"Preamble" of the Constitution of India

 What are the essential features of the Preamble of the Constitution of India?

Write notes on Preamble to the Constitution of India.

The Preamble of the Constitution sets out the aims and aspirations of the people of India and these have been translated into the various provisions of the Constitution. The Preamble of the Constitution is as under-

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.

The Preamble, being the key to know the intention of constitution framers, enshrines the ideas and philosophy of the constitution. Its importance is in role to be played in interpretation of statues, also in the interpretation of provisions of the Constitution.

Constitution should be read and interpreted in the light of grand and novel vision expressed in the preamble. The ultimate aims of the Constitution framers was to have a welfare State and an egalitarian society projecting the aims and aspiration of the people of India who made the extreme sacrifice for attainment of the country’s freedom.

It is valuable to note that the Preamble was adopted by the Constituent Assembly after the draft Constitution has been approved.

The idea was that the Preamble should be in conformity with the provisions of the Constitution and express in a few words the philosophy of the Constitution. After the transfer of power, the Constituent Assembly became sovereign, which it reflected in its words “give to ourselves this Constitution” in the Preamble.

It is also implied that the Preamble emanated from the people of India and sovereignty lies with them.

Allahabad High Court in U.P. State Electricity Board v. State of U.P., (1995) IIIIJ 469. All quoted that the aims and object intended in the preamble of the Constitution indicate the aspirations of the people.

Supreme Court in Kesavananda Bharathi v. State of Kerala, (1973) 4 SCC 225 overruled its earlier decision (In Re: The Berubari Union, AIR 1960 SC 845) and made it clear that the Preamble is a part of the constitution and is subject to the amending power of the Parliament as any other constitutional provisions, subject to basic structure of the constitution. However, it is not an essential part of the constitution; still it serves as an important guide to interpret the true spirit of the Constitution.