Discuss the legal position and significance of the preamble of the constitution of India with decided cases.
Introduction:
Every constitution begins with a preamble. Accordingly, our constitution also begins with a preamble. The word preamble is a Latin term which means “to go before”, “introduction to important statute”. Preamble says briefly about the objects, purpose intended to be served by the statute. The preamble represents the aspirations of the people of India. The preamble to an Act sets out the main objectives which the legislation is intended to achieve. It is a sort of introduction to the statute and many a time very helpful to understand the policy and legislative intent. In Berubari case, the Supreme Court observed “ the preamble to the constitution is a key to open the minds of the makers and shows the general purpose for which they made the several provisions in the constitution”. In other words it reflects the aspiration of the framers of our constitution with regard to the establishment of a welfare state in India, and embodies the urge of our people to unite themselves to build up a new nation which will ensure justice, liberty, equality and fraternity to its citizens.
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 opportunity” and to promote among them all; Fraternity assuring the dignity of the individual and the unity and the 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”
SIGNIFICANCE OF THE PREAMBLE:
The significance of the preamble as follows:
1. We the people of India:
The phrase “we the people” has taken from the constitution of U.S.A. this means that the constitution of India has been framed and enacted by the people of India. The power to make the constitution had been achieved by the people of India with great efforts. It was not derived by any authority under the constitution of India.
2. Sovereign State:
India declared by the preamble itself as ‘Sovereign’. The word sovereign means supremacy of the nation. Sovereign power is also described as that power which is absolute and uncontrolled. Both internally and externally India is sovereign. India at present is not under the control of any other nation as it maintains its own sovereignty.
3. Socialistic:
This is a new term inserted in the constitutional 42nd Amendment Act 1976. The term socialist used in the preamble of our constitution signifies that the constitution of India adopts socialistic pattern of society. That is, a form of ownership and control of the means or factors of production and distribution by the economy in the interests of the society as a whole and to ensure fair and equitable distribution of the wealth of the country.
4. Secular:
Secularism is the basic structure of the constitution. Our Government respects all religions. It does not uplift or degrade any particular religion. The word secular used in the preamble of our constitution suggests that India is a secular state that is in India, no religion is recognised as religion of the state.
5. Democracy:
The term ‘Democratic’ used in the preamble of our constitution, signifies that the government gets authority from the will of the people. That is, the rulers are elected by the people, and are responsible to the people. The real powers is in the hands of the people. Every citizen of India who is aged 18 years and above, is entitled to vote, irrespective of his caste, religion, race, economic position, language. Democracy is failed in our neighbouring countries, it is very successful in our country.
6. Republic:
The term Republic used in the preamble of our constitution signifies that India has elected representatives as the head of the state. The president of India is the elected head of the state. The President of India is not a hereditary monarch. He is an elected person, chosen for a limited period, usually for 5 years.
7. Justice:
The preamble intends that the justice must be given to every citizen irrespective of poverty, richness, caste, race, religion, sex, political power. Justice aims at the attainment of common good. Justice includes social economic and political justice. Social justice implies that all citizens are treated alike irrespective of their caste, creed, religion etc. economic justice means treating the rich and the poor equally. Political justice means equal right to all citizen in the political process without any discrimination.
8. Liberty:
Liberty implies the creation of conditions necessary for the fullest development of the personality of an individual which is essential for social progress. Liberty is one of the pillars of the democratic system. Liberty implies liberty of thought, expression, belief, faith and worship.\
9. Equality:
Equality means equality of status and of opportunity. As all human beings are born equal, they should be provided equal opportunity’s in all walks of life under equal circumstances. Equality ensures equal protection of law.
10. Fraternity:
Fraternity means the spirit of brotherhood among all the sections of the people of India. Fraternity is necessary to ensure both the dignity of the individual and the unity and integrity of the nation.
SOME OF THE LEADING CASES RELATING TO SIGNIFICANCE OF THE PREAMBLE:
1. In Beru Bari Case, the Supreme Court held that the preamble was not a part of the constitution, and so, it could never be regarded as a source of any substantive powers. It has limited application and can be resorted to where there is any ambiguity in the statute. If the terms used in the constitution are ambiguous or capable of two meanings in interpreting them some assistance may be taken from the objectives enshrined in the constitution.
2. In Keshavananda Bharati Case, the Supreme Court rejected the above view and held that the preamble is the part of the constitution. All importance has to be attached to the preamble in a constitution should be read and interpreted in the light of the grand and noble vision expressed in the preamble.
3. In Indira Gandhi V/S Raj Naraian
Indira Gandhi, the then Prime Minister and Raj Naraian were the rivals in a General Elections of Parliament. Raj Narain filed a case against her contending that she misappropriated her power in the elections. The Allahabad High Court quashed the election of Indira Gandhi as void. To protect the seat of Prime Minister ship, the Parliament inserted Article 329-A protecting Prime Minister and Speaker from any election disputes and guaranteed for their term. The Supreme Court held that certain provision of Article 329- A is against the Basic Structure Theory, and it is against the essential element of “Democracy” mentioned in the preamble. The Supreme Court, therefore, struck down certain provisions Article 329- A as unconstitutional.
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