70^th BPSC Mains

Approach Discuss briefly about the preamble. Explain its importance. Discuss its Constitutional position. Conclude suitably.

Introduction

The Preamble of the Indian Constitution encapsulates the ideals, values, and aspirations of the people, setting the tone for the constitutional framework. It reflects the philosophy and objectives of the Constitution, guiding its interpretation and implementation.

Body

Significance of the Preamble in Shaping Constitutional Philosophy

• Foundation of Constitutional Ideals
  • The Preamble serves as the soul and essence of the Constitution, outlining key principles such as justice, liberty, equality, and fraternity.
  • It embodies the vision of the Constituent Assembly, ensuring governance based on democratic and inclusive principles.
• Symbol of Sovereign Aspirations
  • It represents the political philosophy of the Indian Republic, ensuring sovereignty and self-governance.
  • Terms like Socialist, Secular, and Democratic Republic, added through the 42nd Amendment, reflect evolving socio-political ideologies.
• Interpretative Guide for Judiciary
  • The Supreme Court considers the Preamble as a guiding light when interpreting ambiguous provisions of the Constitution.
  • Landmark judgments, such as Kesavananda Bharati Case (1973) and LIC of India Case (1995), reaffirmed its crucial role in constitutional interpretation.
• Reflects Democratic Ethos and Citizen Rights
  • The principles enshrined in the Preamble ensure that laws and policies align with constitutional morality.
  • It reinforces the doctrine of basic structure, ensuring that core values cannot be diluted or altered arbitrarily.

Constitutional Status and Justiciability of the Preamble

• Recognition as Part of the Constitution
  • Initially, in the Berubari Union Case (1960), the Supreme Court ruled that the Preamble is not part of the Constitution.
  • However, in the Kesavananda Bharati Case (1973), the Court reversed this stance, declaring it an integral part of the Constitution and essential for understanding its objectives.
    • The LIC of India Case (1995) further reinforced this position.
• Role in Constitutional Amendments
  • The Preamble is amendable, as seen in the 42nd Amendment (1976), which added the terms “Socialist” and “Secular”.
  • However, amendments to the Preamble must not violate the basic structure of the Constitution.
• Justiciability of the Preamble
  • While the Preamble is not legally enforceable, it provides a philosophical and interpretative framework for judicial decisions.
  • Courts have used the Preamble to interpret fundamental rights and directive principles, ensuring that laws align with its vision.

Conclusion

The Preamble is not merely a decorative introduction but a guiding force shaping constitutional governance. Though not justiciable, it serves as a beacon of constitutional interpretation, ensuring that the spirit of democracy, justice, and equality remains central to India’s legal and political landscape.