Questions
How does the Preamble of the Indian Constitution reflect the foundational principles enshrined in the Directive Principles of State Policy, and what implications does this linkage have on contemporary governance?
Analyze the connection between the Preamble’s commitment to justice, liberty, equality, and fraternity and their manifestation in key constitutional provisions such as Fundamental Rights and Fundamental Duties.
Explore the role of the Preamble in interpreting and resolving conflicts between fundamental rights, especially in the context of evolving societal norms and values.
Assess the impact of technological advancements on the interpretation of the Preamble’s commitment to securing justice, liberty, and equality, and its relevance to issues like privacy and digital rights.
Examine how the Preamble serves as a guiding principle for constitutional amendments, particularly in light of debates surrounding changes to the basic structure of the Constitution.
Investigate the relationship between the Preamble and the principles of federalism, evaluating how it influences the distribution of powers between the center and the states.
Analyze the role of the Preamble in shaping environmental jurisprudence and its connection to the constitutional mandate of securing justice, liberty, and equality for future generations.
Explore the Preamble’s significance in the context of social justice and affirmative action policies, examining how it informs the constitutional framework for reservations and inclusive governance.
Evaluate the evolving interpretation of the Preamble in the context of global human rights discourse and its impact on India’s stance on international treaties and conventions.
Examine the intersection of the Preamble’s ideals with contemporary issues such as climate change, artificial intelligence, and bioethics, and analyze how constitutional principles guide policymaking in these domains.
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
Amendment
- can be amended by Special Majority under Article 368
- but don’t violate Basic Structure Doctrine
- amended only once
- 42nd CAA 1976
- added three words: socialist, secular and integrity
Intro is based on American consti.
- preface
- highlights most imp values
- ideal
- philosophy of authors
- summary of law Consti drafted on basis of objectives resolution (tabled in 1946)
Significance
- source of power (the citizen)
- nature of indian state
- objective of consti
- summary of consti
- insight into philosophy of authors
- mindset of consti makers
Very Detailed
We the ppl
- written by people
- indians free to choose their destiny and hold ultimate source of power
- consti not imposed by external force; rather a gift by indian citizens to themselves
Nature of indian state
- original SDR
- socialist, secular added later (42^nd^ CA 1976)
- republic - real power with citizens
Direct/ representative system
- Referendum - seek ppl opinion on imp matters
- Plebiscite - seek ppl opinion on matters of sovereignty and independence
- Citizen’s initiative - citizens can initiate a move to introduce a law
- Recall - recall of elected candidate
Aspects of democracy
- Political - equal voting and political rights
- Economic - equal opportunities to progress economically. No discrimination based on economic status
- Social - all sections of society must be equal in social sphere; no discrimation based on social lev
Challenges to indian democracy
- policies of govt influenced by corp, industrialist
- compromised independence of media
- money and musclepower in election
- lack of equal opportunity to participate in political process
- politics revolve around economic power
- lack of internal party democracy
Sovereign
free from external control
Internal
- power to take internal decisions
- complete sovereignty is a myth
- policies regulated acc to intl norms/bodies
- WTO, IMF etc
- eg. decision to open indian economy guided by IMF
External
- diplomatic and foreign relations
- freedom to be part of multilateral group or the way it should vote at intl forums
Socialist
- capitalist - market forces at play; state only regulator
- communist - no private ownership
Socialist falls in between
- state controls majority production
- private sector had small role to play earlier
Post 1991, major retreat of State ⇒ increased role of private sector
Initially not mentioned in consti as makers didn’t want to tie down future generations to specific eco system.
After 1991, role of private sector increased. Socialist no longer applies to india in original context.
SC stated socialism should be seen differently. State should take measures promoting welfare of citizens and prevent concentration of economic resources.
Seculaism
- State shall not discriminate against any religion
- no religion of state
- right to choose faith
- state may interfere for purpose of social welfare and reform
- state shall try to prevent inter and intra religion domination
India wants to interfere in religious matters to end social evils. Indians free to choose their faith. Protection given to minorities. India is multireligious, came up with its own definition of secularism.
To achieve a peaceful coexistence of various communities
French secularism
- extreme
- Laicit
- public officials prohibited from showing religious values, beliefs
- private discouraged
- 2004, students banned from wearing overt signs/symbols to school
- works only for homogenous society
- isolation of religious minority
Objectives of Constitution
Equality
- no discrimination
Justice
- important for other objectives
Social Justice
- absence of social classes and privileges
- absence of discrimination based on RRCS
- addresses historic injustice by making special provisions for weak and downtrodden
- idea of redistribution of wealth and preventing concentration of wealth
Political Justice
- equal opportunity for all to participate in political process
- granting equal political right to all
- Art 326 - voting rights
Equality of status, opportunity
- equality → subset of justice
- status - natural equality b/w all persons as free and equal citizens of india
- opportunity - treat equally AND give level playing field to improve status
Liberty of thought and expression
- liberty = freedom with certain degree of restraint
- restraints should not be arbitrary
- imp to protect everyone’s liberty
- everyone has opportunity to grow to maximum possible extent
- Liberty of thought and expression is cornerstone to any democratic society
- Art 19(1)(A) - freedom of speech and expression in limited way
- liberty of faith, belief and worship
Fraternity
- oneness and spirit of brotherhood
- common feeling of belonging to one nation
- coexist peacefully
- indian identity > religious, linguistic, community identity
- no explicit provision; reflected in spirit of consti
Dignity
- inherent respect a person deserves
- supreme value in our freedom struggle
- struggle aimed at claiming back our dignity
- Art 17, 23
Unity and integrity
- crucial for protecting above values
- rights guaranteed only if nation exists
- main theme of constitution is that individual exists because of nation and vice verse
- integrity added with socialist and secular (42^nd^ CAA, 1976)
Preamble part of constitution?
- Re: Berubari Union Case - not part of constitution, can’t be amended under Art 368
- Keshavananda Bharti Case, 1973 - Preamble part of constitution. Can be amended.
- Amendment must not alter basic structure of consti
Legal enforceability
- Keshavananda Bharti Case - not legally enforceable
- useful for understanding meaning of ambiguous provisions
- legal utility