MAHARASHTRA NATIONAL LAW UNIVERSITY

CONSTITUTIONAL LAW

FIRST DRAFT

Interpretation of Preamble by the Supreme Court

Submitted to : Prof. Milind Gawai

Submitted by: Saurabh Misal

Enrolment no:-2017046
Introduction 3

Preamble: A General Meaning 3

Preamble And Constituent Assembly Debate: Objectives Resolution 4

Preamble and its contents 6

Sovereign 7

Socialist 7

Secular 8

Democratic 9

Republic 9

Justice 9

Liberty 10

Equality 11

Fraternity 11

Mandal Commission case 12

Conclusion 12

Bibliography 13

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Introduction

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

Preamble: A General Meaning

- “A preamble is a preliminary statement of the reasons which have made the passing of statute of
desirable, and its position is located immediately after the title and date of issuing the presidential
assent. A preamble may also be used to introduce a particular section or group of sections”1

rd
1 Halsbury’s Law of England, 3 Edition, Vol. 31, p.370.
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- The plain dictionary meaning of the word preamble is “ preamble as an opening statement
explaining the purpose of book, lecture, etc.”2
- “a preamble is said to be a the key of the statute, 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.”3
- “a preamble means preface, introduction, especially that of an act of parliament, giving its
reasons and purpose- 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, a preamble is a recital at very beginning of statute/constitution, made by legislature, in
order to define the purpose behind enacting a particular law. At the time of ambiguity in the subject-
matter in the cases, judges are free to refer to the preamble of the law so as to clear the clouds. It is
of great importance while interpret ting a provision either of any act or constitution itself. 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. A gateway to a statute.

Preamble 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, 1946. On 9th dec‟1946 first meeting of
assembly took place under the acting chairman, Dr. Sacchidanand Sinha and later on Dr. Rajendra
Prasad, performed the work of permanent chairman of assembly. Constituent assembly derived its
legislative competence to frame the constitution from s8(1) of Independence act of 1947. B.N. Rau,
constitutional adviser, prepared the draft of constitution.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.7 Therefore,

2 Oxford Advanced Learner’s Dictionary,

3 Aiyar’s, P. Ramanath. “The Law Lexicon” ,Wadhwa and company law Publishers,New Delhi,2006,pp1494.
4 Chamber’s twentieth century dictionary.

5" As Quoted In Baruah, Dr. Aparajitha, “Preamble Of The Constitution Of India: A Insight.....Constitutions”, D&D
Publications Pvt. Ltd., New Delhi, 2007
6 Baruah, Dr. Aparajitha, “Preamble Of The Constitution Of India: A Insight.....Constitutions” , D&D Publications Pvt.
Ltd., New Delhi, 2007, pp 10
7 Ibid pp 11
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Objectives Resolution drafted and moved by Jawaharlal Nehru in the assembly on the 13th
December 1946 . It is regarded as the foundation work of preamble.
The objectives resolution runs as follows:8
I. 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;
II. wherein the territories that now comprise British India, the territories that now form the Indian
States, 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, shall be a
Union of them all; and
III. wherein the said territories, 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, shall possess and retain the status of autonomous Units, together with residuary
powers, and exercise all powers and functions of government and administration, save and
except suck powers and functions as are vested in or assigned to the Union, or as are inherent or
implied in the Union or resulting therefrom; and
IV. wherein all power and authority of the Sovereign Independent India, its constituent parts and
organs of government, are derived from the people; and
V. wherein shall be guaranteed and secured to all the people of India justice, social, economic and
political; equality of status, of opportunity, and before the law; freedom of thought, expression,
belief, faith, worship, vocation, association and action, subject to law and public morality; and
VI. wherein adequate safeguards shall be provided for minorities, backward and tribal areas, and
depressed and other backward classes; and
VII.whereby shall be maintained the integrity of the territory of the Republic and its sovereign
rights on land, sea, and air according to Justice and the law of civilised nations; and
VIII.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."
While introducing resolution, Nehru remarked on the spirit of resolution as “It is a Resolution and
yet, it is something much more than a resolution. It is a Declaration. It is a firm resolve. It is a
pledge and an undertaking and it is for all of us I hope a dedication. And I wish this House, if I may
say so respectfully, should consider this Resolution not in a spirit of narrow legal wording, but
rather to look at the spirit behind that Resolution. Words are magic things often enough, but even

