ABSTRACT
The preamble and Article 32 of the Indian legal Constitution are both integral components that serve significant roles in the governance and protection of fundamental rights in India. While some argue that the preamble is the heart of the Indian Constitution, emphasising its foundational values and guiding principles, others contend that Article 32 is the heart and soul of the Constitution due to its crucial role in protecting and safeguarding the fundamental rights of Indian citizens.
The preamble of the Indian Constitution lays down the basic structure and objectives of the nation. It articulates the aspirations and values that the Constitution seeks to achieve, such as justice, liberty, equality, and fraternity. The preamble sets the tone for the entire Constitution and provides a broad vision for the governance of India. It represents the collective will of the people and embodies the spirit of the nation.
On the other hand, Article 32 of the Indian Constitution is commonly referred to as the “Right to Constitutional Remedies.” It grants every citizen the fundamental right to move to the Supreme Court of India for the enforcement of their fundamental rights. Article 32 acts as a safeguard against the violation of fundamental rights by the State or any authority. It empowers the Supreme Court to issue writs, orders, or directions to protect the rights of individuals, thereby serving as a powerful tool for ensuring justice and upholding the rule of law. The preamble and Article 32 are both significant elements of the Indian Constitution, often considered to be the foundational principles that embody the spirit of the nation. While some argue that the preamble is the heart of the Indian constitution, emphasising its fundamental values and guiding principles, others contend that Article 32 is the heart and soul of the constitution due to its pivotal role in protecting fundamental rights.
KEYWORDS : Preamble, Constitution, Justice, Liberty, Equality, Fraternity, Fundamental Rights, Writ.
INTRODUCTION
The Indian Constitution is the unrivalled law of India, serving as the foundation and guiding document for the governance of the country. Adopted on 26th November 1949 and came into operation on 26th January 1950, it is one of the lengthiest and most comprehensive constitutions in the world. The drafting of the Indian Constitution was an extensive process that involved the contributions of a Constituent Assembly consisting of representatives from various regions, communities, and backgrounds.
I. Historical Context:
The Indian Constitution was developed in the aftermath of India’s struggle for independence from British colonial rule. The constitution-making process aimed to establish a democratic and secular republic that would ensure the protection of the fundamental rights, social justice, and equality for all citizens.
The historical background of the Indian Constitution is deeply interwoven with India’s struggle for independence from British colonial rule. Here is a chronological overview of the key events that shaped the development of the Indian Constitution:
- British Colonial Rule:
India was under British colonial rule for nearly two centuries, starting from the establishment of the British East India Company in the early 17th century. The British implemented various laws and administrative systems to govern India, often disregarding the aspirations and needs of the Indian people.
- Rise of Nationalist Movements:
In the late 19th and early 20th centuries, India witnessed the emergence of various nationalist movements aimed at securing independence from British rule. Prominent leaders such as MK Gandhi, Nehru, Subhas Chandra Bose, and Dr. B.R. Ambedkar played crucial roles in mobilising the masses and demanding freedom.
- Demand for Self-Governance:
The Indian National Congress, formed in 1885, became the primary political organisation advocating for Indian self-governance. Through peaceful protests, boycotts, and civil disobedience campaigns, the Congress demanded greater participation of Indians in the decision-making process and the establishment of representative institutions.
- Government of India Acts:
The British government introduced a series of Government of India Acts to address Indian demands for self-governance. The Government of India Act of 1919 (also known as the Montagu-Chelmsford Reforms) and the Government of India Act of 1935 were significant steps toward devolving powers to Indians, albeit in a limited manner.
- Simon Commission and Round Table Conferences:
In 1927, the British government appointed the Simon Commission to propose constitutional reforms in India. However, since the commission did not include any Indian members, it faced widespread opposition and boycott. The Round Table Conferences held in London in 1930-32 and 1932-33 provided platforms for Indian leaders to negotiate with British officials for political reforms.
- Lahore Resolution:
At the All India Muslim League session in Lahore in 1940, the demand for a separate Muslim state, Pakistan, was formalised through the Lahore Resolution. This marked the beginning of the movement for partition and influenced the discussions surrounding the future constitutional framework.
- Constituent Assembly:
In 1946, the Constituent Assembly of India was established with the objective of drafting and adopting a new constitution for an independent India. The assembly comprised elected representatives from the provinces, including leaders from diverse backgrounds and political ideologies.
