Preamble for polity and PSIR optional

October 8, 2024October 8, 2024 deepanalysis

Preamble of the Constitution

Basics of Preamble
Components of Preamble
Key words in Preamble
1. Sovereign
  - Globalisation and sovereignty
2. Socialist
  - Liberalisation and socialist nature of state
3. Secular
  - Debate on deletion of word socialist and secular from Preamble.
4. Democratic
5. Republic
6. Justice
7. Liberty
8. Equality
9. Fraternity
Significance of Preamble
Debates related to Preamble
1. Preamble as a part of Constitution
2. Amendability of Preamble
Working of Preamble
1. Positives
2. Negatives
3. conclusion
Secularism

Preamble of the Constitution

The Preamble of the Indian Constitution serves as a preface or introduction, outlining the guiding purpose, principles, and philosophy of the document. It encapsulates the grand and noble vision of the Constituent Assembly, reflecting the dreams and aspirations of the founding fathers of the Constitution.

Basics of Preamble:

The ‘Objectives Resolution,’ drafted and introduced by Pandit Nehru on December 13, 1946, serves as the blueprint for the Preamble of the Indian Constitution.
Eminent jurist and constitutional expert A. Palkhivala referred to the Preamble as the ‘identity card of the Constitution.’
The American Constitution was the first to begin with a Preamble, a practice that many other countries, including India, subsequently adopted.
The Preamble neither serves as a source of legislative power nor imposes any restrictions on the legislature’s authority.
It is non-justiciable, meaning its provisions are not enforceable in courts of law. But it serves as a “guiding light” for judicial interpretation.

NOTE: The Preamble was enacted by the Constituent Assembly after the rest of the Constitution had been finalized, ensuring its alignment with the entire document.

Components of Preamble:

We, the People of India: It underscores that the constitution is crafted by and for the Indian populace. It highlights the principle of popular sovereignty, signifying that all power originates from the people, and the political system is answerable and beholden to them.
Nature of the Indian State: It declares India to be a sovereign, socialist, secular, democratic, and republican polity.
Objectives of the Constitution: It outlines justice, liberty, equality, and fraternity as its core objectives.
Date of adoption of the Constitution: It stipulates November 26, 1949, as the date.

Key Words in the Preamble:

Certain key terms such as Sovereign, Socialist, Secular, Democratic, Republic, Justice, Liberty, Equality, and Fraternity are elucidated as follows:

Sovereign:

The concept of sovereignty has its roots in the Peace of Westphalia of 1648.
It means independent authority of a state. It gives state the power to legislate on any subject and is not subject to any external obligations.
The term ‘sovereign’ implies that India is an independent state, allowing India to freely manage its own affairs, both internally and externally.
- Internally Sovereign– India embodies a free government directly elected by its people, empowered to enact laws that govern them. External powers have no authority to dictate the governance of India.
- Externally Sovereign– India is free from the control of any foreign power. It can either acquire a foreign territory or cede a part of its territory in favour of a foreign state.
Sovereignty not inconsistent with membership of commonwealth – In 1949, India’s extra constitutional declaration of the continuation of her full membership of the Commonwealth of Nations and accepting the British Crown as the head of the Commonwealth, became a matter of debate.
- This is an extra-legal declaration which is not mentioned in the Constitution.
- It is voluntary and indicates a free association and no obligation.
- As a member India has right to be represented on conferences but the decisions or treaties or declarations made during the conference will not be binding on her.

Thus, this voluntary association with commonwealth does not affect India’s sovereignty to any extent as it can cut off the association at any time.

Globalisation and Reducing Sovereignty

Globalisation can lead to a diminishing degree of control that individual nations have over their own affairs as:

· Economic Integration: Globalization involves liberalization of trade and investment, as well as the formation of regional economic blocs and international agreements (such as free trade agreements). It can limit a country’s ability to regulate its own economy and protect domestic industries due to obligations under these agreements.

· Transnational Corporations: Multinational corporations (MNCs) often operate across multiple countries with little regard for national borders. Their economic power and influence can sometimes surpass that of individual governments, leading to challenges for national sovereignty, especially in terms of regulatory control and taxation.

