BASIC VALUES IN THE PREAMBLE

"We, the People" is the first and foremost value of the Constitution of India. The whole edifice is
for the people, made up of ‘We’ - not the individual.
The words 'We the people......' were not merely empty rhetoric; they were earnestly inscribed to
recognize and respect India's political sovereign - the people.
The highest rank of a person in a democratic country is to be its citizen.
The words "We the people signify not only the moral and historical insight of founding fathers but
they serve to reaffirm they are the source of all constitutional authority and that the test of
governance is to be measured with people's well-being.

SOVEREIGNTY: TOTAL AND ETERNAL POWER OF COMMANDING

A State is 'Sovereign' where there resides within itself a supreme and absolute power
acknowledging no superior.
By declaring India as a sovereign entity, the Preamble emphasizes that India is independent and is
free to determine for herself without any external interference. There is none within her to challenge
her authority.

Power comes from

the people

People
POPULAR SOVEREIGNITY

Political power rests with the people who can create, alter,
The Power to Rule and abolish government.
People express themselves through voting and free
participation in government.
People Elect
Representatives

Sovereignty is one of the most important values of a State. If a State cannot freely determine what
it wants and how to achieve it, it loses the rationale to exist.
It gives the State and its people the dignity of existence.
Sovereignty is an essential attribute to make a nation member of international comity of nations.
Therefore, the government is duty bound to defend its sovereignty by preventing any kind of threat
to it coming from any entity and any direction.
Though our Constitution does not explicitly specify where the sovereign authority lies but by
mentioning the source of our Constitution as 'We, the people of India' it states that the ultimate
sovereignty rests with the people of India as a whole.
Thus, the Constitutional authorities and organs of government derive their power only from the
people.
Therefore, our political system should ensure the support and approval of people to it.
Article-51A(c), on the other hand, says that it shall be the duty of every citizen to uphold and protect
the sovereignty, unity and integrity of India.

POLITY Class 02 handout by Mr. Samarjit Mishra

 Does globalization compromise the sovereignty of a nation?
It has to be realized that sovereignty is legal fiction. In practice, it is often compromised.
However, the view that globalization dilutes sovereignty needs to be revisited.
Globalization is not a dilution of sovereignty, but a modification of the manner in which
sovereignty is exercised.
Globalization requires a more responsible use of sovereignty.
The Government of India continues to ensure its strategic autonomy in international sphere
and is vigilant in protecting the interests of the people of India.

SOCIALISM: END IS TO BE EGALITARIAN, MEANS MAY DIFFER

It was inserted by 42nd Amendment

Objectives of socialism ideology:
Act of the Constitution in 1976.
Private Property, disease and ignorance shall be
Why 1976 and not 1950? eliminated.
The definition of socialism was Property and privilege in any form shall occupy a
synonymous with the pattern of strictly limited place.
economy in the erstwhile USSR. So a All citizens shall have equal opportunities.
explicit definition in 1950 would have Ethical and spiritual values shall contribute to the
made us what USSR was following. enrichment of the individual and communal life.
However the understanding of the
founding father was much matured because of collective wisdom and they categorically left out its
explicit provisioning in the Preamble.
By the word socialism the Constitution means the achievement of socialistic ends through
democratic means i.e. 'democratic socialism'.
Jawaharlal Nehru described democratic socialism as one, which will be based on
political liberty, equality and tolerance. Under democratic socialism we could
maintain individual freedom and initiative with centralized-social control and
planning of the economic life of the people.
Nehru favored a positive role for the private sector, which culled for effective
State regulation and control.
In India there has always been an emphasis on mixed economy, i.e. along with a
public sector, the private sector also has a role-play. The government accepts
the policy of mixed economy where both public and private sector both exist
side by side.
– Jawaharlal Nehru (First Prime Minister of India)

According to the Supreme Court, the principal aim of socialism is to eliminate inequality of income
and standards of life and to provide 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. Socialist concept of society should be implemented in the true spirit of the
constitution.
In Samantha vs. State of Andhra Pradesh the Supreme Court has stated while defining socialism
“Establishment of the Egalitarian social Order through the rule of law is the basic structure of the
constitution”.

POLITY Class 02 handout by Mr. Samarjit Mishra

 Justice Chief Justice K. G. Balakrishnan said: “Why do you define socialism in the narrower sense
as the communists do? … Why don’t you go by the broader definition, which mandates the state
to ensure social welfare measures for all the citizens as a facet of democracy?”

