Relevance of different parts of the constitution

Published on 14 Jan 2025

Relevance of Preamble

The preamble to the Indian constitution is based on the Objectives resolution moved by Nehru and it refers to the preface to the constitution. Palkiwala, an eminent constitutional expert, called the Preamble the Identity card of the Constitution.

• Reveals the nature of the state: The preamble gives an overview of India as a sovereign, socialist, secular and democratic republic.

• Sovereign: Signifies the independent existence of the nation and exerts the absence of any authority above it.

• Socialist: The constitution intends to bring about democratic socialism to raise the socially and economically deprived sections.

• Secular: The positive brand of secularism where all the religions are supported by the state and individuals have complete religious freedom.

• Democratic: The constitution incorporates provisions to ensure political, social and economic democracy.

• Republic: The head of the state will always be an elected person indicating popular sovereignty and the absence of any privileged class.

• Specifies the aspirations of the constitution: A record of basic objectives which the document strives to attain.

• Justice: Social justice through equal treatment for all and the absence of any special privilege, political justice by providing equal political rights to all and economic justice through efforts to eliminate economic inequalities.

• Liberty: The term indicates the absence of arbitrary restraint upon action and provides opportunities for the development of individual personalities.

• Equality: The constitution seeks to ensure the absence of any special privileges and ensures adequate opportunity to all without discrimination.

• Fraternity: The constitution intends to create a sense of brotherhood and promote harmony within the nation

• Source of power: The preamble mentions the power of the constitution is derived from the Indian citizens and establishes popular sovereignty.

Thus, the preamble provides the philosophical foundation for the entire constitutional framework serving as a moral compass for both the government and the citizens.

Relevance of Fundamental Rights

• Political

• Safeguard citizen’s rights: The fundamental offers a wide range of rights that safeguard the interests of the citizens.

• Example: Article 14 ensures that all citizens shall be granted equal rights in the country.

• Preserve democracy: By limiting the powers of the state and empowering the public, the fundamental rights protect the democratic system in the country.

• Example: Article 19 offers the freedom to express opinions which has been the pillar behind the success of Indian democracy.

• Maintains secularism: The provisions regarding the right to freedom of religion ensure the secular credentials of the nation are protected.

• Example: Articles 25 to 28 give religious freedom to individuals and don't call for the supremacy of any one religion.

• Enhance trust in the state: The assurance of rights and provision for remedy ensures citizens trust the system and do not turn against the state.

• Example: Article 32 along with Article 13 provides for judicial review which enhances public trust in the system.

• Social

• Address discrimination: The fundamental rights seek to prevent events of discrimination and accommodate affirmative action to uplift the downtrodden.

• Example: Article 15 mandates an end to discrimination and empowers the state to bring reservation to uplift the downtrodden.

• Bring parity within the society: Part three of the constitution demands equal treatment and has provisions to strengthen the minority and vulnerable sections to bring more parity.

• Example: The special rights given to minority education institutions under Article 30 is an effort to bring social parity.

• Facilitate social justice: The rights guaranteed to all people and certain prohibitory articles ensure human rights are preserved and social justice is served.

• Example: Articles 23 and 24 demand the state to take action to prevent human exploitation and facilitate social justice.

Relevance of Directive Principles of State Policy

• Guiding state action: The DPSP covers a wide range of goals that the state should strive to attain, and thus could direct state action for effective public welfare.

• Example: Article 39 A has guided the state to provide free legal aid to the poor which resulted in NALSA.

• Secure socio-economic justice: The DPSP calls for measures to improve the condition of socially and economically downtrodden people.

• Example: Article 39(d) led to the Equal Remuneration Act which was intended to reduce socio-economic discrimination against women.

• Promotion of educational and cultural values: The DPSP calls for efforts from the state to improve the level of education among the public.

• Example: Article 45 directs the state to provide better early childhood care which was reflected in National Educational Policy 2020

• Protection of the environment: The directives mentioned also intend to protect the environment from the actions of the public and the state.

• Example: Article 48 A directs the state to make efforts to protect the environment which resulted in the Wildlife Protection Act.

• Decentralized governance: The direction to devolve powers to the local bodies brings more decentralized and effective governance.

• Example: Article 40 expects the state to give more powers to Panchayat which was reflected in the 73rd constitutional amendment.

• Judicial review: Though DPSPs are non-justiciable, they could be used by the judiciary to analyse the intention behind legislative actions.

• Example: In the Kesavananda Bharati case, 1973 the Supreme Court upheld the 25th Amendment which placed Articles 39(b) and 39(c) over fundamental rights.

Relevance of Fundamental Duty

• Preservation of cultural heritage: The article guides the citizens in taking action to preserve the cultural heritage of India and to safeguard public property.

• Example: Article 51A(f)

• Uphold the constitution: Citizens have the duty to respect democratic institutions such as legislature, executive and judiciary and shall refrain from engaging in activities that undermine their authority.

• Example: Article 51A(a)

• Promotion of unity and integrity: Citizens shall strive to promote the spirit of brotherhood and help in maintaining peace and harmony.

• Example: Article 51A(e)

• Protection of the environment: A duty is being imposed upon the citizens to initiate actions to protect the environment

• Example: Article 51A(g)

• Respect for women: Citizens are expected to advocate for gender equality to stand against gender-based violence and discrimination and also contribute to women's empowerment.

• Example: Article 51A(e)

Tags:
Polity

Keywords:
Relevance of different parts of the constitution preamble DPSP Directive principles fundamental rights fundamental duty

Syllabus:
General Studies Paper 2

Topics:
Indian Constitution