Isabella Carter
The Indian Constitution is underpinned by a set of guiding values that reflect the country's core principles and ideals. These values, enshrined in the Preamble, serve as a standard to evaluate government actions and legislation. The five characteristics of India as defined in the Preamble are sovereignty, socialism, secularism, democracy, and republicanism. The objectives of the Indian Constitution include justice, liberty, equality, and fraternity. These values empower citizens, promote social change, and ensure that the country's laws and actions are in line with its founding philosophy.
| Characteristics | Values |
|---|---|
| Sovereign | People's right to decision-making both internally and externally |
| Secularism | Freedom of religion to people and no official religion |
| Socialist | To ensure economic equality where the government would establish control over the economy |
| Democratic | Government based on the will of the people |
| Republic | Head of the state will be an elected one |
| Fundamental Rights | Right to freedom, right to equality, right to life and personal liberty, right to education, and right to religion |
| Fundamental Duties | Patriotism, nationalism, humanism, environmentalism, harmonious living, and gender equality |
| Separation of Powers | Separation of powers between the legislature, executive, and judiciary |
| Unity and Integrity of the Nation | Equality for every citizen of India, irrespective of their religion, caste, or gender |
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What You'll Learn
Secularism: The government will not favour any religion
Secularism is a key guiding value of the Indian Constitution, though it has been interpreted and applied differently in the Indian context. The Indian Constitution does not establish an official state religion and aims for a separation of religion and state. The 7th schedule of the Indian Constitution places religious institutions, charities, and trusts in the Concurrent List, which means that both the central and state governments can make laws regarding them. This has resulted in an overlap between religion and state, with the state providing financial support to religious schools and infrastructure and influencing religious affairs.
The Indian Constitution guarantees freedom of religion and protects the fundamental interests of minorities. It prohibits state-owned educational institutions from imparting religious instruction and using taxpayer money to promote any religion. The degree of separation between the state and religion has evolved through various court rulings and executive orders. For example, the Supreme Court of India's decision in the 1994 S. R. Bommai v. Union of India case affirmed the secular nature of the Indian republic and established the separation of state and religion.
Despite the constitutional commitment to secularism, India has faced challenges in creating a truly secular society. There have been incidents of religious intolerance, communal riots, and growing radicalization. The overlap between religion and state has also led to political interference in religion, with candidates being selected based on religious considerations. Additionally, there is criticism that secularism in India advocates minority rights and interferes with the religious freedom of communities.
The inclusion of the word "secular" in the Indian Constitution was a subject of debate during its drafting. Initially, the word "secular" was not included in the preamble, but it was later added in 1975 through the 42nd Amendment during the tenure of Indira Gandhi. The Indian Constitution's interpretation of secularism allows for overlap and state intervention in religious affairs, which has been characterized as "pseudo-secularism" by critics.
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Democracy: People have the right to make decisions
The Indian Constitution is a dynamic framework that guides and governs the country. It is a living document that reflects the hopes and aspirations of its people. The constitution sets out the country's political code, federal structure, powers of the government, and guarantees Indians' rights. The Indian Constitution had eight schedules originally, but now has 12 after four were added by different amendments.
The term ""democracy"" comes from the Greek words "demos", meaning "people", and "kratos", meaning "power". Democracy, therefore, means ""power of the people"". In the Indian Constitution, this power is expressed through a parliamentary form of democracy, where the government is accountable to the legislature, which is elected by the people. This system is designed to reflect the will of the citizens and ensure governance remains transparent and responsive to the needs of the populace.
India's government is modelled on the British Westminster system. It consists of a president as head of state, an executive headed by the prime minister, a legislature consisting of a parliament with an upper and lower house (the Rajya Sabha and Lok Sabha), and a judiciary with a supreme court at its head. 543 members are elected to the Lok Sabha through a first-past-the-post general election held every five years. State representatives are indirectly elected to the Rajya Sabha on staggered six-year terms, so every two years around one-third are changed, elected by state legislatures.
The Indian Constitution guarantees certain fundamental rights to its citizens, including freedom of speech and expression, freedom of religion and conscience, freedom of assembly, and the right to equal protection before the law. These rights are not absolute and are subject to reasonable restrictions in the interest of the sovereignty and integrity of India, public order, morality, and so on.
The constitution is secular, prohibiting the persecution of individuals for their religious beliefs, but it does not separate church and state in the same way as the United States Constitution. Freedom of religion is a fundamental right guaranteed by the constitution, and India is a secular nation. Every citizen has the right to follow the religion they believe in.
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Equality: Prevent concentration of wealth and power
The Indian Constitution is a dynamic framework that guides and governs the country. It is a lengthy and detailed document that is subject to regular amendments to remain updated and relevant. The constitution is not a static set of laws, but a living document that adapts to the changing needs and aspirations of the people.
One of the guiding values of the Indian Constitution is "Equality: Prevent concentration of wealth and power". This value is reflected in the constitution's commitment to ensuring economic equality and preventing the concentration of wealth and power in a few hands. The constitution aims to establish a socialist society where the government has control over the economy to promote equality and prevent the hoarding of resources by a select few.
