When we use the word “Preamble” of any document, we refer to the introductory part of the document which puts forth the objectives and ideals of the document. The Preamble of the Constitution of India does the same. Before moving on to understand the importance, relevance and objective of the Preamble, it will perhaps be wise to go through the Preamble once and it is as follows:

“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 of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and 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.”

When one reads the Preamble, the first word that comes out is “We”. This resembles that the Preamble first introduces us to the concept of Unity. It becomes very evident that the Preamble is a solemn promise which the citizens of this country make together in order to abide by the ideals enshrined in the Preamble.

It is not new to our knowledge that the Constitution has been drafted after a thorough reference to many other Constitutions of the World. A similar discussion had come up during the making of the Preamble during the Constituent Assembly Debates. There were discussions whether to include the name of God or Gandhi at the beginning of the Preamble. To this, Brajeshwar Prasad said, “I do not want that the name of Mahatma Gandhi should be incorporated in this Constitution, because it is not a Gandhian Constitution. The foundation stones of this Constitution are the decisions of the American Supreme Court. It is the Government of India Act, 1935, repeated again.”[1] To this, J.B. Kripalani added, “I yield to nobody in my love and respect for Gandhiji. I think it will be consistent with that respect if we do not bring him into this Constitution that may be changed and reshaped at any time.”[2] With this, the reference to God was also not taken into acceptance because there may be people who have no belief in Gods but they do abide by the Constitution.

Just like any other Preamble, the Preamble of our Constitution also lays down the extreme essential elements of the Constitution. Although the Preamble is not justiciable in nature, it is an essential part of the Constitution as it helps in clearing out any ambiguity that may be caused in any part of the Constitution or any other law in the country. Considering the Constitution to be the base law in the country, all other subsequent laws are to abide by the Constitution and hence, the Preamble holds a lot of importance for every law in the country.

Although, the original Preamble did not carry the words ‘Socialist’ and ‘Secular’. These were included by the 42^nd Amendment and now the Preamble clearly states that the nature of India is Sovereign, Socialist, Secular Democratic and Republic. In the famous case of Minerva Mills v. Union of India[3], the Supreme Court has stated the following with respect to the Preamble:

“The Preamble assures to the people of India a polity whose basic structure is described therein as a Sovereign Democratic Republic; Parliament may make any amendments to the Constitution as it deems expedient so long as they do not damage or destroy India's sovereignty and its democratic, republican character. Democracy is not an empty dream. It is a meaningful concept whose essential attributes are recited in the preamble itself: Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship, and Equality of status and opportunity. Its aim, again as set out in the preamble, is to promote among the people an abiding sense of 'Fraternity assuring the dignity of the individual and the unity of the Nation'.”

Time and again, there have been issues raised regarding the validity of the Preamble as a part of the Constitution. Though it is the beginning of the Constitution, some considered it to merely be an introduction and not a part of the Constitution. In the Berubari Case[4], it was held that the Preamble is not a part of the Constitution. It was indicated to be a mere tool to open the minds of the makers. It was held that the Preamble does not hold the source to any kind of substantive power on the Government and it merely postulates the general purposes for which the provisions were made.

Subsequently, this point of view was altered by the Indian Judiciary in the case of Kesavananda Bharti v. State of Kerala[5], wherein the Apex Court with the largest bench of judges laid down that Preamble is very much an essential part of the Constitution and is a necessary tool of interpretation for the provisions of the Constitution. The importance of Preamble was highlighted later also in the case of S.R. Bommai v. Union of India[6], wherein it was stated that the Preamble indicates the basic structure of the Constitution. Hence, it is necessary to note that the Preamble is an important part of Indian Legislature and it embodies all the ideals of the nation that the framers had in mind while framing the Constitution.