Constitutional Values

• The values expressed in the Preamble are

expressed as objectives of the Constitution. These
are: sovereignty, socialism, secularism, democracy,
republican character of Indian State, justice, liberty,
equality, fraternity, human dignity and the unity
and integrity of the Nation.
• The term ‘Preamble’ refers to the introduction or
preface to the Constitution. It contains the
summary or essence of the Constitution.
• Every Constitution has a philosophy of its own. For
the philosophy underlying our Constitution We
must look back into the historic objective resolution
of Pandit Nehru, which was adopted by the
Constituent Assembly on 22 January 1947, which
inspire the shaping of the Constitution through all
its subsequent stages.
• Though by itself, it is not enforceable in a court
of law, the preamble to original Constitution
states the major objectives which the
Constitution seeks to establish and promote and
also aid the legal interpretation of the
Constitution, where the language is found to be
ambiguous. The preamble to the Constitution
serves two purposes:
• It indicates the source from which the
Constitution derives its authority.
• It also states objects which constitution seeks to
establish and promote.
 Some statements by eminent
personalities regarding the preamble
of the Indian constitution
• ‘Identity card of the constitution’- NA Palkhivala
• ‘The horoscope of our constitution’- Dr KM
Munshi
• ‘Key-note of the constitution’- Sir Ernest Baker
• “Political democracy cannot last unless there lies
at the base of it social democracy. What does
social democracy mean? It means a way of life
which recognizes liberty, equality and fraternity as
the principles of life.”- Dr BR Ambedkar
 INDEPENDENT AND SOVERIGN
• Unlike the preceding Government of India Acts,
India is not a gift of the British parliament.
• It is ordained by the people of India through their
representative assembled in a Constituent
Assembly, which was competent to determine the
political future of the country in any manner it liked.
• The words, “WE the people of India adopt enact
and give us this constitution” thus declared the
ultimate sovereignty of the people of India and that
the Constitution rest on their authority, sovereignty
means independent authority of state.
• It means that it has the power to legislate on any
subject and that it is not subject to any control of
any other state or external power.
• The preamble declares therefore in unequivocal
terms that the source of all authority and the
Constitution is the people of India and that there is
no subordination to any external authority.
• While Pakistan remained the British Dominion until
1956. India ceased to be a dominion and declared
herself a Republic, since the making of the
Constitution in 1949.
• It means a government by the people and for the
people.
• On and from 26 January 1950, when the constitution
came into force, the crown of England, see to have
any legal or constitutional authority over India, and
no citizen of India was to have any allegiance to the
British crown.
• India's transition to a republic in 1949 reshaped its
relationship with the British Commonwealth. While
India chose to remain part of the Commonwealth, it
did so on its own terms, without pledging allegiance
to the British crown. This move redefined the nature
of the Commonwealth, turning it from a relic of
imperialism into a voluntary association of
independent nations. At the Prime Ministers’
conference in London, Prime Minister Nehru
affirmed India's commitment to the Commonwealth
but made it clear that this decision was not legally
binding and was not enshrined in India's
constitution. Instead, it represented a voluntary
association with no formal obligations.
 Democratic
• The picture of a democratic republic which the preamble
envisages is democratic not only from the political but also
from the social standpoint. In other words it envisages not only
a democratic form of government but also a democratic society
infuses with the spirit of Justice, liberty, equality and
fraternity.

• There are no agencies of direct control by the people such a

referendum or initiative.
• The Constitution holds out equality to all citizens in the matter
of choice of their representatives who run the governmental
machinery.
• Also known as a Parliamentary democracy, it envisages
• representation of the people,
• responsible government and
• accountability of the council of ministers to the legislature.
• The picture of a democratic Republic, which is the
preamble envisages is not democratic, not only from the
political but also from social standpoint.
• In other words, it is not only a democratic form of
government but also a democratic society infused with the
spirit of justice, liberty, equality, and fraternity.
