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.
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.
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.
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