8 Constitutional assembly debates(CAD), Vols 1-2, p59

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the magic of words sometimes cannot convey the magic of the human spirit and of a Nation's
passion. And so, I cannot say that this Resolution at all conveys the passion that lies in the hearts
and the minds of the Indian people today. It seeks very feebly to tell the world of what we have
thought or dreamt of so long, and what we now hope to achieve in the near future.”9 The
distinctiveness of resolution in the words of B. 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, a firm
resolve, a pledge, an undertaking and for all a dedication. It had been drafted after mature
deliberation and no effort had been spared to avoid all controversy. The resolution dealt with
fundamentals which were commonly cherished and accepted by the people.”10

Preamble and its contents

We, 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. Since the Constituent Assembly enacted and
adopted the constitution in the name of the people of India, the question has been asked whether the
Assembly was really representative of the people of India. This question was raised both within and
outside the Assembly. 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. No
part of the country had the experience of adult suffrage. 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. It was rightly thought unwise to postpone the task of constitution making until
such an election was held. This was the main justification for accepting the Cabinet Mission Plan
for constituting the Assembly through indirect election.
Everyone will definitely agree with what Dr. Ambedkar said in the floor of the Constituent
Assembly in 1949, "I say that the Preamble embodies what is the desire of every members of the
House, that the constitution should have its root, its authority, its sovereignty from the people that it
has".11

9 CAD Vol. 1, p.61

10 As quoted in Lahoti, R.C., ‘Preamble: the spirit and backbone of constitution’,EBC, lucknow,p.28
11DasGupta, Rohini. "Essay on the Preamble of Indian Constitution." 81 Words Paragraph for Kids on DANCE.
Accessed September 04, 2018. http://www.preservearticles.com/201104235906/essay-on-the-preamble-of-indian-
constitution.html.
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In the case of Union of India v. Madan Gopal12 it was held that our constitution, as appears from
the preamble, derives its authority from the people of india. However, this finding itself is based on
the contents of the preamble. 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.13

Sovereign
India is 'Sovereign', in as much as it is free from any external control and having independent power
and authority. Sovereignty of India does not come in the way of its remaining a member of the
Commonwealth of Nations. Though the Queen of the UK is its symbolic head, it is a voluntary
association and so does not violate India's sovereign status. In the republican form of governments,
which mostly prevailed in the democratic world, sovereignty shifted towards elected representatives
of the people. In the case of Nagendra Rao & co. v. State of AP, Sovereign as used in the
constitution is different from the old and archaic concept of sovereignty which has ceased to
survive. Sovereignty now vests in the people of India and the USA and both recognised that the
people are the basis of all sovereignty. The legislature, executive and the judiciary are constitutional
to serve the people.14

Socialist
The word socialist was not there originally in the preamble. It was added to the preamble by the
42nd amendment. Thus, the concept of socialist made explicit and the India’s commitment to this
ideal has been underlined and strengthened. The term socialist has not been defined in the
constitution. It does not however envisage doctrinaire socialism in the sense of insistence on the
state ownership as a matter of policy. It does not mean total exclusion of private enterprise and
complete state ownership of the material resources of nation.15 In India, there has always been
emphasis on mixed economy. The government accepts the policy of mixed economy where both
public and private sectors co-exist side by side.
The word socialism among others, has many facets includes state socialism of collectivism which
means that all means of production should be owned by the state or brought under state control. The

12 Union of India v. Madan Gopal, 1954 SCR 541

13 Lahoti, Justice R.C. “ Preamble : the spirit and backbone of constitution of India” , EBC, LUCKNOW, 2004,pp
14 (1994)6 SCC 205

" Jain, Prof. M.P , “ Indian constitutional law”, 6th edition, lexis nexis, Nagpur, 2012 pp14
15
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connotations of socialism varied from Gandhian socialism, fabian socialism, national socialism of
third reich in Germany to scientific socialism of the Marxian ideology.16
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. The court has derived the concept
of social justice and an economic egalitarian society from concept of socialism. According to
supreme court, “the principal aim of socialism is to eliminate inequality of income and status and
standard of life, and to provide a decent standard of life to the working people ”17 In Samatha v.
State of Andhra Pradesh,18 the SC has stated while defining socialism: “establishment of the
egalitarian social order through rule of law is the basic structure of constitution”

Secular
The word “secular”, like the word “religious”, is amongst the richest of all words in its range of
meaning. It is full of subtle shades which involve internal contradictions, and of these contradictions
the conventional dictionary meaning can scarcely give a correct view.
This, with great respect, 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.
The meaning of secularism, it is believed, has emerged with sufficient clarity from the survey of
historical development made earlier herein. The next question is whether India, as unfolded by the
Constitution, is a secular State.
What did the Constitution-makers intend it to be?
The Constitution, till the 42nd Amendment in 1976, did not contain the word “secular” except
incidentally in Article 25(2)(b). Prof. K.T. Shah was the only member who made a valiant effort to
get a provision regarding the secular character of India included in the Constitution. The following
amendment, moved as Amendment No.366, was defeated on 3rd December 1948.
The word secular was not present originally in the preamble. It was added thereto by the 42nd
amendment. Before this, it was only implicit in the constitution of India that India is a secular
country and after the amendment it became explicit. 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

