Indian Constitution

Model Answer

Importance of the Preamble to the Indian Constitution

The Preamble serves as the introduction to the Indian Constitution, summarizing its core principles and values. Based on Pandit Nehru’s “Objectives Resolution,” adopted on January 22, 1947, it embodies the fundamental philosophy of the Constitution.

Key Significance

1. Philosophical Foundation: The Preamble encapsulates the basic values—political, moral, and religious—upon which the Constitution rests.
2. Source of Authority: It establishes that the authority of the Constitution derives from the people of India.
3. Nature of the State: The terms “sovereign,” “socialist,” “secular,” “democratic,” and “republic” define the Indian state’s character.
4. Objectives: It outlines the goals of the Constitution, including justice, liberty, equality, and fraternity.
5. Historical Context: The Preamble marks November 26, 1949, as the date of the Constitution’s adoption and reflects the noble vision of the Constituent Assembly.

Is the Preamble Part of the Constitution?

Initially, in the Berubari Union case (1960), the Supreme Court did not consider the Preamble as part of the Constitution. However, the landmark Kesavananda Bharati case (1973) affirmed its integral status, stating that it is essential to Constitutional Law. This view was reiterated in the S. R. Bommai case (1994).

Thus, the Preamble is recognized as a vital part of the Constitution, serving as its “identity card” (Source: Supreme Court rulings).

Model Answer

Introduction

The Indian Constitution is often referred to as a “living document” because of its ability to adapt to the evolving needs of society. Through a combination of amendments and judicial interpretations, it has consistently reflected the changing aspirations of the people and the state. This flexibility is ensured by provisions in both the Legislature (Article 368) and the Judiciary (Articles 13 and 32).

Key Amendments and Evolution

Equitable Distribution
Post-independence, the Constitution was amended to address economic disparities. For instance, the First Constitutional Amendment Act, 1951 inserted Article 31A, allowing the state to acquire estates for public welfare, addressing inequalities between landowners and tillers.

Decentralization
In 1992, the 73rd and 74th Constitutional Amendments empowered local self-government by establishing Panchayati Raj Institutions and urban local bodies, promoting grassroots democracy and decentralization of power.

Digitisation and Data Privacy
With technological advancements, the Puttaswamy vs. Union of India case (2017) expanded the scope of Article 21 by recognizing the right to privacy as a fundamental right, reflecting the need for digital rights protection in governance.

Affirmative Action
The 103rd Constitutional Amendment Act, 2019 introduced a 10% reservation for Economically Weaker Sections (EWS), showing the Constitution’s adaptability in addressing new forms of inequality.

Political Stability
The 52nd Constitutional Amendment Act, 1985 added the Tenth Schedule, aimed at preventing political defections, thus ensuring political stability in the country.

Conclusion

The Basic Structure Doctrine, established in the Kesavananda Bharati case (1973), ensures that while the Constitution can evolve through amendments, its core values remain intact. The Indian Constitution, through its flexible framework, continues to meet contemporary challenges, making it a dynamic and living document that resonates with the changing socio-political landscape.

Model Answer

Introduction

The Indian Constitution is a dynamic document that embodies the principles of unity, equality, and fraternity. It promotes a sense of brotherhood and common identity among all citizens, transcending the diverse social, cultural, and religious backgrounds of the population.

How the Indian Constitution Promotes Brotherhood and Common Identity

1. Preamble: Unity in Diversity
   • Provision: The Preamble declares India as a sovereign, socialist, secular, democratic republic.
   • Significance: This foundational statement establishes an inclusive society, promoting fraternity and unity while respecting India’s rich diversity.
2. Fundamental Rights: Ensuring Equality
   • Provision: Articles 14 to 18 guarantee equality before the law and prohibit discrimination based on religion, race, caste, sex, or place of birth.
   • Impact: These rights ensure equal treatment for all citizens, fostering a sense of unity among diverse groups by affirming their shared dignity and rights.
3. Secularism: Respect for All Religions
   • Provision: The Constitution establishes India as a secular state, ensuring equal respect for all religions.
   • Example: This guarantees religious freedom and promotes tolerance, creating an environment where people of different faiths can coexist harmoniously.
4. Directive Principles of State Policy: Promoting Welfare
   • Provision: Articles 36 to 51 encourage the state to promote the welfare of the people, securing social and economic justice.
   • Effect: These principles guide the government’s efforts to unite citizens by working toward the common good and ensuring equitable opportunities for all.
5. Cultural and Educational Rights: Preserving Diversity
   • Provision: Articles 29 and 30 protect the rights of minorities to preserve their culture, language, and script.
   • Importance: By safeguarding cultural diversity, the Constitution fosters inclusion and respect, strengthening national unity.
6. Representation of Diverse Groups
   • Provision: Reservation policies for underrepresented communities in legislatures and government jobs.
   • Outcome: These policies ensure participation from all sections of society, promoting a sense of belonging and unity across diverse communities.
7. Language Policy: Linguistic Harmony
   • Provision: Articles 343 to 351 provide a balanced approach to language, giving Hindi a special status while respecting regional languages.
   • Effect: This policy promotes linguistic unity while respecting the country’s linguistic diversity, helping maintain national cohesion.
8. National Symbols: Common Identity
   • Feature: National symbols like the National Flag and the National Anthem.
   • Role: These symbols serve as a unifying force, representing India’s collective identity and transcending regional and cultural differences.
9. Judicial Decisions Upholding Unity
   • Role: Supreme Court rulings reinforce the constitutional values of unity and brotherhood.
   • Example: Decisions upholding secularism and equality strengthen the idea of a unified India, where all citizens are treated equally.
10. Federal Structure: Unity in Governance
    • Feature: India’s federal structure balances a strong central government with autonomous states.
    • Impact: This system accommodates regional diversity while promoting national unity, reinforcing a shared identity among citizens.

Conclusion

The Indian Constitution successfully balances the country’s immense diversity with the necessity for unity and integrity. This sense of “unity in diversity” is not merely a constitutional ideal but a living reality, ensuring that all citizens, irrespective of their background, experience a sense of common identity and fraternity.