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Preamble of the Constitution

A preamble is included in legal documents for better understanding of their ideals and objects. Preamble can be considered to be the beginning of the Constitution which throws light on the ideals in the Constitution. According to Oxford Disctionary, the word 'Preamble' clarifies the objects of a law. According to Black's Law Dictionary, Preamble exists at the beginning of the Constitution, in which there is explanation about its objects. Preamble is a means of looking into the minds of the framers of the Constitution and shows their intentions. It is the key to understand the law. Preamble helps in interpreting the provisions of the Constitution. Sir Alladi Krishnaswami had said in the debate of the Constituent Assembly that the Preamble is an expression of “what we have thought or dreamt during this long time”. Justice Shelat and Justice Grover has said in Keshwanand Bharti Vs. State of Kerala (1973) that - 'The Constitution makers gave to the preamble the pride of place. It embodied in a solemn form all the ideals and aspirations for which the country had struggled during the British regime and a Constitution was sought to be enacted in accordance with the genius of the Indian people.'

Before we go further let us listen to the reading of the Preamble to our Constitution available on YouTube channel UNITED INDIAN under Creative Commons Attribution license (reuse allowed).

An expert committee was appointed by the Indian National Congress in the year 1946 which in its meeting on 22^nd July prepared a drfat 'declaration'. This declaration contained the objects of the Constitution. On the basis of lthis draft, Nehru presented a resolution before the Constituent Assembly on 13^th December 1946. The Constituent Assembly accepted it after a long debate on 22 January, 1947. After this B.N. Rao prepared a draft of the Preamble. The draft [re[ared by B.N. rao was presented once again to the Constituent Assembly on 4^th July, 1947. The Preamble was finalised after the Constitutions was finalised so that it can be in accordance with the Constitution.

The Preamble to the Constitution of India has the following elements:

1. We the People of India - The meaning of these words is that the People of India are the Source of authority of the Constitution. Cnstitution is the result of the will of the People. The power to elect representatives is with the citizens. They also have the right to critisize their representatives. The Supreme Court has said in Union of India Vs. Madan Gopla Kabra (1954), that - as has been written in the Preamble, the People of India are the Source of the Constitution.
2. Soverign - The meaning of this word is, that the State controls everything and there is no control of any external authority or power. The Supreme Court has in Synthetic and Chemicals Limites Vs. State of Uttar Pradesh (1989) held, that the meaning of 'soverign' is - The State has the auhtority to control everything withing the limits providee in the Constitution. No country can have a Constitution, till it is soverign.
3. Socialist - The word 'Socialist' was added during the Emergency by the 42 Constitutional Amendment in, 1976. It means that India is a State which gives Social, Economic and Political justice. However, in Exelware Vs Union of India (1978), Supreme Court has held that the principle of socialism and social justice cannot overlook the interests of private industry oweners. The Supreme Court has held in D.S. Nakara Vs Union of India (1982) that “The basic object of socialism is to provide a civil qulity of life to everyone living in the Country and to protect them from the time of their birth to their death.”
4. Secular - the word ‘Secular’ was also added during Emergency by the 42^nd Constitution Amendment Act,1976. There is no religion of the State. Citizens are free to chose a religion and this includes the choise of being an atheist. The State treats all religions equally. The main provisions with respect to Secularism in the Constitution are as follows -
   1. Article 14 guarantees equality.
   2. Article 15 and 16, prohibit discrimination on the basis of religion, caste etc.
   3. Article 19 and 21 of the Constitution are about all freedoms to the citizens which include freedom fo expression.
   4. Articles 24 to 28 inbclude rights of following religion of choice.
   5. Article 44 of the Constitution has a directive principle to make a Common civil code for all citizens. A 9 judge bench of the Supreme Court in S.R. Bommai Vs Union of India (1994) has held that Secularism to be a basic feature of the Constitution. In Bal Patil Vs Union of India (2005) the Court has held similar treatment should be given to all religions and religions denominations. India is asecular country where everyone has the right to chose his or her religion but the State does not have a religion. In M.P. Goplakrishnan Nayar Vs State of Kerala, (2005) teh Supreme Court has held that the State permits all religions but does not insult any religion.
5. democratic - The word democratic comes from ‘demos’ and ‘Cretos’ of Greek language. Demos means people and cretos means right. Thus, it is the right of the people to elect a Government. In Union of India Vs Association for Democratic reforsm (2002), the Supreme Court has said that awareness in people is a basic requiremnet for a successful democracy. The demoractic form of Government cannot survive without free and fair elections because free ans fair elections are the soul of a democracy.
6. Republic - the meaning of Republic is that the head of State is elected. Hereditary king is not there. This word in the Preamble means that the Country shall be run by its people.
7. Justice - Social, Economic and Political justice are included in the word Justice. Social Justice means teh deprived should get the same social status and exploitation should end. Economic Justrice means, every person should get equal pay for equal work and tehre should be equality of opportunity. Political Justice means, everyone has a right to participate in politics without any discrimination.
8. Freedom - Freedom includes the freedon of thought, expression, belief, faith and worship.
9. Equality - Equality means, equality of status and opportunity for all.
10. Fraternity - The object of the word 'Fraternity' is the protection of dignity of all and also maintain National unity and integrity.

The date of enatment of the Constitution is given in the Preamble, which is, 26^th November, 1949. It is given in Article 394 that Articles 5, 6, 7, 8, 9, 60, 324, 367, 379 and 394, shall come into force on 26 November 1949 immediately after enactment of the Constitution. Remaining provisions of the Constitution came into force on 26^th January 1950.

The Preamble helps in interpreting the Constitution - The Supreme Court has clarified that Preamble is a part of the Constitution. If there can be two interpretations of the words in any Article of the Constitution, or the meaning of any words is not clear, then the Preamble helps in inyerpreting the objects of that provision. Justice Sikri had in Keshvanand Bharti, stresses upon the Preamble and said that, “It seems to me that the 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.” It was debated for a long time whether Preamble is a part of the Constitution or not. Berubaari case was referred to the Supreme Court by the President under Article 143(1). This was related ot the execution of the agreement between India and Pakistan about the Berubari Union. The issue was whether Article 3 of the Costitution empowered the Parliament to give any territory of India to any foreign country? The Court held in this case that ‘Preamble is the key to the mind of the framers of the Constitution’ but it cannot be considered to be part of the Constitution. This decision of the Court was completely reversed in Keshvanand Bharti Vs State of Kerala and others (1973). This historical matter was heard bya 13 judge bench. The Court held that Preamble is a part of the Constitution. In paragrah 546 the Court has said that - '546. In order to appreciate how the preamble will assist us in discovering the meaning of the word "amendment" employed in Article 368 we may again notice the argument presented by the respondents that the amending body can alter, vary or repeal any provision of the Constitution and enact it and apply that process to the entire Constitution short of total repeal and abrogation. It is maintained on behalf of the Respondents that by virtue of the amending power even the preamble can be varied, altered or repealed. Mr. Palkhivala, however, relies a great deal on the preamble for substantiating the contention that "amendment" does not have the widest possible meaning as claimed by the respondents and there are certain limitations to the exercise of the amending power and, therefore, the expression "amendment" should be construed in the light of those limitations. All the elements of the Constitutional structure, it is said, are to be found in the preamble and the amending body cannot repeal or abrogate those essential elements because if any one of them is taken away the edifice as erected must fall.'