The Preamble of the Indian Constitution

Meaning:

India is an independent state with supreme power to conduct its own affairs, both internal and external, without any external interference.

Implications:

• India is neither a dependency nor a dominion of any other nation.
• It is free to conduct its foreign policy and join any international organization.
• Its membership of the Commonwealth of Nations or the United Nations does not curtail its sovereignty.

Contemporary Challenges/Debates:

• Globalization: Debates on whether signing international treaties (e.g., WTO, climate agreements) or abiding by international legal norms (e.g., ICJ rulings) dilutes national sovereignty.
• External Debt/IMF Conditionalities: Financial dependence or conditionalities imposed by international financial institutions can sometimes be perceived as constraints on economic sovereignty.
• Cross-border terrorism/Cyber warfare: These pose challenges to the traditional notion of state sovereignty and internal security.

Meaning:

The word 'Socialist' was added to the Preamble by the 42nd Constitutional Amendment Act of 1976.

Indian Brand of Socialism (Democratic Socialism):

• The Indian version is a 'democratic socialism', not a 'communistic socialism' (which involves nationalization of all means of production and distribution, and abolition of private property).
• Indian socialism aims to end poverty, ignorance, disease, and inequality of opportunity.
• It's a blend of Marxism and Gandhism, with a strong bias towards Gandhian socialism (e.g., emphasis on village industries, social harmony).
• It advocates a mixed economy, where both public and private sectors coexist, aiming for social welfare and economic justice.

Evolution:

Though added in 1976, the spirit of socialism was already present in the Constitution through the Directive Principles of State Policy (DPSPs) (e.g., Article 38, 39, 41, 42).

Meaning:

The word 'Secular' was added to the Preamble by the 42nd Constitutional Amendment Act of 1976.

Indian Concept of Secularism (Positive Secularism):

• Unlike the Western concept of 'negative secularism' (strict separation of state and religion), the Indian model signifies 'positive secularism'.
• This means the state is neutral towards all religions (Sarva Dharma Sambhava) and provides equal respect and support to all religions.
• It implies that the state can intervene in religious matters to promote social reform (e.g., outlawing Sati, opening temples to all castes).

Constitutional Provisions embodying Secularism:

• Preamble: Liberty of belief, faith, and worship.
• Article 14: Equality before law.
• Article 15: Prohibition of discrimination on grounds of religion.
• Article 16: Equality of opportunity in public employment regardless of religion.
• Article 25-28: Freedom of religion, freedom to manage religious affairs, freedom from taxation for promotion of any religion, freedom from religious instruction in state-funded institutions.

Debates/Challenges:

• State intervention vs. religious freedom: Debates often arise when the state intervenes in personal laws or religious practices (e.g., Uniform Civil Code debates, Sabarimala judgment).
• Communalism: Challenges to secularism often come from communal politics, where religious identity is prioritized over national identity.

Meaning:

The Preamble states that India is a democratic polity. This means the people of India hold supreme power and exercise it directly or indirectly through elected representatives.

Types:

• Direct Democracy: Where people directly exercise their supreme power (e.g., Switzerland). Instruments include: Referendum, Initiative, Recall, Plebiscite.
• Indirect Democracy (Representative Democracy): Where people elect representatives to govern them. India has an indirect/representative democracy.

Manifestations in Indian Constitution:

• Universal Adult Franchise: All citizens above 18 have the right to vote.
• Periodic Elections: Regular elections to Lok Sabha and State Legislative Assemblies.
• Rule of Law: Government by law, not by men.
• Fundamental Rights: Guarantee political liberties.
• Independent Judiciary: Ensures fair interpretation and enforcement of laws.
• Accountability: Executive responsible to the legislature.

Meaning:

A democratic polity can be classified into two categories: monarchy or republic. India is a Republic.

• In a Republic, the head of the state is elected (directly or indirectly) for a fixed term. (e.g., President of India).
• In a Monarchy, the head of the state holds a hereditary position (e.g., King/Queen in UK).

Implications:

• Elected Head: The President of India is indirectly elected for a fixed term of 5 years.
• Absence of Hereditary Ruler: No privileged class or hereditary rule.
• Political Sovereignty in People: All public offices are open to every citizen without any discrimination.

Meaning:

The Preamble secures to all citizens Justice – social, economic, and political. This means the absence of privileges and the promotion of equality and fairness in society.

• Social Justice: Equal treatment of all citizens without any discrimination based on caste, colour, race, religion, sex, etc. Aims to abolish exploitation and reduce inequalities.
• Economic Justice: Non-discrimination between people on the basis of economic factors. Aims to bridge the gap between rich and poor, ensuring equitable distribution of wealth.
• Political Justice: All citizens should have equal political rights, equal access to all political offices, and equal voice in the government.

Instruments:

• Fundamental Rights (FRs): Articles like 14, 15, 16, 17 (prohibiting discrimination, untouchability) ensure social and political justice.
• Directive Principles of State Policy (DPSPs): Articles like 38, 39, 41, 42, 43 aim to achieve economic justice and a welfare state through policies like equal pay for equal work, adequate means of livelihood, social security.

Meaning:

The Preamble secures to all citizens Liberty of thought, expression, belief, faith, and worship. This implies the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities.

Scope:

These liberties are primarily guaranteed by the Fundamental Rights (e.g., Article 19 - freedom of speech and expression; Article 25-28 - freedom of religion).

Limitations:

The liberties are not absolute. They are subject to reasonable restrictions imposed by the state (as specified in Articles like 19(2) for public order, morality, etc.) for the maintenance of public order, morality, health, and other public interests.

Meaning:

The Preamble secures to all citizens Equality of status and of opportunity. This means no special privileges to any section of society, and the provision of adequate opportunities for all individuals without discrimination.

Dimensions:

• Civil Equality: Guaranteed by Fundamental Rights like:
  • Article 14: Equality before law and equal protection of laws.
  • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
  • Article 16: Equality of opportunity in public employment.
  • Article 17: Abolition of untouchability.
  • Article 18: Abolition of titles.
• Political Equality:
  • No person to be declared ineligible for inclusion in electoral rolls on grounds of religion, race, caste or sex (Article 325).
  • Elections to the Lok Sabha and state assemblies on the basis of adult suffrage (Article 326).
• Economic Equality: Though not directly justiciable, DPSPs aim for economic equality (e.g., Articles 39, 39A).

Meaning:

The Preamble emphasizes Fraternity, which means a sense of brotherhood. It aims to assure two things: the dignity of the individual and the unity and integrity of the Nation.

• The word 'Integrity' was added by the 42nd Constitutional Amendment Act of 1976.

Significance:

Fraternity is crucial for national cohesion and ensuring a harmonious society.

Role of Single Citizenship:

The system of single citizenship (borrowed from British Constitution) promotes the feeling of one nation and brotherhood, as all citizens are citizens of India, not of individual states.

Role of Fundamental Duties (FDs):

Article 51A (e) states that it shall be the 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.