Simone Lawson
The Indian Constitution has been at the centre of protests against the Narendra Modi government's decision to amend the Citizenship Act. The Constitution has become a talisman for protesters, with the preamble being read out loud and clear to thousands in Hyderabad. The current anti-CAA protests are against the Act's violation of Article 14, which relates to the Fundamental Right to Equality. The Act has been deemed to be treating people unequally without reason, as it does not cover Muslim minorities and applies restrictively to only three Islamic countries. The Supreme Court of India has held that the preamble is an integral part of the Constitution and may be used to interpret ambiguous areas.
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What You'll Learn
The Preamble is an integral part of the Constitution
The Preamble to the Constitution of the Republic of India is based on the Objectives Resolution, which was moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 and came into force on 26 January 1950, celebrated as Republic Day. The Preamble is an integral part of the Constitution, as it embodies the basic philosophy and fundamental values on which the Constitution is based. It is considered the heart and soul of the Constitution, representing its spirit and purpose.
The Preamble declares India to be a sovereign, socialist, secular, and democratic republic, highlighting its independence and equality, and secular governance. It guarantees justice, liberty, equality, and fraternity, as outlined in the Constitution. The term "justice" refers to the need for order in society, as promised in the Fundamental Rights and Directive Principles of State Policy. "Liberty" refers to the freedom of Indian nationals in their activities, thoughts, expressions, and actions, within constitutional limits. "Equality" denotes the absence of special privileges for any section of society, providing equal opportunities for all without discrimination. "Fraternity" is derived from the French word, assuring the dignity of the individual and the unity and integrity of the nation.
The Preamble has been amended only once, on 18 December 1976, during the Emergency in India. The Indira Gandhi government made several changes through the Forty-second Amendment of the Constitution, adding the words "socialist" and "secular" between "Sovereign" and "Democratic". The phrase "unity of the Nation" was also changed to "unity and integrity of the Nation".
The Supreme Court of India has clarified that the Preamble, as part of the Constitution, can be amended under Article 368, but the basic structure, or the 'heart and soul', cannot be altered. This was established in the 1995 case of Union Government vs LIC of India, where the Supreme Court held that the Preamble is an integral part of the Constitution but not directly enforceable in an Indian court of justice.
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CAA violates Article 14's Fundamental Right to Equality
The Citizenship Amendment Act (CAA) has been a subject of intense debate and protest in India. One of the primary concerns raised by critics of the CAA is its potential violation of Article 14 of the Indian Constitution, which guarantees the Fundamental Right to Equality.
Article 14 of the Indian Constitution is a fundamental right that ensures all people within Indian territory, including citizens and foreigners, are entitled to equality before the law and equal protection of the laws. It is a justiciable right, meaning that individuals can seek legal redress if they feel their right to equality has been infringed upon by the state or another organisation.
The CAA, enacted in 2019, provides a pathway to Indian citizenship for migrants from Afghanistan, Bangladesh, and Pakistan belonging to specific religious communities, including Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians. However, it notably excludes Muslims, the largest religious minority in these countries, from this fast-track citizenship process.
The controversy surrounding the CAA and its potential breach of Article 14 centres on three main arguments:
- Reasonable Classification: The CAA is accused of being arbitrary and unreasonable in its classification of beneficiaries. By including only certain religious communities and excluding others, it fails to meet the criteria of "intelligible differentia" and rational relation to the object of the Act. The exclusion of Muslim minorities like Ahmadiyyas, Hazaras, and Shias, who face persecution in neighbouring countries, is seen as arbitrary and discriminatory.
- Equality before the Law: Article 14 guarantees equality before the law, and any breach of this right can be challenged in court. The CAA, by differentiating migrants based on religion, is seen as creating a religious criterion for citizenship, which goes against the secular principles of the Indian Constitution. This differentiation is considered a violation of the right to equality, as it treats people from different religious backgrounds unequally without reasonable justification.
- State Action and Arbitrariness: The CAA is criticised for its selective inclusion of only three Islamic countries, which is seen as an arbitrary decision. The Act's failure to include other persecuted religious minorities, such as Rohingya Muslims and Hindus from Myanmar, and Hindu and Christian Tamils from Sri Lanka, further highlights its arbitrariness and potential violation of Article 14.
The debate surrounding the CAA and its compatibility with Article 14 is ongoing, with the matter currently pending before the Supreme Court of India. The Court will decide whether the CAA violates the Fundamental Right to Equality guaranteed under Article 14 and provide a definitive legal interpretation of this complex issue.
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The Constitution is a tool in the fight for democracy's survival
The Indian Constitution is a powerful tool in the fight for democracy's survival. It serves as a foundation for the country's democratic system and outlines the fundamental rights and liberties of its citizens. One of the key aspects of the Indian Constitution is its emphasis on equality, as enshrined in Article 14. This article guarantees the Fundamental Right to Equality for all Indian citizens, regardless of their religion, race, caste, or class.
However, the introduction of the CAA (Citizenship Amendment Act) has sparked widespread protests across India, with many arguing that it violates the Constitution's commitment to equality by offering a path to citizenship for non-Muslim minorities from select neighbouring countries. While some support the bill, those who oppose it believe that it is arbitrary and discriminatory, undermining the very essence of democratic values.
The Indian Constitution, with its robust framework, provides a means to address these concerns. It establishes an independent judiciary, as demonstrated in the Keshavan Madhvan Menon v. State of Bombay case, where the court ruled against a law infringing on citizens' rights. Additionally, the Constitution's preamble underscores the value of socialism, further emphasizing equality and social justice.