· Supranational Organizations: The rise of international organizations and institutions, such as the United Nations, World Trade Organization, International Monetary Fund, and World Bank, can exert influence over national policies and decision-making. Countries often voluntarily cede some degree of sovereignty by participating in these organizations and abiding by their rules and agreements.

· Information and Communication Technologies (ICTs): Advances in ICTs, particularly the internet and social media, have facilitated the rapid exchange of information and ideas across borders. It challenges the traditional notions of sovereignty by enabling the spread of information that may be deemed sensitive or threatening by governments.

Thus, nations must navigate this complex landscape by balancing the opportunities of globalization with the need to protect their autonomy and national interests.

Some international examples that illustrate the complexity of this power shift:

· Amazon in the Rainforest: In the Amazon Basin, where some governments hold limited sway, large corporations like agribusinesses sometimes step in, dictating land use practices and imposing their own standards for resource extraction. Such situations spotlight the governance concerns that can arise when corporations fill the role of the state.

· Oil Companies in Nigeria: Multinational oil companies operating in countries like Nigeria have historically faced allegations of influencing regional politics and exacerbating corruption, blurring the line between responsible corporate practice and interference in government affairs.

· Tech Giants and Tax Loopholes: Tech giants like Apple and Google have utilised their transnational structure to minimize tax burdens by channelling profits through low-tax jurisdictions. This exemplifies how MNCs can, on occasion, out manoeuvre the fiscal control traditionally exerted by nation-states.

Socialist:

Meaning of the term:
- The term socialist has not been defined in the constitution.
- In general connotation, it means a welfare state with absence of inequality and backwardness.
- According to Supreme Court, its principal aim is to eliminate inequality of income and status and standards of life and to provide decent standard of life to working people.
The term Socialist was added in Preamble by the 42nd Amendment in 1976.
- The aim was to emphasize socialism as a goal and philosophy of the Indian state.
- It was to highlight the aspirations of state to take up socio-economic interventions.
Was India a social state before 1976?
- The socialist content in the Indian Constitution was implicit even before in the form of certain Directive Principles of State Policy.
- The Congress party, as early as 1955 in its Avadi session, adopted a resolution to establish a ‘socialistic pattern of society’ and implemented measures accordingly.
- India after independence opted for planned development in the form of five-year plans. It highlighted the importance of state’s role in bringing socio-economic change.
- Indian philosophy since ancient times is based on welfare model of state, for example, Kautilya in his Arthashastra aims for establishing a welfare state.
Indian socialism is a ‘democratic socialism’ and not a ‘communistic socialism’.

Democratic Socialism

Communist Socialism (Marxian socialism)

· Democratic socialism holds faith in a ‘mixed economy’ where both public and private sectors co-exist side by side.

· Role of market is recognised.

· It aims to promote socio-economic equity and equality.

· Example- India

· Communist socialism involves the nationalisation of all means of production and distribution and the abolition of private property.

· Role of market is not allowed.

· It aims to create a stateless society.

· Example- Cuba, only country to adopt Marxian socialism.

As Supreme Court says, democratic socialism aims to eradicate poverty, ignorance, disease, and inequality of opportunity.
Indian socialism is a unique blend of Marxism and Gandhism, with a heavier inclination towards Gandhian socialism.
- As an economic philosophy- mixed economy
- As a social philosophy- societal equity and equality

Aspect	Gandhian socialism	Marxian socialism
Economic System	Small-scale industries, self-reliant villages	Abolition of private property, communal ownership
Means of Production	Trusteeship, ethical stewardship	Collective ownership
Role of State	Less state and more about self-governance	State-less
Ultimate Goal	Harmonious, egalitarian society through moral transformation	Classless, stateless, communist society

Liberalisation and the socialist nature of state

The economic liberalization that began in India in 1991 marked a significant shift from the country’s traditionally socialist-oriented economic policies. This transformation has had profound effects on the socialist nature of the Indian state.

Liberalization has diluted the socialist nature of the state as:

· Reduction in state control over the economy: Deregulation and dismantling of the License Raj decreased government intervention in industries, allowing market mechanisms to take precedence over state planning.

· Privatization of public enterprises: The sale and privatization of state-owned enterprises shifted control from the public to the private sector, moving away from socialist principles of public ownership.

