Former Chief Justice of India shares insight into the Preamble to the Constitution of India

Source: Indian Express dated 20.05.2020

Former Chief Justice of India, Justice Dipak Mishra spoke to the students of Lloyd Law College at length in a webinar; reminded them of the ethos of the Preamble.

When you buy any product, it usually comes with a user manual- the dos and don’ts. The how-to-fix-its and the what-to-expect-out-of-its that prepare you and help you easily navigate through the usage. Democracies also come with their user manuals- a set of rules and guidelines that help you make sense in chaos, hold your hand, and lead the way. The Indian Constitution, that came into force in 1950, is one such document that used the best from democracies around the world to create a social and legal structure that captures the ethos of this country. But its heart lies in its Preamble.

During a live webinar organized by Lloyd Law College, Greater Noida, Hon’ble Mr. Justice Dipak Misra, Former Chief Justice of India spoke to the students at length and reminded the future upholders of the free and fair judiciary in India of ‘The Spirit and Ethos of the Preamble to the Constitution’.

Justice Mishra spoke about how the Preamble is the heart of the great organic document that is the Constitution of India. Highlighting how it encapsulates the aspirations of the people and identifies the nature of the State that the Constitution intends to have, he emphasized how it also epitomizes the fundamental philosophy of an egalitarian society and a progressive nation. The words of the Preamble are simultaneously metaphysical and practical, and lay down the objectives upon which the foundation of this country was laid.

Revisiting the pillars of the Indian Constitution, Justice Mishra reminded the students that the Preamble, as it now stands, defines India as a sovereign, socialist, secular and democratic republic committed to giving its citizens justice, equality, liberty and fraternity with each of the words specifying the realm in which the said virtue must operate. Justice is in the sphere of social, economic and political; liberty is ensured in the realm of thought, expression, belief, faith, and worship; equality is assured when it comes to the sphere of status and opportunity and fraternity promotes the dignity of individual and the unity and integrity of the nation.

“As I read the Preamble from time to time, it is not static. It encapsulates and incorporates the generational spirit that always remains in the indestructible present. To explicate, “We the people” is not a time-bound concept but a representative concept of the constant present and it includes the past and the future as well”, he said.

Apart from several other cases, Justice Mishra also cited the famous Indira Sawhney case wherein it was said that four-fold objectives are meant to secure to the citizen's justice, liberty, equality, and fraternity. They display statesmanship of the highest order and the Preamble of the Constitution of India is the sentiment and key of the minds of the Constitution framers. This judgement is important because it is here that, for the first time, the Court, in clear words, said that the Preamble is the basic feature of the Constitution as it promises equality of opportunity and dignity to its citizens and ensures the State to take positive steps under Articles 15(4) and 16(4) of the Constitution of India.

Breaking down the other important terms in the Preamble, Justice Mishra explained what it means to be a sovereign, socialist, secular, democratic republic.

1. Sovereign: All power emanates from the people and the political system is accountable and responsible only to the people of this country
2. Socialism: Meant to secure to all the people of the State people socio-economic justice by the interplay of Fundamental Rights and Directive Principles of State Policy
3. Secular: Though this term is not defined anywhere in the Constitution of India, it means that the State will have no religion and not that the State will be anti-religious or atheistic State
4. Democratic Republic: Two words that will have to be read in a holistic manner. Democracy is a multi-faceted system; it refers to the political participation of the people in running the administration of the Government. It describes the State affairs and rule of law under which every citizen is assured the right to equal participation in the body polity.
5. Justice: A natural concept which includes:
• Societal justice: Abolition of inequality from society
• Political Justice: Extinction of unreasonable distinction in political matters of the State
• Economic Justice: Ensuring equal pay for equal work; also, equal opportunity
6. Liberty and Fraternity: Liberty of thought, expression, belief, faith, and worship; the right to express one’s choice and choose. However, liberty and freedom are not absolute. Any fetter put on liberty must be absolutely constitutionally valid.
   Fraternity emphasizes dignity and brotherhood. There can be dissent, there can be a difference of opinion, but there cannot be abuse.

Justice Mishra concluded the session by leading the students on a pledge to remain loyal to the noble ideology enshrined in the Preamble to the Constitution, thereby reminding us all of why the Constitution and its Preamble is considered almost sacred in this country.