Basic values in the preamble
- “We, the People” is the first and foremost value of the Constitution of India. The whole edifice is for the people, made up of ‘We’ – not the individual.
- The words ‘We the people……’ were not merely empty rhetoric; they were earnestly inscribed to recognize and respect India’s political sovereign – the people.
- The highest rank of a person in a democratic country is to be its citizen.
- The words “We the people signify not only the moral and historical insight of founding fathers but they serve to reaffirm they are the source of all constitutional authority and that the test of governance is to be measured with people’s well-being.
SOVEREIGNTY: TOTAL AND ETERNAL POWER OF COMMANDING
- A State is ‘Sovereign’ where there resides within itself a supreme and absolute power acknowledging no superior.
- By declaring India as a sovereign entity, the Preamble emphasizes that India is independent and is free to determine for herself without any external interference. There is none within her to challenge her authority.
- Sovereignty is one of the most important values of a State. If a State cannot freely determine what it wants and how to achieve it, it loses the rationale to exist.
- It gives the State and its people the dignity of existence.
- Sovereignty is an essential attribute to make a nation member of international comity of nations. Therefore, the government is duty bound to defend its sovereignty by preventing any kind of threat to it coming from any entity and any direction.
- Though our Constitution does not explicitly specify where the sovereign authority lies but by mentioning the source of our Constitution as ‘We, the people of India’ it states that the ultimate sovereignty rests with the people of India as a whole.
- Thus, the Constitutional authorities and organs of government derive their power only from the people.
- Therefore, our political system should ensure the support and approval of people to it.
- Article-51A(c), on the other hand, says that it shall be the duty of every citizen to uphold and protect the sovereignty, unity and integrity of India.
Does globalization compromise the sovereignty of a nation?
- It has to be realized that sovereignty is legal fiction. In practice, it is often compromised. However, the view that globalization dilutes sovereignty needs to be revisited.
- Globalization is not a dilution of sovereignty, but a modification of the manner in which sovereignty is exercised.
- Globalization requires a more responsible use of sovereignty.
- The Government of India continues to ensure its strategic autonomy in international sphere and is vigilant in protecting the interests of the people of India.
SOCIALISM: END IS TO BE EGALITARIAN, MEANS MAY DIFFER
- Socialism was inserted by 42nd Amendment Act of the Constitution in 1976.
Why 1976 and not 1950?
- The definition of socialism was synonymous with the pattern of economy in the erstwhile USSR. So a explicit definition in 1950 would have made us what USSR was following.
- However the understanding of the founding father was much matured because of collective wisdom and they categorically left out its explicit provisioning in the Preamble.
- By the word socialism the Constitution means the achievement of socialistic ends through democratic means i.e. ‘democratic socialism’.
- According to the Supreme Court, the principal aim of socialism is to eliminate inequality of income and standards of life and to provide decent standard of life to working people. Democratic socialism aims to end poverty, inequality of income, disease and to provide a decent standard of life to working people. Socialist concept of society should be implemented in the true spirit of the constitution.
- In Samantha vs. State of Andhra Pradesh the Supreme Court has stated while defining socialism “Establishment of the Egalitarian social Order through the rule of law is the basic structure of the constitution”.
- Justice Chief Justice K. G. Balakrishnan said: “Why do you define socialism in the narrower sense as the communists do? … Why don’t you go by the broader definition, which mandates the state to ensure social welfare measures for all the citizens as a facet of democracy?”
SECULARISM - SARVA DHARMA SAMA BHAVA
- The aim to insert the word “secular” by the Constitution (42nd Amendment) Act, 1976, was to explain that the state does not recognize any religion as a state religion and that it treats all religions equally, and with equal respect, without, in any manner, interfering with their individual rights of religion, faith or worship.
- Secular means ‘view of life’ or of any particular matter based on premise that religious considerations should be ignored or purposefully excluded or as a system of social ethics based upon doctrine that ethical standards and conduct be determined exclusively without reference to religion.
- By proclaiming India as a secular State, the Constitution means that India is neutral in religious matters and treats all religions impartially.
