Preamble 63 ed importance because it cannot qualify the clear provisions of ti : be of limite ly where the provisions are ambiguous, the preamble can be a statute or explaining and elucidating the meaning of the provisions! referred it expresses the scope, object and purpose of the Act becaus it is now well settled rule of statutory interpretation that where acting words are unambiguous and admit of only one construction the enMat construction must prevail even if it is inconsistent with the then jg in the Preamble, but where the enacting words are ambiguous aa are capable of more than one interpretation the construction, which and preamble, should be preferred,? Of course, it may often be difficult to ayy that any terms are clear and unambiguous unless they are studied in their context. Though in case of an ordinary statute much importance is not attached to preamble in its interpretation, all importance is to be attached fo Preamble in interpreting the provisions of a constitution. Statutes are enacted generally to remedy a particular mischief, but a constitution is not enacted to remove a particular mischief. It is intended to lead the whole of the nation in a particular direction and for correct guidance, the objectives set out in the Preamble to the Constitution must always be kept in view. In the constituent Assembly Sri Alladi Krishnaswami, who played an important role in framing the Indian Constitution, said: “The preamble to our Constitution expresses what we had thought or dreamt so long.” Chief Justice Sikri also in Keshavanand Bharti v. State of Kerala,* held: “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 noble vision expressed in the Preamble.” The preamble may be invoked to determine the ambit of - (a) Fundamental rights; and (b) Directive principles of State Policy. See under mentioned decisions: () Keshvananda Bharti Sripadgalvaru v. State of Kerela, AIR 1973 SC 1461: (1973) 4 SCC 225: 1973 Supp SCR 1. (i) Chandra Bhawan Boarding and Lodging, Bangalore v. State of Mysore, AIR 1970 SC 2042: 19 Fac 1R 325: 38 FUR 1: (1970) 2 Lab LJ 403: (1970) 2 SCR 600, Paragraph 13. (ii) Dharwad District P.W.D. Leterate Daily wage Employees Association v. State of Karnatka, (1990) 2 SCC 396: AIR 1990 SC 883: 1990 Lab IC 625, Paragraph 14-27. 5Constitution must be construed in wide and liberal manner so that constitutional provision doest get fossilized but remains flexible enough to meet newly emerging problems and challenges; M. Nagrajv. Union of India, AIR 2007 SC 71: 2006 AIR SCW 5482: 2007 (1) JCR SC 147: 2006 (6) kant LJ 529: 2006 (4) pat LJR 319: (2006) 8 SCC 212: 2006 (8) SCJ 457 : (2006) 10 SCALE 301: 2006 (8) Supreme 89 (Para 19). 1, Sussex Peerage Case (1844) 11 Cl. & F. 85, 143. 2. Powell v. Kempton Park Race Course Co. Ltd., 1899 A.C. 185; Attorney General v. Prince Ernest Augustus of Hanover, 1957 A.C. 436, 437; Tribhuwan Prakash Nayyar v. Union of India. ALR. 1970 S.C. 540. * fash Val 10 7 417are Constitutional Law of India 64 ly Preamble inserted retrospective! < o Preamble is usually attached when Act is passed but it is also that a Preamble is enacted later on or certain amendments are ospective effect Forty second Amendment to the Indian Constitution inserted the words “Socialist”, “Secular’ and “Integrity” in the Preamble not with retrospective effect, ‘but with effect from 3.1.1977. Chief Justice Gwyer in Bhola Prasad v. Emperor! held: “But we doubt very much whether a Preamble retrospectively inserted in 1940 in an Act passed 25 years before can be looked at by the Court for the purpose of discovering what true intention of the legislature was.” possible introduc ed with retr ‘The framers of the constitution of India set out three broad purposes in the preamble: They sought to constitute of India into a ‘Sovereign Democratic Republic’. India is a Republic because the Head of the state is elected and is not a hereditary monarch. It is democratic because the constitution ensures the creation and existence of the government at will of the people through their participation in the formation of the government at regular interval on the principle of the universal adult francise.” It is because it can make or unmake any decision with respect to itself ‘with out interference by any other country.° Her membership of the common wealth of the Nations is not inconsistent with her independent and sovereign status. “Phe words ‘solialist’ and ‘secular’ were added in the preamble by fourty second Amendment in 1976. The addition of the ‘socialist’ indicates the incorporation of the philosophy of ‘socialism’ in the constitution which aim at elimination of inequality in income and standards of the life. Four Parts of the Preamble The Preamble of the Indian Constitution can be divided in fone parts. The first indicates the source of authority, the second indicates the ee 7 semen a to be established, the third part sets out certain e fourth part ‘ t of See part relates to adoption and enforcemen' 1, Authority Clause—We, the nstituent eople of India in the Co! Assembly.-These words indicate that the source of authority behind 2° & eeente! are the people of India, not States or people of several States: jough Constituent Assembly was elected on a very narrow franchise and worked under certain limitations imposed by foreign rulers, Toy forgotten that the mi bly were me persons wis made martes: fr Gott confidence of the people. Pt. Jawahar Lal Nehru said: “Governments do not comes i : into being by state papers: Govern are in fact the expression of the will ch eta have met a oe a ments herePreamble 65 day because of the strength of the people behind it and we shall today jar as the people-not of any party or group but the people as a hole-shall wish us to go.” ! ; 2. Clause indicating type of government - Sovereign, Socialist, ular, Democratic, Republic.—Sovereignty implies supreme authority = fi m external control. The use of this word was appropriate, for it ny ee thet India is a sovereign nation free from external control. After a puasht of independence on 15th August, 1947, the British authority in India ended. : Socialist.—Socialism implies that individual freedom be completely subordinated to interest of the community with _any deductions that may correctly or incorrectly be drawn from ie For instance, substitution of co-operative for competitive production, national ownership of land and capital, State distribution of produce, free education and feeding of Children and abolition of inheritance. In the Constituent Assembly, amendment was moved to introduce the words “secular” and “socialist order” but the amendment was negatived.” The word “socialist” was inserted by Constitution (42nd amendment) Act, 1976. In Excel Wear v. Union of India,? Supreme Court had held that the addition of the word “socialist” may enable the courts to lean more and more in favaur of nationalization and State’s ownership of industry. But so long as the private ownership of industry is recognized, social justice may not be pushed to such an extent as to ignore completely the interest of the private sector. re Democratic socialism in fact aims to end poverty, ignorance, disease and inequality of opportunity. The socialistic concept of the society as laid down in Part Ill and IV of the Constitution should be implemented in the true spirit of the Constitution.* 2 However, in the light of the emphasis on liberalization, privatization and increasing gap between rich and poor relevance of the word “socialist” tie Preamble is now questionable. What type of socialism we have where of the soil dies of hunger or is compelled to commit suicide and at ae ee time a section of people is rolling in riches earned by fair or foul Secular.—The word “secular” has been inserted by Fo second sane Our Constitution is in fact secular because it guanine pai retin religion to all citizens and does not seek to patronize any persons z religion. Articles 25 to 28 guarantee freedom of religion to all - In addition to these provisions, Articles 15 and 16 also prohibit diserinaia te ee on the ground of religion. in that the cng Roy v. Unicn of India,’ The Supreme Court has held is duty tn re Religion” has different shades and an important shade Toe aittatds the society.° The or’ “Secularism” means developing P. SS; CAD (Third Reprint. 1990) Vol 1.» 57 Lt CAn 2 ceeane of Boe cononenoeest + geculariar is thus se eet cree Constitution,’ bane Few je neither ant and the atheist