DR.

RAM MANOHAR LOHIA NATIONAL LAW UNIVERSITY, LUCKNOW 2012-2013

CONSTITUTIONAL LAW I TOPIC: PREAMBLE: A BULWARK OF THE CONSTITUTION OF INDIA

SUBMITTED To: ATUL SINHA Asst. Prof. Law Dr. RMLNLU, LUCKNOW

SUBMITTED By : ABHISHEK YADAV ROLL NO. 06 SECTION: A ( 3rd SEM.) B.A.LLB.(hons)

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ACKNOWNELDGEMENT I would like to express my special thanks of gratitude to asstt. prof. Mr. Atul Sinha, who gave me a golden opportunity to do such vital research on Preamble of constitution of India. By encashing this opportunity I consider myself more fortunate, now I came to know about so many new things, . I especially want to thank Prof. C.M. Jariwala, being our constitutional law teacher.By this project, i came across so vital knowledge , and I am sure it will be useful through out my career. And Secondly I would also like to thank my seniors and friends who helped me a lot in finishing this project within the limited time.

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0 Equality 4.0 Preamble and its contents 4.1.0 Justice 4.3.0 Secular 4.2.0 Liberty 4. the people of India 4.0 We.0 Preamble is a part of constitution or not 6.0 Socialist 4.9.0 Conclusion: (an bulwark) 7.0 Bibliography 3 .0 Republic 4.0 Introduction 2.8.0 Sovereign 4.10.0 Democratic 4.5.7.Table of content 1.0.0 Fraternity 5.4.0 Preamble And Constituent Assembly Debate: Objectives Resolution 4.0 Preamble : a general meaning 3.6.

In Re:berubari union(1) (1960) 3 SCR 250 2. Indra Sawhney v.Bommai v. Golak Nath v. S. state of kerala (1973) 4 SCC 225 3. !1967) 2 SCR 762 4.R. State of Punjab. Union of India AIR 1993 SC 477 4 . Kesavananda Bharti V. Union of India (1994) 3 SCC 1 5.Cases referred: 1.

as well as embrace the settled policy of nation. The constitution of a country will be in the nature of statute emanating directly from inherent authority of the people. the significance of Preamble can never ever be compromised. consciously. Though. The constitution of a country is the supreme law of land to which all other law must conform to be valid and binding. in sum it can be inferred that constitution is a well comprehensive document which envisaged a structure of a law abiding nation. bastion of constitution of India. It is the Preamble wherefrom the constitution commences. 5 . no reading of any constitution can be complete without reading it from the beginning to the end. This bastion defending the constitutional boundaries vigilantly.Topic: Preamble : A bulwark of constitution of India 1.0Introduction Constitution making is the culmination of the aspirations of an emancipated people and a grand finale to the freedom of struggle of enslaved nation. which the founding fathers of the Constitution enjoined the polity to strive to achieve. It will not be a exaggeration to say that the preamble to the constitution of India is its spirit and backbone or a bulwark. in order to understand the direction of a nation one need to study its constitution. Contrary to ordinary legislation. and the aims and objectives. So. The Preamble to a Constitution embodies the fundamental values and the philosophy. But. Hence. laying down the extent of distribution of powers and the modes and principles of its operation. While the end may change or may expand. the point of commencement can never change. It grows with the growth of nation. constitution is an extraordinary legislation derived direct from the people acting in their sovereign capacity for setting up the structure of government. on which the Constitution is based. it had faced some intrusion but on the whole those intrusions proves to be worthy enough and brought sharp pointed approach to the constitution of India in achieving goals set by constitution of India. Therefore. The importance and utility of the Preamble has been pointed out in several decisions of the Supreme Court of India.

