Polity (Preamble) by Viraj C. Rane

Model Answer

Question #1. While not enforceable in a court of law, the Preamble plays a crucial role in interpreting and understanding the spirit of the Constitution. Discuss.

Approach:

• The tone of the question is simple. It requires analysis of the Preamble of Indian Constitution in light of its significance
• Introduce by writing about the Preamble in brief
• explain the reason for Preamble to be not enforceable in a court of law
• Then explain its role in interpreting and understanding the spirit of the Constitution
• Conclude by writing how Preamble helps in shaping the interpretation and application of constitutional provisions

Hints:

The Preamble of the Indian Constitution is based on the ‘Objective Resolution’ of Jawaharlal Nehru. He had introduced it on December 13, 1946. The Constituent Assembly adopted it on January 22, 1947. In forming the Preamble on the basis of Objective Resolution, the Drafting Committee felt that the Preamble should only deal with the basic features of the State and its objectives and the other matters can be dealt with in the other provisions of the Constitution.

• The Preamble as a Basic Structure of the Constitution has provided for a humane vision which is, democratic, secular and, therefore, egalitarian.
• The purpose of the Preamble is to clarify who has made the Constitution , what is its source, what is ultimate sanction behind it; what is the nature of the polity which is sought to be established by the Constitution and what are its goals and objective.

The Preamble to the Indian Constitution is not enforceable by law because of the following reasons:

• More of a political and philosophical statement: The enforceability of a provision depends on its nature and language. While the main body of the Constitution contains specific provisions that are enforceable and can be invoked in courts of law, the Preamble does not have such provisions. It is more of a political and philosophical statement that outlines the foundational values and goals of the Constitution.
• No direct obligations on the government or individuals: The Preamble does not create any new legal rights or impose any direct obligations on the government or individuals. It primarily serves as a declaration of the aspirations and intentions of the framers of the Constitution and provides a broad framework for the interpretation and implementation of the Constitution.
• No substantive rights: The Preamble to the Indian Constitution is not enforceable by law because it does not contain any substantive rights or provisions that confer enforceable legal rights or obligations. Unlike the main body of the Constitution, which consists of specific articles and provisions that have legal force, the Preamble is an introductory statement that sets out the guiding principles, objectives, and ideals of the Constitution.

However, it is important to note that while the Preamble itself is not enforceable, the principles and ideals expressed in the Preamble often find reflection in the enforceable provisions of the Constitution. The Preamble acts as a guiding light and helps interpret and understand the spirit of the Constitution, which in turn can influence the interpretation and application of the enforceable provisions.

Role played by the Preamble in interpreting and understanding the spirit of the Constitution

• Helps in resolving ambiguities and guiding judicial interpretation: When interpreting the provisions of the Constitution, courts often refer to the Preamble to discern the underlying spirit and purpose of the constitutional provisions in question. It helps in resolving ambiguities and guiding judicial interpretation in cases where the language of the Constitution may be open to different interpretations.
• The ideals of a democratic republic: The Preamble's mention of concepts such as justice, liberty, equality, fraternity, socialism, secularism, and the ideals of a democratic republic provides a framework for understanding the fundamental principles that should guide the functioning of the Indian state and society.
• Concise summary of the fundamental principles and values: The Preamble provides a concise summary of the fundamental principles and values that the Constitution seeks to uphold. It serves as an introductory statement that sets the tone and direction for the entire constitutional framework. It outlines the goals and aspirations of the Indian nation and its people.
• Key source for understanding the constitutional philosophy and the objectives: The Preamble has been cited in several landmark judgments by the Indian judiciary to clarify the intent and scope of constitutional provisions. It has been considered as a key source for understanding the constitutional philosophy and the objectives that the Constitution seeks to achieve.

Though not legally binding, the Preamble serves as a touchstone for interpreting and understanding the spirit, values, and goals of the Indian Constitution.  It plays a significant role in shaping the interpretation and application of constitutional provisions by the judiciary and other stakeholders.

Question #2. The preamble embodies the basic philosophy and fundamental values on which the Constitution is based. Bringing out the relevance of the preamble to the Constitution, highlight the key verdicts of the Supreme Court in this regard.

Approach:

• The tone of the question is simple, requires to analyze the question in terms of its importance in light of the judgment of Supreme Court.
• Contextually introduce with the preamble to the constitution
• Then highlight the relevance of the Constitution
• Discuss the key Supreme Court verdicts with reference to the Preamble and its role as a guide to the Indian Constitution.
• Briefly conclude.

Hints:

The preamble to the constitution contains the grand and noble vision of the Constituent Assembly, and reflects the dreams and aspirations of the founding fathers of the Constitution. In the words of Sir Alladi Krishnaswami Iyer, a member of the Constituent Assembly who played a significant role in making the Constitution, ‘The Preamble to our Constitution expresses what we had thought or dreamt so long’. According to K M Munshi, a member of the Drafting Committee of the Constituent Assembly, the Preamble is the ‘horoscope of our sovereign democratic republic’.

• The Preamble as a Basic Structure of the Constitution has provided for a humane vision which is, democratic, secular and, therefore, egalitarian.
• The purpose of the Preamble is to clarify who has made the Constitution , what is its source, what is ultimate sanction behind it; what is the nature of the polity which is sought to be established by the Constitution and what are its goals and objective.

Relevance of the Preamble to the Constitution:

• The significance of the Preamble lies in its components. It embodies the source of the Constitution i.e., the people of India. The terms sovereign, socialist, secular, democratic, republic in the Preamble suggests the nature of the state. The ideals of justice, liberty, equality, fraternity reflects the objectives of the Constitution.
• In spite of not being a part Justiciable of the Constitution, the Preamble has always been given due respect and regard by the courts while interpreting the Constitution.
• Preamble is a key to open the mind of the makers. This is useful when deciding upon vague and ambiguous situations.

Key Supreme Court verdicts with reference to the Indian Preamble:

• Keshavananda Bharati v. State of Kerala: In this case, the Supreme Court of India emphasized that the principle of equality is basic to the Constitution of India. This is the basic features of the Constitution which no legislature in India can transgress. Even an amendment of the Constitution offending the basic structure of the Constitution is ultra virus. It was also held in this case that the Preamble is neither a source of power nor a source of limitation and the basic elements in the Preamble cannot be amended under Article368.
• Minerva Mills V. Union of India: In this case, the Supreme Court expressed the meaning of “Socialism” so as to crystallize a socialistic state securing to its people socio-economic justice by interplay of the Fundamental Rights and the Directive Principles of State Policy. The Preamble to the Constitution read with the Directive Principle in Articles 38, 42, 43, 46 and 48A, which promotes the concept of social justice. The aim of social justice is to attain a substantial degree of social, economic and political equality.
• Golaknath v. State of Punjab: It was held that the Preamble sets out the main objectives which the legislation is intended to achieve.
• R. Bommai v. Union of India: Justice M.H. Beg observed that the secular state arising above all differences of religion, attempts to secure the good of all its citizens irrespective of their religion beliefs and practices.

Conclusion:

Looking at socio-economic and political policies as implemented, one can reasonably argue that the Constitution has been ably supported and guided by the Preamble and its philosophy. Though political immaturity and illogical trends have at times threatened this philosophy, yet the spirit of the Preamble is intact. Such is the relevance of it that the Courts have not only treated it as a part of the constitution, but also linked all of its provisions to the doctrine of basic structure.