The question of the Preamble’s legal enforceability has been a subject of judicial interpretation and debate in India. While the Preamble is considered a part of the Constitution, it is not directly enforceable in a court of law in the same way as the articles and provisions of the Constitution.
Here’s a discussion with reference to relevant Supreme Court judgments:
1. In Re Berubari Union (1960):
- In this case, the Supreme Court initially held that the Preamble is not a part of the Constitution and therefore not enforceable.
- The Court stated that the Preamble is a “key to open the minds of the makers” but cannot be considered as a source of substantive powers or limitations.
2. Kesavananda Bharati v. State of Kerala (1973):
- This landmark case overturned the earlier view and held that the Preamble is a part of the Constitution.
- The Court clarified that while the Preamble is not a source of substantive powers or limitations on its own, it plays a crucial role in the interpretation of the Constitution.
- It established the basic structure doctrine, which states that certain fundamental features of the Constitution, including those reflected in the Preamble, cannot be amended by Parliament.
3. Union Government v. LIC of India (1995):
- The Supreme Court reiterated that the Preamble is an integral part of the Constitution but is not directly enforceable in a court of law.
- It emphasized that the Preamble serves as a guiding light for interpreting the provisions of the Constitution and understanding the intentions of the framers.
4. Subsequent Judgments:
- In various subsequent judgments, the Supreme Court has consistently relied on the Preamble to interpret the Constitution and uphold its core values.
- The Preamble has been used to reinforce principles like secularism, democracy, and social justice, which are considered part of the basic structure of the Constitution.
Key Points:
- The Preamble is not a source of individual rights or enforceable duties in the same way as the articles of the Constitution.
- It cannot be used to strike down a law or government action solely on the ground that it violates the Preamble.
- However, the Preamble is an essential tool for interpreting the Constitution and ensuring that its provisions are understood and applied in accordance with its core values and objectives.
- It serves as a moral compass and a guiding light for the judiciary, legislature, and executive.
In conclusion:
While the Preamble is not directly enforceable in a court of law, it is an integral part of the Constitution and plays a vital role in its interpretation and implementation. It reflects the core values and objectives of the Indian nation and serves as a guiding light for all organs of the state. The Supreme Court has consistently upheld its significance in shaping the understanding and application of the Constitution.