preamble as an aid to interpretation
Introduction:-
The Preamble to an act is the lodestar and guides those who find themselves in a grey dealing with its provision. According to the canons of statutory interpretation, the proper function of a Preamble is to explain certain facts which are necessary to be explained before the enactments contained in the Act can be understood. In short it contains a recital of the facts or state of the law for which it is proposed to legislate by the statute, the object and policy of the legislation and evils or inconveniences it seeks to remedy1. But though it is a recital of some inconveniences, it does not exclude others, for which remedy is given by the enacting parts of the statute. Hence, where the language of the enacting section is clear and unambiguous, the terms of the Preamble cannot qualify or cut down the enactment.
The preamble being a part of the statute can be read along with the other provisions of the act to find out the meaning of the words in the enacting provisions as to decide whether they are clear or ambiguous. The preamble is expected to express the scope, object and purpose of the statute, remedying the sought out evils of that statute.
Hence the court may look into the object as recited in the Preamble when a doubt arises in its mind as to whether the narrower or the liberal interpretation ought to be placed on the language used in an enacting provision of the Constitution, which is capable of bearing both the meanings2. The preamble provides a key to unlock and explore the spirit of an act. Without it, a proper appreciation of the objectives and values that find place in our Constitution seems a remote possibility. Therefore, it is essential to turn to the various expressions contained in the Preamble for a better understanding and interpretation of the Indian Constitution.
In sum, the Preamble shows the general purpose behind the several provisions of the Constitution but, nevertheless, it is never regarded as a source of any substantive
The Preamble to an act is the lodestar and guides those who find themselves in a grey dealing with its provision. According to the canons of statutory interpretation, the proper function of a Preamble is to explain certain facts which are necessary to be explained before the enactments contained in the Act can be understood. In short it contains a recital of the facts or state of the law for which it is proposed to legislate by the statute, the object and policy of the legislation and evils or inconveniences it seeks to remedy1. But though it is a recital of some inconveniences, it does not exclude others, for which remedy is given by the enacting parts of the statute. Hence, where the language of the enacting section is clear and unambiguous, the terms of the Preamble cannot qualify or cut down the enactment.
The preamble being a part of the statute can be read along with the other provisions of the act to find out the meaning of the words in the enacting provisions as to decide whether they are clear or ambiguous. The preamble is expected to express the scope, object and purpose of the statute, remedying the sought out evils of that statute.
Hence the court may look into the object as recited in the Preamble when a doubt arises in its mind as to whether the narrower or the liberal interpretation ought to be placed on the language used in an enacting provision of the Constitution, which is capable of bearing both the meanings2. The preamble provides a key to unlock and explore the spirit of an act. Without it, a proper appreciation of the objectives and values that find place in our Constitution seems a remote possibility. Therefore, it is essential to turn to the various expressions contained in the Preamble for a better understanding and interpretation of the Indian Constitution.
In sum, the Preamble shows the general purpose behind the several provisions of the Constitution but, nevertheless, it is never regarded as a source of any substantive