EXPLAINING THE PREAMBLE OF THE INDIAN CONSTITUTION:
Given the detailed nature of the Constitution of India, the Preamble serves a vital role in capturing the essence of the Constitution. Let’s revisit its core values on the 76th Republic Day.
As India prepares to celebrate its 76th Republic Day under the theme “Swarnim Bharat: Virasat aur Vikas” (Golden India: Legacy and Progress), the day also marks a historic moment to reflect on the core values of the Indian Constitution, which came into effect on January 26, 1950.
On this day, let’s reflect on the core values enshrined in the Preamble — Sovereign, Socialist, Secular, Democratic, and Republic — which constitute the foundation of India’s democratic framework, promoting justice, liberty, equality, and fraternity among all its citizens.
The Preamble’s invocation of “We, the people of India”
The preamble begins with the famous and stirring words, “We, the people of India”. This invocation of the people is significant as it stands in sharp contrast to the often unchecked and emotional invocation of “the people” by contemporary populist movements around the world. The people invoked in the Preamble are presented with a sense of sobriety, as a constitutionally mediated entity, which prevents any possibility of such populist invocation of the people from easily descending into tyranny.
Once this constitutionally mediated invocation has been made, the Preamble introduces the key concepts upon which the people of India have decided to mould the republic: Sovereign, Socialist, Secular, Democratic and Republic. Let’s understand each of these terms and explore their deeper meaning and significance.
— Sovereign: The term “sovereign” is one of the most central concepts in political science and constitutionalism. It refers to three aspects: first, sovereignty connotes a supremacy of power that the state claims and tolerates no power above it; second, there is no possibility or threat of insubordination below the state that could threaten its integrity; and third, this sovereignty is crystallised in the form of popular representation in Parliament, which represents the will of the people through universal adult franchise.
— Socialist: The term “socialist” was not present in the original version of the Preamble. It was introduced into the Preamble in 1976 through the 42nd constitutional amendment along with the term “secular”. There has been some controversy around the term socialist being part of the Preamble. Dr. B.R. Ambedkar was himself against the inclusion of the term as he felt that its presence would unfairly constrain future governments.
Socialist was also challenged as recently as last year when the Supreme Court, hearing a petition on the matter, ruled in November 2024 that the term socialist should remain as it has acquired a distinct meaning. Many critics have noted how, since the 1990s, India has embarked upon liberalisation policies of free markets, perceived as the opposite of socialism.
— Secular: This is again one of the terms whose inclusion has been questioned at various times, but whose presence in the Preamble has given it a distinctive meaning. The word secular, unlike the way it is understood in the West, does not imply a lack or negation of religion. Instead, it simply means that in the interests of maintaining religious harmony among India’s numerous religions and belief systems, the state shall maintain a secular stance. This is an eminently sensible position in a society where religion does play a significant and central role in people’s lives.
— Democratic: The term democratic has received a significant Indian inflection due to its presence in the Preamble and the way democracy has taken root in India. Soon after independence, elections in 1951 were held on the principle of universal adult franchise. Sceptics of Indian democracy pointed out that high levels of poverty and illiteracy would pose major stumbling blocks to the continuation of democracy, as it has generally thrived in societies with some degree of material affluence.
However, many decades after independence, the success of Indian democracy has been acknowledged worldwide, with its vigour and vitality striking a contrasting note to staid Western liberal democracies.
— Republic: The term republic in the Preamble holds significance in the historical development of Indian independence from colonial British rule. With independence in August 1947, India attained autonomous dominion status in the British Empire. Dominion status had been a long-standing demand of the national movement, and this also gave rise to the demand for Poorna Swaraj (full independence), first made in 1921 and proclaimed in 1930.
It was only with the declaration of India as a republic on January 26, 1950 that we moved beyond the initial autonomy that dominion status gave us. The term republic in the Preamble of the Constitution connotes that the head of the state has to be an elected figure and not a hereditary monarch, which continues to be the case to this day in the United Kingdom.
It may be noted that the concept of constitutional patriotism, initially invoked by German social theorist Jurgen Habermas in the 1990s in an especially European context, has acquired a unique and very spirited dimension in India. And the unique fervor of constitutional patriotism it has inspired among the citizenry is deeply influenced by the exceptional status held by the Preamble to the Indian Constitution.
Moreover, there are some landmark judgements that help us understand how the Preamble clarifies the guiding principles and purpose behind the Constitution of India.
The Preamble through landmark judgments
The landmark Keshavananda Bharati case (1973) ruled that the Preamble is a part of the Constitution as it helps in the interpretation of the actual body of the Constitution. The Keshavananda Bharati judgement is particularly significant as it gave rise to the “basic structure” doctrine of the Constitution and included the Preamble in it.
This 13-bench judgement also seemed to mark a departure from an earlier judgement in the Berubari Union Case (1960) that did not view the Preamble as part of the Constitution, although the Preamble was acknowledged as the ‘key’ to understanding the mind of the makers of the Constitution.
To sum up, modern Constitutions are remarkable documents that act as a political contract that defines the terms on which the people of a country will be governed with justice and legitimacy. The Indian Constitution is the longest-written Constitution in the world. Given the detailed nature of the Constitution, the Preamble serves a vital role in capturing the essence of the Constitution.
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