SECULARISM - SARVA DHARMA SAMA BHAVA

The aim to insert the word "secular" by the Constitution (42nd Amendment) Act, 1976, was to
explain that the state does not recognize any religion as a state religion and that it treats all
religions equally, and with equal respect, without, in any manner, interfering with their individual
rights of religion, faith or worship.
Secular means ‘view of life’ or of any particular matter based on premise that religious
considerations should be ignored or purposefully excluded or as a system of social ethics based
upon doctrine that ethical standards and conduct be determined exclusively without reference to
religion.
By proclaiming India as a secular State, the Constitution means that India is neutral in religious
matters and treats all religions impartially.
The Constitution ensures that the State does not have any religion of its own. India is neither
religious, nor irreligious nor anti-religious, but is only non-religious.
It is wholly detached from religious dogmas and activities and is neutral in religious matters.
However, as the Supreme Court stated, although the words ‘secular state’ was not expressly
mentioned in the Constitution, there can be no doubt that Constitution-makers wanted to
establish such a state and accordingly Articles 25 to 28 (guaranteeing the fundamental right to
freedom of religion) have been included in the constitution.
All secular states have one thing in common, they are neither theocratic nor do they establish a
religion. Further, the two models of Secularism are considered as:-
Western model (best represented by America)
Indian model of Secularism

Difference between Western Model and Indian Model of Secularism:

Western Secularism Indian Secularism

Positive concept – State is neutral - same status and support

Negative concept as religion is a private affair
from the state to all religion

Politics intervenes in religion without discrimination among

Strict non-interference of religion in politics
them

State treats religion with complete indifference Religious reforms initiated by state

Uniform Civil Code Personal laws based on religious belief and faith

Supreme Court Case Ruling on Secularism

S.R Bommai Case It is very much embedded in our constitutional philosophy

It has a positive meaning that is developing, understanding

Aruna Roy Case
and respect towards different religions

It is a matter of conclusion to be drawn from various Articles

I.R Coelho Case
conferring Fundamental Rights

inter-caste marriages and adoption were two important social

institutions through which “secularism” would find its fruitful
Valsamma Paul Case
and solid base for an egalitarian social order under the
Constitution

POLITY Class 02 handout by Mr. Samarjit Mishra

DEMOCRACY: MAN AS MASTER OF HIS DESTINY

'Democracy' is associated with the freedom of choice of the people.

It is a method of government by discussion and persuasion. Everyone’s opinion matters.
The term democratic indicates that the Constitution has established a form of government which
gets its authority from the will of the people expressed in an election.
The democratic set up that is being followed in India is called 'Representative Democracy'
because the people choose their representatives who carry on the government.
The ideal of a democratic republic enshrined in the Preamble has been best secured by the
Constitution by the adoption of universal adult suffrage.
The term democracy as used in the Preamble not only means political democracy, but also social
and economic democracy.
In fact, political democracy serves to achieve social and economic democracy.
Nehru said, "Democracy has been spoken of chiefly in the past, as political democracy, roughly
represented by every person having a vote. But a vote by itself does not represent very much to a
person who is down and out, by itself, is not enough except that it may be used to obtain a
gradually increasing measure of economic democracy, equality and the spread of good things of
life to others and removal of gross inequalities."

REPUBLIC: POWER TO CHANGE THE FORTUNE AND FUTURE OF A NATION

Republic means a State in which supreme power is held by the people and their elected
representatives, and which has an elected or nominated President rather than a monarch.
In India the head of the State is President and he is elected by the people for a fixed term of five
years. The office of the head of the State is elective.
This idea strengthens and substantiates democracy that every citizen of India after attaining a
particular age is equally eligible to become the head of the state if he is elected as such. Political
equality is its chief message.