• As a form of government democracy which is envisaged, is
of course a representative democracy and there are in our
Constitution, no agencies of direct control by the people
such as referendum or initiative.
• The people of India are to exercise this out through a
parliament at the centre and a legislature in state which is
to be elected on adult franchise and to which the real
executive namely the council of minister shall be
responsible.
 Republic
• India is democratic republic, meaning, its offices are open to
every citizen of India unlike the UK where the highest office
in the country is reserved for the monarchy.
• The Preamble declares that the source of all authority
under the Constitution is a people of India and there is no
subordination to any external authority.
• While Pakistan remained British dominion until 1956 India
ceased to be a dominion and declared herself a
republic since making of the Constitution in 1949 it means
a government by the people and for the people, we have an
elected president as a hero first aid office, including that of
the President will be open to all citizen.
• India has adopted ‘Democratic Socialism’, i.e.,
Socialism by the consent of the people through
Parliamentary system of government based on free
elections with adult franchise.

• Socialism has to be ushered in by peaceful means

and within the democratic structure unlike Marxian
theory which presupposes the inevitability of the
use of violence for the establishment of a socialist
society.
• The Avadi Session of the Congress, 1955, aimed
at the establishment of a 'Socialistic Pattern of
Society.' The Jaipur Session, 1963, while affirming
its faith in non- violent means, discussed
'democracy and 'socialism'; and the
Bhubaneshwar Session, 1964, accepted
‘democratic socialism’.
 What is ‘Democratic Socialism’ anyhow
and how does it suit India?
• The vastness of the country with different cultural
affinities and the great economic disparities of the
regions with an under-developed economy, made
the Fathers of our Constitution choose a federal and
democratic form of government with a socialistic
tinge.
• Nehru declared once that ''democracy, if it means
anything, means equality; not merely equality of
possessing a vote but economic and social equality.“
• He was convinced that equality of opportunity
and individual dignity could be attained only in a
socialistic state which was governed by
democratic means and by democratic methods;
because, economic democracy without political
freedom becomes a mere facade.
• The goal envisaged by the Constitution, is that of a welfare state and establishment of a socialist state.
• At the Avadi session in 1955 congress explain this objective as establishing a socialist pattern of society by
a resolution.
• The planning should take place with a view to the establishment of a socialist pattern of society where the
principal means of production are under social ownership or control production is progressively speeded
up and there is equitable distribution of national wealth.
• Socialist pattern towards a socialist state, bringing industries and private enterprises under state
ownership and management and carrying on trade and business as a state function.
• socialism was ensured by inserting the word socialist in the preamble by the Constitution, 42nd
Amendment Act, 1976.
• It has been inserted to spell out expressly the high ideals of socialism.
• Socialism in the Indian context does not mean collectivism or complete nationalization of all means of
production .
• The socialism envisaged by the Indian constitution is not the usual scheme of state socialism which
involves nationalisation of all means of production and abolition of private property.
• The word socialism is vague. Our supreme court has observed that its principal aim is to eliminate
inequality of income and status and standards of life and provide a decent standard of life to the working
people.
• The Indian Constitution therefore does not seek to abolish private property all together, but seeks to put it
under restraints so that it may be used in the interest of the nation which includes upliftment of the poor.
• It envisages a mixed economy but aims at offering equal opportunity to all and abolition of vested interest.
• From 1992 onwards the trend is now away from socialism to privatisation. Investment in many public
enterprises has been diversity in favour of private persons and many industries and services which were
reserved for the government sector have been thrown open to private enterprise.
• India assumes the goal of socialism to usher into an egalitarian society through
democratic means. Constitution of India seeks to build a socialistic pattern of
society in which democracy is inculcated as a value. The role envisaged for the state
in this is to facilitate the process. Indian constitution views democracy not only
from political standpoint but also from social and economic standpoints. In the
socialistic order envisaged, equality and equity will be assured to every individual
by providing unconditional ‘right to access’ to all institutions—social, political and
economic. This will be possible only by democratizing all institutions.
