GS Notes

Polity Notes 06

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Justice: Social, Economic, and Political

The Preamble to the Indian Constitution seeks to secure for all its citizens justice in three distinct forms: social, economic, and political. This triad of justice, inspired by the ideals of the Russian Revolution (1917), was incorporated to address the deep-rooted inequalities prevalent in Indian society. The Constituent Assembly, under the chairmanship of Dr. B.R. Ambedkar, was acutely aware that political independence would be meaningless without social and economic democracy.

  • Social Justice: This concept denotes the absence of socially privileged classes and the equal treatment of all citizens without any discrimination based on caste, colour, race, religion, sex, or place of birth.

    • Historical Context: Indian society was historically fragmented along caste lines, a system that institutionalized discrimination and oppression. The work of social reformers like Jyotiba Phule, Periyar E.V. Ramasamy, and Dr. B.R. Ambedkar highlighted the need for a constitutional framework to dismantle these structures. Ambedkar, in his work “Annihilation of Caste” (1936), argued for a radical social transformation.
    • Constitutional Provisions: The commitment to social justice is reflected in the Fundamental Rights (Articles 14, 15, 16, 17) and the Directive Principles of State Policy (e.g., Article 46, which directs the state to promote the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections). The policy of reservations in education and public employment is a key state action aimed at achieving social justice.

  • Economic Justice: This refers to the non-discrimination between people on the basis of economic factors. It involves the elimination of glaring inequalities in wealth, income, and property.

    • Historical Context: The colonial economic policies had created a vast chasm between the rich and the poor. The Zamindari system, for instance, created a class of landed aristocracy while impoverishing the peasantry. The post-independence goal, articulated in the Avadi Resolution of the Indian National Congress (1955), was to establish a “socialistic pattern of society.”
    • Constitutional Provisions: The Directive Principles of State Policy, particularly Article 39, embody the ideal of economic justice. It directs the state to secure an adequate means of livelihood for all citizens, ensure that the ownership and control of material resources are distributed to serve the common good, and prevent the concentration of wealth. The argument that economic growth automatically reduces discrimination is often debated, with scholars like Amartya Sen in his work “Development as Freedom” (1999) emphasizing that growth must be accompanied by social opportunities (like education and healthcare) to be truly effective.

  • Political Justice: This implies that all citizens should have equal political rights, equal access to all political offices, and an equal voice in the government.

    • Historical Context: Pre-independence India had restricted franchise based on property, tax, or education. The adoption of Universal Adult Franchise (Article 326) by the Constituent Assembly was a revolutionary step, granting every citizen above a certain age the right to vote, irrespective of their socio-economic status.
    • Constitutional Provisions: Besides Article 326, political justice is ensured through Fundamental Rights such as freedom of speech and expression (Article 19(1)(a)), and the right to form associations or unions (Article 19(1)(c)). This allows for political participation, dissent, and the formation of political parties.

Liberty

The term ‘Liberty’ in the Preamble signifies the absence of restraints on the activities of individuals, and simultaneously, the provision of opportunities for the development of individual personalities. The ideals of Liberty, Equality, and Fraternity were borrowed from the motto of the French Revolution (1789).

  • Scope: The Preamble specifies liberty of thought, expression, belief, faith, and worship.
    • Thought and Expression: This is the bedrock of a democratic society, allowing for the free exchange of ideas. It is guaranteed as a Fundamental Right under Article 19.
    • Belief, Faith, and Worship: These affirm the secular nature of the state, guaranteeing religious freedom to all individuals, as enshrined in Articles 25 to 28. ‘Belief’ is a broader, more democratic concept allowing for adherence to any ideology (e.g., capitalism, socialism), while ‘Faith’ is more specific to religious or doctrinal convictions.
  • Philosophical Underpinnings: The concept of liberty can be understood through the lens of political philosophy. Isaiah Berlin, in his essay “Two Concepts of Liberty” (1958), distinguished between ‘negative liberty’ (freedom from interference) and ‘positive liberty’ (the capacity and opportunity to act). The Indian Constitution incorporates both: it protects individuals from state coercion (negative liberty) and empowers them through DPSPs to achieve self-realization (positive liberty).
  • Qualified, Not Absolute: The Constitution clarifies that liberty is not a license to do as one pleases. It is subject to ‘reasonable restrictions’ to protect public order, decency, morality, and the sovereignty and integrity of India. The Supreme Court has repeatedly upheld this balance.

Equality

Equality means the absence of special privileges to any section of society and the provision of adequate opportunities for all individuals without any discrimination. It is the foundation upon which the pillars of justice and liberty stand.

  • Rationale: Indian society is not an ‘equal opportunity society’ due to historical injustices. Therefore, the Constitution provides for a framework to establish equality in three dimensions: civic, political, and economic.
  • Constitutional Provisions:
    • Civic Equality: This is ensured through the Fundamental Rights under Part III.
      • Article 14: Equality before law and equal protection of laws.
      • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
      • Article 16: Equality of opportunity in matters of public employment.
      • Article 17: Abolition of Untouchability.
      • Article 18: Abolition of titles.
    • Political Equality: This is established by Article 326 (Universal Adult Franchise) and provisions that allow any citizen to contest elections for public office, provided they meet the eligibility criteria.
    • Economic Equality: While the Preamble mentions equality of ‘status and opportunity’, true economic equality is pursued through the Directive Principles of State Policy. Article 39(d), for instance, directs the state towards securing ‘equal pay for equal work for both men and women’.