· Trade and investment liberalization: Lowering tariffs, reducing import quotas, and encouraging foreign direct investment opened the economy to global markets, undermining protectionist, and self-sufficiency ideals.

· Shift in policy focus from redistribution to growth: Economic policies increasingly prioritized growth, efficiency, and competitiveness over redistributive measures aimed at social justice and equitable wealth distribution.

· Decline in public sector investment: Reduced public sector investment in infrastructure and industries allowed the private sector to lead economic development, diminishing the role of the state as the primary driver of economic progress.

· Reduction of welfare and subsidies: To attract investment and improve economic efficiency, liberalized economies might cut back on social welfare programs and subsidies that were cornerstones of socialist policies.

Liberalisation has enhanced state’s capacity to fulfil socialist objectives as:

· Increased resourcefulness: Liberalization spurred economic growth, boosting state revenue and fiscal capacity. This enables more effective funding of social welfare programs, enhancing public spending on health, education, and poverty alleviation.

· Better infrastructure development: Higher revenues and private investments have allowed the government to improve infrastructure like roads, electricity, and sanitation, supporting both rural and urban development. This aligns with socialist goals of equitable development.

· Enhanced focus on education and skill development: Increased resources have enabled the government to prioritize education and skill development through programs like Sarva Shiksha Abhiyan and Skill India, empowering the workforce, reducing unemployment, and fostering inclusive growth.

· Leveraging technology for better governance: The adoption of e-governance has improved the delivery of public services. Digital platforms like Aadhaar and Direct Benefit Transfer (DBT) ensure that subsidies and welfare benefits reach the intended beneficiaries efficiently, minimizing corruption and enhancing transparency in line with socialist principles of equitable resource distribution.

Conclusion

The post-liberalization era, while marking a shift towards market-oriented policies, has also endowed the Indian state with greater financial and administrative resources to fulfil its socialist objectives. Hence it can be said that the end goals and the nature of state has remained same and only the means to achieve these goals has changed. The need is for state to effectively regulate market to achieve the welfare objectives.

Secular:

The term secular was added in preamble by 42nd Amendment Act 1976. But even before this constitution had secular character as Article 25-28 guarantees fundamental Right to Freedom of Religion.
Indian Constitution embodies positive concept of secularism as against negative secularism of west.

Debate on deletion of words ‘socialist’ and ‘secular’ from Preamble of Indian Constitution

Recently, there has been petitions filed in the Supreme Court that sought deletion of words secular and socialist from the Preamble of Indian Constitution.

Arguments in favour of retaining the words ‘socialist’ and ‘secular’ in Preamble:

· Supporters argue that adding “Socialist” and “Secular” to the Constitution’s Preamble reflects evolving Indian societal values, ensuring it aligns with the nation’s socio-political context.

· It enhances clarity and relevance, clarifying the ideological stance of the Indian state and aligns with contemporary governance principles. The amendment aims to explicitly state what was already implied in the Constitution.

· The amendment was conducted through constitutional processes, representing the mandate of elected representatives. The Supreme Court in Minerva Mills case held that the amendment not only adhered to the Constitution but also revitalized its underlying philosophy.

· The inclusion or exclusion of these words can impact public policy, governance, and societal discussions. Its removal of term “secular” in such a diverse religious landscape could raise concerns regarding the state’s commitment to religious neutrality.

· In 2008, the Supreme Court dismissed a plea to remove “socialist” from the Preamble, stating that socialism, in a broader sense, signifies welfare measures for citizens and is a facet of democracy. Its meaning varies with time and context.

Arguments for removal of the words ‘socialist’ and ‘secular’ in Preamble:

· It has been argued that the country has changed its direction from being ‘socialist’ to ‘welfare’ to ‘neo-liberalism’.

· Some argue that amending the Preamble dilutes the original intent of the framers of the Constitution, suggesting that adding new words alters the fundamental character envisioned by the founding fathers.

· It is argued that embedding particular ideologies in the Preamble may encroach upon the Constitution’s dedication to pluralism and neutrality.

· It was seen more as a political move due to the context i.e. prevailing communal riots during 1960s and 1970s. Also, government wanted to show its resolve for overall development of poorer sections of society.