1 2 Halsbury’s Law of England. judges are free to refer to the preamble of the law so as to clear the clouds. Dr. 3 Aiyar’s. “The Law Lexicon” .Wadhwa and company law Publishers. Vol.2006.pp1494.370..”2 “a preamble is said to be a the key of the statute.. Judges rely on the goals mentions in it and then examine the veracity of act whether it falls within the circumference of act or outside. and its position is located immediately after the title and date of issuing the presidential assent. “Preamble Of The Constitution Of India: A Insight. 3 Edition. A preamble may also be used to introduce a particular section or group of sections”1 The plain dictionary meaning of the word preamble is “ preamble as an opening statement explaining the purpose of book.”3 “a preamble means preface. New Delhi.0Preamble: A General meaning “A preamble is a preliminary statement of the reasons which have made the passing of statute of desirable. a preamble is a recital at very beginning of statute/constitution.. 5 As Quoted In Baruah. introduction. 31. etc. At the time of ambiguity in the subject-matter in the cases. 4 Chamber’s twentieth century dictionary.prelude”4 Black‟s dictionary states that a preamble means a clause at the beginning of constitution or statute explanatory of the reasons for its enactment and objectives sought to be accomplished.5 Generally. p. to open the mind of makers as to the mischief which are to be remedied and the objects which are to be accomplished by the provisions of statute. lecture. It is of great importance while interpret ting a provision either of any act or constitution itself. Ramanath. in order to define the purpose behind enacting a particular law. especially that of an act of parliament.. Ltd. P.New Delhi. 2007 rd 6 . A gateway to a statute. D&D Publications Pvt. giving its reasons and purpose. made by legislature.2.Constitutions” . Oxford Advanced Learner’s Dictionary. Aparajitha..

and (3) wherein the said territories.Constitutions” . save and except suck powers and functions as are vested in or assigned to the Union. On 9th dec‟1946 first meeting of assembly took place under the acting chairman.. Dr. or as are inherent or implied in the Union or resulting therefrom. Sacchidanand Sinha and later on Dr. p59 7 .6 One of the first task was to formulate the objectives and the guiding principles that would be the basis of constitution and reflect the constitution spirit that constitution stands for. Rajendra Prasad.. shall be a Union of them all. pp 10 7 8 Ibid pp 11 Constitutional assembly debates(CAD). whether with their present boundaries or with such others 25 may be determined by the Constituent Assembly and thereafter according to the Law of the Constitution. Aparajitha. Ltd. prepared the draft of constitution.0Preamble And Constituent Assembly Debate: Objectives Resolution Constituent assembly was formed under the terms of cabinet mission plan and subsequently the members of constituent assembly were elected in july. Dr. B. Objectives Resolution drafted and moved by Jawaharlal Nehru in the assembly on the 13th dec‟1946 ..7 Therefore. (2) wherein the territories that now comprise British India. shall possess and retain the status of autonomous Units.. New Delhi. Rau..The objectives resolution runs as follows:8 "(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. “Preamble Of The Constitution Of India: A Insight. 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. D&D Publications Pvt. together with residuary powers. It is regarded as the foundation work of preamble. performed the work of permanent chairman of assembly. Vols 1-2.N. constitutional adviser. the territories that now form the Indian States. 2007. and 6 Baruah. 1946. and exercise all powers and functions of government and administration.3.Constituent assembly derived its legislative competence to frame the constitution from s8(1) of Independence act of 1947.