Fraternity

Fraternity means a sense of common brotherhood among all Indians. It is the social glue that binds a diverse nation together.

  • Contextual Significance: Given India’s immense diversity, the framers of the Constitution were deeply concerned about fissiparous tendencies like regionalism, communalism, and casteism. These divisive forces had already led to the partition of the country in 1947.
  • Ambedkar’s Vision: Dr. B.R. Ambedkar, in his concluding speech to the Constituent Assembly on November 25, 1949, underscored the importance of fraternity. He stated, “Without fraternity, liberty and equality could not become a natural course of things. It would be a coat of paint.” He argued that fraternity is the principle which gives unity and solidarity to social life.
  • Constitutional Provisions: The Preamble declares that fraternity must assure two things: the dignity of the individual and the unity and integrity of the nation.
    • The concept is promoted through the system of single citizenship.
    • Article 51A (Fundamental Duties), added by the 42nd Amendment, 1976, makes it a duty of every citizen “to promote harmony and the spirit of common brotherhood amongst all the people of India”.

Republic

The term ‘Republic’ in the Preamble indicates that India has an elected head of state, called the President. He is elected indirectly for a fixed period of five years.

  • Contrast with Monarchy: This stands in contrast to a monarchy, where the head of state (usually a king or queen) occupies the position on a hereditary basis. A democracy can have a monarchical head of state, as seen in a Constitutional Monarchy like the United Kingdom, where the monarch is the head of state but political power is exercised by elected representatives.
  • Implications of a Republic: A republic signifies two key principles:
    1. Vesting of political sovereignty in the people: The ultimate power rests not with an individual monarch but with the citizens.
    2. Absence of any privileged class: All public offices are open to every citizen without any discrimination.

Is the Preamble a part of the constitution?

The judicial interpretation of this question has evolved over time.

  • Berubari Union case (1960): The Supreme Court held that the Preamble is not a part of the Constitution. It acknowledged its significance as a key to understanding the minds of the framers and as an aid in interpreting ambiguous constitutional provisions, but it did not grant it the status of a substantive part of the Constitution itself.
  • Kesavananda Bharati case (1973): In this landmark judgment, the Supreme Court overruled its earlier decision. It held that the Preamble is an integral part of the Constitution. The court argued that the Preamble was adopted by the Constituent Assembly in the same manner as other parts of the Constitution. It also laid down the ‘basic structure’ doctrine, suggesting that the ideals enshrined in the Preamble are part of this basic structure.
  • LIC of India case (1995): The Supreme Court once again reiterated that the Preamble is an integral part of the Constitution, reinforcing the position established in the Kesavananda Bharati case.
  • Key Attributes: Despite being a part of the Constitution, the Preamble is:
    1. Non-justiciable: Its provisions are not enforceable in any court of law.
    2. Not a source of power: It neither grants any power to the legislature nor places any substantive limitation upon its powers.

Amendment to the constitution

The process of amendment allows the Constitution to adapt to changing needs and circumstances, making it a dynamic, living document. As Jawaharlal Nehru remarked, the Constitution should not be so rigid as to be unable to adapt to a changing nation.

  • Constitutional Provision: Article 368 in Part XX of the Constitution deals with the power of Parliament to amend the Constitution and the procedure for it.

  • Types of Amendment Procedures:

    1. Type I: Amendment by Simple Majority of the Parliament

      • Procedure: This requires a majority of more than 50% of the members present and voting in each House of Parliament. This process is outside the scope of Article 368.
      • Example Calculation: In Lok Sabha (strength 543), if 400 members are present and voting, a simple majority would be 201.
      • Provisions Amended:
        • Admission or establishment of new states (Article 2).
        • Formation of new states and alteration of areas, boundaries, or names of existing states (Article 3).
        • Abolition or creation of legislative councils in states (Article 169).
        • Citizenship – acquisition and termination.
        • Quorum in Parliament.
        • Salaries and allowances of the members of Parliament.
        • Fifth Schedule: administration of scheduled areas and scheduled tribes.
        • Sixth Schedule: administration of tribal areas.

    2. Type II: Amendment by Special Majority of the Parliament

      • Procedure: This is governed by Article 368 and requires a majority of the total membership of each House AND a majority of not less than two-thirds of the members of that House present and voting.
      • Explanation of Conditions:
        • Majority of Total Membership: This is also known as an ‘absolute majority’. For Lok Sabha (total membership 543), this is 272, regardless of vacancies or absentees.
        • Two-thirds of Present and Voting: This is a super-majority of the members participating in the vote.
      • Example Calculation: In Lok Sabha (543 members), suppose 450 members are present and voting.
        • First condition: The bill must get at least 272 votes (majority of total membership).
        • Second condition: The bill must get at least 2/3 of 450 = 300 votes.
        • Since 300 is greater than 272, the bill must secure a minimum of 300 votes to pass.
      • Provisions Amended:
        • Fundamental Rights (Part III).
        • Directive Principles of State Policy (Part IV).
        • All other provisions which are not covered by the first and third categories.