- The Constitution ensures that the State does not have any religion of its own. India is neither religious, nor irreligious nor anti-religious, but is only non-religious.
- It is wholly detached from religious dogmas and activities and is neutral in religious matters.
- However, as the Supreme Court stated, although the words ‘secular state’ was not expressly mentioned in the Constitution, there can be no doubt that Constitution-makers wanted to establish such a state and accordingly Articles 25 to 28 (guaranteeing the fundamental right to freedom of religion) have been included in the constitution.
- All secular states have one thing in common, they are neither theocratic nor do they establish a religion. Further, the two models of Secularism are considered as:-
- Western model (best represented by America) Indian model of Secularism
SECULARISM - SARVA DHARMA SAMA BHAVA
Western Secularism | Indian Secularism |
Negative concept as religion is a private affair | Positive concept – State is neutral – same status and support from the state to all religion |
Strict non-interference of religion in politics | Politics intervenes in religion without discrimination among them |
State treats religion with complete indifference | Religious reforms initiated by state |
Uniform Civil Code | Personal laws based on religious belief and faith |
Supreme Court Case | Ruling on Secularism |
S.R Bommai Case | It is very much embedded in our constitutional philosophy |
Aruna Roy Case | It has a positive meaning that is developing, understanding and respect towards different religions |
I.R Coelho Case | It is a matter of conclusion to be drawn from various Articles conferring Fundamental Rights |
Valsamma Paul Case | inter-caste marriages and adoption were two important social institutions through which “secularism” would find its fruitful and solid base for an egalitarian social order under the Constitution |
DEMOCRACY: MAN AS MASTER OF HIS DESTINY
- ‘Democracy’ is associated with the freedom of choice of the people.
- It is a method of government by discussion and persuasion. Everyone’s opinion matters.
- The term democratic indicates that the Constitution has established a form of government which gets its authority from the will of the people expressed in an election.
- The democratic set up that is being followed in India is called ‘Representative Democracy’ because the people choose their representatives who carry on the government.
- The ideal of a democratic republic enshrined in the Preamble has been best secured by the Constitution by the adoption of universal adult suffrage.
- The term democracy as used in the Preamble not only means political democracy, but also social and economic democracy.
- In fact, political democracy serves to achieve social and economic democracy.
- Nehru said, “Democracy has been spoken of chiefly in the past, as political democracy, roughly represented by every person having a vote. But a vote by itself does not represent very much to a person who is down and out, by itself, is not enough except that it may be used to obtain a gradually increasing measure of economic democracy, equality and the spread of good things of life to others and removal of gross inequalities.”
REPUBLIC: POWER TO CHANGE THE FORTUNE AND FUTURE OF A NATION
- Republic means a State in which supreme power is held by the people and their elected representatives, and which has an elected or nominated President rather than a monarch.
- In India the head of the State is President and he is elected by the people for a fixed term of five years. The office of the head of the State is elective.
- This idea strengthens and substantiates democracy that every citizen of India after attaining a particular age is equally eligible to become the head of the state if he is elected as such. Political equality is its chief message.
OBJECTIVES OF THE PREAMBLE
Justice:
- Taken from Russian Revolution, it deals with fairness.
- Preamble talks about comprehensive justice that is social, economic and political justice.
- As observed by Pandit Nehru and Dr. Ambedkar political justice is of no consequence, unless a democracy assures social and economic justice.
- The ‘social and economic justice’ is sought to be provided by the Constitution as enshrined in the Preamble, mainly through the Directive Principles of State Policy.
- Political justice is provided by Fundamental rights and other provisions like Voting rights.
- According to Dr. B.R. Ambedkar, “social justice means a way of life which recognizes liberty, equality and fraternity which are not to be treated as separate items in a trinity”.
Liberty:
- Democracy cannot be established unless certain minimal rights which are essential for a free and civilized existence are assured to every member of the community.
- Therefore, the Preamble mentions these essential individual rights such as freedom of thought, expression, belief, faith and worship which are assured to every member of the community against all the authorities of States by Part-Ill of the Constitution.
