Previous Year Question

The Preamble is a part of the Constitution, but independently of the other constitutional provisions, it neither confers governmental power nor grants rights that can be directly enforced in a court. Therefore, option (d) is correct.

The Preamble expresses the fundamental philosophical direction of the Constitution. It declares the resolve to constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to secure justice, liberty and equality for citizens while promoting fraternity.

Constitutional significance of the Preamble

The Preamble is a key to understanding the objectives of the Constitution-makers and the foundational values of the Constitution. Where the meaning of a constitutional provision is ambiguous and more than one interpretation is possible, a court may use the Preamble to adopt an interpretation consistent with the fundamental objectives of the Constitution.

Nevertheless, the Preamble:

• Is not an independent source of power for the legislature, executive or judiciary.

• Does not independently grant judicially enforceable rights.

• Cannot override, enlarge or alter the express words of the Constitution.

• Cannot be employed contrary to an explicit constitutional provision.

In the Berubari Union case, 1960, the Supreme Court expressed the view that the Preamble was not a part of the Constitution. It also recognised that the Preamble could assist in understanding the intention of the Constitution-makers but was not a source of substantive power.

In Kesavananda Bharati v. State of Kerala, 1973, the Supreme Court departed from the earlier view and held that the Preamble is a part of the Constitution. The Court also clarified that the Preamble can be amended under Article 368, but an amendment cannot destroy the basic structure of the Constitution.

For this reason, the Preamble was amended through the Forty-second Constitutional Amendment, which inserted the expressions “Socialist,” “Secular” and “integrity.”

Option (a) is incorrect because the Preamble possesses legal and interpretative significance.

Option (b) is incorrect because the Kesavananda Bharati judgment recognises the Preamble as a part of the Constitution.

Option (c) is incorrect because the Preamble does not have the same independent legal effect as enforceable constitutional provisions.

Therefore, the Preamble is a part of the Constitution but has no legal effect independently of its other parts.