Vande Matram! Interpretation of Statute is very important skill which every law professional must possess. Hence it is incorporated in the degree course of law. Let’s discuss How preamble of an enactment is useful in interpretation of statute and its construction?
Preamble
Preamble is a recital to the intent of the legislature as it enumerates the mischief to be remedied. By a long catena of decisions, it is now well settled that preamble is not a part of enactment. In India, it is well settled in the field of constitutional law that the preamble to the Constitution of India and Directive Principles of State Policy are the guidelines for interpreting the constitutional provisions.
Whenever there is a reasonable doubt about the provisions in the statute, it is permissible to refer to the heading of the provision for interpreting the section.
The preamble of a statute like the long title is a part of the Act and is an admissible aid to construction. Although not an enacting part, the preamble is expected to express the scope, object and purpose of the Act more comprehensively than the long title. It may recite the ground and cause of making the statute, the evils sought to be remedied or the doubts which may be intended to be settled.
In the words of Sir John Nicholl, “It is to the preamble more specifically that we are to look for the reason or spirit of every statute, rehearsing this, as it ordinarily does, the evils sought to be remedied, or the doubts purported to be removed by the statute, and so evidencing, in the best and most satisfactory manner, the object or intention of the Legislature in making or passing the statute itself.
Preamble to constitution:
The Preamble of the Constitution like the Preamble of any statute furnishes the key to open the mind of the makers of the Constitution more so because the Constituent Assembly took great pains in formulating it so that it may reflect the essential features and basic objectives of the Constitution. The Preamble is a part of the Constitution. The Preamble embodies the fundamentals underlining the structure of the Constitution.
It was adopted by the Constituent Assembly after the entire Constitution has been adopted. The true functions of the Preamble is to expound the nature and extent and application of the powers actually confirmed by the Constitution and not substantially to create them.
The Constitution, including the Preamble, must be read as a whole and in case of doubt interpreted consistent with its basic structure to promote the great objectives stated in the preamble. But the Preamble can neither be regarded as the source of any substantive power nor as a source of any prohibition or limitation. The Preamble of a Constitution Amendment Act can be used to understand the object of the amendment.
The majority judgments in Keshavanand and Minerva Mills strongly relied upon the Preamble in reaching the conclusion that the power of amendment conferred by Article 368 was limited and did not enable Parliament to alter the basic structure or framework of the Constitution.
Judgments:
Burakar Coal Co. Ltd. v. Union of India, AIR 1961 SC
pp.954, 956, 957
In this case the Supreme Court observed: “It is one of the cardinal principles of construction that where the language of an Act is clear, the preamble may be resorted to explain it. Again, where very general language is used in an enactment which, it is clear must be intended to have a limited application, the preamble may be used to indicate to what particular instances, the enactment is intended to apply. We cannot, therefore, start with the preamble for construing the provisions of an Act, though we could be justified in resorting to it, nay, we will be required to do so, if we find that the language used by Parliament is ambiguous or is too general though in point of fact parliament intended that it should have a limited application.”
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