- Drafting and Adoption of the Constitution:
Under the leadership of Dr. B.R. Ambedkar, the drafting committee of the Constituent Assembly prepared the initial draft of the constitution. The draft went through various deliberations, discussions, and revisions before being finalised. On 26th November 1949, the Constituent Assembly adopted the constitution, and it came into effect on 26th January 1950, marking India’s transition to a democratic republic.
II. Key Features:
A. Preamble:
The ideals and objectives of the nation are outlined in the Preamble of the Indian Constitution, emphasising India’s dedication to justice, liberty, equality, and fraternity. Additionally, it declares India as a sovereign, socialist, secular, and democratic republic.
B. Fundamental Rights:
The Indian Constitution ensures essential rights to its citizens, whichincludes the proper to equality, freedom of speech and expression, proper to existence andprivate liberty, freedom of religion, and safety inoppositionto discrimination. These rights are justiciable and maybe enforced via felony remedies.
C. Directive Principles of State Policy:
The constitution outlines the Directive Principles of State Policy as non-justiciable principles, which serve as guiding principles for the government in formulating policies and laws. These principles have the objective of fostering social justice, equality, and the well-being of the people, and they act as a moral guide for governance.
D. Parliamentary System:
In India, a parliamentary system of government is practised, wherein the President serves as the head of state and the Prime Minister serves as the head of government. The Parliament is composed of two houses known as the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
E. Independent Judiciary:
The establishment of an independent judiciary is enshrined in the Indian Constitution, with the Supreme Court serving as the ultimate judicial authority. The judiciary plays a critical role in the interpretation of the constitution, safeguarding fundamental rights, and upholding the principles of the rule of law.
F. Federal Structure:
In India, a federal system of government is in place, wherein powers and responsibilities are distributed between the central government and the state governments. The Constitution clearly defines the authority and jurisdiction of both the central and state governments, ensuring a harmonious balance between the two.
THE PREAMBLE
We, the people of India, having solemnly resolved to constitute India into a sovereign, socialist, secular, democratic, republic, and to secure to all its citizens:
Justice, social, economic, and political;
Liberty of thought, expression, belief, faith, and worship;
Equality of status and opportunity;
And to promote among them all
Fraternity assuring the dignity of the individual and the unity and integrity of the Nation;
In our Constituent Assembly, this twenty-sixth day of November, 1949, do hereby adopt, enact, and give to ourselves this Constitution.”
The Prologue of the Indian Constitution, while not enforceable in the justice system, provides a broad framework and sets out the guiding principles and objectives of the Constitution. It serves as an interpretive guide and a moral compass for the functioning of the Indian state. While it does not grant specific rights or protections to individual citizens, it outlines the broader goals and aspirations of the Constitution, which indirectly contribute to the protection of citizens’ rights and well-being. Here are some ways in which the Preamble can be seen as providing protection to the citizens:
- Justice: The Preamble refers to the objective of securing justice, including social, economic, and political justice. This commitment to justice implies the protection of citizens’ rights, ensuring fairness and equality before the law.
- Liberty: The Preamble emphasises the value of liberty, including freedom of thought, expression, belief, doctrine, and worship. This recognition of individual freedoms serves as a guiding principle for protecting citizens’ rights to express themselves, hold diverse opinions, and practise their chosen religion.
- Equality: The Preamble highlights the goal of equality, both in terms of status and opportunity. It seeks to ensure that all citizens are treated equally before the law and have equal access to opportunities for personal and professional growth. This commitment to equality contributes to safeguarding citizens’ rights against discrimination and ensuring equal protection of the law.
- Fraternity: The Preamble emphasises the promotion of fraternity, which implies a sense of brotherhood, unity, and social harmony among citizens. By encouraging a spirit of inclusivity and respect for diversity, it indirectly contributes to fostering an environment that protects citizens’ rights and promotes social cohesion.
- Sovereign, Socialist, Secular, and Democratic: These principles mentioned in the Preamble reinforce the commitment to a democratic form of governance, where citizens’ participation and rights are respected. They also emphasise the importance of social welfare, secularism, and sovereignty, which contribute to the protection of citizens’ rights and interests.
- It is important to note that while the Preamble sets the broad principles and goals of the Constitution, the specific rights and protections granted to citizens are detailed in the body of the Constitution, particularly in the natural rights and directive principles. These specific provisions, along with the interpretive role of the judiciary, serve as the primary means of protecting citizens’ rights in India. The Preamble acts as a guiding framework, inspiring and influencing the interpretation and implementation of these provisions, thus indirectly contributing to the protection of citizens’ rights.
