INDIA : SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC
INDIA: SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC
The Preamble of the
Indian constitution read as follows :
"WE THE PEOPLE OF
INDIA, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST
SECULAR DEMOCRATIC REPUBLIC....... THIS CONSTITUTION"
Our Constitution makers
had hereby laid down the broad contours for the nation. Each of the terms
having the rationale for inclusion in the preamble. In this article, I am going
to explore these terms.
SOVEREIGN :
Sovereignty is the power of a State to do everything necessary to govern itself, such as
making, executing, and applying laws; imposing and collecting taxes; making war
and peace, and forming treaties or engaging in commerce with foreign nations.
Indians remained under Imperial Power for almost 200 years. Indians always
wanted self-rule or "SWARAJ" (in Hindi स्व- self राज- Rule). Indian National Congress on 19 December 1929, passed the
historic ‘Purna Swaraj’ – (total independence) resolution – at its Lahore
session. So the rationale for the inclusion of the term "sovereign"
in the constitution is that now India is an Independent country that can decide
its future and not remain under any power after the commencement of the
constitution. This feature can be traced under Article 245 r/w 7th Schedule
Wherein only parliament and state legislatures are competent to make laws
without being subjected to any foreign authority.
SOCIALIST and SECULAR
Socialism is a political and economic theory that advocates that
the means of production, distribution, and exchange should be owned or
regulated by the community as a whole whereas secularism meaning separation of
religious affairs from the state. Term Socialist and secular have certain
shared features, both the terms initially were not members of the
original preamble. Both the
expressions were later added by the 42nd amendment of the constitution in 1976
during the emergency era. It is not that they were not discussed in the
constituent assembly, prof. K.T. Shah moved the amendment for the inclusion of
word socialist and secular but was opposed by Dr. B.R. Ambedkar on two grounds
by stating
- "What should be the policy of the State, how the
Society should be organized in its social and economic side are matters
which must be decided by the people themselves according to time and
circumstances. It cannot be laid down in the Constitution itself, because
that is destroying democracy altogether."
- "The Second reason is that
the amendment is purely superfluous. My Honourable friend, Prof. Shah does
not seem to have taken into account the fact that apart from the
Fundamental Rights, which we have embodied in the Constitution, we have
also introduced other sections that deal with directive principles of
state policy. If my honourable friend were to read the Articles contained
in Part IV, he will find that both the Legislature as well as the
Executive have been placed by this Constitution under certain definite
obligations as to the form of their policy"
(Article 25-30 under
part III for secularism & Article 39 under part IV for Socialism)
Finally, the amendment
has been negatived. But During Emergency Our the then prime minister Smt.
Indira Gandhi caused the term "socialism" to be entered in the
constitution as she was a strong supporter of socialistic ideology as can be
seen by the actions of the government of that time, e.g. by the nationalization
of banks. Secularism was added to give the provisions relating to the
expression a more concrete meaning.
DEMOCRATIC :
A democratic country is
a country that's ruled by its people or agents elected by them in a
free electoral system. We Indians always
wanted self-rule by our people. We always lacked representation in the
legislative councils in British India. In this backdrop, the constituent assembly
adopted for the democratic form of the government. This expression can be
traced in the constitution under Part XV " Elections" from Articles
324-329.
REPUBLIC :
The word republic, derived from the Latin res publica, or "public thing," refers to a form of
government where the citizens conduct their affairs for their benefit rather than
for the benefit of a ruler. In simple terms in the
republican form of government people have the elected head of the state rather than
a monarch. In India, the president of India is the elected (indirect manner)
head of state. This provision can be seen under Article 54 and 55 of the
constitution.
All these features of the constitution are part
of the basic structure of the Indian Constitution [Kesavananda Bharati Sripadagalvaru
and Ors. v. State of Kerala and Anr. (case citation: (1973) 4 SCC 225) ] i.e. the Provisions related to these expressions in the
constitution cannot be amended.
Nice article..
ReplyDeleteThank You Brother :)
Delete