" Baruah, Dr. Aparajitha, “Preamble of the constitution of india: A insight.....constitutions” , D&D Publications Pvt.
16
Ltd., New Delhi, 2007,pp 40
th
17 Jain, Prof. M.P , “ Indian constitutional law”, 6 edition, lexis nexis, Nagpur, 2012, p15
18 Samatha v. State of Andhra Pradesh, (1997)8 SCC 191
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subjected to considerable stresses and strains since past years. More expressly there is no official
religion in India. There is no state recognised church or religion. Several fundamental rights
guarantee freedom of worship and religion as well as out law discrimination on the ground of
religion. So ,it is against the theocratic state. The state is enjoined to treat all religions and religious
sectors equally.

Democratic
India is a democracy. The people of India elect their governments at all levels (Union, State and
local) by a system of universal adult franchise; popularly known as ‘One man one vote’. Every
citizen of India, who is 18 years of age and above and not otherwise debarred by law, is entitled to
vote. Every citizen enjoys this right without any discrimination on the basis of caste, creed, colour,
sex, religion or education.

Republic
As opposed to a monarchy, in which the head of state is appointed on hereditary basis for a lifetime
or until he abdicates from the throne, a democratic republic is an entity in which the head of state is
elected, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral
college for a term of five years. The post of the President of India is not hereditary. Every citizen of
India is eligible to become the President of the country.

Justice
Social, Economic and Political
The expression “Justice” briefly speaking is the harmonious reconcilement of individual conduct
with the general welfare of the society. An act or conduct of a person is said to be just if it promotes
the general well-being of the community. Therefore, the attainment of the common good as
distinguished from the good of individuals is the essence of justice. The preamble of India professes
to secure all its citizen social, economic, and political justice. The concept of justice is already
present with various diverse notions of rights-morality, welfare, happiness, liberty, and equality. It
has become heavily loaded terminology. The expression “Justice” is the harmonious reconcilement
of individual conduct with general welfare of society.19

19 Baruah, Dr. Aparajitha, “Preamble Of The Constitution Of India: A Insight.....Constitutions” , D&D Publications Pvt.
Ltd., New Delhi, 2007, p63
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Social Justice means the abolition of all sorts of inequalities which may result the inequalities of
wealth, opportunity, status, race, religion, caste, title and the like. To achieve this ideal of social
justice, the Constitution lays down the Directives Principles of State Policy in Part IV of the
Constitution. In the case of Air India Statutory Corporation v. United Labor Union20 the
Supreme Court observed that the aim of social justice was to attain substantial degree of social,
economic and political equality which was the legitimate expectation and constitutional goal. It was
held that social justice was a dynamic device to mitigate the sufferings of the poor, weak, dalits,
tribals and deprived sections of the society and to elevate them to the level of equality, to live a life
with dignity of person. 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.
Political Justice means the absence of any unreasonable or arbitrary distinction among men in
political matters. The Constitution has adopted the system of universal adult suffrage, 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 order that justice in real sense be secured to the people of India, the constitution, not only secures
equality of status and of opportunity by prohibiting discrimination on various grounds, at the same
time, 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.21

Liberty
Liberty has been derived from the Latin word “liber” which means free. 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.”22
The term “liberty” in the preamble of constitution of India, is used both in a negative as well as
positive sense. As a negative concept liberty means the absence of all undue or arbitrary
interference with individual‟s action on the part of the State. In positive sense, liberty comprises of

20 Air India Statutory Corporation v. United Labor Union, AIR 1997 SC 645.

" Baruah, Dr. Aparajitha, “Preamble Of The Constitution Of India: A Insight.....Constitutions” , D&D Publications Pvt.
21
Ltd., New Delhi, 2007, p53
nd
22 Myneni, SR., Political Science for Law Students, 2 Ed., Allahabad Law Agency, Allahabad, 2006, 168
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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, expression, belief, faith and worship.23
The Constitution of India professes to secure the liberty of thought, expression, belief, faith and
worship, which are regarded essential to the development of the individual in the Nation. 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 in the field of expression.

Equality
Equality of status and of opportunity is secured to the people of India by abolishing all distinctions
or discriminations by the State, between citizen and citizen, on the ground of religion, race, caste,
sex or place of birth and by throwing open public places to all the citizens. One of the main tasks
before the constitution makers was to ensure equality of status and opportunity for all, and to
provide a basis for ultimately establishing an egalitarian society. They proceed to achieve these
objectives by incorporating a set of fundamental principles into the constitution. The idea of
equality was transmitted to the people of India through the ages, and then embodied in the
objectives resolution.24 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
Constitution also abolishes untouchability and titles by the Articles 17 and 18 respectively. 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.

