Saturday, June 13, 2020

PREAMBLE TO THE INDIAN CONSTITUTION

This is the content of the Preamble of Indian Constitution.
“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 26th day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”

Firstly, it gives utmost importance to the people of India
  • It begins with the words “We the people of India”, instead of members of Constituent Assembly or the Drafting Committee.
  • It clearly mentions that “We the people of India have resolved what the nature of the Indian State should be, what its goals are.
  • It simply means that the Preamble is giving more importance to the people of India and the popular sovereignty. The constitution is written and adopted by the people for themselves.
  • It is the first step towards democracy. A constitution by the people, for the people, of the people.
  • All the important rights of the people are drawn from the Preamble itself.
Secondly, it defines the nature of Indian state:
  • SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC. Please notice that you don’t see a comma between these five important features of Indian state.
  • This has its own importance. It implies that India cannot get away with being one or few, neglecting any one or few. India must have all the five ingredients. It also suggests that they are complimentary to each other. That is often not noticed.
Thirdly, it wants to secure to all its citizens certain goals:
  • These are Justice, Liberty, Equality and Fraternity.
  • Preamble of Indian constitution gives Justice the highest place, above the other stated goals of liberty, equality and fraternity. And the makers of the Indian constitution make it clear, the kind of justice they were aiming at.
  • It has been pointed out that the priority given to the concept of justice as compared to liberty, equality and fraternity and to social and economic as compared to political justice was deliberative.
  • The order of the words indicates that the concept of social and economic justice was perhaps considered ‘the most fundamental norm’ of the constitution of India. [1]
  • This order is also in confirmation with Aristotelian scheme of development of man from a social animal to political animal.
  • Dr. B.R. Ambedkar in his concluding speech in the Assembly stated that “Political democracy cannot last unless there lies at the base of it social democracy. What does social democracy mean? It means a way of life, which recognizes liberty, equality and fraternity, which are not to be treated as separate items in a trinity.”[2]
  • In totality, Justice is recognized within the substantial context and not the procedural one.
  • Equality: It gives importance to equality of status and opportunity. This is an important element that most governments and their policies go on missing. Without providing equal opportunities in the fields of livelihood, education, it is impossible to achieve equality of status.
  • The principle of Secularism is embedded in the goal of Liberty itself. It also can be implicitly understood through the goals of Fraternity and Equality. Therefore, Secularism was always an important part of the constitution even without the use of the word.
  • Similarly, the principle of Socialism, can also be depicted through the goals of Justice, Equality and Fraternity.
  • The other parts of the Preamble are easier to understand. So, I am not explaining further.
Lastly, it gives the date of enactment of the Constitution.

[1] Basu, D.D. Introduction to the Constitution of India, 18th Edition, p 24.
[2] Kashyap, Subhash C., ‘The Framing of the Constitution and the Process of Institution Building’, in b.N. Pandey, general editor, A Centenary history of the Indian National Congress: Vol. IV 1947-1964, editor, Iqbal Narain, New Delhi, 1990, p. 85.

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