• Only such a society can be an egalitarian society. Establishing ‘justice—social,
political and economic,’ is a prerequisite for ushering in such a social order.
Establishing such a social order is essential for securing the dignity of individual.
Given the multidimensional character of Indian society with certain evil practices
like untouchability, discrimination, differential and preferential treatments were
socially accepted.
• As a consequence, the ‘right to access’ to institutions were denied. This, in turn,
had rendered a section of the society weak, vulnerable and suffers from certain
‘undeserved wants’.
• To set this right and achieve egalitarianism, a democratic social order is needed and
the constitution seeks to achieve this by ushering in a ‘socialistic pattern of society’.
To create ‘socialistic pattern of society’, the constitution envisages a voluntary
socio-economic reorganization. Hence the constitution prescribes democracy more
as a ‘value’— individual, social, economic and political. The following figure
provides a representation of ‘socialistic pattern of society’ as envisaged by the
Constitution of India.
 Secular
• A secular state guarantees freedom of religion to all
the unity and fraternity of the people of India,
professing numerous faith has been sought to be
achieved by ensuring the ideals of secular state, which
means that the state protects all religions equally and
does not itself uphold any religion as a state religion
the question of secularism is not one of sentiments
but one of law.
• The secular objective of the state has been specifically
expressed by inserting the word secular in the
preamble by the Constitution 42nd amendment Act,
1976, the original framers of the Constitution adopted
article 25, 26,27 to further secularism.
• secularism is a part of the basic structure of the
constitution.
• Secular state which observes an attitude of neutrality and impartiality
towards all religions. A secular state founded on the idea that the state is
concerned with the relation between man and man and not with the
relation between man and God which is the matter for individual
conscience.
• The state shall treat all religions and religious groups equally and with equal
respect without any manner, interfering with their individual rights of
religion, faith and worship.
• There is no state religion.
• The state will not compel any citizen to pay any taxes for the promotion or
maintenance of any particular religion or religious institution.
• Secularism in India does not mean that the state should be hostile to
religion but it should be neutral as between religions.
• Every individual has a freedom to profess, practise his own religion and it
cannot be contended that if a person is a devout Hindu or devout Muslim,
he ceases to be secular.
• The use of the vague word secular in the Preamble or would not override
the enacted provisions in article 25 to 30.
• The neutrality of the state would be violated if religion is used for political
purposes and advocated by the political parties for their political ends .
• It is in the sense that secularism is to be regarded as a basic feature of the
Constitution.
• Famous political theorist Rajeev Bhargava,
argued that secularism is not against religion, it
opposes institutionalised religious domination.
• He is of the opinion that the secular state
shows “critical respect to all religious and
philosophical world views, possible only when it
adopts a policy of principled distance towards
all of them”.
 Political justice
• Political justice means the absence of any arbitrary distinction between man and
man in the political sphere. In order to ensure the political justice held out by the
preamble, it was essential that every person that of India is respective of his
educational qualifications or proprietary qualifications should be allowed to
participate in the political system, like any other person. Universal adult franchise
was adopted with this objective interview.
• This means that every five years members of the legislature of the union and of the
state shall be elected by the vote of the entire adult population. According to the
principle of one man one vote.
• The offering of equal opportunity to men and women, irrespective of their caste
and creed in the matter of public employment, also implement this democratic
ideal.
• The treatment of minority, even apart from Constitution safeguards clearly brings
out that the fellow of handling the constitution has not been overlooked by those
in power.
• The fact that members of the Muslim and Christian communities are as a rule being
included in the council of ministers of the union as well as the states in the
Supreme Court and even in diplomatic missions without any constitution in that we
have , demonstrates that those who are working in the Constitution have not
missed, its true spirit, namely that each and every citizen must feel that this
country Is his or her own.
 Economic Justice
• The banishment of poverty, not by expropriation of
those who have, but by the multiplication of the
national wealth and resources and an equitable
distribution thereof amongst all who contribute
towards its production, is the aim of the State
envisaged by the Directive Principles.