OBJECTIVES OF THE PREAMBLE

Justice:
Taken from Russian Revolution, it deals with fairness.
Preamble talks about comprehensive justice that is social, economic and political justice.
As observed by Pandit Nehru and Dr. Ambedkar political justice is of no consequence, unless a
democracy assures social and economic justice.
The ‘social and economic justice’ is sought to be provided by the Constitution as enshrined in the
Preamble, mainly through the Directive Principles of State Policy.
Political justice is provided by Fundamental rights and other provisions like Voting rights.
According to Dr. B.R. Ambedkar, “social justice means a way of life which recognizes liberty,
equality and fraternity which are not to be treated as separate items in a trinity”.
Liberty:
Democracy cannot be established unless certain minimal rights which are essential for a free and
civilized existence are assured to every member of the community.
Therefore, the Preamble mentions these essential individual rights such as freedom of thought,
expression, belief, faith and worship which are assured to every member of the community against
all the authorities of States by Part-Ill of the Constitution.

POLITY Class 02 handout by Mr. Samarjit Mishra

Equality:
Equality substantiates democracy and justice.
Without equality, weaker individuals would not be able to avail the freedoms granted by State.
Our Constitution assures equality of status (background) and opportunity (Future) to every citizen
for the development of the best in him.
Every citizen of India is entitled to equality before law and equal protection of law.
Inequality in all forms present in our social structure has been prohibited.
Many provisions assuring equality to all individuals irrespective of their religion, race, caste,
sex or place of birth, etc. have been guaranteed.
Also the provision of affirmative action has been made to bring everybody on par.

The preamble secures of all citizens' equality of status and opportunity. The provision of
equality embraces its three dimensions- Civic, Political and Economic which are enshrined in a
different part of the Indian Constitution.

Civic equality Political equality Economic equality

The negative concept as religion is a

No person is to be declared
private affair
ineligible for inclusion in
Equality before Law (Art. 14) The Directive Principles (Art.
electoral rolls on the grounds
Prohibition of discrimination on grounds of 39) secure to men and
of religion, race, caste or sex
religion, race, caste, sex or place of birth women equal right to an
(Art. 325).
(Art. 15) adequate means of
Elections to the Lok Sabha
Equality of Opportunity in matters of public livelihood and equal pay for
and the state assemblies are
employment (Art. 16) equal work.
to be conducted on the basis
Abolition of Untouchability (Art. 17)
of adult suffrage (Art. 326).
Abolition of titles (Art. 18)

Fraternity:
Fraternity stands for the spirit of common brotherhood.
It is a feeling that all citizens feel that they are all children of the same soil.
In the absence of that, a plural society like India stands divided. Therefore, to give meaning to all
the ideals like justice, liberty and equality our Constitution gives ample stress on fraternity.
This has been a foremost objective to achieve in a country composed of so many races, religions,
languages and cultures.
Article-51A (e) therefore, declares it as a duty of every citizen of India to promote harmony and
the spirit of common brotherhood amongst all the people of India transcending religious,
linguistic and regional or sectional diversities. Article 51A (f) further asks each citizen to value
and preserve the rich heritage of our composite culture.
However, it is believed that, Fraternity will be achieved not only by abolishing untouchability
amongst the different sects of the same community but by abolishing all communal or sectional
or even local or provincial anti-social feelings which stand in the way of unity of India.
Unity and Integrity are related to the territorial concept of the nation. Its logical to extend the
understanding of the Constituent Assembly that only when an individual is strengthened, a
country is strengthened. Hence dignity of individual precedes unity and integrity of nation.

Dignity of the individual:

Dignity is the foundation of all other universal values. Dignity gives birth to equality, freedom and
justice, the other universal values enshrined in the preamble of the Indian Constitution.
Unless and until dignity of an individual is not recognized, due rights of an individual including
liberty and equality would not be secured from the State and society. The constitution ensures it
by:

POLITY Class 02 handout by Mr. Samarjit Mishra

 Part-IV which ensure the development of the quality of life to all sections of people.
Acknowledges that all citizens, men and women equally, have the right to, an adequate
means of livelihood (Art.-39 A) and just and humane conditions of work (Art.-42).
Abolishing practice of untouchability by declaring it as a punishable offence.
Directing the State to take steps to put an end to exploitation and poverty.

Unity and integrity of the Nation:

To maintain the independence of the country intact and enduring, unity and integrity of the nation is
very essential. Therefore, the stress has been given on the ideal of fraternity which would foster unity
amongst the inhabitants. Without a spirit of brotherhood amongst the people the ideals of unity and
integration of people and nation seem unattainable. Our Constitution expects from all the citizens of
India to uphold and protect the unity and integrity of India as a matter of duty.

