Question- “The preamble is the most precious part and soul of the Constitution.” In the light of this statement explain the objectives and values incorporated in the preamble.

Ans.

The ideals embodied in the Objectives Resolution are faithfully reflected in the Preamble to the Constitution which as amended in 1976 summarises the aims and objects of the Constitution :

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 on the Nation;

IN Our Constituent Assembly this twenty-sixth day of November, 1949 do Hereby ADOPT, EN-Act and give to Ourselves this Constitution.

What the Words Signify : The Preamble to the Indian Constitution sets the Constitution in the highly moral perspective and embodies not only that spirit in which the Constitution was drafted but also the ideals which the people of India, as represented in the Constituent Assembly, wanted their country to realise—the ideals of justice, equality, liberty and fraternity.

The words have been chosen judiciously and embody a value that cannot be measured merely in term of formal legal expressions.

Scope and Significance of the Preamble

The proper function of a Preamble is to explain certain facts which are necessary to be explained before the enactments contained in the Act can be understood. Though by itself not enforceable in the court of law, the Preamble states the objects which the Constitution seeks to establish and promote and also aids the legal interpretation of the Constitution where the language is found to be ambiguous. Whether it is a part of the Constitution or not, is still a highly debated issue, but the generally held view is that it is an introduction to and not a part of the Constitution. It has been described as a "key to the Constitution". The importance and utility of the Preamble has been pointed out in several decisions of the Supreme Court. Increasingly, the Court has come to the view-point that the Preamble cannot be set aside unless it comes in direct conflict with a clear and unambiguous enacted part of the Constitution. By itself, the Preamble does not either restrict or expand any law of the Constitution; it is only when there is a lack of clarity about a particular clause of the Constitution that we can look into the Preamble to find out the intention of the makers of the Constitution.

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