· Some argue that the amendment might deviate from the original principles of the Constitution. Dr. B R Ambedkar’s rationale for omitting these terms stemmed from the belief that the principles of secularism and socialism were inherently embedded in the constitution’s framework.

Conclusion:

Thus, the debate over removing ‘socialist’ and ‘secular’ from the Preamble of the Indian Constitution hinges on balancing evolving societal values with concerns about ideological dilution and fidelity to the Constitution’s original intent.

Democratic:

A democratic polity, as outlined in the Preamble, is founded on the principle of popular sovereignty, meaning that supreme power resides with the people.
The Indian Constitution establishes a representative parliamentary democracy (indirect democracy), wherein the executive is accountable to the legislature for all its policies and actions. Universal adult franchise, periodic elections, the rule of law, judicial independence, and the absence of discrimination on certain grounds exemplify the democratic nature of the Indian polity.

The term democratic used in the preamble implies social, economic and political democracy.
Ambedkar in his concluding speech in the Constituent Assembly on November 25, 1949, stated: Political democracy lies at the base of social democracy, which means a life that recognise liberty, equality and fraternity.

Republic:

A democratic polity can be classified into two types: monarchy and republic.
- In a monarchy, the head of state, typically a king or queen, holds a hereditary position, ascending to office through succession, as seen in Britain.
- In a republic, an elected head of state is chosen either directly or indirectly, for a fixed term, as exemplified by the USA.
The term ‘republic’ in our Preamble signifies that India has an elected head of state, the president, who is indirectly elected for a fixed term of five years.
A republic also signifies two additional principles:
- First, political sovereignty is vested in the people rather than in a single individual.
- Second, there is an absence of any privileged class, ensuring that all public offices are open to every citizen without discrimination.

Justice:

The term ‘justice’ in the Preamble encompasses three distinct forms—social, economic, and political—secured through various provisions of the Fundamental Rights and Directive Principles.
- Social justice: It means equal treatment of all citizens without distinctions based on caste, colour, race, religion, sex, etc., and involves improving the conditions of backward classes (SCs, STs, and OBCs) and women.
- Economic justice: It signifies non-discrimination among people based on economic factors, aiming to eliminate significant inequalities in wealth, income, and property.

A combination of social justice and economic justice denotes what is known as ‘distributive justice’.

Political justice: All citizens should have equal political rights, equal access to political offices, and an equal voice in the government.

This ideal of justice – social, economic and political is derived from Russian Revolution (1917).

Liberty:

Liberty entails the absence of constraints on individual activities while providing opportunities for personal development.
The Preamble guarantees to all Indian citizens liberty of thought, expression, belief, faith, and worship through Fundamental Rights, which are enforceable in courts of law.
Liberty, as outlined in the Preamble, is crucial for the effective functioning of the Indian democratic system.
However, liberty does not equate to unchecked freedom but must be exercised within the limitations specified in the Constitution.
The liberty advocated in the Preamble and Fundamental Rights is not absolute but qualified.
The ideals of liberty, equality, and fraternity in our Preamble draw inspiration from the French Revolution (1789–1799).

Equality:

Equality signifies the absence of preferential treatment for any societal segment and the provision of ample opportunities for all individuals without discrimination.
The Preamble guarantees to all Indian citizens equality of status and opportunity, encompassing three dimensions: civic, political, and economic.
- Civic equality is secured by fundamental rights under Article 14-18 (Right to Equality).
- Political equality is ensured by-
  - Article-325 – no person can be declared ineligible for inclusion in electoral rolls on grounds of religion, race, caste or sex.
  - Article-326 – elections to the Lok Sabha and the state assemblies to be on the basis of universal adult suffrage.
- Economic equality is provided under Article 39 of Directive Principles of State Policy (DPSP) that secures to men and women equal right to an adequate means of livelihood and equal pay for equal work.