PREAMBLE AS THE HEART OF THE INDIAN CONSTITUTION
The Preamble of the Indian Constitution stands as a concise yet profound statement that captures the essence of the constitutional framework. It serves as the guiding light and moral compass for the nation, embodying the aspirations, principles, and objectives that form the bedrock of Indian democracy. This essay delves into the significance of the Preamble as the heart of the Indian Constitution, highlighting its role in shaping the constitutional philosophy, guiding interpretation, and safeguarding the principles of justice, liberty, equality, and fraternity.
The Preamble of the Indian Constitution is hailed as the cornerstone of constitutional philosophy. It starts with the evocative words, “We, the people of India,” emphasising that the power and authority of the Constitution are derived from the citizens. It symbolises a collective vision of a just and equitable society as envisioned by the framers of the Constitution. By declaring India as a sovereign, socialist, secular, democratic republic, the Preamble establishes the fundamental principles and values upon which the entire constitutional edifice is constructed. The Preamble serves as an essential guiding force for the interpretation of the Constitution. It provides an interpretive key to understanding the intent and spirit behind the various provisions of the Constitution. The principles enshrined in the Preamble act as touchstones for the judiciary and other constitutional authorities in upholding the spirit of the Constitution. Courts often rely on the Preamble while interpreting laws, ensuring that they align with the broader goals of justice, liberty, equality, and fraternity. It acts as a compass, directing the path of constitutional interpretation towards the original intent of the framers.
One of the crucial aspects of the Preamble is its guarantee of fundamental rights and freedoms. By asserting the objective of securing justice, liberty, equality, and fraternity, it lays the foundation for safeguarding the individual rights and dignity of all citizens. The Preamble assures the freedom of thought, expression, belief, faith, and worship, which are the pillars of a vibrant democracy. It reinforces the principle that the rights of the citizens are not bestowed by the state but are inherent and inviolable, thereby acting as a bulwark against any infringement upon these rights.
The Preamble not only outlines the objectives of justice, liberty, and equality but also promotes the idea of fraternity. It underscores the importance of unity and integrity, aiming to foster a sense of brotherhood among the diverse communities and individuals in India. In a nation as diverse as India, the Preamble acts as a unifying force, binding citizens together and emphasising the need for harmonious coexistence. It plays a vital role in promoting social cohesion and ensuring the dignity of every individual, regardless of their background or identity.
ARTICLE 32 OF THE INDIAN CONSTITUTION
Article 32 of the Indian Constitution is an essential proper that presents the properconstitutional remedies. It is oneofthe cornerstones of the Indian Constitution and is regularly called the “Right to Constitutional Remedies.” Article 32 empowers people to atonce technique the Supreme Court of India for the enforcement of their essential rights.
“Article 32: Remedies for enforcement of rights conferred by this Part
(1) The guarantee is provided for the right to seek enforcement of the rights granted by this Part through proper legal proceedings in the Supreme Court.
(2) The Supreme Court is empowered to issue appropriate directions, orders, or writs, including writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for the enforcement of any of the rights granted by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
(4) Parliament, while acknowledging the powers vested in the Supreme Court by clauses (1) and (2), may, through legislation, authorise any other court within its jurisdictional limits to exercise all or some of the powers granted to the Supreme Court under clause (2).
Article 32 serves as a fundamental safeguard to protect and ensure the enjoyment of fundamental rights by individuals. It empowers citizens to directly approach the Supreme Court when their fundamental rights are violated or threatened. This provision is crucial as it provides an effective mechanism for the protection of fundamental rights and acts as a check on the arbitrary exercise of power by the state.
The significance of Article 32 lies in its ability to provide immediate and effective relief to individuals whose fundamental rights have been violated. The Supreme Court, as the guardian of the Constitution, plays a vital role in protecting the rights of citizens and ensuring the rule of law. Through Article 32, the Supreme Court acts as a protector and enforcer of fundamental rights, thereby upholding the principles of justice, equality, and liberty.
It is important to note that Article 32 is not an absolute right and is subject to certain limitations. The Constitution itself provides for certain circumstances where the right conferred by Article 32 can be suspended. For instance, during a state of emergency, the right to move the Supreme Court for the enforcement of fundamental rights can be suspended. However, such suspension is temporary and subject to specific constitutional provisions.
