PREAMBLE OF THE INDIAN CONSTITUTION

Preamble

The American constitution was the first to begin with a preamble. Many counties, including India, followed this practice. A preamble is an introductory and Expressionary statement in a document that explains the document’s purpose and underlying philosophy.

Historical Background

On December 13, 1946, Nehru moved the ‘Objective Resolution’ in the Constituent Assembly. This resolution defined the basic goal or purpose of the Indian Constitution. The same resolution was later modified and adopted as the Preamble to the Indian Constitution.

Provisions of the Objectives Resolution: 

  1. It proclaimed India to be an independent Sovereign Republic. 
  2. It declared the aim of the Constituent Assembly to write a constitution which fosters unity of the nation and ensures it’s economic and political security. 
  3. All powers and authority of sovereign and independent India and its constitution shall flow from the people. 
  4. India to have a Federal form of government with Division of Powers between the Centre and the States. 
  5. All people of India shall be guaranteed and secured social, economic, and political justice; equality of status and opportunities and equality before the law; and fundamental freedoms – of speech, expression, belief, faith, worship, vocation, association and action – subject to law and public morality. 
  6. To provide adequate safeguards to the minorities, backward and tribal areas, depressed and other backward classes. 
  7. To maintain the integrity of the territory of the Republic and the sovereign rights on land, sea and air according to the law of civilized nations. 
  8. To attain a rightful and honored place in the world and make willing contribution to the promotion of world peace and the welfare of mankind. 

Components of the Preamble:

  1. Source of authority for the Constitution – The Preamble states that the Constitution derives its authority from the people of India.
  2. Nature of Indian State – It declares India to be a Sovereign, Socialist, Secular Democratic, and Republican Polity.
  3. Objectives of the Constitution – It specifies Justice, Liberty, Equality, and Fraternity as the objectives.
  4. Date of adoption of the Constitution – It stipulates November 26, 1949, as the date of its adoption.

Significance of preamble with scholar’s Viewpoints

  1. In Sajjan Singh vs State of Rajasthan, Justice Madholkar said that the Preamble had the stamp of “deep deliberation”, was “marked by precision” and the “framers of the Constitution attached special significance to it.” The Preamble was “an epitome” of the broad features of the Constitution which were an amplification or concretization of the concepts set out in the Preamble.
  2. Sir Alladi Krishnaswami Iyer’s View: Describes the Preamble as the expression of long-held thoughts and dreams.
  3. K.M. Munshi’s Perspective: Considered the Preamble as the “horoscope” of India’s sovereign democratic republic.
  4. Pandit Thakur Das Bhargava described the Preamble as the most precious part and soul of the Constitution. A yardstick to measure the worth of the Constitution.
  5. Sir Ernest Barker’s Tribute: An English political scientist, Barker called the Preamble the “keynote” of the Constitution and quoted it in his book Principles of Social and Political Theory (1951).
  6. M. Hidayatullah’s Observation: A former Chief Justice of India compared the Preamble to the Declaration of Independence of the USA, asserting it is more than a declaration—it is the soul of the Constitution, defining the structure of India’s political society.

Debate surrounding whether preamble is part of constitution or not

  1. Berubari Case (1960) – the Supreme Court held that the Preamble serves as a guide to understand the framers’ intentions but is not part of the Constitution and is not enforceable in a court of law. Justice Gajendragadkar stated that the Preamble does not confer substantial powers on the state, using it as a reference under Article 143(1) regarding the Indo-Pakistan Agreement.
  2. In Golak Nath v. State of Punjab, Justice Hidayatullah observed that the Preamble represents the core principles guiding the functioning of the government and described it as the “very soul” of the Constitution, eternal and unalterable.
  3. In Bharti Chandra Bhavan v. State of Mysore, the Court emphasized that the scope of Directive Principles and Fundamental Rights can be better understood by referring to the objectives outlined in the Preamble.
  4. Kesavananda Bharati Case:
    • The Preamble is not the supreme power or source of any restriction or prohibition but it plays an important role in the interpretation of statutes and provisions of the Constitution.  So, the preamble is part of the introductory part of the Constitution.
    • Justice Sikri held: The Preamble was not only very much a part of the Constitution, but was of extreme importance and the Constitution should be read and interpreted in the light of grand and noble vision expressed in the Preamble. Any provisions of the Constitution could be amended under article 368 only within the broad contours of the Preamble and of the Constitution.
    • In the words of the learned Supreme Court, The edifice of our Constitution is based upon the basic elements mentioned in the Preamble. If any of these elements are removed, the structure will not survive and it will not be the same Constitution or it cannot maintain its identity.
  5. The 1995 case of Union Government Vs LIC of India: The Supreme Court has once again held that Preamble is an integral part of the Constitution but is not directly enforceable in a court of justice in India.

Salient Features and keywords in Preamble

Sovereignty:

  1. Sovereignty refers to the supreme authority and power that a government or state possesses within its borders. According to Bodin, “Sovereignty is the supreme power of the State over citizens and subjects unrestrained by law”
  2. Popular Sovereignty – The principle of popular sovereignty is concept of the social contract and asserts that the origin of governmental power, or sovereignty, resides in the people. 
  3. There are two primary aspects of sovereignty:
    • Internal Sovereignty: It includes the power to create and enforce laws, maintain order, and govern institutions within the country.
    • External Sovereignty: External sovereignty entails the right to conduct foreign policy, engage in diplomatic relations, and make decisions without undue influence from external forces.

Other Key Attributes of Sovereignty:

  1. Political Authority: Sovereignty grants the state ultimate authority over all governance.
  2. Exclusivity: The state holds exclusive control over its affairs, free from outside interference.
  3. Territoriality: Sovereignty applies to a specific geographic area under state control.
  4. Recognition: International acknowledgment legitimizes a state’s sovereignty.
  5. Legal Autonomy: Sovereign states independently create and enforce their laws.
  6. Internal/External: It involves both domestic control and international independence.
  7. Legitimacy: Sovereignty is tied to government legitimacy, often from public consent.
  8. Defense: The state is responsible for national security and citizen protection.

Sovereignty under the Indian Constitution:

  1. Preamble: The Preamble asserts that the Indian Constitution, adopted on November 26, 1949, derives its authority from the people, affirming India as a sovereign democratic republic.
  2. Article 51A(c): Citizens are constitutionally obligated to uphold and protect India’s sovereignty, unity, and integrity.
  3. Oaths in Third Schedule: The commitment to safeguard India’s sovereignty, unity, and integrity is mandatory in the oaths of Chief Justices, Union Ministers, and MPs.

