The word pre means before and the word amble means to walk slowly. Thus,
Preamble means a slow walk or rather a preface of what one is about to read. It
is like a preliminary statement or an introduction to the statute. Preamble contains
the main aims and objectives of a statute and enlightens one on what the
statute is all about.
Sometimes interpreting statutes is rather difficult and therefore it
becomes necessary for some aid or assistance and in such situations the
preamble is one of the aids which is found within the statute that helps in
ascertaining the purpose or the objectives of certain provisions. This kind of
aid is known as internal aid while interpreting statutes.
In case any provision or language within a statute is unclear then the
preamble can be used for interpreting and making it clear. Though preamble does
not control any provision but it can be referred for clarity of any provision
within the statute. Also, when there are various interpretations possible while
reading a statute then the preamble can aid in coming to a single conclusion.
Apart from preamble to the Constitution of India one can find preamble
in the older laws such as Indian Penal Code, The Indian Evidence Act, The
Transfer of Property Act etc. Generally, it is seen that the recent statues do
not have a preamble. Having a preamble in a statute is not compulsory and hence
every statute may not have a preamble.
The Preamble to the Constitution of India sets out the ideals that the makers of the Constitution aimed to achieve. The Court may look into the words of the Preamble to the Constitution of India whenever there arises any doubt while interpreting any provision of the Constitution. At the same time when the provisions of the Constitution are unambiguous then the words in the Preamble cannot be sought to cut down any enactment.
Was the Preamble amended anytime? The words Secular and Socialist were inserted in the Preamble by the Forty Second Amendment. Yes, the Preamble has been amended.