if I may say so respectfully. And I wish this House. Words are magic things often enough." While introducing resolution. and (6) wherein adequate safeguards shall be provided for minorities. R. Nehru remarked on the spirit of resolution as “It is a Resolution and yet. freedom of thought. but rather to look at the spirit behind that Resolution.p. vocation. an undertaking and for all a dedication. and (5) wherein shall be guaranteed and secured to all the people of India justice. association and action. worship. It had been drafted after mature deliberation and no effort had been spared to avoid all controversy. and what we now hope to achieve in the near future. faith. but even the magic of words sometimes cannot convey the magic of the human spirit and of a Nation's passion. social. are derived from the people.”9 The distinctiveness of resolution in the words of B. subject to law and public morality.”10 9 10 CAD Vol. And so. Shiva Rao was that it is “a solemn pledge to the people to be redeemed in the constitution they would frame: the resolution was a declaration.28 8 . It is a firm resolve. and depressed and other backward classes. of opportunity. equality of status. backward and tribal areas. a firm resolve. expression. and before the law. It is a Declaration..(4) wherein all power and authority of the Sovereign Independent India. ‘Preamble: the spirit and backbone of constitution’. a pledge. belief. and air according to Justice and the law of civilised nations.C. The resolution dealt with fundamentals which were commonly cherished and accepted by the people. It seeks very feebly to tell the world of what we have thought or dreamt of so long. its constituent parts and organs of government. should consider this Resolution not in a spirit of narrow legal wording. it is something much more than a resolution. It is a pledge and an undertaking and it is for all of us I hope a dedication. and (7) whereby shall be maintained the integrity of the territory of the Republic and its sovereign rights on land. 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.61 As quoted in Lahoti. I cannot say that this Resolution at all conveys the passion that lies in the hearts and the minds of the Indian people today.EBC. sea. p. lucknow. 1. economic and political.

prepared by BN Rao as: “We the people of India. Ambedkar and others are of utmost importance. accessed on https://www. But due to the partition of the country consideration of preamble was postponed. through our chosen representatives enact.the common good. at 17. adopt and give to ourselves this constitution. seeking to promote the common good. p. Ambedkar‟s main area of concern was its socialistic aspect as one of the goal. suggestion were proposed.”14 It was clear from the intention of members that preamble would be based on the Objective Resolution.59 14 15 16 As quoted in Baruah. In this draft. before the members of the assembly. The view of some members like Dr. When it again comes for formulating the preamble in the light of the objectives resolution and thereby felt that the preamble should be restricted to defining the essential features of new independent state and its basic socio-political objectives and the other matters dealt with in the resolution could be more appropriately provided for in the substantive.com . date 19 ‘oct’12. Dr. a sort of special preamble which will pervade every section. II. do hereby. After several suggestions and amendments proposed in the debate and the very first draft of preamble appeared in the assembly. The text of draft of constitution October 1947 has provided for the preamble of the proposed federation. of . p.138 (as per NV Gadgil) 13 th CAD Vol. every clause and every schedule of the constitution‟12 Then resolution was placed for discussion. The making of preamble literally passed through stages.57(as per Nehru) CAD Vol. which according to him seems unrealistic at that time.21 9 . Ambedkar‟s memorandum included a proposal was not given cognisance.maupatra.’preamble of the constitution of India’.15 16Thereafter drafting committee redrafted the objectives resolution as: 11 12 CAD Vol. Aprajita.The objectives resolution was described by the founding fathers as „something breathes life in human minds‟11. the objective was to. p. 1.13 And many more contentions on resolution were raised like abstinence of Muslim Legue. there some very crucial and important views. 1.

the question has been asked whether the Assembly was really representative of the people of India. social. IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November. faith and worship. No part of the country had the experience of adult suffrage. DO HEREBY ADOPT. belief. Everyone will definitely agree with what Dr. LIBERTY. EQUALITY of status and of opportunity. 4. economic and political. the people of India The opening words of the preamble ('we the people of India') emphasise the ultimate authority of the people from whose will the constitution emerges. The circumstances under which the Constituent Assembly came into being shows that it was impracticable to constitute such a body in 1946 with adult suffrage as its basis. having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE. It was rightly thought unwise to postpone the task of constitution making until such an election was held.WE. and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation. Ambedkar said in the floor of the Constituent Assembly in 10 . Since the Constituent Assembly enacted and adopted the constitution in the name of the people of India. This was the main justification for accepting the Cabinet Mission Plan for constituting the Assembly through indirect election. expression. This question was raised both within and outside the Assembly. To prepare an electoral roll on the basis of adult suffrage for the country and to hold elections on that basis would have certainly taken a number of years. ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.0Preamble and its contents We. THE PEOPLE OF INDIA. 1949. of thought.