Prelims Pointers

  • The ideals of Justice (social, economic, and political) in the Preamble were inspired by the Russian Revolution (1917).
  • The ideals of Liberty, Equality, and Fraternity in the Preamble were taken from the French Revolution (1789).
  • The Preamble has been amended only once, by the 42nd Constitutional Amendment Act, 1976.
  • The three new words added to the Preamble were Socialist, Secular, and Integrity.
  • Berubari Union case (1960): SC held Preamble is not a part of the Constitution.
  • Kesavananda Bharati case (1973): SC held Preamble is an integral part of the Constitution.
  • LIC of India case (1995): SC reiterated that the Preamble is an integral part of the Constitution.
  • The Preamble is non-justiciable, meaning its provisions are not enforceable in courts.
  • A Republic is a state where the head of state is elected, not a hereditary monarch. India’s head of state is the President.
  • Article 368 of the Constitution deals with the power to amend the Constitution.
  • Provisions that can be amended by a simple majority include:
    • Formation of new states.
    • Creation/abolition of Legislative Councils.
    • Matters relating to citizenship.
    • Administration of Scheduled Areas and Tribes.
  • Provisions that require a special majority for amendment include:
    • Fundamental Rights.
    • Directive Principles of State Policy (DPSPs).

Mains Insights

  1. The Interdependence of the Preamble’s Ideals:

    • Argument: The ideals of Justice, Liberty, Equality, and Fraternity are not isolated concepts but form an interconnected union. Dr. Ambedkar referred to them as a ‘trinity’.
    • Analysis: Liberty without equality can lead to the domination of the few over the many. Equality without liberty could kill individual initiative. Without fraternity, the achievement of liberty and equality is nearly impossible in a diverse society like India, as it provides the necessary social cohesion. Justice, in its social and economic dimensions, is the ultimate goal which is achieved through the instruments of liberty and equality, bound by the spirit of fraternity.
    • Contemporary Relevance: This interdependence is crucial when analyzing contemporary issues. For example, debates on economic reservation (EWS) touch upon the balance between economic justice and the principle of equality. Similarly, laws restricting free speech (affecting liberty) are often justified on grounds of public order, which is essential for maintaining fraternity.

  2. Preamble as the ‘Basic Structure’ of the Constitution:

    • Viewpoint: The Supreme Court’s ruling in the Kesavananda Bharati case, making the Preamble a part of the Constitution, was a pivotal moment. By linking the Preamble’s philosophy to the ‘basic structure’ doctrine, the judiciary established itself as the ultimate guardian of the Constitution’s core identity.
    • Cause and Effect: This judicial activism was a response to perceived legislative overreach by the Parliament in the preceding years (e.g., 24th and 25th Amendments). The effect was a fundamental shift in the balance of power, creating a system of checks where Parliament’s power to amend the Constitution under Article 368 is not absolute.
    • Debate: This leads to the debate on Parliamentary Sovereignty vs. Judicial Supremacy. Critics argue that the ‘basic structure’ doctrine is undemocratic as it allows unelected judges to strike down amendments passed by the people’s elected representatives. Proponents argue it is a necessary safeguard against the tyranny of the majority and protects the soul of the Constitution.

  3. Flexibility and Rigidity in the Amendment Procedure:

    • Synthesis: The Indian Constitution is neither as flexible as the British Constitution (which can be amended by a simple legislative process) nor as rigid as the American Constitution (which requires a very difficult process). It is a synthesis of both.
    • Dr. Ambedkar’s Rationale: In the Constituent Assembly, Dr. Ambedkar defended this model, arguing that it was designed to be adaptable. The simple majority provisions allow for easy adjustments in administrative matters, while the special majority (and special majority with state ratification - Type III) requirements protect the federal structure and fundamental rights from being easily altered by a temporary majority in Parliament.
    • Implications: This tiered amendment process has allowed the Constitution to evolve significantly over 70+ years through more than 100 amendments, accommodating new socio-political realities (e.g., Panchayati Raj, GST) while preserving its core principles.

  4. The Challenge of Realizing Fraternity:

    • Analysis: While India has made significant strides in ensuring political justice, liberty, and formal equality, the ideal of fraternity remains the most challenging to achieve. Rising instances of communal violence, hate speech, caste-based atrocities, and regional conflicts indicate a weakening of this ‘sense of common brotherhood’.
    • Factors: The instrumentalization of identity for political mobilization, economic competition for scarce resources, and the spread of misinformation via social media are major factors undermining fraternity.
    • Way Forward: Strengthening fraternity requires more than just constitutional provisions. It necessitates proactive state action to curb hate speech, reforms in the education system to promote constitutional values, and a societal commitment to dialogue and tolerance.

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