Preamble is a part of constitution it can be understood by briefing important Landmark cases.
Such as Berubari case 1960 and Keshavananda Bharati case 1973.
Before we going through whether the Preamble is a part of constitution are not first we have to understand what the meaning of “Preamble” is?.
What is the meaning of Preamble?
The word Preamble come from the latin word “Praeambulus” means “going before”, Introduction to important statutes.
Which signifies the objects and aim for which the act is passed.
Aims and objective of the Indian Constitution as set out in the Preamble
Following are the four objective which the Preamble secures to every citizen.
- Justice – Social, Economic, and Political
- The Preamble intended that justice must be provided to every citizen respective of poverty, richness, caste, religion, sex, power, political power etc.
- Liberty – of Thought, Expression, Belief, Faith and Worship.
- Equality of status and of Opportunity and to Promote them among all.
- Fraternity assuring the Dignity of the Individual and the Unity and Integrity of the Nation.
How the Preamble became the fact in issue in Re berubari case?
When we go through the facts of Re Bheru Bari case it was related for the Territory demarcation between India and Pakistan.
The Preamble of our constitution States the sovereign will of the people of India.
This sovereign will of the people of India, was affected, if Parliament pass any bill which has to ‘cede’ (give up) any territory of India to ‘another’ country or Nation.
In order to uphold this sovereign will of India this case was referred to the supreme court.
As to determine the eligibility of Parliament to cede the territory of India.
Which might go against the will of the people.
Hence the question regarding the amendbility (Article 368) of the Preamble came to the front.
Supreme court judgment on Reberubari case related to Preamble.
Advisory of Supreme Court. It was used as a reference under article 143(1) of the constitution.
Supreme Court of India did not considered Preamble as the part of constitution.
In Berubari Union and exchange of Enclaves, {1960 Supreme Court 845}.
The court has observed that the Preamble cannot be regard as imposing any limitation on the power to cede part of the national territory.
And further observed that Preamble cannot control the unambiguous language of Article of the Constitution.
Why was “Preamble” brought up in Berubari union case?
The Preamble of our constitution States the sovereign will of the people of India.
These class effected if Parliament pass in a bill which has to cede or give up any territory of India to another Nation.
In order to uphold this Sovereign will of India. This case was referred to the Supreme court as to determine the eligibility of Parliament.
To cede the territory of India which, might go against the will of the people.
Preamble brought up in Keshavanand Bharati
In Keshavanand Bharati v. State of Kerala the supreme court held that the Preamble is the part of the Constitution by upheld the Berubari case.
The Supreme Court observed that the Preamble to the Constitution of India did not walk before the constitution.
As it is interpreted with regard to the constitution of the USA.
But the Preamble of our constitution is a part of our Constitution and the founding fathers felt it necessary to incorporate in the Preamble the essential features of the new State leaving the Sovereignty to the people.
What is the purpose of Preamble of the Constitution of India?
- It indicates the sources from which the constitution came.
- Preamble declares the nature of the state which constitution establishes.
- sets out the objective which the constitution and the government established thereunder are to achieve.
Can Preamble be amended?
As in case of Berubari, Preamble is not part of the constitution. Hence the Preamble is not amendable.
Article 368 of Constitution empower the Parliament to amend the constitution only.
Keshavanand Bharati v. State of Kerala
Whether Preamble can be amended, was raised for the first time before the Supreme court in the history in this case.
In this case Preamble considered as the part of the constitution by overruling the Berubari case.
Since the Preamble is the part of the Constitution it can be amended but subject to the condition that the “basic feature” in the Preamble cannot be amended.