In the context of the CAA, the Indian Constitution serves as a tool for democratic survival by enabling citizens to exercise their right to protest and express their dissent. It provides a framework for lawful demonstrations and empowers citizens to hold their government accountable. The Constitution also ensures that democratic guardrails remain strong, allowing courts, states, and the media to facilitate civic action and uphold the country's commitment to a law-bound democracy.
Moreover, the Indian Constitution's protection of liberal rights, such as freedom of speech and association, is crucial in the fight for democracy. These rights enable political competition and prevent anticompetitive behaviour by ensuring that all voices are heard and respected. They provide a safeguard against the potential erosion of democratic values and empower citizens to defend their rights and challenge abuses of power.
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The Preamble was drafted by Jawaharlal Nehru
The Preamble of the Indian Constitution was drafted by Jawaharlal Nehru, the first Prime Minister of Independent India. On December 13, 1946, Nehru moved the 'Objective Resolution' in the Constituent Assembly, which was later adopted as the Preamble on January 22, 1947. The resolution defined the basic goals and purpose of the Indian Constitution, outlining the vision for an independent India. It served as a guiding principle for the members of the Constituent Assembly in framing the Constitution.
The Preamble reflects the ideals of the Objectives Resolution, which was introduced by Nehru and adopted by the Constituent Assembly. It laid down the underlying principles, ideologies, fundamentals, and philosophy of the Indian Constitution. The Preamble is an introductory statement that outlines the guiding principles and core values of the Constitution, including the values of socialism. It declares India to be a Sovereign, Socialist, Secular, Democratic Republic, and commits to securing justice, liberty, equality, and fraternity for all its citizens.
The Preamble seeks to secure for all citizens their fundamental rights, including liberty of thought, expression, belief, faith, and worship, which are legally enforceable. It is important to note that the liberty, as conceived by the Preamble, is qualified rather than absolute. It ensures that liberty is enjoyed within the limitations mentioned in the Constitution. The term 'equality' in the Preamble refers to the absence of special privileges for any section of society and the provision of equal opportunities for all without discrimination.
The Preamble was finalised and adopted by the Constituent Assembly on November 26, 1949, and came into effect with the rest of the Constitution on January 26, 1950. It is considered the 'Identity Card' or 'Political Horoscope' of the Constitution, signifying the power and responsibility vested in the citizens to govern themselves and participate in the democratic process.
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The Preamble was designed by painter Beohar Rammanohar Sinha
Beohar Rammanohar Sinha, born on 15 June 1929, was an Indian artist who is known for his illustrations in the original final manuscript of the Constitution of India, including the complete preamble page. He was the youngest son of Beohar Rajendra Sinha, a renowned Gandhian, scholar, historian, theologian, littérateur, Hindi activist, Ramayana authority, journalist, and politician. Beohar Rammanohar Sinha's childhood home, BeoharNiwas-Palace, was frequented by freedom fighters and political figures like Mahatma Gandhi, Jawaharlal Nehru, and Khan Abdul Ghaffar Khan.
Beohar Rammanohar Sinha graduated in fine arts from Kala Bhavana at the nationalist Visva-Bharati University, Shantiniketan, from 1946 to 1950. He was a disciple of Nandalal Bose, a pioneer of modern Indian art and a key figure of contextual modernism. Sinha also trained under Ramkinkar Baij and Benode Behari Mukherjee. As part of his postgraduate studies from 1951 to 1953, he gained expertise in Fresco-secco under Nandalal Bose and specialized in Zen painting under Yu Wan-shan.
Beohar Rammanohar Sinha is known for his unique artistic signature, signing his works in the cursive Devanagari script, usually signing his first name, "Ram", or its shortened form, "Rammonhor". His later paintings also feature a unique red seal with his surname, "Sinha", in Devanagari or Pinyin script.
Sinha's most famous works include the illustrations on the pages of the original calligraphic manuscript of the Constitution of India. He took on the challenge of ensuring that his art on the Indian Constitution represented the essence of Indian art in its purest form. He travelled to the cradles of Indian art, such as Ajanta, Ellora, Bagh, Badami, Sanchi, Sarnath, and Mahabalipuram, and incorporated Indian art motifs like Padm, Nandi, Airavata, Vyaghra, Ashwa, Hans, and Mayur into his work.
Beohar Rammanohar Sinha's contributions to the Indian Constitution and his efforts to promote Indian art have left a lasting impact on the country's art and culture. His artwork transformed the Constitution into more than just a legal document; it became a symbol of India's identity, unity, and ambition. Sinha received various awards during his career, including the Kala Shri Award in 2001 and the Veteran Artist Award by the All India Fine Arts and Crafts Society (AIFACS) in 1993.
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Frequently asked questions
The CAA, or the Citizenship Amendment Act, is an amendment to the Indian constitution that promises citizenship to non-Muslim refugees of six communities from Pakistan, Afghanistan, and Bangladesh.
The CAA has been deemed to violate Article 14 of the Indian Constitution, which relates to the Fundamental Right to Equality. The CAA is not reasonable as it does not cover Muslim minorities like Ahmadiyyas, Hazaras, and Shias, and it is arbitrary as it applies restrictively to only three Islamic countries.
The Preamble to the Constitution of India is the introductory statement that outlines the Constitution's underlying principles and values. It reads, "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC..."
