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Preamble of The Constitution

The preamble lays out the ideals and purpose of the Indian constitution. There has been debate around whether the preamble is legally part of the constitution. Early cases like A.K. Gopalan v. Madras (1950) found that the preamble was not relevant to interpretation. However, later cases like Sajjan Singh v. Rajasthan (1964) and Keshavananda Bharati v. India (1973) established that the preamble is an integral part of the constitution that illuminates its interpretation and certain aspects are part of its basic structure.

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101 views3 pages

Preamble of The Constitution

The preamble lays out the ideals and purpose of the Indian constitution. There has been debate around whether the preamble is legally part of the constitution. Early cases like A.K. Gopalan v. Madras (1950) found that the preamble was not relevant to interpretation. However, later cases like Sajjan Singh v. Rajasthan (1964) and Keshavananda Bharati v. India (1973) established that the preamble is an integral part of the constitution that illuminates its interpretation and certain aspects are part of its basic structure.

Uploaded by

Anjali
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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PREAMBLE OF THE CONSTITUTION

Meaning & Significance

The Preamble is the introduction to the Constitution. The Preamble, in its

most abstract sense, lays down the ideals of our Constitution. As an apt

introduction to the Constitution, it serves as a lighthouse which illuminates

the purpose of, and the ideals guiding, our Constitution.

Text of the Preamble

See— Constitution of India 1949, Preamble.


Is Preamble Part of the Constitution?

A major debate has ensured over the Preamble— is it part of the

Constitution? Cases, over a period of time, illuminate the changing position

of law on this point:

1. A.K. Gopalan v. Madras (1950): The crux of this case was the

interpretation of Article 21 of the Constitution. In doing so, an attempt was

made to use the Preamble to assist in the interpretation of Article 21. The

SC dismissed the Preamble as irrelevant to constitutional interpretation.

2. In Re., Berubari Union and the Exchange of Enclaves (1960): The

SC held that though the Preamble throws light on the purpose of the

Constitution. Although it is a “key to open the mind of the makers”, the

Preamble is not part of the Constitution. It is therefore not a source of

substantive constitutional provisions. 1

Hence, Berubari Union (1960) was the first explicit statement of the rule of

law that the Preamble is not a part of the Constitution.

3. Sajjan Singh v. Rajasthan (1964): The SC held that the Preamble is

very much part of the Constitution. It is also quite relevant to constitutional

interpretation, as the framers of our Constitution took particular care to

draft it.

Hence, Sajjan Singh (1964) was the very first shift towards the present

position of law— the Preamble is very much part of the Constitution.

1 See In Re.: Berubar Union and the Exchange of Enclaves (1960), AIR 1960 SC 845.
4. Keshavananda Bharati v. India (1973): This point received, by far,

its most elaborate treatment in Keshavananda Bharati (1973). The SC held

that the Preamble to the Constitution is very much different from the

Statement of Objects and Reasons to a parliamentary statute. As opposed to

the later, the framers put much care into drafting the Preamble— they

drafted it after the remainder of the Constitution was done, and extensively

debated and discussed it to bring it to its final form. Hence, the Preamble is

very much part of the Constitution, and serves as an invaluable guide in its

interpretation. Further, certain aspects of the Preamble are part of the basic

structure of the Constitution, and therefore cannot be amended by

Parliament.

Hence, the position of law on this point has come a full circle— (a) from

Preamble is not part of the Constitution, to (b) the Preamble is very much an

integral part of not only the Constitution, but parts of it are also part of its

basic structure.

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