What is the significance of the Preamble?

Preamble provides a brief overview about the basic philosophies and values on which Indian Constitution is based upon. Preamble is one of the most important part of the Constitution of India as it lists down the fundamental principles on which Indian Constitution stands. Preamble of Indian Constitution is a concept borrowed from the American Constitution and it provides a brief insight to the various features of the Constitution of India.

This is the second article in the Preamble series. In the previous article on Preamble of Indian Constitution, we discussed about following topics : 

1.    What is Preamble?

2.    What are the different names given to the Preamble of India? (Keynote, Identity Card, Horoscope)

3.    What are the features of Preamble of Indian Constitution?

4.    What are the components of Preamble of India? 

In this article we are going to learn about:

1.    Significance and importance of Preamble to the Indian Constitution

2.    Does Preamble forms the part of Constitution of India? (Related Supreme Court judgement)

3.    Is Preamble amendable under Article-368? (42nd Amendment Act, 1976)

What is the significance of Preamble in the Indian Constitution? 

Preamble is like a preface of the Constitution which provides the brief introduction and summary to the features which are listed in the Constitution of India. It states down the values on which our freedom movement was based upon.

a) The Preamble contains the basic philosophy and soul behind the constitution,

b) Preamble of India lists down important fundamental values such as political, moral and religious - on which the Constitution is based upon,

c) Preamble incorporates the grand and noble vision of the Constituent Assembly, 

d) Preamble of Indian Constitution reflects the dreams and aspirations of the founding fathers of the Constitution. Preamble is the key to the minds of makers of Constitution,

e) Preamble lays down the pattern of our political society - Sovereign, Socialist, Secular, Democratic and Republic.

Keeping above points in the mind, Preamble helps to interpret the constitution where the terms used in any article may be ambiguous or had more than one meaning. So Preamble plays a significant role to clarify the meaning of an article whenever there occurs a confusion regarding the meaning of any article.

Is Preamble a part of Indian Constitution?

Preamble is an integral part of the Constitution as it is the key to the minds of the makers of the Constitution. It lays down various fundamental principles on which Constitution of India stands.

The debate whether Preamble is a part of Constitution of India or not, started with the Berubari Union Case of 1960 which said in its judgement that Preamble is not the part of the constitution but later this judgement was overruled by the Keshavananda Bharathi Case of 1973 which said that Preamble forms an integral part of the Constitution of India, we cannot treat as a separate part, it is like any other part of the Constitution.

So, the list of Supreme Court Judgement related to the question whether Preamble is a part of Constitution of India or not is a s follows :

a) Berubari Union case (1960) : 

Supreme Court held that Preamble is not the part of the constitution.

b) Kesavananda Bharati case (1973) : 

Preamble is an integral part of the constitution.

c) LIC of India case (1995) : 

Preamble is an integral part of the constitution.

Preamble of Indian Constitution was enacted by the Constituent Assembly of India like any other part of constitution, but at the end so that it is in conformity with the constitution.

Dr.Rajendra Prasad, who was the President of the Constituent Assembly said the following words while forwarding the Preamble for votes, after which the motion was adopted. :

"The question is that Preamble stands part of the Constitution".

From Rajendra Prasad's words we can clearly see that makers of the Constitution considered Preamble as an integral part of the Constitution.

Hence, the current opinion held by the Supreme Court that the Preamble is a part of the Constitution is in consonance with the opinion of the founding fathers of the Constitution.

Is Preamble amendable under Article-368?

The question whether Preamble is amendable or not first time arose in the Keshavananda Bharathi Case, 1973.

Before this case, the Supreme Court was of opinion that Preamble is not the part of Constitution of India, hence Preamble was not amendable under Article-368.

The judgement of Keshavananda Bharathi Case of 1973 introduced the BASIC STRUCTURE DOCTRINE which stated that any part of constitution is amendable provided the fundamental features of the constitution remains unchanged and intact. Thus, amending power granted under Article 368 cannot be misused to alter the basic elements or fundamental features of the Constitution as contained in the Preamble.

Supreme Court reversed its previous decision given in Berubari Union Case,1960 and said that Preamble is a part of the constitution and can be amended if its basic structure or features remain intact and are not subject to alteration, destruction or damage.

Continue reading about:

• What is the meaning of Sovereign, Socialist, Secular, Democratic, Republic?
• What is Article-368 and how to amend constitution of India?

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