Mains Daily Question
Sept. 1, 2023
Q2. "Preamble to the constitution of India acts as the guiding light for the interpretation of the Constitution". Elaborate. (10 Marks)
Approach:
Introduction: Briefly outline the significance of the Preamble to the Constitution of India.
Body: Mention the relevant Supreme Court judgements wherein the judiciary has used the Preamble to interpret the Constitution.
Conclusion: List down the utility of the Preamble apart from being an interpretative tool.
Answer:
The Preamble of the Indian Constitution serves as the introductory statement and a guiding light to the supreme law of the land. It is often referred to as the soul of the Constitution, as it sets the tone and establishes the foundational principles upon which the Constitution is built. It reflects the vision for a just, egalitarian, and democratic society.
Preamble acting as an interpretative tool can be manifested from the following supreme court cases:
- Kesavananda Bharati vs State of Kerala, 1973 - The Supreme Court stated that although, the preamble is not a source of any substantive power nor is it a limitation to any power of the state but the objectives laid down in the preamble plays a signifying role in the interpretation of provisions of the constitution.
- Samatha v. State of Andhra Pradesh, 1997 - The Supreme Court observed that the word Socialist used in the Preamble must be read from the goals, Articles 14, 15, 16, 17, 21, 23, 38, 39, 46 and all other mutual articles sought to establish, i.e. to reduce inequalities in status, income and to provide equality of opportunities.
- Minerva Mills v/s Union of India, 1980 - The SC stated that the Directive Principle of State Policy and Fundamental Rights are complementary to each other and are in no way contrary. The court decided this case by re-iterating the ideas of building a welfare society with social, economic and political justice.
- D.S. Nakara v. Union of India, 1983 - The Court observed that the basic framework of socialism is to provide a decent standard of life to the working people and to eliminate inequality in income, status and standard of life. Thus we can say that democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity.
- Synthetic & Chemicals Ltd. v/s the State of Uttar Pradesh, 1990 - The Supreme Court decided that the word sovereign means that the state has the authority to control everything within the restrictions given by the Constitution. Sovereign means supreme or independent. This case helped in differentiating between external and internal sovereignty.
- S.R. Bommai v. Union of India, 1994 - The nine-judge bench of Apex Courts found the concept of secularism as the basic feature of the Constitution.
- Union of India v. Association for Democratic Reforms, 2002 - The Supreme Court observed that "Democracy cannot survive without free and fair elections, without free and fairly informed voters". Thus, it stated that the candidates who are contesting elections need to provide information regarding their property, educational background & pending criminal cases against them.
So, although the Preamble is not legally enforceable, it does act as an essential interpretative tool for understanding the intent and spirit of the Constitution as it guides the lawmakers and the judiciary. It also reminds us of the ideals & values that the Indian democracy seeks to achieve and inspires citizens to actively participate in the nation-building process. Thus, the Preamble serves as a beacon for the governance of the country.