• Economic democracy will be installed in our sub-
continent to the extent that this goal is reached. In
short, economic justice aims at establishing economic
democracy and a 'Welfare State'.
• The ideal of economic justice is to make equality of
status meaningful and life worth living at its best
removing inequality of opportunity and of status-
social, economic and political. 15 Social justice is a
fundamental right.
 Social justice
• Social justice is a fundamental right. Social Justice is
the comprehensive form to remove social imbalance
by law harmonising the rival claims or the interests of
different groups or sections in the social structure.
• Social Justice to the weaker sections of the society:
Providing adequate means of livelihood; preventing
economic exploitation; giving facilities for their
educational and economic development; and
providing free legal aid.
• In other words social justice means that the state will
treat all citizens as equal and will not discriminate
between them on the basis of religion, caste, gender,
race, status or place of birth
• Social justice, equality and dignity of person are cornerstones of
social democracy. Social justice and equality are complementary
to each other so that both should maintain their vitality.
• Rule of law, therefore, is a potent instrument of social justice to
bring about equality in results.
• The absolute supremacy or predominance of regular law as
opposed to the influence of arbitrary power or wide discretionary
power. -Dicey
• Social justice consists of diverse principles essential for the
orderly growth and development of personality of every citizen.
• Social justice is not a simple or single idea of a society but it an
essential part of complex social change. The constitutional
concern of social justice, as an elastic continuous process, is to
transform and accord justice to all sections of the society by
providing facilities and opportunities to remove handicaps and
disabilities with which the poor, etc., are languishing. It aims to
secure dignity of their person.
• ‘Social justice’ is thus an integral part of justice in
the generic sense. Justice is the genus, of which
social justice is one of its species. Social justice is a
dynamic device to mitigate the sufferings of the
poor, weak, dalits, tribals and deprived sections of
the society and to elevate them to the level of
equality to live a life with dignity of person.’
 Liberty, equality, and fraternity
• Liberty, equality, and fraternity these three have to be secured and protected with
social justice and economic employment and political justice.
• All citizens under the rule of law.
• The mentions of these essential individual rights as freedom of thought, expression,
believe faith and worship, and these are guaranteed against all the authorities of the
state by part three of the Constitution, liberty should be coupled with social restaurant
and subordinated to the liberty of the greatest number of common happiness.
• Guarantee of certain rights to each individual would be meaningless unless all
inequality is vanished from the social structure and each individual is assured of
equality of status opportunity for the development of the Best in him, and the means
for the enforcement of the rights guaranteed to him.
• This objective is secured in the body of the Constitution by making illegal
discrimination by the state between citizen and citizen, simply on the ground of
religion, race caste, sex, place of birth by throwing open public spaces to all citizens by
abolishing and by abolishing titles of honour, by offering equality of opportunity in
matters relating to employment by guarantee equality before the law and equal
protection of law as justice rights.
• Democracy would indeed be hollow if it fails to generate the spirit of brotherhood
amongst all sections of the people are feeling that they all are children of the same soil,
the same mother land. It becomes all the more essential in a country like India, which is
composed of so many races, religion, cultural, and languages.
• However, fraternity cannot be established unless the dignity of
each of its members is upheld. The preamble asserts that the
State in India is obligated to ensure the dignity of every
individual. This objective is pursued through the Constitution's
provision of equal fundamental rights to all individuals. These
rights empower individuals to protect their basic entitlements
in a court of law if they are infringed upon by others.
• Recognizing that enforceable rights alone may not suffice to
uphold individual dignity in the face of deprivation and
suffering, the Constitution includes a set of Directives in Part
IV. These directives urge the State to formulate its social and
economic policies in a manner that guarantees, among other
things, the right to a decent livelihood for all citizens,
regardless of gender. Key articles such as Article 39 emphasize
just and humane working conditions, Article 42 highlights the
provision of a decent standard of living and full employment,
while Article 43 underscores social and cultural opportunities.