ARTICLE 32 AS THE HEART AND SOUL OF THE INDIAN CONSTITUTION
The Indian Constitution stands as a testament to the nation’s fidelity to justice, equality, and the safeguarding of fundamental rights. Within its carefully crafted framework lies a provision that embodies the spirit and essence of this constitutional document – Article 32. Often regarded as the heart and soul of the Indian Constitution, Article 32 serves as the ultimate safeguard for the citizens of India, ensuring the enforcement and protection of their fundamental rights. This essay explores the significance and reasons why Article 32 is considered the cornerstone of Indian democracy.
Article 32 of the Indian Constitution grants every citizen the right to move the Apex Court directly for the enforcement of their fundamental rights. It acts as a powerful shield that protects individuals against any violation or infringement upon their basic human rights. By providing citizens with a direct remedy to approach the apex court, Article 32 ensures that the fundamental rights guaranteed by the Constitution are not mere declarations but practical realities.
One of the essential features of Article 32 is its role in facilitating judicial review. The Supreme Court, acting as the guardian of the Constitution, possesses the power to strike down laws, policies, or actions of the government that contravene the fundamental rights of citizens. Article 32 empowers the court to declare such laws or actions as unconstitutional, thereby safeguarding the rights and liberties of the people. This provision is crucial for maintaining a balance of power and upholding the principles of separation of powers.
Article 32 ensures that justice is accessible to all citizens, regardless of their socio-economic background. It serves as an equalising force, allowing marginalised and disadvantaged sections of society to seek protection of their fundamental rights. By enabling direct access to the Supreme Court, Article 32 eliminates the need for individuals to navigate a complex hierarchy of courts, which can be daunting and financially burdensome. This provision empowers the most vulnerable segments of society to assert their rights and seek redressal against any form of injustice or discrimination.
Article 32 not only guarantees the right to approach to the Supreme Court but also ensures the availability of effective constitutional remedies. The court, while exercising its powers under Article 32, can issue writs such as habeas corpus, mandamus, prohibition, certiorari, and quo warranto. These writs act as a powerful mechanism to protect the fundamental rights of citizens, prevent the abuse of power, and ensure the rule of law. The availability of these remedies through Article 32 further strengthens the accountability of the government and its institutions.
RESEARCH METHODOLOGY
The research methodology used in the following article is “ SURVEY RESEARCH, QUALITATIVE RESEARCH, and MIXED METHOD RESEARCH “. The vested data has been analysed, understood and interpreted through multiple case studies, surveys, researches and is a combination of primary and secondary sources. Narrower perspectives have been used and the article
REVIEW OF LITERATURE
Acknowledging that both the preamble and Article 32 are significant components of the Indian Constitution and play essential roles in shaping the constitutional framework and safeguarding democratic principles and individual liberties. The interpretation of their centrality may vary depending on individual perspectives and specific contexts.
The literature review highlights the importance of the Preamble and Article 32 of the Constitution of India in the administration and protection of fundamental rights in India. It presents conflicting views on whether the Preamble or Article 32 is more important in the constitutional framework. The preamble has been described as a fundamental element that describes the basic structure and objectives of a nation. It expresses the aspirations and values that the Constitution aims to achieve, such as justice, freedom, equality and fraternity. The preamble sets the tone for the entire constitution, reflects the common will of the people and embodies the spirit of the nation. On the other hand, Article 32 is formulated as the “right to constitutional means” and is considered decisive in protecting the fundamental rights of Indian citizens. It empowers individuals to approach the Supreme Court of India for enforcement of their fundamental rights. Article 32 authorises the Supreme Court to issue orders, orders or orders for the protection of the rights of individuals, which serves as an effective tool in the administration of justice and the support of the court.
CONCLUSION
In conclusion, Article 32 of the Indian Constitution is a vital provision that guarantees the right to constitutional remedies. It empowers individuals to seek redress from the Supreme Court when their fundamental rights are violated. Article 32 plays a crucial role in upholding the principles of justice and ensuring the protection of fundamental rights, thereby strengthening the democratic fabric of the nation. The prologue Preamble of the Indian Constitution stands tall as the heart of the Constitution, embodying the hopes, dreams, and aspirations of the Indian nation. It represents the collective will of the people, shaping the constitutional philosophy, guiding interpretation, and safeguarding fundamental rights. The Preamble’s emphasis on justice, liberty, equality, and fraternity serves as a moral compass for the nation, guiding its progress towards a just and inclusive society. It encapsulates the spirit of the Indian Constitution, representing the core values that bind the diverse nation together and inspire its pursuit of a better future for all.
NAME OF THE AUTHOR : SHREYA RAI
NAME OF THE UNIVERSITY : AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UTTAR PRADESH