Constitution is the supreme law of the country/state. No other law may conflict with it nor may the government do anything that violates it. It contains rights and duties of of citizen and guaranteed to secure their duties and also gives power to the citizen to elect their own leader. The Constitution guarantees democracy by giving every person over 18 the right to vote and ensuring one voters’ roll for all adult citizens, regular elections and a multi-party system of government. It says parliamentary elections must be held once every five years. To enjoy a joyfull life it must be necessary to have a rights to citizen.
Indian Constitution :-
The Constitution of India extends to the whole of India. The Preamble to the Constitution is a reflection of the core constitutional values that embody the Constitution. It declares India to be a Sovereign Socialist Secular Democratic Republic committed to Justice, Equality, and Liberty for the people.
Preamble of Indian Constitution does not grant substantive rights and is not enforceable in the courts, but various Indian courts have engaged with the Preamble and have treated it as a guiding light in the interpretation of the Constitution The Constitution provides for various rights, such as the Right of Citizenship, Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Right to Constitutional Remedies, Educational Rights, Right to Live with Dignity, Right to Move, Right to Move the Supreme Court, etc.
It also contains inherent rights, such as the Right to Shelter, Right to Employment, Right to Live as Transgender, Right to Property, Right to Access the Internet, Right to Marry, Right to Choose, Right to Privacy, Right to Compensation, Right to Sleep, Right to Elect, Right of Speedy Trial, Right to Clean Environment, Right to Reputation, Right to Choice, Right to Consult, etc. Preamble, Fundamental Rights and Duties, and Directive Principles of State Policy
In the “Kesavananda Bharati versus State of Kerela (AIR 1973 SC 1461)” the Supreme Court held that the Preamble is part of the Constitution. The Preamble certainly serves the following purposes.
It indicates the source from which the Constitution comes, i.e., the people of India. It contains the enacting clause, which brings the Constitution into force. The Preamble to the Constitution declares India to be a “Sovereign, Socialist, Secular, Democratic, and Republic”.
‘Sovereign’ means that the Constitution of India does not recognise the legal supremacy of any other country. India is not subject to interference of any other state or external power, concerning its internal and external affairs and policies. The sovereign power lies with the people of India, who have enacted the Constitution and recognised it as the supreme law of the land.
The term, ‘socialist’, was inserted in the Constitution by the 42nd Amendment Act, 1976. Socialism implies the control of the state over all means of production. In the context of the Constitution, it means ‘democratic socialism’, The term, ‘secular, was also added in the Constitution by the 42nd Amendment Act, 1976. it implies the absence of state-sponsored or state-favoured religion, i.e.. the state being neutral towards all religions.
‘Democratic’ means that the Constitution has provided for a form of government that derives its authority from none other than the ‘people of India. The government is elected by the people of the country, which is thereby, responsible to them. This notion is also implicit in Article 326 of the Constitution, which provides for the rule of adult suffrage. Under this provision, each individual above 18 years of age shall have the right to vote in the State Assembly and election to the House of the People.
‘Republic’ implies that there shall be an elected Head of the State, who will function as the Chief Executive Head, i.e., the President in the case of India.
The following are the objectives that the Preamble secures to every citizen. Justice: Social, economic, and political Liberty: Of thought, expression, belief, faith, and worship Equality: Of status and of opportunity and to promote arnong them all Fraternity: Assuring the dignity of the individual and the unity and integrity of the Nation
Can the Preamble Be Amended under Article 368?
This question was raised for the first time before the Supreme Court in the historic case of “Kesavananda Bharati versus State of Kerela (AIR 1973 SC 1461)” in that case, the Attorney General argued that by virtue of the amending power in Article 368, even the Preamble could be amended like any other provision of the Constitution. The petitioners, however, contended that the amending power in Article 368 was limited. The Preamble creates an implied limitation on the power of amendment. It contained the basic elements or fundamental features of the Constitution. Consequently, the amending power. could not be used to destroy or damage the basic features mentioned in the Preamble. It was urged. that the Preamble could not be amended as it is not a part of the Constitution. The Supreme Court, however, upheld the Preamble to be a part of the Constitution and, therefore, the decision held in Re Berubari case (AIR 1960 SC 845) was set aside. Upon the question as to whether the Preamble could be amended or not, the 13th Judges bench held that since the Preamble was a part of the Constitution, it could be amended, but subject to this condition that the ‘basic features’ therein could not be amended.
Fundamental Rights
The aim of having a declaration of the Fundamental Rights is that certain basic rights, such as the right to life and liberty, freedom of speech and expression, freedom of religion and so on, should be regarded as inviolable under all conditions and that the shifting majority in legislature of the country should not have a free hand in interfering with them. The Fundamental Rights are significant because they protect the rights and liberties of the citizens against the encroachment of power delegated by them to their government. They are limitations upon all powers of the government, i.e., legislative and executive, and that they are essential for the preservation of public and private rights. The importance of the Fundamental Rights was emphasised in the historic judgement of Maneka Gandhi versus Union of India (AIR 1978 SC 597). It was said that the Fundamental Rights represent the basic values cherished by the people the dignity of the individual and create conditions in which every human being could develop one’s personality to the fullest extent. They weaved a ‘pattern of guarantee’ on the basic structure of human rights and imposed obligations on the State to not to encroach on the liberty of an individual.
In this case, the Supreme Court held that the provisions of Part III should be given the widest possible interpretation. The Constitution permits ‘reasonable’ restrictions to be imposed on the liberties of an individual(s) in the interest of society. In the AK Gopalan versus State of Madras, (AIR 1950 SC 27) the Court held: “There cannot be any such thing as absolute and uncontrolled liberty wholly freed from restraint, for that would lead to anarchy and disorder. The possession and enjoyment of all rights are subject to such reasonable restrictions and have to be placed upon the free exercise of individual rights to safeguard the interest of society. What the Constitution, therefore, attempts to do by declaring the rights of the people is to strike a balance between individual liberty and social control.” To be a fundamental right, it is not necessary that a right must be specifically mentioned in a particular article. A right may be a fundamental right if it is an integral part of a named fundamental right or partakes of the same basic nature and character as the fundamental right. For example, it has been held that the right to travel abroad, speedy trial, free legal aid, protection to prisoners in jail for designating and inhuman treatment, etc., are not especially mentioned in the Constitution, but they are the Fundamental Rights guaranteed under Article 21 of the Constitution.
Conclusion:-
The Constitution is the Supreme Law which is protecting citizens’ rights and duties while limiting the government’s power. The Indian Constitution, through its Preamble and Fundamental Rights, ensures justice, equality, and liberty for all citizens. It also provides a framework for democratic governance, guaranteeing voting rights and the election of leaders. While the Preamble reflects the core values of sovereignty, socialism, secularism, democracy, and republic, it can be amended, provided the fundamental features are preserved. The Constitution also safeguards individual freedoms, balancing them with societal interests through reasonable restrictions, ensuring a fair and just society.