India’s Constitutional Preamble: Fundamental Principles, Significance, and Evolution

• External Sovereignty: India is independent from foreign control. India proudly possesses external sovereignty, meaning it has full independence and autonomy.
  
  • This characteristic is fundamental to India’s identity as a sovereign state.
• Internal sovereignty: The government is elected by the people and can make laws for the country without outside interference.
  • The internal sovereignty of India signifies the supremacy of its domestic authorities.
• Non-Interference from External Powers: India’s government is not subject to dictation by any external power. 
  • This safeguard ensures that India’s decision-making processes are untainted by external influences.
  • Global Engagements without Compromise: India’s membership of the Commonwealth of Nations, World Bank Group, International Court of Justice, United Nations Organisation (UNO) is not limitation on her sovereignty in any way.
• Acquisition and Relinquishment of Territory: As a sovereign country, India has the authority to make decisions regarding the acquisition or relinquishment of foreign territories. 
  • This capacity demonstrates the nation’s power to manage its territorial boundaries according to its strategic, diplomatic, or geopolitical interests.

• The 42nd amendment (1976) added the term “Socialist” to the preamble.
  • Before this, socialism was implied in the Indian Constitution through certain Directive Principles of State Policy (Articles 38, 39, 39A, 41, 42, 43, 43A, and 47).
• Democratic socialism, aiming to promote social welfare and equality 
  • Democratic Socialism (The mixed economic model) allows for the coexistence of both private and public sectors.
  • Communist socialism involves nationalizing all means of production and distribution and eliminating private property.
  • Indian socialism is influenced by both Marxism and Gandhism, but it places a stronger emphasis on Gandhism.
  • India follows a mixed economic model, combining elements of socialism and capitalism.
• The Supreme Court stated that the socialist concept of society should be implemented in the true spirit of the constitution. The main goal of socialism is to
  • Eliminate inequality of income and standards of life and
  • To provide a decent standard of life to working people.
  • Democratic socialism aims to end poverty, inequality of income, disease and to provide a decent standard of life to working people. 

(NOTE: Socialist is not a Basic Structure of Constitution)

• Meaning: The state should not have its own religion, and no one can turn it into a religious state.
• Secular term was added by 42nd Amendment (1976).
• Positive Secularism in India: State will have no religion of its own and all persons will be equally entitled to the freedom of conscience and the right freely to profess, practice and propagate the religion of their choice (S R Bommai and Others vs Union of India.
• Constitutional Basis: Preamble, Art. 14, 15, 16, 25-28, 29-30, 44, 325, etc.
• Secularism is part of basic structure doctrine.
• The Supreme Court (In Hijab Ban Case 2022) said India had always been a secular country even when the framers of the Constitution had not thought it fit to insert the word ‘secular’ in the Preamble.

• The constitution has created a government that derives its authority from the will of the people – “Doctrine of popular Sovereignty.“
  • The representatives are elected by the people and are accountable to them.
  • The term “Democratic” includes political, social, and economic democracy.
• Dr. Ambedkar: In his speech in the Constituent Assembly social democracy means a way of life which recognises liberty, equality and fraternity.
  • They form a union of trinity in the sense that to divorce one from the other is to defeat the very purpose of democracy.
• Indirect Democracy: This type of democracy is known as representative democracy.
  • Two kinds: Presidential (found in USA)  and Parliamentary (found in India and UK)
• Representative Parliamentary Democracy of India: In representative form of Democracy,  the executive is responsible to the legislature for all its acts and policies.
  • Features of Parliamentary Democracy: Universal adult franchise, periodic elections, rule of law, independent judiciary, absence of discrimination on certain grounds.

• Referendum: A process where proposed laws are decided by direct votes from the people.
• Initiative: A way for people to suggest a bill to the legislature to become a law.
• Recall: A way for voters to remove a representative or official before their term ends.
• Plebiscite: A way to ask people their opinion on important public issues, often used to settle disputes over land.

• Democratic polity is classified into two categories: Monarchy (Britain) & Republic (USA/India).
  • Monarchial Form of Democracy: the head of state inherits the position through birthright and succession.
  • Republic: Democratic republic means head of state is elected – Directly or indirectly, for a fixed tenure – President of India indirectly elected for period of 5 years
  • It also means vesting political sovereignty in people and absence of any privileged class and all public offices open to all without any discrimination.

• The ideal of justice—social, economic and political—  in the constitution of India has been taken from the Russian Revolution (1917).
• The concept of “Justice” includes three essential elements: social, economic, and political.
• It is secured through through various provisions of Fundamental 

Rights and Directive Principles.

• Social Justice: means the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. 
  • It also means absence of privileges being extended to any particular section of the society, and improvement in the conditions of backward classes (SCs, STs and OBCs) and women.
• Economic Justice:  It means the non-discrimination between people on the basis of economic factors. 
  • It includes reducing significant differences in wealth, income, and property. 
  • When social justice and economic justice are combined, it’s referred to as distributive justice.
    
• Political Justice: It denotes that all citizens should have equal political rights, equal access to all political offices and equal voice in the government.

• The ideals of liberty, equality and fraternity in our Preamble have been derived from the French Revolution (1789–1799).
  • Liberty means Absence of Restraints on the activities of individuals.
    • It also involves providing opportunities for the development of individual personalities.
    • It doesn’t imply the freedom to do whatever one wants. 
• Hence, Liberty ensured in Preamble & Fundamental Rights is not absolute but qualified.
• The Preamble ensures freedom of thought, expression, belief, faith, and worship.
• Positive Liberty: It defines the area of society where an individual can be free with some constraints made by the society and the government.
  • It’s the chance to act in a way that allows you to take control of your life and achieve your main goals.
• Negative Liberty: It is the absence of obstacles, barriers or constraints. 
  • It’s the thought that freedom is about doing what you like without any external obstacles.

• Absence of special privileges to any section of society.
• Adequate opportunities for all without discrimination.
• Preamble Secures: Equality of status and opportunity.

• Art.14: Equality before law.
• Art.15: Prohibition of discrimination on the grounds of religion, race, caste, sex, place of birth.
• Art.16: Equality of opportunity in public employment.
• Art.17: Abolition of untouchability
• Art.18: Abolition of titles

• Following  two provisions in the constitution tries to achieve Political equality.
  • Article 325: No one can be excluded from being on the electoral rolls based on religion, race, caste, or gender.
    
  • Article 326: Lok Sabha & state assembly elections based on universal adult franchise.

• Art.39: Equal right to adequate means of livelihood & equal pay for equal work to men and women.

• It means a sense of brotherhood and support. 
• Single Citizenship and Fundamental duties in the constitution promotes fraternity.
• Article 51A: Fundamental duty of every citizen to promote harmony and spirit of common brotherhood transcending religious, linguistic, regional or sectional diversities.
  • It also protect the dignity of women by stating that it shall be the duty of every citizen of India to renounce practices derogatory to the dignity of women
  • Fraternity in constitution implies  dignity of individual and unity & integrity of India. (The word “Integrity” was introduced by the 42nd Constitutional Amendment Act)
  • The dignity of individuals is ensured by Fundamental Rights, Directive Principles of State Policy (DPSPs), and Fundamental Duties.
  • According to K M Munshi, dignity of the individual signifies that the Constitution not only ensures material betterment and maintains a democratic set-up, but it also recognises that the personality of every individual is sacred.
• Unity & Integrity of Nation: It denotes both psychological and territorial dimensions of national integration.

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