in as much as it is free from any external control and having independent power and authority. the concept of socialist made explicit and the India‟s commitment to this ideal has been underlined and strengthened. Though the Queen of the UK is its symbolic head. "I say that the Preamble embodies what is the desire of every members of the House.17 In the case of union of india v.com/201104235906/essay-on-the-preamble-of-indian-constitution. as appears from the preamble.20 In the republican form of governments. its sovereignty from the people that it has". It was added to the preamble by the 42nd amendment.pp 32 21 (1994)6 SCC 205 11 . it is a voluntary association and so does not violate India's sovereign status.21 Socialist The word socialist was not there originally in the preamble. Sovereignty of India does not come in the way of its remaining a member of the Commonwealth of Nations.html 1954 SCR 541 19 Lahoti. 2004. sovereignty shifted towards elected representatives of the people. “ Preamble : the spirit and backbone of constitution of India” .C. Justice R. which mostly prevailed in the democratic world. The legislature. LUCKNOW. In the case of N. EBC. executive and the judiciary are constitutd to serve the people. Madan gopal18 it was held that our constitution.Nagendra Rao & co. It doesnot however envisage doctrinaire socialism in the 17 18 http://www. derives its authority from the people of india.1949. v.19 Sovereign India is 'Sovereign'. However. its authority. this finding itself is based on the contents of the preamble.preservearticles. Thus. Sovereignty now vests in the people of India and the USA and both recognised that the people are the basis of all sovereignty. The term socialist has not been defined in the constitution. that the constitution should have its root.state of AP Sovereign as used in the constitution is different from the old and archaic concept of sovereignty which has ceased to survive. The fact remains that neither the constitutent assembly nor the people of India have ever doubted the represented capacity of the assembly and their authority as acting for and on behalf of the people of India.

.sense of insistence on the state ownership as a matter of policy. Ltd. lexis nexis. pp45 12 . 2007.23 The supreme court has in number of cases referred to the concept of socialism and has used this along with DPSP to asses and evaluate the economic legislation.23. Aparajitha. Dr.27 22 23 Jain.38. The court has derived the concept of social justice and an economic egalitarian society from concept of socialism. 6th edition. The word socialism among others. Aparajitha. “ Indian constitutional law”.. Prof. national socialism of third reich in germany to scientific socialism of the Marxian ideology.. Nagpur. 6 th edition. M. State of Andhra Pradesh. D&D Publications Pvt.22 In India. “Preamble of the constitution of india: A insight. Nagpur.pp40 24 Jain.25 the SC has stated while defining socialism: “establishment of the egalitarian social order through rule of law is the basic structure of constitution” One of the important aspect of this –by reading the word „socialist‟ in the preamble with the fundamental rights contained in articles 14&16 the supreme court has deduced the fundamental right to equal pay for equal work and compassionate appointment. fabian socialism. “the principal aim of socialism is to eliminate inequality of income and status and standard of life.Constitutions” .P . “ Indian constitutional law”. According to supreme court.17..26 The word „socialist‟ used in the preamble can be achieved from the goals that articles 14.The connotations of socialism varied from Gandhian socialism.16.. and all other cognate articles seek to reduce inqualities in income and status and to provide equality of opportunity and facilties.constitutions” .. pp15 27 Baruah. and to provide a decent standard of life to the working people ”24 In samatha v. Prof. “ Indian constitutional law”. 2012. Prof.. It does not mean total exclusion of private enterprise and complete state ownership of the material resurces of nation. The government accepts the policy of mixed economy where both public and private sectors co-exist side by side. M. M. Ltd. New Delhi.21. New Delhi. D&D Publications Pvt. p15 25 (1997)8 SCC 191 26 Jain. lexis nexis. 6th edition.. Nagpur. has many facets includes state socialism of collectivism which means that all means of production should be owned by tha state or brought under state control.P .P .. 2012 pp14 Baruah.46. Dr..39. 2007. there has always been emphasis on mixed economy. “Preamble Of The Constitution Of India: A Insight.15. 2012. lexis nexis.