Limitations of Sovereignty:

  1. Constitutional Limitations
    • Fundamental Rights: The judiciary protects these rights by reviewing and striking down any government actions that violate them.
    • Judicial Review: Under Article 13, courts can nullify laws that are unconstitutional, ensuring legal compliance with the Constitution.
    • Separation of Powers: Article 50 ensures no single branch dominates, maintaining a balance of power in governance.
    • Federal Structure: Central and state governments share authority across Union, State, and Concurrent Lists, limiting absolute control by either.
  2. The Basic Structure Doctrine(Kesavananda Bharati v. State of Kerala)
  3. International Limitations
    • International Treaties: Agreements like the WTO limit sovereignty in areas such as subsidies, requiring adherence to global regulations.
    • Human Rights Standards: Sovereignty may be constrained when domestic policies conflict with international human rights obligations.
    • Economic Interdependence: Global trade and financial agreements influence domestic policies, reducing absolute control over economic decisions.
    • International Law: Compliance with international norms, such as UNCLOS, restricts sovereignty in specific legal contexts.
  4. Moral Limitations – religious, moral, and legal values like Justice and Fairness, protection of minorities, Accountability and transparency. Eg- No First Use Nuclear Policy.

Impact of Globalization on Sovereignty:

Globalization is considered a ‘double-edged sword’. The complex process of increased interconnectedness and interdependence among countries around the world has both empowered and challenged the traditional concept of state sovereignty.

  1. Political Implications: Globalization spreads democratic values but challenges sovereignty through institutions like the EU, which imposes supranational governance on member states.
  2. Economic Impact: Globalization boosts trade and investment, fostering growth, but exposes states to crises like the 2008 financial meltdown, which had global repercussions.
  3. Multinational Corporations: These entities hold significant cross-border influence, often challenging the regulatory powers of individual nations.
  4. Cultural Dynamics: While promoting cultural exchange, globalization risks eroding traditional identities through homogenization.
  5. Information Technology: IT accelerates cultural globalization, reshaping national values, as seen in social media’s role in the Arab Spring.
  6. Global Challenges: Global crises, like climate change and pandemics, require multilateral solutions, as illustrated by the COVID-19 pandemic.

Recent News

SC in its judgment on Article 370 has held that Jammu and Kashmir ceded its sovereignty to the Dominion of India “absolutely and completely”. It also held that the restraint on the Parliament to enact certain laws in Jammu and Kashmir was due to limitations on enacting laws on subjects in the State List of the Indian Constitution.

Socialism

It is a governmental system that advocates community ownership and control of all lands and businesses rather than individual ownership. The word ‘Socialist’, added in the Preamble by 42nd Amendment Act, 1976 aims to eliminate inequality in income, status and standard of living.

Types of socialism

  1. Revolutionary Socialism: Advocates rapid societal transformation through revolution rather than gradual reforms.
  2. Democratic Socialism: Promotes socialism through democratic means, with a mixed economy model. Eg: Nordic countries (Sweden, Norway).
  3. Scientific Socialism: Marx and Engels’ theory that capitalism will give way to socialism via proletarian revolution.
  4. Anarcho-Syndicalism: Calls for direct action by labor unions to establish a stateless, socialist society. Eg: Spanish Revolution (1936-1939).
  5. Market Socialism: Combines markets with socially owned production, like worker cooperatives. Eg: Yugoslavia under Tito.
  6. Ecological Socialism: Integrates environmentalism into socialism, focusing on sustainable development. Eg: Global Green Party movements.
  7. Reformist Socialism: Seeks change through democratic reforms rather than revolutionary means.

Indian Socialism

  1. 42nd Amendment, 1976: The term “Socialist” was added, but the Directive Principles of State Policy (DPSPs) already reflected socialist ideals.
  2. Nehruvian Socialism: Indian socialism emphasized state-led industrialization, central planning, and public sector control of key industries.
  3. Five-Year Plans: Inspired by socialist planning, these plans promoted industrialization and economic development through significant state intervention.
  4. Public Sector Dominance: The government controlled key industries like steel and mining through public enterprises.
  5. Land Reforms: Socialist principles drove land distribution efforts to address rural inequality.
  6. Mixed Economy: The public sector dominated strategic industries, while the private sector operated in various other areas.
  7. Gandhian Socialism – 
    • For Gandhi, socialism meant equality, where all—prince, peasant, wealthy, poor, employer, and employee—are equal.
    • Marxist vs Gandhian Socialism: While Marxist socialism advocates collective ownership and abolishing private property, Gandhian socialism emphasizes self-reliance, cottage industries, and rural revitalization.
    • Article 40: Promotes village panchayats to handle local administration, in line with Gandhian ideals.
    • Article 43: Encourages the promotion of cottage industries in rural areas. Eg: Khadi and Village Industries Commission (KVIC).
    • Article 43(B): Supports the voluntary formation and democratic control of cooperative societies (97th CAA, 2011).
    • Social Justice and Welfare: Articles 15, 16, and 46 uphold social justice, preventing discrimination and supporting marginalized sections, reflecting Gandhian Sarvodaya ideals.

Significance of socialism

  1. Inclusive Development: Policies like reservations and Public Sector Enterprises uplift marginalized groups and drive industrialization.
  2. Land Reforms: Abolition of intermediaries and land ceilings aimed at equitable land distribution and promoting rural equality.
  3. Welfare Programs: Programs like MGNREGA and PDS provide social security; MGNREGA reduced poverty by up to 32%.
  4. Panchayati Raj Institutions: Empower communities and promote grassroots democracy. Eg: Kerala’s decentralized planning model.
  5. Mixed Economy: Post-LPG, private enterprises play a role, but public entities like Indian Railways and LIC remain integral.
  6. Affordable Healthcare: NHM and Ayushman Bharat provide affordable healthcare, reflecting socialist goals of welfare.
  7. Education for All: The RTE Act ensures free, compulsory education for children aged 6 to 14, promoting equal opportunities.
  8. Workers’ Rights: Laws like the Minimum Wages Act and Factories Act ensure justice for workers.
  9. Poverty Alleviation: Programs like PMAY and NRLM aim to reduce poverty and enhance vulnerable populations’ well-being.

Challenges to socialism in India

  1. Economic Liberalization: Post-1991 reforms reduced public sector share from 35% in 1991 to 22% in 2020, shifting towards a market-driven economy.
  2. Inefficient Public Sector: Air India incurred losses of over ₹70,000 crore by 2020, highlighting inefficiencies in state enterprises.
  3. Wealth Inequality: As per Oxfam’s 2022 report, the top 1% in India held over 40.5% of the country’s total wealth, exacerbating inequality.
  4. Land Reform Implementation: By 2013, land reforms redistributed only 4% of India’s total agricultural land, leaving large tracts in the hands of landlords.
  5. Privatization Trends: The government’s target for FY 2022-23 was to raise ₹65,000 crore through privatization, further reducing public ownership.
  6. Corruption in Welfare: Reports showed that 48% of MGNREGA funds were delayed in 2018, with inefficiencies affecting scheme execution.
  7. Globalization Pressures: WTO obligations limited India’s agricultural subsidies under the Agreement on Agriculture, restricting state control.
  8. Cultural and Political Resistance: Opposition to farm laws in 2020 reflected resistance to reduced state intervention in agriculture, a key socialist sector.