Fraternity:

Fraternity embodies a sense of brotherhood, fostered by the Constitution through the system of single citizenship.
The Fundamental Duties (Article 51-A) mandate every citizen to promote harmony and a spirit of common brotherhood across religious, linguistic, regional, or sectional diversities.
The Preamble asserts that fraternity must ensure two fundamental aspects: the dignity of the individual and the unity and integrity of the nation.
Dignity of the individual–

According to M. Munshi, the phrase ‘dignity of the individual’ in the Constitution signifies the recognition of the sacredness of every individual’s personality.
The Constitution ensures material betterment and maintains a democratic setup while safeguarding individual dignity.
Provisions within Fundamental Rights and Directive Principles of State Policy uphold the dignity of individuals.
Fundamental Duties (Article 51-A) protect the dignity of women by renouncing practices derogatory to their dignity and upholding the sovereignty, unity, and integrity of India.

Unity and Integrity of nation–
- The phrase ‘unity and integrity of the nation’ encompasses both psychological and territorial aspects of national integration.
- Article 1 of the Constitution defines India as a ‘Union of States,’ emphasizing that states lack the right to secede from the Union, emphasizing the indissoluble nature of the Indian Union.
- Its objective is to address obstacles to national integration such as communalism, regionalism, casteism, linguism, and secessionism.

Significance of Preamble:

Preamble reflects the basic philosophy and fundamental values of the constitution.
It embodies the vision of constituent assemble and reflect the dreams and aspirations of founding fathers of constitution.
It aids in assessing the constitutional validity of legislative or executive actions.
Sir Alladi Krishnaswami Iyer, member of the Constituent Assembly remarked, ‘The Preamble to our Constitution expresses what we had thought or dreamt so long’.
M. Munshi, member of Drafting Committee referred to Preamble as the ‘horoscope of our sovereign democratic republic’.
Pandit Thakur Das Bhargava described the Preamble as the most precious part of the Constitution, calling it its soul, key, and jewel, and a proper yardstick to measure its worth.
Sir Ernest Barker, a distinguished English political scientist, praised the political wisdom of the Preamble’s authors, calling it the ‘key-note’ of the Constitution. He was so impressed by its text that he quoted it at the beginning of his book, Principles of Social and Political Theory (1951).
Hidayatullah, a former Chief Justice of India, noted that the Preamble, resembling the U.S. Declaration of Independence, is more than a declaration. It is the soul of our Constitution, outlining our political society and embodying a solemn resolve that only a revolution can change.

Debates related to the Preamble

Preamble as a part of the constitution:

· In the Berubari Union case (1960), the Supreme Court stated that the Preamble reveals the general purposes of the Constitution’s provisions and aids in interpreting ambiguous terms. However, the Court opined that the Preamble is not a part of the Constitution.

· In the Kesavananda Bharati case (1973), the Supreme Court reversed its earlier stance, declaring that the Preamble is part of the Constitution. It emphasized that the Constitution should be interpreted in light of the Preamble’s grand and noble vision.

· In the LIC of India case (1995), the Supreme Court again held Preamble as an integral part of the Constitution.

· Constituent Assembly debate: The motion questioning whether Preamble stands as a part of the constitution was adopted in the Constituent Assembly.

Amenability of Preamble:

· The issue of whether the Preamble can be amended under Article 368 of the Constitution was first raised in the Kesavananda Bharati case (1973).

o The Supreme Court ruled that the Preamble is indeed a part of the Constitution and can be amended, with the caveat that the “basic features” cannot be altered. In essence, the fundamental elements outlined in the Preamble are protected from amendment under Article 368.

· The Preamble has been amended only once so far, in 1976 by 42^nd Constitutional Amendment Act.

o It added three new words – Socialist, Secular and Integrity – to the Preamble.

Working of preamble:

Positives:

The Preamble of the Indian Constitution encapsulates the core values and guiding principles of the nation. It plays a significant role in shaping India’s democratic and inclusive ethos.