„Oh.whatisyourcolour?‟ „The colour of whatever you mix me in!‟28 The meaning of secularism. it is believed. It was added thereto by the 42nd amendment. What did the Constitution-makers intend it to be? The Constitution.Secular The word „secular‟. with great respect. Prof.it is against the theocratic state. More expressly there is no official religion in India. and of these contradictions the conventional dictionary meaning can scarcely give a correct view. was defeated on 3rd December 1948.water. Shah was the only member who made a valiant effort to get a provision regarding the secular character of India included in the Constitution. is hardly the correct way to approach the subject and unfortunately this view has coloured much of the later discussion that took place in India. did not contain the word „secular‟ except incidentally in Article 25(2)(b). as unfolded by the Constitution. Before this. It is full of subtle shades which involve internal contradictions.T. So . is amongst the richest of all words in its range of meaning. There is no state recognised church or religio. it was only implicit in the constitution of India that India is a secular country and after the amendment it became explicit. is a secular State.” This. The word secular was not present originally in the preamble. The concept of secularism is difficult to define and has not thus been defined in the constitution. The object of insertion was to spell out expressly the high ideas of secularism and the compulsive need to maintain integrity of the nation which are subjected to considerable stresses and strains since past years.366. like the word „religious‟. has emerged with sufficient clarity from the survey of historical development made earlier herein. moved as Amendment No. Several fundamental rights guarantee freedom of worship and religion as well as out law discrimination on the ground of religion. 28 13 . The state is enjoined to treat all religions and religious sects equally. The following amendment. till the 42nd Amendment in 1976. The next question is whether India. K.

rising above all differences of religion.C. Bommai v. (for himself and on behalf of S.” Ziyauddin Burhammuddin Bukhari v.Some other judges delivering separate but concurring judgments went further. While freedom of religion is guaranteed to all persons in India. This attitude is described by some as one of neutrality towards religion or as one of benevolent neutrality. Secularism is a positive concept of equal treatment of all religions. The Court held that Secularism is one of the basic features of the Constitution. all are equal and are entitled to be treated equally. Brijmohan Ramdas Mehra and brothers justice MH Beg observed that the secular state. which is beyond the amending power of parliament. And if the Constitution requires the State to be secular in thought and action. 29 30 Kesavananda Bharati v. The Constitution does not recognize. J. attempts to secure the good of all its citizens irrespective of their religious beliefs and practices. religion has no place. AIR 1973 SC 1461 AIR 1994 SC 1918 14 . Union of India30 “Supreme Court while adjudicating that a State Government cannot follow particular religion discussed at length the concept of Secularism. In matters of State. Jeeven Reddy. K. faith or belief of a person is immaterial. To the state.. mixing religion and State power. secularism is declared to be one of the basic features oof the constitution. part of the fundamental law and basic structure of the Indian Political System to secure to all its people socio-economic needs essential for man's excellence with material and moral prosperity and political justice.29 The concept of secularism has been held to be “one of the facet of the right to equality woven as the central golden thread in the fabric depicting the pattern of the scheme in our constitution ” S. After examining the relevant Articles. from the point of view of the State. State of Kerala.. the religion. Ramaswamy. said: Secularism is thus more than a passive attitude of religious tolerance. Agarwal. Supreme court . J. the same requirement attaches to political parties as well. for example. It is a positive concept of equal treatment of all religions. R. it does not permit. J. He has also noted that it is neutral or impartial in extending its benefits to citizens of all castes and creeds. Both must be kept apart. opined: Secularism is. therefore.

