Preamble

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC REPUBLIC and to secure to all its Citizens:
JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

The Constitution (42nd Amendment) Act 1976 introduced the words — socialist, secular and integrity- into the Preamble. A committee under the chairmanship of Sardar Swaran Singh recommended that this amendment be enacted.

Ques. 1 : “Preamble is a Microcosm of the Constitution and is a key to the Constitution”. Discuss the statement with various Supreme Court Judgements?

Ans. Preamble contains the essence of the Constitution- its values and goals. It is a microcosm of the Constitution and has the following significance

·         It categorically says that people of the country are sovereign

·         It has the ‘basic features’ of the Constitution

·         If there is any lack of clarity in the Constitution, the judiciary turns to the Preamble in its interpretation of the relevant provisions

The Supreme Court, in the Berubari case (1960) ruled that Preamble is not a part of the Constitution but in the Keshavananda Bharati case in 1973 reversed its earlier verdict and ruled that Preamble is a part of the Constitution. However, Preamble is not enforceable.

According to the Supreme Court, In the Keshavananda Bharati case, Preamble can not be amended. Amendment, when it means abridgement, is not allowed. That is, Preamble can be enriched but not restricted.

Ques. 2 : Bring out the ‘Preambular Values” of the Indian Constitution?
Ans.

Sovereignty

Sovereignty is a characteristic of government. It means that there is no authority above the government either outside or inside the country. Government itself is the choice of the people expressed through periodical elections.

It is the modern notion of supreme political authority within a territory. According to the Preamble of the Constitution, people of India are sovereign. That is, Preamble establishes popular sovereignty which means that no law or rule is legitimate unless it rests directly/or indirectly on the consent of the people. All modern democracies are based on popular sovereignty. According to some constitutional experts, the word ‘people’ in the Preamble means representatives of the people in the Parliament and thus implies parliamentary sovereignty in an indirect democracy like ours. However, Indian parliament is not sovereign as ours is a federal country where the powers of Parliament are restricted and shared with the states. Indian parliament is not sovereign also for the reason that the laws it makes are subject to the provisions of the Constitution. Whether the laws made by the Parliament are constitutionally compatible or not is ruled by the judiciary.

Supreme Court, by virtue of its powers to uphold the Constitution, imposed limitations on the powers of the Parliament to amend the Constitution in the form of ‘basic features’ (Keshavananda Bharati case 1973) in which the Court held that Parliament could amend any part of the Indian Constitution except the basic features. Thus, Indian Parliament is not sovereign but is supreme.

Ques. 3 : “the objective of ‘socialism’ is no more relevant and hence should dropped from the Preamble”. Do you agree?

Ans. The word ‘socialist’ was added to the Preamble by the 42nd Amendment Act in 1976. Socialism means ownership of productive forces by the Government so that they benefit people equitably. Private ownership can deepen inequalities and create and perpetuate divisions. Public ownership and control can reduce the disparities and ensure equitable enjoyment of resources. That is, disparities in socialist society are not as steep as they are in market societies. Distributive justice is a part of the socialist societies.

Since 1991, there is a new direction to Indian economic system towards greater role for markets in economic development and retreat of state. It has triggered a debate as to whether the Constitutional goal of socialism is being implemented or not. However, the basis for the new economic policy centered around liberalization of economy is to generate wealth which in turn can be distributed to all sections. Markets have proven their value as wealth generators. Government continues to play an active role in social security and distributive justice.

Thus, while India continues to strive for the Preambular value of socialism, the method of achieving the goal is modified towards market forces playing a greater role in the economy.

Ques. 4 : Discuss the other ideas of the Preamble of our constitution.

Ans. Secularism means separation of religion from politics. Religion is private while politics is public. That is one explanation. Another perspective is that if religion and politics are mixed, it may create social tensions and disturb democracy.

Also, in a multi-religious society like India, democracy necessarily means secularism, pluralism being the essence of democracy with all religions being given equal right to exist. Secularism means equi-distance of the State towards all religions- State should not show discrimination either positive or negative towards any one religion. All individuals have the right to follow religion of their choice while respecting the same right of others.

Democracy

Democracy means rule by people. Effectively, it is the adult population which constitutes the electorate- based on universal adult franchise- that is the foundation for democracy. Periodical elections are held to constitute parliament to govern the country. Democracy is pluralism. Plurality of opinions, parties, ideologies, languages, religions and cultures coexist and flourish without any discrimination. Other important features of democracy are rule of law, independent judiciary, individual rights and so on.

Republic

Republic is a political order in which the supreme power lies in a body of citizens. Will of people is the basis for governance. Public offices are thrown open to all citizens It also means a country where the Head of State is elected and is not a hereditary institution like the monarchy in Britain. Republican values, like democratic values are aimed at empowering the citizen.

Justice

Justice is a concept involving the fair and moral treatment of all persons, both in the formulation and enforcement of law. It is often seen as the effort to define and do what is “right.” It involves reward for doing right and punishment for deviating from it. Preamble speaks of social, political and economic justice. Social justice means the whole society should progress without some sections falling behind and exploited. It is inclusive growth. Equal treatment for all people independent of gender, caste, religion, language or any form of ethnicity is a part of social justice. Social protection programmes are initiated by the Government and corporate agencies and NGOs to ensure that the weak and impoverished are uplifted and, at any rate, are not allowed to become weaker.

Similarly, economic justice means ensuring that growth benefits all by alleviating poverty and generating jobs. If growth does not positively impact on all, the government takes up distributive justice programmes to supply essential goods at affordable prices and so on.

Political justice means all citizens are given the right to vote and stand for political office except those who are not adults or below the age prescribed for the office and are not mentally sound or barred for violation of law.

Liberty

Liberty is derived from the Latin word ‘liber, which means freedom from slavery, imprisonment etc. It was one of the goals of the French revolution along with equality and fraternity. It is the essence of democracy. Liberties are always associated with reasonable restrictions. Liberty of thought, belief, faith and expression are essential to the development of the individual and the society.

Equality

Equality of status means equal treatment under law, independent of one’s status. For example, caste, gender, property and so on can not be basis for conferment or denial of duties, rights and privileges. Equality of opportunity is a refinement over the basic concept in that it seeks to empower the marginalized sections with additional rights and government policies. The basis of the concept of equality of opportunity is that formal equality does not in reality benefit all equally. The vulnerable sections of society need additional protection and preference in education and employment. For example, affirmative action as contained in Art. 15 and Art. 16 in favour of the SC/ST and the OBCs.

Fraternity

Fraternity means common brotherhood of all Indians. It asserts that social divisions will be removed and integration achieved as emotional integration is the goal of national integration. One common citizenship, the feeling of ‘being Indian first’ is the nature of fraternity.

Importance of Preamble

The Preamble is a part of the Constitution as ruled by the Supreme Court in the Keshavananda Bharti case (1973) but is in itself not enforceable. Its primary utility lies in assist in clarify the essential character of the Constitution to judiciary in case of ambiguity in the Constitution. For example, cases are pending in various High Courts and the Supreme Court whether India’s accession to the World Trade Organization (WTO) is compatible with the objective of socialism. Judiciary may rule on the question taking assistance from, the Preamble in this regard.

The Supreme Court ruled that Preamble is a part of the basic framework of the Constitution and can not be amended. Amendment, when it means abridgement, is not allowed. That is, Preamble can be enriched but not restricted.