Judicial Interpretation of the Preamble:

 

The judiciary has evolved in its interpretation of the Preamble’s role in ensuring justice:

  1. Berubari Union Case (1960)  : In this case, the Supreme Court deliberated on the role and significance of the Preamble:
      • Guiding Purpose: The Court stated that the Preamble outlines the general purposes behind the Constitution’s provisions and serves as a key to understanding the intent of the Constitution-makers.
      • Not Part of the Constitution: Despite its acknowledged significance, the Court held that the Preamble is not a part of the Constitution. It cannot confer or restrict powers explicitly provided in the Constitution.
      • Non-Enforceable Nature: The Court clarified that the Preamble is not enforceable in a court of law, limiting its practical utility to interpretation in cases of ambiguity.
  1. Kesavananda Bharati Case (1973) : This landmark judgment marked a paradigm shift in the status of the Preamble:
      • Integral Part of the Constitution: The Supreme Court reversed its earlier stance in the Berubari case, declaring that the Preamble is indeed a part of the Constitution.
      • Importance in Interpretation: The Court emphasized that the Constitution should be read and interpreted in light of the “grand and noble vision” expressed in the Preamble.
      • Reasons for Inclusion:
          • The Preamble was adopted by the Constituent Assembly in the same manner as other parts of the Constitution.
          • The motion to adopt it explicitly stated that the Preamble forms part of the Constitution.
          • The Preamble was inserted at the end of the drafting process to ensure alignment with the substantive provisions of the Constitution.
  1. S.R. Bommai Case (1994): The Supreme Court reiterated that the Preamble is an integral part of the Constitution, underscoring its relevance in interpreting constitutional provisions and maintaining the basic structure doctrine.
      • Note: Though preamble is part of the constitution
          • It is a neither a source of power to legislature nor a prohibition upon the powers of legislature
          • It is a non-justiciable, that is , its provisions are not enforceable in any courts of law