Justice: Social, Economic, and Political
- Social Justice: The Indian government has implemented various policies and programs to promote social justice. For instance, the reservation system in education and employment aims to uplift Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC), ensuring their inclusion in mainstream society.
- Economic Justice: Various initiatives and policies aim to reduce economic disparities and ensure equitable distribution of wealth. Example: The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) provides a legal guarantee for at least 100 days of wage employment in rural areas, enhancing economic security for the rural poor.
- Political Justice: The democratic process in India ensures that every citizen has the right to participate in the political process. Example: The introduction of Panchayati Raj institutions has empowered local self-governance, ensuring political participation at the grassroots level.
Liberty: The Preamble guarantees fundamental freedoms that allow individuals to express themselves and practice their beliefs without fear of discrimination.
Example: The landmark Supreme Court judgment in the case of Navtej Singh Johar v. Union of India (2018) decriminalized consensual homosexual acts, upholding the liberty of individuals to express their sexuality.
Equality of Status and Opportunity: The Constitution promotes equality by prohibiting discrimination based on religion, race, caste, sex, or place of birth.
Example: The Women’s Reservation Bill, which seeks to reserve 33% of seats in Parliament and state legislatures for women, aims to provide equal political opportunities to women.
Fraternity: Assuring the Dignity of the Individual and the Unity and Integrity of the Nation – The principle of fraternity promotes a sense of brotherhood and unity among citizens, ensuring the dignity of every individual.
Example: The Swachh Bharat Abhiyan (Clean India Mission) aims to improve sanitation and hygiene across the country, ensuring the dignity of individuals by promoting clean and healthy living conditions.
Secularism: – The Preamble declares India to be a secular state, ensuring that all religions are treated equally, and the state does not favour any religion.
Example: The Supreme Court’s ruling in the S.R. Bommai v. Union of India case (1994) reaffirmed the secular nature of the Indian state, stating that the government must maintain neutrality towards all religions.
Democratic Ideals: The democratic framework of India, as envisioned in the Preamble, ensures that the power lies with the people and their elected representatives.
Example: The peaceful transition of power through regular, free, and fair elections reflects the democratic spirit of the nation.

Thus, the principles enshrined in the Preamble have influenced and shaped various aspects of governance, law, and society in India, contributing to the nation’s development and the well-being of its citizens.

Negatives:

While the Preamble to the Indian Constitution sets out noble objectives and guiding principles, certain challenges and criticisms have emerged in the context of its implementation.

Justice: Social, Economic, and Political
Social Inequality: Despite constitutional guarantees, caste-based discrimination and untouchability persist, hindering social justice. The Dalit community continues to face atrocities and exclusion in various parts of the country. According to report by NCRB, there has been increased instances of violence against SCs and STs.
Economic Disparity: Economic inequality has been rising, with the rich-poor gap widening. Wealth concentration among a small elite contrast sharply with widespread poverty. According to Oxfam report, the top 10% of the Indian population holds 77% of the total national wealth.
Political Representation: Marginalized groups often lack adequate representation in political institutions. While reservations exist, their effectiveness and the inclusiveness of the political process are frequently questioned.

Equality of Status and Opportunity
Gender Discrimination: Gender inequality remains a significant issue. Women face barriers in education, employment, and political participation, and gender-based violence is pervasive.
Educational Inequality: Access to quality education is uneven, with rural and marginalized communities often lacking adequate facilities and resources.

Liberty: Thought, Expression, Belief, Faith, Worship
Freedom of Speech: Instances of suppression of dissent, curtailment of free speech, and censorship have been reported. Activists, journalists, and ordinary citizens sometimes face legal action or harassment for expressing their views. Between January 2012 and February 2024, there were 805 government-imposed internet shutdowns across India, resulting in the highest number of internet blocks in the world so far.

Fraternity Assuring Dignity and Unity
Caste-based Violence: Fraternity and unity are undermined by incidents of caste-based violence and discrimination, affecting social cohesion.
Regionalism and Separatism: Regional disparities and demands for separate states or autonomy (g., in Kashmir or Northeast India) challenge national unity.

Secularism
- Communal Riots: Events like the 1984 anti-Sikh riots, the 2002 Gujarat riots, and more recent communal clashes in Nuh (Haryana) reflect failures in maintaining religious harmony.
- Legislation and Policies: Certain laws and policies, perceived as favouring or targeting specific religious communities, have sparked controversy and debate over India’s secular credentials.

Conclusion

While the Preamble articulates the aspirational goals for the Indian state, translating these ideals into reality has been fraught with challenges. The gaps between constitutional promises and on-ground realities highlight the ongoing struggle to achieve the Preamble’s vision fully. Addressing these issues requires sustained and inclusive efforts from all segments of society, including government, civil society, and the private sector.

Related Posts

Making of the Constitution

Fundamental Rights

Preamble