at 6:00 pm.

26
Basics Of Legislation -Conclusion -

7. Chapter: CONCLUSION

To conclude, it will not be wrong to say that the spirit or the ideology behind the Constitution is
sufficiently crystallized in the preamble. It is also right to state 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. The preamble declares that the people of India adopted, enacted and gave to themselves
the constitution on 26th November, 1949 but the date of commencement of the constitution was
fixed to 26 January, 1950. Article 394 provides that Articles 5, 6, 7, 8, 9, 60, 324, 367, 379 and
394 came into force on the adoption of the constitution on 26th November, 1949. The rest of the
provisions of the constitution came into force on 26th January, 1950 and this day is referred to as
the commencement of the constitution. The preamble is of considerable legal significance in so
far as embodies an enacting clause. It cannot be resorted to as the basic in construing the various
provisions of the constitution, which are couched in plain language.

The Preamble highlights some of the fundamental values and guiding principles on which the
constitution is based. It is a guiding light having interpretational value. It plays a pivotal role in
case of ambiguity. The Preamble of the Constitution of India is one of the best of its kind ever
drafted. Both in ideas and expression it is a 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.63

In this research project I found that the preamble is the very important part of the Indian
Constitution. In this project I found my hypothesis correct, Preamble is key to open the mind the
makers. In this research project after the analysis of several case law it’s conclude that the
preamble is the part of the constitution. In the case of Kesavananda Bharati, it is clear mention
that Preamble is part of the Constitution and the basic features of the Preamble cannot be
amended. In the Preamble it’s discuss about the basic human needs like all kinds of justice,
welfare and opportunity and the fraternity which is the main part of the constitution. So, the

63
Retreived from “Essay on the preamble of Indian constitution”, http://www.preservearticles.com, 11 October
2012 at 10:17pm.

27
Basics Of Legislation -Conclusion -

Preamble is very important in our Constitution. It is the integral part of our Constitution.
Preamble is very helpful in assisting the interpretation of provision of the Constitution. It is a
source of interpretation of statues framed under the Constitution. Preamble is use in interpreting
an ordinary statute; there is no doubt that it cannot be used to modify the languages-if the
languages of the enactment are plain and clear. It has been held that if the languages of the
enactment is capable of more than one meaning then that one is to be preferred which comes
nearest to the purpose and scope of the Preamble. After the analysis of interpretation value of the
Preamble of our Constitution. I found that the Preamble is the very important part of Indian
Constitution, to understand the meaning of the any statute of its not clear. The Preamble reflects
the philosophy as well as fundamental values of Indian Constitution. It clarifies four important
aspects It mentions that the Constitution derives its Authority from the people of India. It
declares India to be Sovereign, Socialist, secular, Democratic and Republican country. It
clarifies the objectives of the Constitution are Justice, Liberty, Equality and Fraternity which we
have seen as stated in different case laws in their judgment.

28
Basics Of Legislation -Bibliography -

BIBLIOGRAPHY
Cases Referred

➢ In Re: Berubari Union (1) (1960) 3 SCR 250.

➢ Kesavananda Bharti V. State Of Kerala (1973) 4 SCC 225
➢ Golak Nath v. State of Punjab, !1967) 2 SCR 762
➢ S.R.Bommai v. Union of India (1994) 3 SCC 1
➢ Indra Sawhney v. Union of India AIR 1993 SC 477

Books Referred

➢ The Constitutional Law Of India. By J.N.Pandey.

➢ The Preamble Of The Constitution “The Spirit And The Backbone Of The Constitution Of
India”. By R.C.Lahoti.
➢ The Preamble Of The Constitution “An Insight And Comparison With Other Constitution”.
By Aparajita Baruah
➢ Singh, Mahendra P , Constitution of India, Eastern Book Company, Lucknow, 2008.
➢ Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 2008.
➢ Oxford Dictionary & Thesaurus, 9th Impression, 2007.
➢ Subhash C. Kashyap, ISBN 978-81-237-0734-1, Our Constitution (An introduction to
India’s Constitution and constitutional law) 4th edition, (1994)
➢ Constitution of India by V.N Shukla, Central Law Publication, 2009

Journals And Reports

➢ Consultation paper on Socio-economic Change under Constitution. New Delhi, 2000

➢ Referred article from Times Of India, New Delhi dated: 23th august,2013
➢ International Covenant on Economic, Social and Cultural Rights 1966: article 2(1), 11(1)
and 23; Ziegler 2012.
➢ Committee on Economic, Social and Cultural Rights 1999.
➢ International Research Journal , ISSN- 0975-3486 RNI: RAJBIL 2009/30097 VOL I
*ISSUE11, (August 2010)
➢ Constituent Assembly Debates v ol-II:99 5 Jean Dreze& Amartya Sen; 1993.

Website

➢ http://www.ambedkar.org
➢ http://www.indianetzone.com
➢ http://www.indiankanoon.org
➢ http://www.legalserviceindia.com.

iv
Basics Of Legislation -Bibliography -

➢
➢
➢