SC judgments on Socialism

  1. D.S. Nakara v. Union of India (1983): Expanded pension schemes, promoting social justice for retired government employees.
  2. Olga Tellis v. Bombay Municipal Corporation (1985): Recognized livelihood as part of the right to life under Article 21, underscoring the state’s role in ensuring social justice.
  3. Bandhua Mukti Morcha v. Union of India (1984): Upheld the right to dignity and fair wages as Fundamental Rights, emphasizing the state’s obligation to eliminate practices that conflict with socialist ideals of justice and equality.
  4. Minerva Mills v. Union of India (1980): Reaffirmed socialism as promoting economic equality and welfare state principles.
  5. Ashoka Kumar Thakur v. Union of India (2008): Upheld reservations as a tool for social justice, supporting equality for marginalized groups.
  6. Excel Wear v. Union of India (1979): Balanced socialism with individual rights, ruling that socialism should not undermine the right to conduct business.
  7. J.K. Industries v. Union of India (2007): Emphasized state intervention to protect workers’ rights, reflecting socialist labor welfare principles.

Secularism

Secularism is a principle or ideology that advocates for the separation of religious institutions and beliefs from the affairs of the state, government, or public institutions. 

According to Akeel Bilgrami, Secularism consists of three commitments

  1. Freedom of religious belief and practice, 
  2. Principles enshrined in the constitution such as equality, freedom of speech, gender equality 
  3. Meta-commitment, which says if there is a clash between the first and second commitments, the second commitment must get priority

Secularism under the Indian constitution

  1. Article 15: Prohibits discrimination based on religion, race, caste, sex, or place of birth, ensuring equal treatment by the state.
  2. Article 16: Guarantees equality of opportunity in public employment, prohibiting discrimination on various grounds.
  3. Articles 25-28: Ensures freedom of religion, allowing individuals to practice and propagate their religion, subject to public order.
  4. Article 28: Protects the rights of minorities to establish and manage educational institutions.
  5. Articles 29 & 30: Provide cultural and educational rights to protect minority interests.
  6. Article 44: Promotes the idea of a Uniform Civil Code to establish common laws for all citizens.
  7. Article 51A: Fundamental duty to promote harmony, preserve cultural heritage, and foster brotherhood.

Significance of secularism

  1. Religious Pluralism: Secularism maintains social harmony, allowing diverse religious groups to coexist peacefully. Eg: India’s celebration of multiple religious festivals, like Diwali, Eid, and Christmas.
  2. Protection of Individual Rights: Secularism protects the right to practice any religion or none without discrimination. Eg: Article 25 guarantees freedom of religion.
  3. Constitutional Framework: Secularism is embedded in the Preamble, with Articles 15, 25-28 ensuring religious freedom and equality.
  4. Equality and Inclusion: It prevents religious favoritism, promoting an inclusive society. Eg: The government’s neutrality in issues like temple and mosque disputes.
  5. Protection of Minority Rights: Secularism protects minority rights to establish institutions, as per Articles 29 and 30. Eg: Christian and Muslim minority schools.
  6. Prevention of Religious Discrimination: It separates religion from state power, discouraging the imposition of religious beliefs. 
  7. Promotion of Rational Governance: Policies are based on rationality, not religious beliefs. Eg: Legislation on education, like the Right to Education Act, applies uniformly across communities.
  8. Political Inclusivity: Secularism discourages religion-based political mobilization, promoting broad-based leadership. 
  9. Safeguard Against Religious Conflict: Secularism acts as a safeguard against communal violence by ensuring the state remains neutral in religious matters.

Western vs Indian secularism

Western secularismIndian secularism
Implies a clear and distinct division between religious institutions and governmental affairs. Eg- the French laïcité model bans religious symbols in public institutions.Represents the positive notion of secularism, wherein equal reverence is accorded to all religious beliefs.
Evolved during the European Renaissance as a response to widespread corruption in the Church and undue interference in state matters.It originated in the ancient Vedic era and is grounded on religious pluralism (Sarva Dharma Samabhav and Dharma Nirapekshata.)
Equal distance model – religion is generally seen as a private matter, and the state aims to maintain equal distance from all religious institutions.Principled distance model – Recognizes religion’s societal role, accommodating diverse beliefs with state support and promoting religious pluralism and coexistence.
Individual rights take precedence in Western secularism.Extends beyond individual rights to also address the concerns and rights of religious and cultural minority communities.
It does not accommodate the notion of state-sponsored religious reform.It is in harmony with the concept of state-sponsored religious reform.
Eg- Article 17, Triple Talaq Ban

Criticism of and Threats to Indian Secularism

  1. Selective Secularism: Rising religious nationalism and incidents like mob lynching have heightened communal tensions, showing state favoritism.
  2. Minority Appeasement: Parties have been accused of targeting specific religious groups for electoral gains, raising concerns about vote-bank politics. Eg: Promises of religious quotas during elections.
  3. Religious Intervention in State Matters: Government control over Hindu temples in some states has sparked debates over the state’s role in religious affairs.
  4. Lack of Uniform Civil Code: Personal laws based on religion contribute to legal inequalities, hindering a uniform legal framework.
  5. Rise of Communal Tensions: Inadequate state action against communal conflicts questions the success of secularism in fostering religious harmony.
  6. Inadequate Protection of Free Speech: Secularism has been criticized for limiting free speech, especially in cases of religious criticism or satire.
  7. Ineffectiveness in Addressing Social Issues: Indian secularism has struggled to address caste discrimination, despite its commitment to social justice.
  8. Need for Reinterpretation: There is a call to realign secularism with contemporary challenges, ensuring fairer application across all religious communities.

Scholar views

  1. Rajeev Bhargava: Critiqued “principled distance,” arguing it may not adequately address India’s complex religious diversity. He advocates for a more nuanced, context-specific approach.
  2. Martha Nussbaum: Criticizes secularism’s failure to fully address gender justice, calling for stronger protection of women’s rights in religious communities.
  3. Asghar Ali Engineer: Advocates interfaith dialogue and criticizes secularism’s failure to tackle socio-economic disparities among religious minorities, calling for inclusive policies.

SC judgments related to secularism

  1. S.R. Bommai v. Union of India (1994): The Court held that secularism is a basic feature of the Constitution, asserting that the state must remain neutral and not favor any religion.
  2. Aruna Roy v. Union of India (2002): The Court upheld the inclusion of value-based education, stating it does not infringe on the secular nature of the Constitution, as long as it does not promote any particular religion.
  3. M.P. Gopalakrishnan Nair v. State of Kerala (2005): The Court emphasized that no religious instruction shall be provided in government-aided schools, protecting secularism in education.
  4. Kesavananda Bharati v. State of Kerala – the Supreme Court of India held that secularism is a part of the basic structure of the Constitution.
  5. Ahmedabad St. Xavier’s College v. State of Gujarat – the Supreme Court held that secularism neither means anti-God nor pro-God. Secularism, therefore, eliminates the concept of God in matters of the state.

