Understanding the Preamble: Its Role and Judicial Rulings in Constitutional Frameworks

Introduction

The Preamble is a fundamental introductory statement that sets the stage for a constitution. In the context of the United States, it outlines the core objectives and values that the Constitution aims to achieve. For countries like India, the Preamble is a testament to the collective vision of its founding fathers. This article explores the significance of the Preamble and its role in constitutional frameworks, with a focus on the influential judicial rulings that have shaped its interpretation.

The Preamble and Its Legal Significance

The Preamble serves as an introductory text that provides a concise summary of the fundamental purposes and principles of a constitution. Although its legal implications may vary, the Preamble is often considered an essential part of the constitutional framework. For instance, the opening words of the U.S. Constitution, 'We the People of the United States, in Order to form a more perfect Union,' emphasize the collective sovereign power vested in the people.

The Supreme Court of India initially ruled in the Berubari case (1960) that the Preamble is not an integral part of the Indian Constitution, and hence, not enforceable in a court of law. However, the Supreme Court later reversed this stance in the Kesavananda case (1973), acknowledging the Preamble as an integral part of the constitution. In Union Government vs. LIC of India (1995), the Supreme Court again confirmed the Preamble's integral role, clarifying that it is justiciable.

Legal Enforceability and Justiciability of the Preamble

The enforceability and justiciability of the Preamble are crucial aspects of its role in constitutional interpretation. For instance, in the United States, the Supremacy Clause in the Constitution transfers sovereignty from the states to the federal government, thereby emphasizing the importance of the Preamble in establishing the supreme nature of the Constitution.