Fraternity
Fraternity means a feeling of brotherhood, brotherliness, a feeling that all people are children of the
same soil, the same motherland. 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 emphasised by special mention in the
Preamble.”25 There is no express provision in the Constitution which reflects fraternity as an object.
However, there are provisions in the Constitution, such as common citizenship, the right of the

" Baruah, Dr. Aparajitha, “Preamble of the constitution of india: A insight.....constitutions” , D&D Publications Pvt.
23
Ltd., New Delhi, 2007,p 56
24 ibid p60
25 Ibid p62
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citizen of India to move freely, to reside and settle in any part of the territory of India, etc., which
generate their spirit of brotherhood. The dignity of the individual is to be maintained for the
promotion of fraternity. Therefore, the Preamble assures the dignity of each and every individual.
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. 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. Therefore, 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. India has been declared as a Union of States and is intended to
put an end to the separatist tendencies.

Mandal Commission case

A discussion on Preamble cannot be complete without making a reference of Mandal Commission

case, which was decided by a larger bench of nine Judges. A rainbow of judicial thoughts reflecting
the significance, value and message of the Preamble. B.P. Jeevan, J. held that the four folding
objective of securing to its citizens justice, liberty, equality and fraternity displays statesmanship of
the highest order– Constitution of India. The framers of the Constitution did not rest content with
evolving the framework of the state; 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. In the
opinion of R.M. Sahai J. the preamble to the constitution is a turning point in history. The Preamble
of the constitution has the sentiments and it is the key to the minds of the framers of the
Constitution.26

Conclusion

Now, it can no longer a hypothesis that preamble of constitution of India is a bulwark to it, rather it
really a bulwark, an alert boundary consciously being guarded by the judiciary in every possible
way. Preamble of constitution of India from its each content is truly striving towards the fulfilment
of goals laid down in the constitution. Constituent assembly have prepared the preamble very
vigilantly and the same can be witnessed from the wording of the preamble. Like every word to the

26 Indra Sawhney v. Union of India AIR 1993 SC 477

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preamble have its distinct role to play in the complete meaning of preamble and applicable to
various constitutional provisions. As whenever any need arises or ambiguity appears, preamble
proves it’s importance there. Also, supreme court while interpret ting the constitutional provisions
or examining the validity of a legislation and affirmative policy of government, it used to see these
through lens of preamble and correctly reaches to a conclusion regarding particular law or policy.
Therefore, preamble to the constitution of India is in true sense a bulwark to constitution. Supreme
court in the case of Berubari Union v. Exchange of Enclaves,27 goes on to opined that the
preamble is a key to open the mind of the Constitution makers. It is a guide to interpretation of the

provisions of the Constitution. As wording of the Preamble highlights some of the fundamental

values and guiding principles on which the Constitution of India is based. So, Preamble serves as a
guiding light for the Constitution and judges interpret the Constitution in its light. Even though, in a
majority of decisions, the Supreme Court of India has ruled that neither it nor any of its content is
legally enforceable. The Preamble plays pivotal role when there is ambiguity in provisions of any
Article or interpretation becomes confusing.
After completing this paper, it becomes clear that preamble is there to rescue constitutional over
reach even if it is in disguise. And number of times, it proves its need and so court has rightly made
it a part of constitution.

Bibliography

PRIMARY SOURCES:
- Constitution of India, 1950
- Constitutional assembly debates
- Cases referred
SECONDARY SOURCES:
- Lahoti, Justice R.C. “ Preamble : the spirit and backbone of constitution of India” , EBC,
LUCKNOW, 2004
- Baruah, Dr. Aparajitha, “Preamble of the constitution of india: A insight.....constitutions” , D&D
PUBLICATIONS PVT. LTD., NEW DELHI, 2007
- Jain, Prof. M.P , “ Indian constitutional law”, 6th edition, lexis nexis, Nagpur, 2012
- Singh, Mahendra P. , “Constitution of India - V.N. Shukla's Constitution of India”

27 AIR 1960 SC 845

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- Myneni, SR., Political Science for Law Students, 2nd Ed., Allahabad Law Agency, 


Allahabad, 2006.
- Aiyar, P. Ramanath,. The law lexicon, wadhwa and company, 2006,
- www.manupatra.com
- "Tomorrow´s Research Today." By Nuno Garoupa, Daniel M. Klerman :: SSRN. Accessed
August 29, 2018. http://www.ssrn.com/.


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