Way forward

  1. Strengthen Constitutional Safeguards: Ensure strict adherence to Articles 15, 25-28, and 44 to promote religious equality and protection of individual rights.
  2. Uniform Civil Code (UCC): Gradually implement the UCC to eliminate disparities in personal laws and promote a common legal framework, ensuring equal treatment across communities.
  3. Promote Interfaith Dialogue: Encourage platforms for interfaith dialogue to foster mutual understanding and reduce religious tensions.
  4. Improve Education on Secularism: Integrate secularism into school curricula to instill the values of equality, tolerance, and respect for all religions from a young age.
  5. Curtail Communal Politics: Enforce strict laws against using religion in political mobilization and electoral campaigns to prevent communal divisions.
  6. Address Socio-Economic Disparities: Focus on socio-economic development of religious minorities to reduce inequalities and foster an inclusive, secular society.
  7. Media Responsibility: Promote responsible media reporting that avoids sensationalizing religious issues and encourages balanced, respectful coverage of religious matters.
  8. Strict Action Against Hate Crimes: Implement stringent laws to address communal violence, mob lynching, and hate crimes that threaten secularism.
  9. Promote Secular Public Spaces: Encourage cultural events, public platforms, and policies that celebrate India’s religious diversity while upholding secular values.

Quotes

  1. Shashi Tharoor: “Indian secularism has always been the idea of India. This idea of India is that it is not just a country; it’s an idea, a pluralistic idea.”
  2. Maulana Abul Kalam Azad: Secularism is not confined merely to political democracy but goes much beyond that. It is a political, social and cultural process.”

Democracy

Democracy is a system of government in which power is vested in the hands of the people, either directly or through elected representatives. The word democracy comes from the Greek words “demos”, meaning people, and “kratos” meaning power; so democracy can be thought of as “power of the people“: a way of governing which depends on the will of the people.

Types of democracy

  1. Direct democracy : When people directly express their will or vote on matters of public interest, the type of government is known as direct democracy. Ex. Switzerland 
  2. Indirect democracy : When people express their will on matters of public interest through their elected representatives, the type of government is known as indirect or representative democracy. Ex. India

Democracy under the Indian constitution

  1. Preamble: Declares India as a democratic republic, where ultimate power resides with the people.
  2. Article 75: Establishes a parliamentary democracy where the executive is accountable to the legislature for its actions.
  3. Universal Adult Franchise (Article 326): Ensures all adult citizens have the right to vote, reinforcing democratic participation.
  4. Periodic Elections (Articles 170, 172, 174): Mandates regular elections to uphold democracy.
  5. Rule of Law (Article 14): Ensures equality before the law, a cornerstone of democratic governance.
  6. Fundamental Rights (Articles 14-32): Guarantee essential rights like equality, free speech, and personal liberty, necessary for democratic functioning.
  7. Social and economic democracy – 
    • Article 38 (DPSPs): Secures a social order promoting welfare and aims to reduce income inequalities, supporting social and economic democracy.
    • Right to Equality (Articles 14-18): Guarantees equality before the law, prohibiting discrimination on grounds of religion, race, caste, sex, or place of birth.
    • Reservation Policies (Articles 15(4) and 16(4)): Provide reservations in education and employment for backward classes, promoting social justice and representation.
    • Right to Work (Article 41): Directs the state to ensure the right to work, education, and assistance, offering economic security.
    • Protection against Exploitation (Articles 23 & 24): Prohibit forced and child labor, safeguarding citizens from exploitation.

Need For Democracy

  1. Instrumental Value (Amartya Sen): Democratic governance is essential for achieving societal goals like economic development, social justice, and individual freedoms. Sen’s capability approach stresses the role of political rights in enabling individuals to lead fulfilling lives.
  2. Inclusivity: Democracy ensures diverse voices are heard, as seen in the PESA Act and the 5th and 6th Schedules, which represent tribal communities.
  3. Accountability: Regular elections hold representatives accountable, as demonstrated by the change in government post-Emergency.
  4. Protection of Rights: Democracy safeguards the rights of minorities, women, and marginalized groups, contributing to social equity.
  5. Stability and Peace: It encourages open debate, fostering reasoned collective decisions, not coercion.
  6. Course Corrections: Democracy allows for rectification of past mistakes, exemplified by the Prime Minister’s apology to the Sikh community for 1980s atrocities.
  7. Economic Development: Rule of law and respect for property rights in democracies attract investment, promoting a stable economic environment.
  8. Entitlements and Justice (Amartya Sen): In Development as Freedom, Sen argues that democracy ensures fair distribution of resources and opportunities.
  9. International Standing: India, as the world’s largest democracy, influences global discourse on democratic values and governance.

Reasons behind the resilience of Indian Democracy

  1. Strong Constitutional Framework: India’s federal system (Article 245) divides power between the center and states, fostering regional participation. The independent judiciary ensures the rule of law and protects fundamental rights (Part III).
  2. Free and Fair Electoral Process: India’s elections are peaceful, with universal adult suffrage (Article 326). The Election Commission ensures fair elections, with advancements like VVPAT for transparency.
  3. Independent Judiciary: Key judgments like Maneka Gandhi v. Union of India (1978) and Kesavananda Bharati v. State of Kerala (1973) safeguard rights and uphold the Constitution’s basic structure.
  4. Peaceful Transfer of Power: India’s acceptance of electoral outcomes underscores the strength of democratic institutions.
  5. Strong Institutional Framework: Bodies like the CAG and Election Commission act as checks on power. Eg: The CAG report on the 2G scam highlighted corruption.
  6. Accommodation of Diversity: The rise of regional parties and new entrants like AAP shows the system’s adaptability to diverse political aspirations.
  7. Vibrant Civil Society and Media: Organizations like ADR advocate for transparency and accountability in governance. Eg: ADR pushes for electoral reforms.
  8. Resilient Democratic Culture: Movements like Chipko, Narmada Bachao Andolan, and Anna Hazare’s anti-corruption movement showcase citizens’ active role in shaping democratic processes.

Threats to Indian democracy

  1. Political Threats:
    • Decline of Parliament: Disruptions, declining committee productivity, and reduced sitting days illustrate this trend. Eg: Lok Sabha sittings fell from 121 days annually (1952-70) to 56 days in 2022 (PRS report).
    • Authoritarianism: Authoritarian tendencies erode democratic principles like freedom of expression and the rule of law. Eg: Emergency in 1975 curtailed civil liberties and democratic processes.
    • Political Polarization: Divisive politics based on religion or caste deepens societal divisions and weakens trust in institutions. Eg: Delhi Riots in 2020 fueled religious polarization.
    • Dynastic Politics: Concentration of power in political families undermines meritocracy, limiting competition and accountability.
  2. Economic Threats:
    • Widening Economic Inequality: Growing economic disparity undermines equal representation and access to power. Eg: Oxfam report shows the top 10% of Indians hold 77% of the national wealth.
    • Corruption: Corruption distorts democratic processes, eroding trust in institutions and fairness. Eg: Scandals like the 2G scam, Coal scam, and paper leaks highlight systemic issues.
    • Crony Capitalism: It enables the capture of state resources and policies for private gain, undermining democratic accountability and economic fairness.
  3. Social Threats:
    • Communal Tensions and Violence: Religious or ethnic violence weakens social cohesion and governance by fostering polarization. Eg: Gujarat riots of 2002 intensified religious divisions.
    • Caste-based Discrimination: Persistent caste inequalities limit marginalized communities’ political participation, undermining equal representation. Eg: Una flogging incident in 2016 showcased deep-rooted caste bias.
    • Gender-based Discrimination: Gender inequality restricts women’s political participation. Eg: Only 15% of Lok Sabha and 13% of Rajya Sabha MPs are women.
    • Limited Awareness: Lack of awareness of democratic principles, especially in caste-based societies, risks undermining constitutional values. Eg: Karnataka MP’s statement on changing the Constitution highlights this concern.
  4. Legal-Constitutional Threats:
    • Erosion of Institutions: Weakening key democratic institutions undermines the rule of law and governance. Eg: SC referred to CBI as a “caged parrot,” criticizing its lack of independence.
    • Executive Overreach: Increasing executive power through ordinances or emergency measures can disrupt checks and balances. Eg: Growing use of ordinances bypasses legislative scrutiny.
    • Misuse of Legal Mechanisms: Laws like sedition or defamation are sometimes misused to suppress dissent and curtail freedom of expression, undermining democratic rights.
  5. Technological Threats:
    • Misinformation and Disinformation: The spread of false information on social media can distort public discourse and manipulate electoral outcomes, undermining trust in democratic institutions.
    • Digital Surveillance: Excessive surveillance by state or non-state actors infringes on privacy and suppresses free expression, creating a climate of fear and limiting democratic participation.
    • Cyberattacks: Targeting electoral systems or political actors disrupts democratic processes and undermines trust. Eg: Cyberattacks during the US 2016 elections compromised electoral integrity.

