UPSC MainsLAW-PAPER-I202310 Marks150 Words
Q1.

Preamble & Basic Values of Indian Constitution

Preamble of the Indian Constitution is indicative of basic values that the political system is expected to pursue." How far do you agree with the statement ? Explain with the reference to values that have been enshrined in the Preamble of the Constitution.

How to Approach

This question requires assessing the extent to which the Preamble's values guide the political system. A structured response should begin by defining the Preamble and its significance. Then, it should discuss the core values enshrined within it (Justice, Liberty, Equality, Fraternity, Secularism) and analyze how these values are reflected (or sometimes challenged) in Indian polity and governance. Examples of landmark judgments and contemporary issues can be used to illustrate the points. A concluding statement should offer a balanced perspective on the Preamble's role.

Model Answer

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Introduction

The Preamble to the Indian Constitution, adopted on November 26, 1949, serves as the guiding light for the nation, articulating the core principles upon which the Indian Republic is founded. It is not merely a historical prologue but a living document embodying the aspirations of the people. Recent debates surrounding issues like electoral reforms, religious freedom, and social justice highlight the ongoing relevance of the Preamble’s ideals. This essay will examine the extent to which the political system adheres to the values enshrined in the Preamble, analyzing how these values are manifested and occasionally challenged in contemporary India.

Understanding the Preamble's Significance

The Preamble is a concise statement of the Constitution's objectives. It declares India to be a “Sovereign Socialist Secular Democratic Republic.” It draws its authority from "We, the People of India," signifying popular sovereignty. The phrase "dedicated to the service of the nation" emphasizes the commitment to progress and well-being of all citizens.

Core Values and Their Manifestation

Justice - Social, Economic, and Political

The Preamble promises Justice – social, economic, and political. This translates into:

  • Social Justice: Articles 14-18 guarantee equality and prohibit discrimination. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, aims to protect marginalized communities.
  • Economic Justice: Directive Principles of State Policy (DPSP) like Article 38 aim to reduce economic inequalities. The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), 2005, exemplifies a commitment to economic security.
  • Political Justice: Universal adult suffrage and free and fair elections are fundamental aspects. However, concerns regarding money power and criminalization of politics pose challenges.

Liberty of Thought, Expression, Belief, Faith and Worship

The Preamble guarantees liberty, which is safeguarded by fundamental rights like freedom of speech and expression (Article 19). Landmark judgments like Shreya Singhal v. Union of India (2015), which struck down Section 66A of the Information Technology Act, exemplify the protection of freedom of expression. However, increasing censorship and restrictions on media freedom raise concerns.

Equality of Status and Opportunity

Equality is enshrined in Article 14, guaranteeing equality before the law and equal protection of the law. Reservation policies, while intended to address historical inequalities, have been subject to legal challenges and debates surrounding their fairness. The 103rd Constitutional Amendment Act, 2019, allowing reservation in educational institutions for Economically Weaker Sections (EWS), demonstrates the ongoing effort to expand the scope of equality.

Fraternity Assuring the Dignity of the Individual and the Unity of the Nation

Fraternity emphasizes the spirit of brotherhood and unity. However, rising instances of communal tensions and caste-based discrimination challenge this ideal. The National Commission for Minorities (NCM) was established to protect the interests of minority communities. The Inter-State Council promotes cooperation and harmony among states.

Secularism

The Preamble describes India as a secular nation, meaning the state has no official religion. This is reflected in Article 26, guaranteeing freedom to practice and propagate religion. However, debates surrounding religious conversions and the implementation of the Citizenship Amendment Act (CAA), 2019, have sparked controversy and questioned the secular fabric of the nation.

Challenges and Contradictions

While the Preamble sets a high standard, its ideals are not always fully realized. The gap between aspirations and reality often exists due to factors like:

  • Implementation Gaps: Policies may exist, but effective implementation remains a challenge.
  • Social Realities: Deep-rooted social inequalities and prejudices hinder progress.
  • Political Polarization: Increased polarization can undermine the spirit of fraternity and equality.
Value Manifestation Challenge
Justice MGNREGA, SC/ST Atrocities Act Corruption, unequal access to justice
Liberty Freedom of Expression Censorship, online surveillance
Equality Reservation policies Affirmative action debates

Conclusion

In conclusion, the Preamble remains a vital and aspirational document that guides India’s political system. While significant strides have been made in realizing its ideals, persistent challenges necessitate continuous efforts to bridge the gap between the vision and reality. The Preamble serves not only as a statement of intent but also as a constant reminder of the values that underpin the Indian Republic and a benchmark against which the nation's progress can be measured. A renewed commitment to these principles is crucial for a just, equitable, and inclusive India.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

DPSP
Directive Principles of State Policy (DPSPs) are guidelines for the government to follow while making laws. They are found in Part IV of the Indian Constitution and are considered fundamental in the governance of the country.
Secularism
Secularism in the Indian context means the state treats all religions equally and does not officially endorse any particular religion.

Examples

The Kesavananda Bharati Case (1973)

This landmark case affirmed the basic structure doctrine, preventing constitutional amendments that would fundamentally alter the Preamble’s core values, demonstrating the judiciary's role in upholding the Preamble.

Frequently Asked Questions

Can the Preamble be amended?

While the Preamble is a part of the Constitution, it can be amended by a constitutional amendment (Article 368). However, the ‘basic structure’ doctrine restricts amendments that fundamentally alter its core principles.

Topics Covered

PolityConstitutionPreambleFundamental RightsDirective Principles