Practice Questions
1.What are the major commitments of the Constitution of Indian as incorporated in
its preamble?
2.Discuss each adjective attached to the word 'Republic' in the 'Preamble'. Are they
defendable in the present circumstances?
3.The Preamble to the Constitution is aimed to embody the fundamental values and
the philosophy on which the Constitution is based. Elucidate.
4.What is the significance of a preamble to a constitution? Bring out the philosophy
of the Indian polity as enshrined in the Preamble of the Indian Constitution.

THE UNION AND ITS TERRITORY

Articles 1 to 4 under Part – I of the Constitution deal with the Union and its territory

Articles Provisions / Titles

Article 1 Name and territory of the Union

Article 2 Admission or establishment of new States

Article 3 Formation of new States and alteration of areas, boundaries or names of existing States

Laws made under Articles 2 and 3 to provide for the amendment of the first and the Fourth schedules
Article 4
and supplemental, incidental and consequential matters.

INDIA – A UNION OF STATES

Article 1 describes:
two official names – Indian that is Bharat
Territory of Union
as a ‘Union of States’ rather than a ‘Federation of States’
country is an integral whole and divided into different states only for the convenience of
administration
the country is described as ‘Union’ although its Constitution is federal in structure
‘Union of States’ has been preferred to ‘Federation of States’ for two reasons:
Indian Federation is not the result of an agreement among the states like the American
the states have no right to secede from the federation

POLITY Class 02 handout by Mr. Samarjit Mishra

Article 1 - Territory of India
Territories of the states
Union territories
Territories that may be acquired by the Government of India at any time- cession,
occupation, conquest or subjugation
states are the members of the federal system and share a distribution of powers with the Centre
The UTs and the acquired territories, on the other hand, are directly administered by the Central
government

Ambedkar said that the Indian federation was a “Union” because it was indissoluble, and no
State had a right to secede from the Indian Union.
“The Drafting Committee wanted to make it clear that though India was to be a federation,
the federation was not the result of an agreement by the States to join in a federation, and
that the federation not being the result of an agreement, no State has the right to secede
from it. The federation is a Union because it is indestructible. Though the country and the
people may be divided into different states for convenience of administration, the country is
one integral whole, its people a single people living under a single imperium derived from a
single source. The Americans had to wage a civil war to establish that the States have no
right of secession and that their federation was indestructible. The Drafting Committee
thought that it was better to make it clear at the outset rather than to leave it to speculation
or to dispute.”
The Union Territories are not included in the “Union of States” whereas the expression
“Territory of India” includes not only the States, but also the Union Territories and such other
territories as may be acquired by India.

Article 2- Empowers Parliament to ‘admit into the Union of India, or establish, new states on
such terms and conditions as it thinks fit’
Two powers to the Parliament:
the power to admit into the Union of India new states- (already existing state )
the power to establish new states (non-existing states)

Article 3 - formation of or changes in the existing states of the Union of India

internal re-adjustment / Parliament power to redraw the political map of India
form a new state by separation of territories of existing units
increase/diminish area of any state
alter the boundaries/ name of any state
Condition for Art 3:
a bill contemplating the above changes can be introduced in the Parliament only with the
prior recommendation of the President
before recommending the bill, the President has to refer the same to the state legislature
concerned for expressing its views within a specified period (The President (or Parliament) is
not bound by the views of the state legislature)
In case of a UT, no reference needed and the Parliament can itself take any action as it
deems fit
‘an indestructible union of destructible states’- Territorial integrity of states not guaranteed
by the constitution

POLITY Class 02 handout by Mr. Samarjit Mishra

 Indian territory can be ceded to a foreign state only by amending the Constitution under
Article 368
settlement of a boundary dispute between India and another country does not require a
constitutional amendment – Executive action

100th CAA (2015)- Land Boundary Agreement between India and Bangladesh
Demarcation of un-demarcated boundary; the territories in adverse possession; and
exchange of enclaves
India transferred 111 enclaves to Bangladesh, while Bangladesh transferred 51 enclaves to
India
Amendment modified the provisions relating to the territories of four states (Assam, West
Bengal, Meghalaya and Tripura) in the First Schedule

Assam

Meghalaya

Tripura
West Bengal

Article 4 – Changes done under Art 2 & 3 are not to be considered as amendments of the
Constitution under Article 368, such laws can be passed by a simple majority and by the
ordinary legislative process.

POLITY Class 02 handout by Mr. Samarjit Mishra