Way forward

  1. Social Democracy: As Ambedkar emphasized, political democracy needs a foundation of social democracy. Addressing social inequalities and ensuring equal opportunities are essential for a lasting democratic system.
  2. Electoral Reforms: Known as the “Mother of all Reforms,” electoral reforms are critical. This includes financing transparency, decriminalization of politics, and strengthening anti-defection laws.
  3. Strengthen Democratic Institutions: Safeguarding the independence and integrity of institutions like the Election Commission and judiciary is vital to uphold democratic principles and the rule of law.
  4. Enhancing Transparency: Promote transparency in government through measures like the Right to Information (RTI) Act, citizen charters, and social audits to ensure accountability and public oversight.
  5. Civic Education: Empower citizens through civic education about their rights, responsibilities, and the functioning of democratic institutions. Encourage grassroots civic engagement and participation in democratic processes for a more vibrant democracy.

Scholar’s views :

  1. “Political democracy cannot last unless there lies at the base of it social democracy.” – Ambedkar
  2. “Democracy is not a form of government, but a form of social organization.” – Ambedkar
  3. “In a democracy, the highest office is the office of the citizen.” – Tagore

Republic

A republic is a form of government in which the head of state is elected, rather than being a hereditary monarch, and power rests with the people or their elected representatives. In a republic, sovereignty lies with the citizens, and governance is carried out according to a constitution or set of laws, ensuring the rule of law, equality, and protection of individual rights.

The different types of republics are as follows:

  1. Democratic Republic: A republic where representatives are elected by the people, and the government is based on democratic principles. Eg: India, the United States.
  2. Federal Republic: A federation of states or provinces with a division of powers between the central government and regional governments. Eg: Germany, Brazil.
  3. Presidential Republic: The president is both the head of state and the head of government, with separate executive and legislative branches. Eg: United States, Argentina.
  4. Islamic Republic: A republic governed by Islamic laws, often with elected officials but also influenced by religious leaders. Eg: Iran, Pakistan.
  5. People’s Republic: Typically refers to socialist or communist republics where the state claims to represent the common people, often with centralized control. Eg: China, North Korea.
  6. Unitary Republic: A republic where power is concentrated at the national level, with limited autonomy for regional governments. Eg: France, Indonesia.

Significance of republic

  1. Sovereignty and Independence: The Constituent Assembly recognized the necessity of India being a sovereign and independent republic. As Nehru stated, India could not accept external or local monarchies and had to be a republic to reflect its sovereignty.
  2. Vesting of Power in the People: A Republic empowers the people. Dr. P.K. Sen highlighted that all authority must derive from the people, making India a republic where ultimate power rests with its citizens.
  3. Equality and Liberty: B.R. Ambedkar stressed the need for political democracy to align with social democracy, ensuring liberty, equality, and fraternity for all. A republic aims to secure these ideals for its citizens.
  4. Unity and Integrity: S.V. Krishnamoorthy Rao emphasized the Republic’s role in fostering national integration across political, financial, economic, judicial, and defence systems, ensuring India’s unity and integrity.

Justice

In the words of John Rawls, “Justice is the first virtue of social institutions, as truth is of systems of thought.”

According to Amartya Sen, Justice is not merely a matter of giving people what they are entitled to, but also a matter of treating people with the equal concern and respect they deserve.
The key elements of Justice include Fairness, equality, rights, impartiality and accountability.

Types of Justice

  1. Distributive Justice: Focuses on ensuring all members of society receive a fair share of resources and benefits. Eg: Articles 38 and 39 of DPSP, which promote social and economic justice.
  2. Procedural Justice: Ensures that decisions are made and implemented through fair processes, safeguarding fair treatment. Eg: Article 21, guaranteeing the ‘procedure established by law.’
  3. Retributive Justice: Based on the principle of punishment proportionate to wrongdoing, aiming for justice through accountability. Eg: Indian Penal Code (IPC) and Criminal Procedure Code (CrPC).
  4. Restorative Justice: Aims to heal victims, rehabilitate offenders, and repair harm caused to the community. Eg: Article 39A (Equal Justice and Free Legal Aid) and Article 32 (Right to Constitutional Remedies).

Dimensions of Justice

  1. Political Justice: Ensures equal political participation and power distribution, allowing all to engage in voting and governance. Eg: Universal Adult Franchise under Article 326.
  2. Economic Justice: Focuses on fair wealth distribution and access to resources like education and healthcare, addressing inequality. Eg: Progressive taxation, Articles 38 and 39 of DPSP.
  3. Social Justice: Aims to address systemic disparities in wealth, race, gender, and other factors, promoting equality. Eg: Reservation policies under Articles 15 and 16.
  4. Legal Justice: Ensures laws and policies align with human rights and democracy, providing access to justice and due process. Eg: NALSA (National Legal Services Authority) ensuring legal aid.
  5. Gender Justice: Seeks to dismantle patriarchal norms and promote gender equality and empowerment. Eg: Vishakha Guidelines to prevent workplace harassment (SC judgment).
  6. Environmental Justice: Promotes fair treatment in the enforcement of environmental laws, ensuring the right to a clean environment. Eg: M.C. Mehta case (SC) recognizing the right to a clean environment under Article 21.
  7. Global Justice: Focuses on fairness in global resource distribution and addressing international issues like poverty and climate change. Eg: Common but Differentiated Responsibilities (CBDR) under UNFCCC.

