Preamble
During the national
struggle our leaders indicated that in the constitutional set up in free India
people would be granted certain rights. In fact, in the various schemes
relating to future constitutional set up, there were references of particular
rights that the people of India should be granted. The Commonwealth of India
Bill (1925), the Nehru Committee Report (1928), the memorandum of the National
Trade Union Federation submitted to the Joint Committee on Indian
Constitutional Reforms (1932- 33), the Memorandum submitted by M.
Venkatarangaiah to the Sapru Committee and the Sapru Committee Proposals
provided for various Fundamental Rights that the people of free India should
get. The Constitution which lays down the basic structure of a nation's polity
is built on the foundations of certain fundamental values. The vision of our
founding fathers and the aims and objectives which they wanted to achieve
through the Constitution are contained in the Preamble, the Fundamental Rights
and the Directive Principles.
Preamble
The framers of the
Constitution sought to unite the vast country with its great diversity of
languages and creeds within a common bond of constitutional justice based on
the great ideals of liberty, equality, fraternity and justice. Framers showed
an uncompromising respect for human dignity, an unquestioning commitment to
equality and non-discrimination, and an abiding concern for the poor and the
weak The Preamble through its noble words promised Justice, social, economic
and political; Liberty of thought, expression, belief, freedom of faith and
worship; Equality of status and of opportunity and to promote Fraternity,
assuring the dignity of the individual and the unity and integrity of the
Nation. Speaking of the imperatives of social democracy,
Dr. Ambedkar said:
"it was, indeed,
a way of life, which recognizes liberty, equality and fraternity as the
principles of life and which cannot be divorced from each other: Liberty cannot
be divorced from equality; equality cannot be divorced from liberty. Nor can
liberty and equality be divorced from fraternity. Without equality, liberty
would produce the supremacy of the few over the many. Equality without liberty
would kill individual initiative. Without fraternity, liberty and equality
could not become a natural course of things."
The Socio-economic
Agenda
The scheme of the
Constitution for the realisation of the socio-economic agenda comprises of both
the justiciable Fundamental Rights as well as the non-justiciable Directive
Principles. The judicial contribution to the synthesis and the integration of
the Fundamental Rights and the Directive Principles in the process of
"constitutionalising" social and economic rights has been crucial to
the realisation of the Directive Principles not only as a means to effectuate
Fundamental Rights but also as a source of laws for a welfare state.
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