The Preamble has played a crucial role in guiding the Indian judiciary in safeguarding fundamental rights and ensuring governance based on constitutional values. Here’s how:
1. Interpretative Aid:
- The Preamble serves as a key to understanding the intentions of the framers of the Constitution and the core values they sought to enshrine. It provides a context for interpreting ambiguous or unclear provisions in the Constitution.
- In cases where there are multiple possible interpretations of a constitutional provision, the judiciary often relies on the Preamble to choose the interpretation that best aligns with the overall spirit and objectives of the Constitution.
2. Upholding Fundamental Rights:
- The Preamble’s emphasis on justice, liberty, and equality has been instrumental in the judiciary’s interpretation and protection of fundamental rights.
- For example, in Maneka Gandhi v. Union of India (1978), the Supreme Court relied on the Preamble to interpret Article 21 (Right to Life and Personal Liberty) and held that it not only protects physical existence but also ensures a life of dignity.
- Similarly, the Preamble’s commitment to secularism has guided the judiciary in upholding the right to freedom of religion and protecting the rights of religious minorities.
3. Basic Structure Doctrine:
- The Supreme Court, in Kesavananda Bharati v. State of Kerala (1973), established the basic structure doctrine, which holds that certain fundamental features of the Constitution cannot be amended by Parliament.
- The Preamble, with its emphasis on core values like democracy, secularism, and social justice, has been recognized as a part of this basic structure. This has empowered the judiciary to strike down amendments that violate these fundamental principles.
4. Ensuring Governance Based on Constitutional Values:
- The Preamble’s emphasis on justice, liberty, equality, and fraternity has guided the judiciary in ensuring that governance is conducted in accordance with constitutional values.
- The judiciary has used the Preamble to promote principles like the rule of law, separation of powers, and judicial review, which are essential for maintaining a democratic and accountable government.
- For instance, in S.R. Bommai v. Union of India (1994), the Supreme Court relied on the Preamble to uphold the secular nature of the Indian state and held that secularism is a basic feature of the Constitution.
5. Promoting Social Justice:
- The Preamble’s commitment to social, economic, and political justice has guided the judiciary in promoting social justice and protecting the rights of marginalized communities.
- The judiciary has used the Preamble to uphold affirmative action policies, such as reservations for SCs, STs, and OBCs, which aim to address historical disadvantages and promote social inclusion.
Conclusion:
The Preamble has been a powerful tool in the hands of the Indian judiciary in safeguarding fundamental rights and ensuring governance based on constitutional values. It has provided a framework for interpreting the Constitution, upholding its core principles, and promoting social justice. By recognizing the Preamble as a part of the basic structure of the Constitution, the judiciary has ensured that these fundamental values remain protected even in the face of legislative or executive actions that may seek to undermine them.