Principles of Justice under the Indian constitution

  1. Equality and Non-Discrimination:
    • Article 14: Equality before Law – This guarantees equal protection of laws for all citizens.
    • Article 15: Prohibition of Discrimination on grounds of Religion, Race, Caste, Sex or Place of Birth – This prohibits discrimination against individuals based on these factors.
    • Article 16: Equality of opportunity in matters of public employment – This ensures equal opportunity for government jobs regardless of caste, religion, etc.
    • Article 17: Abolition of Untouchability – This abolished the practice of untouchability, a historical social evil.
  2. Right to Life and Personal Liberty (Article 21) encompasses various aspects of justice, including the right to dignity, privacy, and fair trial. It ensures that individuals are protected from arbitrary deprivation of life or liberty and have access to justice and due process.
  3. Fair Legal Process:
    • Article 21: Protection of Life and Personal Liberty – This guarantees a fair trial and due process before a person is deprived of life or liberty.
    • Article 22: Protection in case of Arrest and Detention – This lays down specific procedures to be followed in case of arrest and detention.
  4. DPSP (Part IV): Guides the state to promote social, economic, and political justice, focusing on equitable resource distribution and protection of marginalized groups.
  5. Independent Judiciary: Ensures impartial adjudication, protects fundamental rights, and upholds the rule of law, acting as a check on government power.

Achievements of India in Securing Justice

  1. Political Justice: Expanding Fundamental Rights, 61st Amendment reducing voting age to 18, electoral reforms (EVM, VVPAT), women reservation, and RTI Act promoting transparency.
  2. Economic Justice: Programs like NRLM and MGNREGA enhance financial inclusion and empowerment, with 415 million people lifted out of poverty (2005-2021, Global MPI).
  3. Social Justice: Land reforms, SC/ST (Prevention of Atrocities) Act, reservation policies, and welfare schemes like MGNREGA, NSAP, and Atal Pension Yojana reduce historical injustices.
  4. Landmark Legal Reforms: RTI Act (2005) promotes transparency; Sexual Harassment Act (2013) addresses workplace gender discrimination.
  5. Judicial Activism: Vishakha v. State of Rajasthan (1997) on workplace harassment and NALSA v. Union of India (2014) on transgender rights expanded justice for marginalized groups.
  6. Access to Legal Aid: NALSA and SLSAs ensure free legal aid. SC in P. Shivakoti Reddy v. State of Andhra Pradesh (1993) mandated legal aid for death row convicts.

Role of Judiciary

  1. Guardian of the Constitution: The judiciary interprets the Constitution (Article 123) and ensures that legislative and executive actions align with its provisions.
  2. Protector of Fundamental Rights: Through judicial review, courts can nullify unconstitutional laws. Eg: Kesavananda Bharati v. State of Kerala (1973) established the basic structure doctrine.
  3. Upholding the Rule of Law: The judiciary enforces equality before the law (Article 14), preventing government arbitrariness. Eg: Indra Sawhney case limited reservations to 50%, ensuring equality.
  4. Promoting Social Justice: The judiciary promotes affirmative action and eradicates social evils. Eg: Dhanabati Devi v. Sham Lal Mehta (2005) recognized women’s right to equality in property laws.
  5. Use of PIL: Public interest litigation (PIL) enables social justice reforms. Eg: Hussainara Khatoon v. State of Bihar (1979) led to the release of undertrial prisoners.

Challenges

  1. Judicial Delays: Over 47 million cases are pending across Indian courts as of 2023, causing significant delays in justice.
  2. Access to Legal Aid: Despite NALSA, only 15% of eligible people are aware of free legal aid services, limiting access for marginalized groups.
  3. Corruption: The VYAPAM Scam in Madhya Pradesh highlighted corruption’s role in weakening public trust in the justice system.
  4. Inequality and Discrimination: The Una flogging incident (2016) exemplifies how caste-based violence continues to obstruct justice for marginalized communities.
  5. Political Interference: The controversy over judicial appointments in the NJAC case (2015) reflected political attempts to influence the judiciary.
  6. Legal Literacy: Only 36% of rural citizens are aware of their fundamental rights, limiting effective legal participation.
  7. Costs of Litigation: Legal expenses for average cases can exceed ₹1 lakh, making justice inaccessible for the economically weaker sections.
  8. Police Reforms: Custodial deaths like in the Sathankulam case (2020) show the urgent need for police accountability and reform.

Way Forward

  1. Judicial Reforms: Malimath Committee (2003) Recommended reforms to speed up the justice delivery system, including setting up more fast-track courts and using technology to reduce case backlog.
  2. Enhancing Legal Aid Awareness: National Legal Services Authority (NALSA) Action Plan (2010), suggested public awareness campaigns, especially in rural areas, to inform citizens about free legal aid services.
  3. Anti-Corruption Measures: Second Administrative Reforms Commission (ARC) (2007), recommended creating an independent National Judicial Council to ensure accountability within the judiciary.
  4. Tackling Inequality: Sachar Committee (2006), recommended special legal aid cells and fast-track courts for marginalized communities, especially minorities, to ensure timely justice.
  5. Judicial Independence: Law Commission of India (214th Report, 2008), called for transparency in the judicial appointment process and the establishment of an independent body to recommend appointments to maintain judicial independence.
  6. Legal Literacy Programs: National Knowledge Commission (2007): Proposed strengthening legal literacy programs in schools and local communities to empower citizens about their rights and legal processes.
  7. Police Reforms:
    • Prakash Singh Committee (2006): Recommended reforms like establishing State Police Complaints Authorities and police accountability mechanisms to address custodial violence.
    • Sorabjee Committee on Police Act (2006): Proposed creating an independent oversight body to investigate police misconduct and custodial deaths.
  8. Reduce Litigation Costs:
    • Arrears Committee (1989): Suggested the promotion of Lok Adalats and other ADR mechanisms to reduce the financial burden of litigation on citizens.
    • N. R. Madhava Menon Committee (2012): Focused on reducing costs through ADR, mediation, and making justice more affordable.

Liberty

Liberty is the state of being free within society from oppressive restrictions imposed by authority on one’s way of life, behavior, or political views.  The name “liberty” comes from the Latin word “Liber,” which  means “free from all shackles.” 

Liberty in the sense of total freedom from all limitations is not conceivable. Such liberty is not possible. The fundamental liberty principle is that law is the condition of liberty.

Types

  1. Positive liberty : It refers to the freedom to pursue one’s goals, aspirations, and self-realization, rather than merely being free from external constraints or interference. It emphasizes the presence of opportunities, resources, and conditions that enable individuals to lead fulfilling lives and achieve their potential.
    • Key Aspects
      • Empowerment
      • Self-realization
      • Social Justice
      • Community and Collective Action
      • Democratic Participation
  2. Negative liberty : It refers to freedom from interference, coercion, or constraints imposed by others. It emphasizes the absence of external obstacles that limit individuals’ ability to act according to their will or preferences.
    • Key Aspects
      • Freedom from Interference
      • Non-interference Principle
      • Individual Autonomy
      • Rule of Law
      • Limited Government

Principles of Liberty under the Indian constitution

  1. Negative Liberty: Involves freedoms like speech, expression, assembly, and occupation, protected by the Constitution.
  2. Positive Liberty: Promoted through affirmative action, social welfare, and education, enabling individuals to realize their full potential.
  3. Right to Life and Personal Liberty (Article 21): Protects the right to life and personal liberty, ensuring no one can be deprived of life or liberty except by lawful procedure.
  4. Right to Privacy: Recognized as part of Article 21, ensuring individuals’ autonomy and protecting personal information from unauthorized intrusion.
  5. Right to Freedom of Religion (Articles 25-28): Ensures religious liberty, allowing individuals to practice, profess, and propagate their faith without state interference.
  6. Right to Education (Article 21A): Ensures free and compulsory education for children aged 6 to 14, enabling the liberty of opportunity and empowerment through education.