Equality:
- Equality substantiates democracy and justice.
- Without equality, weaker individuals would not be able to avail the freedoms granted by State.
- Our Constitution assures equality of status (background) and opportunity (Future) to every citizen for the development of the best in him.
- Every citizen of India is entitled to equality before law and equal protection of law. Inequality in all forms present in our social structure has been prohibited.
- Many provisions assuring equality to all individuals irrespective of their religion, race, caste, sex or place of birth, etc. have been guaranteed.
- Also the provision of affirmative action has been made to bring everybody on par.
The preamble secures of all citizens' equality of status and opportunity. The provision of equality embraces its three dimensions- Civic, Political and Economic which are enshrined in a different part of the Indian Constitution
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Civic equality |
Political equality |
Economic equality |
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The negative concept as religion is a |
No person is to be declared ineligible for inclusion in electoral rolls on the grounds of religion, race, caste or sex (Art. 325). Elections to the Lok Sabha and the state assemblies are to be conducted on the basis of adult suffrage (Art. 326). |
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private affair |
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Equality before Law (Art. 14) |
The Directive Principles (Art. |
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Prohibition of discrimination on grounds of |
39) secure to men and |
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religion, race, caste, sex or place of birth |
women equal right to an |
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(Art. 15) |
adequate means of |
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Equality of Opportunity in matters of public |
livelihood and equal pay for |
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employment (Art. 16) |
equal work. |
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Abolition of Untouchability (Art. 17) |
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Abolition of titles (Art. 18) |
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Fraternity:
- Fraternity stands for the spirit of common brotherhood.
- It is a feeling that all citizens feel that they are all children of the same soil.
- In the absence of that, a plural society like India stands divided. Therefore, to give meaning to all the ideals like justice, liberty and equality our Constitution gives ample stress on fraternity.
- This has been a foremost objective to achieve in a country composed of so many races, religions, languages and cultures.
- Article-51A (e) therefore, declares it as a duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities. Article 51A (f) further asks each citizen to value and preserve the rich heritage of our composite culture.
- However, it is believed that, Fraternity will be achieved not only by abolishing untouchability amongst the different sects of the same community but by abolishing all communal or sectional or even local or provincial anti-social feelings which stand in the way of unity of India.
- Unity and Integrity are related to the territorial concept of the nation. Its logical to extend the understanding of the Constituent Assembly that only when an individual is strengthened, a country is strengthened. Hence dignity of individual precedes unity and integrity of nation.
Dignity of the individual:
- Dignity is the foundation of all other universal values. Dignity gives birth to equality, freedom and justice, the other universal values enshrined in the preamble of the Indian Constitution.
- Unless and until dignity of an individual is not recognized, due rights of an individual including liberty and equality would not be secured from the State and society. The constitution ensures it by:
- Part-IV which ensure the development of the quality of life to all sections of people.
- Acknowledges that all citizens, men and women equally, have the right to, an adequate means of livelihood (Art.-39 A) and just and humane conditions of work (Art.-42).
- Abolishing practice of untouchability by declaring it as a punishable offence. Directing the State to take steps to put an end to exploitation and poverty.
Unity and integrity of the Nation:
- To maintain the independence of the country intact and enduring, unity and integrity of the nation is very essential. Therefore, the stress has been given on the ideal of fraternity which would foster unity amongst the inhabitants. Without a spirit of brotherhood amongst the people the ideals of unity and integration of people and nation seem unattainable.
- Our Constitution expects from all the citizens of India to uphold and protect the unity and integrity of India as a matter of duty.
Practice Questions
- What are the major commitments of the Constitution of Indian as incorporated in its preamble?
- Discuss each adjective attached to the word ‘Republic’ in the ‘Preamble’. Are they defendable in the present circumstances?
- The Preamble to the Constitution is aimed to embody the fundamental values and the philosophy on which the Constitution is Elucidate.
- What is the significance of a preamble to a constitution? Bring out the philosophy of the Indian polity as enshrined in the Preamble of the Indian