Justice social. The expression „justice‟ is the harmonious reconcilement of individual conduct with general welfare of society.Economic Justice. The people of India elect their governments at all levels (Union. a democratic republic is an entity in which the head of state is elected. directly or indirectly. Every citizen enjoys this right without any discrimination on the basis of caste. title and the like.. for a fixed tenure. Aparajitha.. race. D&D Publications Pvt. sex. “Preamble Of The Constitution Of India: A Insight. status. opportunity. The preamble of India professes to secure all its citizen social.Political Justice: Social Justice means the abolition of all sorts of inequalities which may result the inequalities of wealth. It has become heavily loaded terminology. New Delhi. p63 15 . The post of the President of India is not hereditary... who is 18 years of age and above and not otherwise debarred by law. To achieve this ideal of 31 Baruah.Constitutions” . welfare. 2007. Republic As opposed to a monarchy. colour. State and local) by a system of universal adult franchise. An act or conduct of a person is said to be just if it promotes the general well-being of the community. in which the head of state is appointed on hereditary basis for a lifetime or until he abdicates from the throne. and equality. caste. is entitled to vote. Therefore. the attainment of the common good as distinguished from the good of individuals is the essence of justice. happiness. economic. creed. Every citizen of India is eligible to become the President of the country. religion. economic and political The expression “Justice” briefly speaking is the harmonious reconcilement of individual conduct with the general welfare of the society. liberty. Every citizen of India. popularly known as 'One man one vote'. The President of India is elected by an electoral college for a term of five years. Dr. and political justice. religion or education. Ltd.. The concept of justice is already preganat with various diverse notions of rights-morality.31 The Constitution of India professes to secure to the citizens: Social Justice.Democratic India is a democracy.

Art 39(d)COI Baruah. 2007. dalits... it means equal pay for equal work.34 32 AIR 1997 SC 645. The expression „Economic Justice‟ means justice from the standpoint of economic force. The Constitution has adopted the system of universal adult suffrage. 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.United Labor Union32 the Supreme Court observed that the aim of social justice was to attain substantial degree of social. 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 liveable with human dignity. not only secures equality of status and of opportunity by prohibiting discrimination on various grounds. In the case of Air India Statutory Corporation v. irrespective of his caste.social justice.. In order that justice in real sense be secured to the people of India.33 Political Justice means the absence of any unreasonable or arbitrary distinction among men in political matters. Aparajitha. weak. creed. New Delhi. D&D 33 34 Publications Pvt. economic and political equality which was the legitimate expectation and constitutional goal. the Constitution lays down the Directives Principles of State Policy in Part IV of the Constitution. 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 short. the constitution. p53 16 . tribals and deprived sections of the society and to elevate them to the level of equality. Dr. Ltd. It was held that social justice was a dynamic device to mitigate the sufferings of the poor. that every person should get his just dues for his labour.. to live a life with dignity of person. sex or social status. at the same time.Constitutions” . “Preamble Of The Constitution Of India: A Insight..

liberty comprises of liberties or rights which are considered essential for an individual to attain his potentialities and for the perfection of the national life like „liberty of thought. New Delhi. 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 inthe field of expression. and to provide a basis for ultimately establishing an egalitarian society. Ltd. SR. 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. caste. D&D 36 Publications Pvt. on the ground of religion. In positive sense. race.p 56 17 . Allahabad.. between citizen and citizen. belief. “Preamble of the constitution of india: A insight. Dr. 2006. belief. expression. 2nd Ed.”35 The term „liberty‟ in the preamble of constitution of India.expression.. which are regarded essential to the development of the individual in the Nation.constitutions” .. 168 Baruah.. As a negative concept liberty means the absence of all undue or arbitrary interference with individual‟s action on the part of the State. Equality Equality of status and of opportunity is secured to the people of India by abolishingall distinctions or discriminations by the State. faith and worship. faith and worship Liberty has been derived from the Latin word „liber‟ which means free. is used both in a negative as well as positive sense.. 2007. 36 The Constitution of India professes to secure the liberty of thought. They proceed to achieve these objectives by incorporating a set of fundamental principles into the constitution. expression...Liberty of thought. belief. faith and worship. sex or place of birth and by throwing open „public places‟ to all the citizens. Political Science for Law Students. Aparajitha. Allahabad Law Agency. The idea of equality was transmitted to the people of India 35 Myneni. One of the main tasks before the constitution makers was to ensure equality of status and opportunity for all.