Threats to liberty in India

  1. Judicial Delays: As of 2023, over 47 million cases are pending across Indian courts, delaying justice and often leading to prolonged pre-trial detention for individuals
  2. Arbitrary Detention: The misuse of preventive detention laws like the National Security Act (NSA) can lead to arbitrary detentions.
  3. Censorship: In 2021, 97% of internet shutdowns globally were recorded in India, limiting freedom of expression and access to information. The use of sedition law (Section 124A of IPC) has also increased, with over 70 cases filed in 2020 alone.
  4. Surveillance: The Pegasus spyware scandal in 2021 highlighted the misuse of surveillance on journalists, activists, and politicians, raising concerns about privacy and freedom.
  5. Misuse of Laws: The Unlawful Activities (Prevention) Act (UAPA) saw a rise in cases from 897 in 2016 to over 1,226 in 2019, with low conviction rates, leading to criticism for suppressing dissent.
  6. Custodial Violence: In 2020, the custodial deaths of Jeyaraj and Bennix in Tamil Nadu highlighted the ongoing issue of police brutality and the violation of personal liberty.

Role Of judiciary

Positive

  1. Maneka Gandhi v. Union of India (1978): Expanded the scope of personal liberty under Article 21, ruling that the “procedure established by law” must be fair, just, and reasonable.
  2. Kesavananda Bharati v. State of Kerala (1973): Established the basic structure doctrine, holding that liberty is a fundamental feature beyond Parliament’s amending power.
  3. PUCL v. Union of India (2003): Affirmed that the right to personal liberty includes the right to legal aid and access to justice.
  4. Justice K.S. Puttaswamy v. Union of India (2017): Recognized the right to privacy as a fundamental right under Article 21.
  5. Aadhaar Judgment (2018): Held that certain provisions of the Aadhaar Act violated the right to privacy, which is intrinsic to personal liberty under Article 21.
  6. Navtej Singh Johar v. Union of India (2018): Decriminalized consensual same-sex relations, affirming the right to sexual autonomy and personal liberty.
  7. Sunil Batra v. Delhi Administration: Declared the use of handcuffs on prisoners as unconstitutional, reflecting the need for humane treatment.
  8. Mohini Jain v. State of Karnataka (1992): Ruled that the right to life under Article 21 includes the right to education.
  9. Subhash Kumar v. State of Bihar (1991): Held that the right to clean air is part of the right to life under Article 21.

Negative

  1. A.K. Gopalan v. State of Madras (1950): Article 21 protected against arbitrary executive actions, but not legislative actions, allowing personal liberty to be curtailed by laws.
  2. ADM Jabalpur v. Shivkant Shukla (1976): Held that during Emergency, the right to enforce fundamental rights, including personal liberty under Article 21, could be suspended.

Quotes

  1. Gettell– “Liberty is the positive power of doing and enjoying those things which are worthy of enjoyment and work”.
  2. Laski – “Without rights there cannot be liberty, because without rights, men are the subjects of law unrelated to the needs of personality”.

Equality

Equality entails the absence of preferential treatment for any segment of society and the provision of sufficient opportunities to all individuals without discrimination.

The essence of rights lies in their equal enjoyment by all members of society. To ensure universal enjoyment of these rights, it is imperative to attain social and economic equality.

Dimensions of Equality

  1. Procedural Equality: Ensures fairness in processes, treating everyone equally under the law. Eg: Article 14 – Equality Before Law (EBL) and Equal Protection of Laws (EPL).
  2. Substantive Equality: Focuses on achieving fair outcomes by addressing systemic inequalities. Eg: Reservation Policy.

Types of equality :

  1. Political Equality: Equal participation in the political process, including the right to vote and run for office.
  2. Legal Equality: Equal application of laws and procedures for all individuals, regardless of status.
  3. Social Equality: Equal respect and opportunities in social interactions, challenging hierarchies and stereotypes.
  4. Economic Equality: Reducing income and wealth disparities through measures like progressive taxation and access to opportunities.
  5. Gender Equality: Equal rights and opportunities for all genders, addressing issues like pay gaps and gender-based violence.
  6. Racial Equality: Equal treatment and opportunities for all races and ethnicities, free from discrimination.

Principles of Equality under the Indian constitution

  1. Civic Equality:
    • Article 14: Right to equality before law.
    • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
    • Article 16: Equality of opportunity in matters of public employment.
  2. Political Equality:
    • Article 326: Universal adult suffrage.
    • Article 325: No person to be ineligible for inclusion in, or to claim to be included in, a special, electoral roll on grounds of religion, race, caste, or sex.
  3. Socio-economic Equality:
    • Article 330 and 332: Reservation of seats for SC and ST in the House of the People.
    • Article 38 includes provisions for minimizing inequalities in income, status, facilities, and opportunities.
    • Article 39(d) directs the State to ensure equal justice and free legal aid.
    • Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections.
  4. Gender Equality:
    • Article 15(1): Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
    • Article 15(3): Empowers the State to make special provisions for women and children.
    • Article 16: Equality of opportunity in matters of public employment.
    • Article 39(a): Equal pay for equal work for both men and women.
    • Article 42: Provision for just and humane conditions of work and maternity relief.

Achievements of India in Securing Equality

  1. Reservation Policies: Around 21.1% of government jobs and educational seats are reserved for SCs and STs, promoting social inclusion (NSS data).
  2. Gender Equality: Initiatives like Beti Bachao Beti Padhao, laws against gender violence, and increasing women’s political participation have improved India’s Gender Inequality Index (0.490 in 2021, ranked 122).
  3. Legal Reforms: Laws like the Protection of Civil Rights Act (1955), SC/ST Prevention of Atrocities Act (1989), and Rights of Persons with Disabilities Act (2016) ensure equal treatment under the law.
  4. Education: Programs like Sarva Shiksha Abhiyan and the Mid-Day Meal Scheme reduce educational disparities and promote equality.
  5. Landmark Judgments: Cases like Kesavananda Bharati (1973) upheld constitutional equality, and Navtej Singh Johar (2018) decriminalized same-sex relations, advancing non-discrimination.

Role of Judiciary

  1. Indra Sawhney v. Union of India (1993): The Supreme Court upheld reservations for disadvantaged groups but limited them to 50% to ensure equality for others. It also introduced the “creamy layer” concept for OBC reservations.
  2. Vishaka v. State of Rajasthan (1997): The Court established guidelines to prevent sexual harassment in the workplace, protecting women’s equality in employment.
  3. Navtej Singh Johar v. Union of India (2018): Decriminalized consensual same-sex relations, affirming the right to equality and non-discrimination based on sexual orientation.
  4. Ram Krishna Dalmia case (1958): The Court laid down the “classification test,” allowing differential classification if it is based on intelligible differentia and has a rational nexus with the objective.