The constitution guarantees fundamental rights to every citizen, including the right to freedom, equality, life, personal liberty, education, and religion. These rights ensure that all citizens are treated equally and have access to basic necessities. The right to freedom and equality specifically address the issue of power concentration, empowering citizens with the right to liberty and ensuring that all people are equal before the law.
Furthermore, the Indian Constitution emphasises the separation of powers between the legislature, executive, and judiciary. This distribution of power prevents any one branch of the government from dominating the others and becoming too powerful. Each branch has its own responsibilities and powers, creating a system of checks and balances that protects against the concentration of power.
The constitution also promotes the unity and integrity of the nation, treating all citizens equally regardless of their religion, caste, or gender. It fosters a sense of brotherhood and harmony among the diverse population of India, uniting them under a shared set of values and rights. By upholding the principle of equality, the constitution works to prevent the concentration of power based on social or economic factors.
Lastly, the Indian Constitution recognises the importance of social and economic revolution to achieve true equality. Dr B. R. Ambedkar, the chief architect of the constitution, acknowledged the contradiction between political equality and social and economic inequality. He envisioned a country where political equality, as embodied in the principle of "one man one vote", would extend to all aspects of life, eliminating social and economic disparities.
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Fraternity: People should live like brothers and sisters
Fraternity, or the promotion of brotherhood and harmony among the people of India, is one of the guiding values of the Indian Constitution. This value is reflected in the constitution's emphasis on the unity and integrity of the nation, which ensures that all citizens are treated equally, regardless of their religion, caste, or gender. The idea of fraternity is also closely tied to the values of liberty and equality, which are also enshrined in the Indian Constitution.
The Indian Constitution recognises the importance of fraternity and harmony in a country as diverse as India. With a wide range of religions, castes, and cultural traditions, the promotion of brotherhood and a sense of collective identity as Indians is vital to the country's social cohesion and stability. The constitution aims to foster a sense of unity and solidarity among all citizens, regardless of their differences.
One way the Indian Constitution promotes fraternity is by guaranteeing fundamental rights to all citizens. These rights include the right to freedom, equality, life, personal liberty, education, and religion. By ensuring that all citizens have equal access to these basic rights and necessities, the constitution helps to create a sense of fairness and shared purpose among the people.
Additionally, the Indian Constitution encourages a sense of fraternity by upholding secularism and ensuring the separation of powers. Secularism, as defined in the constitution, means freedom of religion for all citizens and the absence of an official state religion. This approach allows people of different faiths to coexist peacefully and feel included in the nation's social fabric. Meanwhile, the separation of powers between the legislature, executive, and judiciary helps prevent dominance by any one group and ensures that the rights and interests of all citizens are protected.
The value of fraternity, as outlined in the Indian Constitution, serves as a guiding principle for fostering a sense of unity, harmony, and mutual respect among the diverse people of India. By promoting the idea that all citizens should live like brothers and sisters, the constitution helps to create a more just and equitable society, where everyone is treated with dignity and respect, regardless of their background or identity.
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Justice: One of the four objectives of the Preamble
The Indian Constitution is a dynamic framework that guides and governs the country. It is a lengthy and imperfect document, but one that is not static and is amended regularly to keep it updated and adaptable. The guiding values of the Constitution are the fundamental principles and beliefs that it is based upon. These values are enshrined in the Constitution and are essential to the functioning of Indian democracy.
The preamble of the Indian Constitution is an introduction that summarises its aims and objectives, and it is here that we find the four objectives of Sovereign, Socialist, Secular, Democratic, Republic, and Justice, Equality, Liberty, Fraternity for the people of India.
Justice, as one of these four objectives, is a core value of the Indian Constitution. It is a fundamental right guaranteed to every citizen of India. The right to justice ensures that all citizens are treated equally and have access to basic necessities. It is a value that is reflected in the Constitution's aspiration to empower its citizens. The judiciary is independent, and the courts are free to interpret and enforce the law.
The right to justice is also reflected in the value of 'secularism' in the preamble, which guarantees freedom of religion and ensures that there is no official religion. This value of justice extends to the social and economic spheres as well. Dr B. R. Ambedkar, the chief architect of the Indian Constitution, dreamed of an India that had eliminated inequality. In his concluding speech to the Constituent Assembly, he stated his anxiety about the contradictions between political and socio-economic equality.
The guiding values of the Constitution are not just about statements of values and philosophy, but about embodying these values into institutional arrangements. The right to justice is one such value that is institutionalised in the form of fundamental rights and the independence of the judiciary.
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Frequently asked questions
The guiding values of the Indian Constitution are encapsulated in the Preamble, which sets out five characteristics and four objectives. These include the concepts of:
- Sovereign
- Socialist
- Secular
- Democratic Republic
- Justice
- Liberty
- Equality
- Fraternity
The Preamble is an introduction to the Indian Constitution and helps in understanding the legislative intent. It is important because it contains the philosophy on which the entire Constitution is built. It provides a standard to examine and evaluate any law and action of the government.
The Indian Constitution outlines duties that citizens need to perform, which are not enforceable by law but are inevitable in nature. These duties reflect specific values like patriotism, nationalism, humanism, environmentalism, harmonious living, and gender equality.
