People of one book, the Constitution

"As India’s new citizenship law seeks to create a stratified citizenship based on religion, a large number of Indians opposing it are emerging as a people of one book, the country’s Constitution, which came into force on Jan 26, 1950. Indians protesting against a discriminatory citizenship law are using the Constitution as a rallying cry," said an opinion piece published in The New York Times in December end. It aptly summarises the anti-CAA protests in India.

The spirit of Indian Constitution is defined by its Preamble.

The Preamble acts as an introduction to a Statute. It tells about the objectives that the legislation wishes to achieve. In its reply in the Berubari Union Case, the Supreme Court had expressed that the Preamble is a key to open the mind of the makers and shows the purpose why they have made several provisions in the Constitution.

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.

Through the 42nd Constitutional Amendment in 1976, it was amended to include the words "socialist" and "secular" in the preamble.

1. Sovereign

The term ‘Sovereign’ means that India has its own independent authority and it is not a dominion of any other external power.

2. Socialist

The term ‘Socialist’ means a ‘Democratic Socialism’ that holds faith in a mixed economy where both private and public sectors co-exist side by side.

3. Secular

The term ‘Secular’ means that all the religions in India get equal respect, protection and support from the state. It also means religions do not meddle in the affairs of the state.

4. Democratic

The Constitution belongs to the people of India, which gets its authority from the will of the people expressed in an election.

4. Democratic

The Constitution belongs to the people of India, which gets its authority from the will of the people expressed in an election.

5. Republic

The term ‘Republic’ indicates that the head of the state is elected by the people directly or indirectly. In India, the President is the head of the state and is elected indirectly by the people. The President of India is not a hereditary ruler as in the case of British Kingdom.

The struggle for freedom was not only against the British rule. Our forefathers’ struggle was also to usher in an era of restoring the dignity of all men and women, removal of poverty and for putting an end to all types of exploitation. Such strong motivations and cherished ideals had prompted the framers of Constitution to lay emphasis on the provision of Justice, Liberty and Equality to all the citizens of India.

Justice

Justice promises to give people what they are entitled to in terms of basic rights to food, clothing, housing, participation in the decision-making and living with dignity as human beings. The Preamble covers all these dimensions of justice - social, economic and political.

Liberty

The Preamble also mentions about liberty of thought and expression. These freedoms have been guaranteed in the Constitution through the Fundamental Rights.

Equality

Equality is considered to be the essence of modern democratic ideology. The Constitution makers placed the ideals of equality in a place of pride in the Preamble. All kinds of inequality based on the concept of rulers and the ruled or on the basis of caste, religion and gender were to be eliminated. All citizens of India should be treated equally.

Fraternity, Dignity, Unity and Integrity

In the background of India’s multi-lingual, multi-cultural and multi-religious society and keeping in view the Partition of the country, the framers of the Constitution were very much concerned about the unity and integrity of our independent country. There was a need for harmonious co-existence among various religions, linguistic, cultural and economic groups. Inclusion of phrases like ‘dignity of individuals’, ‘fraternity among people’ and ‘unity and integrity of the nation’ in the Preamble highlight such a need.

(V Venkateswara Rao is a retired corporate professional and a freelance writer).