Challenges to equality

  1. Caste-Based Discrimination: Despite legal protections, caste-based crimes remain high, with over 50,291 cases against Dalits in 2020 (NCRB), indicating political challenges in enforcing equality laws.
  2. Economic Inequality: The top 1% of Indians control 40.5% of the nation’s wealth (Oxfam 2022), creating significant barriers to equitable economic opportunities.
  3. Gender Inequality: Women’s workforce participation was only 25.1% in 2020 (World Bank), and gender-based violence remains high, hindering social equality.
  4. Religious Discrimination: Muslims face educational and economic disadvantages, as highlighted by the Sachar Committee Report (2006).
  5. Digital Divide: Only 38% of rural households have internet access (NSS 2017-18), limiting access to education and economic opportunities, especially during the pandemic.
  6. Caste and Gender Laws: Despite laws like the SC/ST Act and laws against gender violence, enforcement gaps remain, leading to ongoing discrimination.
  7. Regional Disparities: Regions like Bihar and Uttar Pradesh, with lower Human Development Index scores (Bihar: 0.574, Kerala: 0.779), face unequal development opportunities, affecting access to resources.
  8. Limitations on Freedom of Speech and Expression – use of Sedition Laws, Online Censorship for Imprisonment of journalists, Banning of certain YouTube channels.
  9. Unequal Access to Justice due to Case Backlog in Courts, Limited Legal Aid prevents financially disadvantaged individuals from effectively pursuing their rights in court.

Fraternity

Fraternity is derived from the French term fraternité, which means brotherhood, friendship, community, and collaboration (Asthana 1992: 118). 
Dr. B.R. Ambedkar defined fraternity as “a sentiment of mutual brotherhood among all Indians—if Indians are considered as one people.” It is the principle that gives social life its unity and solidarity.” “Without fraternity, equality and liberty will be no more than a coat of paint. Without fraternity, liberty and equality could not become a natural flow of events.”

Key provisions on fraternity in the Indian Constitution:

  1. Preamble: Promotes fraternity to ensure the dignity of individuals and the unity and integrity of the nation.
  2. Fundamental Duties (Article 51A): Citizens are expected to promote harmony, brotherhood, and preserve India’s diverse heritage.
  3. DPSP (Article 38 & 39A): Directs the state to ensure a just social order and equal access to justice, fostering fraternity.
  4. Fundamental Rights (Part III): Promotes equality and prohibits discrimination, upholding dignity and social harmony.

Meaning and purpose of fraternity:

  1. Preamble declares that fraternity assures two things- the dignity of individuals and promoting unity and integrity of the nation.
  2. According to K.M.Munshi, the phrase “dignity of the individual” means that the Constitution not only assures material advancement and sustains a democratic system but also acknowledges that each individual’s personality is precious.
  3. “National unity and integrity” refers to the psychological and geographical components of national integration.

Criticism of inclusion of fraternity in indian constitution by constitutional assembly member H.M. Seervai by arguing that:

  1. Executive Competence: He argues that the executive is better suited to promote fraternity through actions, questioning the effectiveness of a constitutional mandate.
  2. Vagueness of Fraternity: Seervai finds the concept too vague, making it less useful for interpreting constitutional provisions or guiding legal decisions.

Judicial response and the idea of fraternity

  1. Shri Raghunathrao Ganpatrao v. Union of India: The Court rejected special privileges for former princes, citing fraternity as essential for national unity amid diverse societal divisions.
  2. S.R. Bommai v. Union of India (1994): The Court emphasized the need for fraternity and secularism, ruling that any attempt to undermine the unity and integrity of India through communalism violates the constitutional promise of fraternity.
  3. Indra Sawhney v. Union of India (1992): The Court recognized that reservations for backward classes should be balanced with the principles of fraternity, ensuring that societal harmony is maintained while promoting social justice.
  4. Nandini Sundar v. State of Chhattisgarh (2011): The Court stressed that policies that lead to violence or division undermine the principle of fraternity, reiterating the importance of state actions fostering unity

Limits and Challenges to Fraternity in India’s Context

  1. Caste-Based Divisions: Despite laws, crimes against Dalits remain high, with over 50,291 cases reported in 2020 (NCRB). Incidents like the Una flogging (2016) reflect deep-rooted caste divisions, hindering fraternity.
  2. Religious Polarization: Communal riots, such as the Delhi riots (2020) and Gujarat riots (2002), exacerbate religious divides and fuel distrust between communities, undermining the spirit of fraternity.
  3. Regionalism: Movements for regional autonomy, like the Assamese vs. Bengali identity conflict in Assam or Gorkhaland movement in West Bengal, often foster regionalism, creating divisions and challenging national unity.
  4. Economic Inequality: The top 1% of Indians hold 40.5% of the nation’s wealth (Oxfam 2022). This widening gap between rich and poor leads to social alienation, making it difficult to promote fraternity.
  5. Political Polarization: The 2019 Lok Sabha elections saw a rise in divisive rhetoric, with issues like CAA-NRC protests and political parties appealing to narrow identities, deepening social divisions.
  6. Social Injustice: Gender-based violence remains rampant, with over 371,503 cases of crimes against women reported in 2020 (NCRB), illustrating persistent inequalities that challenge the spirit of fraternity.
  7. Failure of Constitutional Morality: Incidents like mob lynchings related to cow vigilantism reflect the failure to uphold constitutional values, prioritizing narrow group interests over national unity.
  8. Language and Cultural Barriers: Tensions, such as Tamil Nadu’s resistance to Hindi imposition, highlight how linguistic and cultural divides challenge the ideal of fraternity in India.

Suggestions to promote fraternity in India:

  1. Strengthen Constitutional Morality through Judicial Oversight: Set up fast-track courts to handle cases related to hate crimes, such as mob lynchings. Eg: Implement recommendations of the Supreme Court in Tehseen Poonawalla (2018) to address lynchings and hate crimes.
  2. Enhance Legal Enforcement:
    • Strengthen SC/ST Prevention of Atrocities Act (1989): Improve enforcement of this act by appointing more special courts and ensuring timely investigation of caste-based crimes.
    • Police Accountability: Implement police reforms based on the Prakash Singh case recommendations to ensure impartial handling of communal or caste-related violence.
  3. Encourage Interfaith and Intercaste Dialogue:
    • Community Mediation Centers: Establish government-backed centers in sensitive regions to foster dialogue between different communities, modeled after the success of the Khudai Khidmatgar initiative.
    • Educational Programs: Include interfaith dialogue and caste reconciliation programs in the National Education Policy 2020 curriculum to promote harmony.
  4. Language Accommodation through Multilingual Policies: Promote official multilingualism in public services, particularly in states that resist Hindi imposition. Eg: Implement the 1968 National Policy on Education’s three-language formula to promote linguistic harmony.
  5. Promote Inclusive Economic Growth: Strengthen Political Accountability by Regulation of Hate Speech: Strictly enforce the Model Code of Conduct during elections and curb inflammatory political rhetoric, using recommendations from the Law Commission on regulating hate speech.

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