However.37 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 right of the citizen of India to move freely. 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. etc. while securing rights and freedoms for the individuals. 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. 37 38 ibid p60 Ibid p62 18 .”38 There is no express provision in the Constitution which reflects „fraternity as anobject. to reside and settle in any part of the territory of India.through the ages. the same motherland. India has been declared as a Union of States and is intended to put an end to the separatist tendencies. brotherliness. a feeling that all people are children of the same soil. The Constitution also abolishes untouchability and titles by the Articles 17 and 18 respectivly. the Preamble assures the dignity of each and every individual. such as common citizenship. Fraternity assuring the dignity of the individual and the unity and integrity of the Nation Fraternity means a feeling of brotherhood. there are provisions in the Constitution.. Therefore. 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. Therefore. The dignity of the individual is to be maintained for the promotion of fraternity. and then embodied in the objectives resolution. The Unity and Integrity of 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. 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 greater than now India was never and that this particular aim of the new constitution should be emphasized by special mention in the Preamble. which generate their spirit of brotherhood.

New Delhi. 2007. yet the eminent Judges constituting the bench answering the presidential reference in Berubari Case overlooked a matter of record.. that constitutional history. Aparajitha. On the answer to the primary question.. Dr. would depend the resolution of the next question. J. 143(1) of the Constitution of India on the implementation of the Indo-Pak agreement relating to Berubari union and exchange of enclaves” which come up for consideration by a bench consisting of eight judges he aded by B.J. if at all.“On a parity of reasoning we are of the opinion that the Preamble cannot prohibit or control in any way or impose any implied prohibitions or limitations on the bar to amend the Constitution contained in Article 368”.Sinha. D&D Publications Pvt.whether the Preamble can be amended. Berubari case was relied on in Golaknath case40.p 65 40 19 .“Moreover the Preamble cannot control the unambiguous language of the Articles of the Constitution ”.. The error came to be corrected in Kesavananda 39 (1960)3 SCR 250 Baruah.whether the Preamble is a part of the Constitution . J. the court held that the Preamble to the Constitution containing the declaration made by the people of India in exercise of their sovereign will. Wanchoo. Quoting story. Berubari case was the Presidential Reference “Under Art.P.. which follows as a corollary. “Preamble of the constitution of india: A insight. Ltd. Justice Gajendragadkar delivered the unanimous opinion of the court. The motion adopted by the Constituent Assembly stated in so many words that the Preamble stands as a part of the Constitution . C. It is a matter of regret. said. Bachawat..constitutions” .Preamble: a part of constitution or not The vexed question whether part of constitution or not has been dealt with in these two cases on the subject: In Re Berubari Union(I)39. observed. the eminent Constitution al jurist. no doubt is “a key to open the minds of framers of the Constitution ” 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 .

