Ans: The Preamble of the Indian Constitution holds immense significance as it embodies the basic philosophy and fundamental values on which the Constitution is based. It reflects the noble vision of the Constituent Assembly and the dreams and aspirations of the founding fathers of the Constitution.

Key Points of Significance

1. Philosophical Foundation: The Preamble contains the essence of the Constitution, summarising its core principles and values. According to Sir Alladi Krishnaswami Iyer, a member of the Constituent Assembly, ‘The Preamble to our Constitution expresses what we had thought or dreamt for so long’.
2. Visionary Document: K.M. Munshi, another member of the Drafting Committee, described the Preamble as the ‘horoscope of our sovereign democratic republic‘.
3. Symbol of Aspirations: Pandit Thakur Das Bhargava, a member of the Constituent Assembly, called the Preamble ‘the most precious part of the Constitution’, describing it as ‘the soul of the Constitution’ and ‘a jewel set in the Constitution’.
4. Guiding Principle: Sir Ernest Barker, a distinguished English political scientist, referred to the Preamble as the ‘key-note’ to the Constitution, highlighting its importance in understanding the political wisdom of the Constitution’s authors.

Preamble as Part of the Constitution

The Preamble is an integral part of the Indian Constitution. This was affirmed by the Supreme Court in the Kesavananda Bharati case (1973), where it was held that the Preamble is a part of the Constitution and should be read and interpreted in the light of the noble vision expressed in it. This view was reiterated in the LIC of India case (1995).

Historical Context

1. Berubari Union Case (1960): Initially, the Supreme Court opined that the Preamble is not a part of the Constitution. However, it recognized the Preamble’s significance in showing the general purposes behind the Constitution’s provisions.
2. Kesavananda Bharati Case (1973): The Supreme Court rejected the earlier opinion and held that the Preamble is a part of the Constitution. The Court emphasized that the Constitution should be interpreted in light of the Preamble’s vision.
3. LIC of India Case (1995): The Supreme Court reaffirmed that the Preamble is an integral part of the Constitution.

Legal Implications

1. Non-Justiciable: The Preamble is not a source of power for the legislature nor a prohibition upon its powers. Its provisions are not enforceable in courts of law.
2. Interpretative Aid: The Preamble can be used to interpret ambiguous terms in the Constitution. It serves as a key to understanding the objectives and purposes behind the Constitution’s provisions.

Ingredients of the Preamble

The Preamble reveals four main components:

1. Source of Authority: The Constitution derives its authority from the people of India.

2. Nature of Indian State: It declares India to be a sovereign, socialist, secular, democratic, and republican polity.

3. Objectives of the Constitution: It specifies justice, liberty, equality, and fraternity as the core objectives.

4. Date of Adoption: The Constitution was adopted on November 26, 1949.

Can the Preamble be Used to Interpret Laws?

The Preamble can indeed be used to interpret laws, especially when the terms used in any article of the Constitution are ambiguous or capable of more than one meaning. The objectives enshrined in the Preamble can provide assistance in interpretation.

Judicial Interpretations

1. Berubari Union Case (1960): The Supreme Court acknowledged that the Preamble shows the general purposes behind the Constitution’s provisions and can aid in interpretation.
2. Kesavananda Bharati Case (1973): The Supreme Court held that the Preamble is a part of the Constitution and emphasized its importance in interpreting the Constitution.
3. LIC of India Case (1995): The Supreme Court reaffirmed the Preamble’s role in constitutional interpretation.

Limitations

1. Non-Justiciable: While the Preamble can guide the interpretation of laws, its provisions are not enforceable in courts of law.
2. Not a Source of Power: The Preamble does not grant legislative power nor does it impose prohibitions on legislative power.