A preamble is an introductory statement in a document that explains the document’s philosophy and objectives.
In a Constitution, it presents the intention of its framers, the history behind its creation, and the core values and principles of the nation.
Preamble declares India to be a sovereign, socialist, secular and democratic republic.
The preamble being part of the Constitution is discussed several times in the Supreme Court. It can be understood by reading the following two cases.
Berubari Case: It was used as a reference under Article 143(1) of the Constitution which was on the implementation of the Indo-Pakistan Agreement related to the Berubari Union and in exchanging the enclaves which were decided for consideration by the bench consisting of eight judges.
Through the Berubari case, the Court stated that ‘Preamble is the key to open the mind of the makers’ but it can not be considered as part of the Constitution.
Therefore it is not enforceable in a court of law.
Kesavananda Bharati Case: In this case, for the first time, a bench of 13 judges was assembled to hear a writ petition.
The Court held that the Preamble of the Constitution will now be considered as part of the Constitution.
The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution.
So, it can be concluded that preamble is part of the introductory part of the Constitution.
In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once again held that Preamble is the integral part of the Constitution but is not directly enforceable in a court of justice in India.