J. which was decided by a larger bench of nine Judges. It would be interesting to note what some out of the thirteen Judges constituting the bench which decided Kesavananda Bharti case had to say about the preamble. In the opinion of R. A rainbow of judicial thoughts reflecting the significance. The Preamble of the constitution has the sentiments and it is the key to the minds of the framers of the Constitution . majority leaned in favour : i). 13 Judges placed on record 11 separate opinions. Justice R. Sahai. J. Union of India AIR 1993 SC 477 20 . Mandal Commission case 42 A discussion on Preamble cannot be complete without making a reference of Mandal Commission case . “ Preamble : The Spirit And Backbone Of Constitution Of India” . also interpretation of provisions of constitution.M. equality and fraternity displays statesmanship of the highest order –Constitution of India. the preamble to the constitution is a turning point in history. 2004.P. Lucknow.preamble has a significant role to play in the interpretation of statutes.. value and message of the Preamble.preamble to the constitution of India is a part of constitution ii). the preamble cannot be used as an aid t interpretation when the language is plain and unambiguous. B. a literal rule of interpretation can be applied.Bharti case where the majority specifically ruled that the Preamble was as much a part of the constitution as any other provision therein. held that the four folding objective of securing to its citizens justice. 41 42 Indra Sawhney v. liberty. they also pointed out the goal as spelled out in the Preamble and the methodology for reaching that goal is elaborated in parts of the Constitution of India. The framers of the Constitution did not rest content with evolving the framework of the state. For the first time.p36. Lahoti. Ebc. a bench of 13 Judges assembled and sat in its original jurisdiction hearing the writ petition.41 Kesavanada Bharati Case has created a history. However.C.preamble is not a source of power nor a source of limitations or prohibitions iii). To the extent necessary for the purpose of the preamble. Jeevan. It is not an easy task to find out the ratio of the holding of the court in the case.

it becomes clear that preamble is there to rescue constitutional overreach even if it is in disguise. rather it really a bulwark. Constituent assembly have prepared the preamble very vigilantly and the same can be witnessed from the wording of the preamble. Preamble of constitution of India from its each content is truely striving towards the fulfilment of goals laid down in the constitution. supreme court while interpret ting the constitutional provisions or examining the validity of a legislation and affirmative policy of government.it can no longer a hypothesis that preamble of constitution of India is a bulwark to it. it proves its need and so court has rightly made it a part of constitution. Preamble serves as a guiding light for the Constitution and judges interpret the Constitution in its light. in a majority of decisions. 43 AIR 1960 SC 845 21 . preamble proves it‟s importance there. the Supreme Court of India has ruled that neither it nor any of its content is legally enforceable. And number of times. goes on to opined that the preamble is a key to open the mind of the Constitution makers. a alert boundary consciously being guarded by the judiciary in every possible way. Like every word to the preamble have its distinct role to play in the complete meaning of preamble and applicable to various constitutional provisions. it used to see these through lens of preamble and correctly reaches to a conclusion regarding particular law or policy. As whenever any need arises or ambiguity appears. preamble to the constitution of India is in true sense a bulwark to constitution. As wording of the Preamble highlights some of the fundamental values and guiding principles on which the Constitution of India is based. So. After completing this paper. Supreme court in the case of Berubari Union and Exchange of Enclaves43. Even though. The Preamble plays pivotal role when there is ambiguity in provisions of any Article or interpretation becomes confusing. It is a guide to interpretation of the provisions of the Constitution. Also.Conclusion Now . Therefore.

2nd Ed. Aparajitha. “ Indian constitutional law”.ssrn. M. lexis nexis.. . “ Preamble : the spirit and backbone of constitution of India” ..C. “Constitution of India . EBC. wadhwa and company. Shukla's Constitution of India” Myneni. 2007    Jain. Webography   www.com/ 22 . Allahabad.BIBLIOGRAPHY Following will be some of the sources: PRIMARY SOURCES: Constitution of India. 6th edition.manupatra... Nagpur. D&D PUBLICATIONS PVT. 2012 Singh. Prof. NEW DELHI.P ... SR. Dr.. “Preamble of the constitution of india: A insight.  Aiyar. Ramanath. LTD.V. Allahabad Law Agency. LUCKNOW. Mahendra P.com http://www.. 2006. Political Science for Law Students.constitutions” . 1950 Constitutional assembly debates Cases referred SECONDARY SOURCES:  Lahoti. P. 2006. 2004  Baruah. The law lexicon.N. Justice R.

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