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Almost all the constitutions of the world have a Preamble. The Preamble to a Constitution sets out the main objectives, which the legislation is intended to achieve. As the Supreme Court has observed, the Preamble is a key to unravel the minds of the makers of the Constitution. It serves as an introduction to the Constitution and shows the general purpose for which the Constituent Assembly made the several provisions in the Constitution. It also embodies the ideals and aspirations of the people of India. It provides the essence of the Constitution and in a - nut shall it reveals what the Constitution is all about.
The Preamble is not regarded as the source of any substantive governmental power and cannot place any limitations on the exercise of the powers of the organs of the Constitution, viz the Executive, Legislature and Judiciary. The Preamble cannot override the express provisions of the Constitution. It cannot be enforced in a court of law. It has limited application and can be resorted to only what there is an ambiguity in the provisions of the constitution. According to the Supreme Court, if the terms used in the provisions of the Constitution are ambiguous or capable of two or more meanings, some assistance can be taken from the Preamble. In such cases the interpretation, which fits the Preamble, may be preferred.
By: Atul Sambharia ProfileResourcesReport error
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