Dr. B.R. Ambedkar once famously stated, "The Constitution is not a mere lawyer's document, it is a vehicle of life, and its spirit is always the spirit of the age." These profound words remind us that the Constitution of India holds immense significance, shaping the course of our lives and embodying the ideals of our time. It is a democratic masterpiece that ensures the development and peace of our nation's citizens. Moreover, within the realm of constitutional law, we find the Principles of Natural Justice, which serve as a guiding light for justice and fairness. As the act of government unfolds, the relevance of discussing the Constitution and its preamble continues to grow, making it our duty to be knowledgeable about this fundamental document that governs us all.

The Power of the Preamble

"We, the people of India" - With these words, the greatest written Constitution in history was born. It was a product of two years, two months, and eighteen days of extensive deliberation, culminating in the unanimous acceptance of our Constitution on January 26, 1950. The preamble of the Indian Constitution is not a mere decorative addition; it holds profound meaning and purpose. It was initially presented as an "objective resolution" by Jawaharlal Nehru during the Constitutional Assembly in December 1946. After vigorous and democratic discussions, it was officially adopted as the preamble of the Constitution in January 1947. President Rajendra Prasad, urging the members to vote in favor of this momentous resolution, acknowledged its solemnity and the promise it held for the future of our nation.

Throughout this process, charismatic leaders put forth their opinions, each adding a unique perspective. Maulana Hazrat Mohani, the creator of the slogan "Inquilab Zindabad'' that resonated across India, proposed the formation of a Union of Indian Socialistic Republic, inspired by the USSR, at the Allahabad Congress in 1921. However, this idea was countered by Deshgupta, a seasoned orator. Another noteworthy opinion came from HV Kamath, who suggested consecrating the Constitution through a solemn dedication to God in the spirit of the Bhagavad Gita. After exhaustive debates, a conclusion was reached, and the resolution was put to vote, resulting in 41 votes against and 68 in favor. This rejection of the resolution sends a powerful message that India is a democratic country, where no laws or opinions contradicting this principle can be passed or accepted.

One remarkable voice that emerged during these discussions was that of Shiban All Saksena from Agra, who proposed, "In the name of God the Almighty, under whose inspiration and guidance, the Father of our Nation, Mahatma Gandhi, led the Nation from slavery into freedom, by unique adherence to the eternal principles of satya and ahimsa, and who sustained the millions of our countrymen and the martyrs of the Nation in their heroic and unremitting struggle to regain the Complete Independence of our Motherland." Brajeshwar Prasad, however, challenged this idea, stating that it did not align with a Gandhian Constitution.

These deliberations highlight the intricate process behind the drafting of our preamble. The inclusion of the profound and remarkable principles of democracy, such as secularism, added through the 42nd Amendment in 1976, reveals the beauty and significance of the discussions that shaped our Constitution. It is crucial that we appreciate the depth of these deliberations, which give meaning to our democratic country, India, often referred to as unity in diversity.

Protecting Our Rights: The Power of Article 32

The Constitution of India clearly outlines the rights of its citizens, with fundamental rights occupying a paramount position. These rights go beyond mere privileges; they are essential for the well-being of individuals, especially in a democratic and republican country like ours. Article 14 enshrines the principle of equality, while Article 19 protects our freedoms, and so on.

However, a question arises: What can citizens do when their rights are violated by individuals, institutions, or even the government itself? Do they have the right to protest, file a case against the party, or directly approach the courts? The Constitution Assembly pondered over these arduous questions and found the solution in Article 32, which guarantees citizens the right to move the Supreme Court for the enforcement of their fundamental rights. It grants the Supreme Court the power to issue directions, orders, and writs, including habeas corpus, mandamus, prohibition, quo warranto, and certiorari, as necessary for the protection of these rights. Furthermore, Parliament is empowered to authorize other courts to exercise similar powers within their jurisdictions.

This constitutional provision, especially the clause stating that the right guaranteed by Article 32 shall not be suspended, holds immense significance in contemporary times. Dr. B.R. Ambedkar aptly referred to Article 32 as the "Heart and Soul of the Indian Constitution," as it bestows great power and privilege upon citizens to seek redress when their fundamental rights are infringed upon.

Article 32 says: Remedies for enforcement of rights conferred by this Part -

1. The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed
2. The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part
3. Without prejudice to the powers conferred on the Supreme Court by clause ( 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. The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.”

Courts and the Principles of Natural Justice

Courts are not mere structures; they embody the hopes and aspirations of citizens seeking justice when their rights are trampled upon. The courts have the authority to question the actions of the ruling government if they are found to be in violation of the law. However, in recent times, doubts have been raised regarding the silence of the courts when the government acts unlawfully and fails to ensure the security of its citizens.

In such instances, we must turn to the Principles of Natural Justice. These principles, established by judges, exemplify judicial activism and serve as a guiding force for fairness and equity. They include the maxim "Nemo in propria causa judex esse debet" (No one should be made a judge in their cause) and the rule of "Audi alteram partem" (Hear the other side). These principles ensure that no one is condemned unheard and guard against personal bias, pecuniary bias, subject-matter bias, institutional bias, and policy notion bias due to obstinacy. They also encompass the right to be informed and the right to know the evidence against the accused.

It is heartening to witness our courts upholding these principles in contemporary times. However, we have witnessed instances where citizens are arrested or targeted without proper information or evidence. When citizens approach the courts seeking redress, the government often remains unfazed, anticipating the court's response. It is crucial to remember that the words of Golwalkar Savarkar, claiming that our Constitution is a cumbersome and heterogeneous combination of articles borrowed from Western countries, are not only false but also reflective of his propagation of fascist ideologies.

In Conclusion

As we delve into discussions about democracy, unity in diversity, and other facets of India, we must acknowledge that some of these values are fading due to the rise of fascist ideologies. It is our responsibility as citizens to remind the courts and administrations of the guiding principles and laws crafted by our visionary scholars. The Constitution is not a mere document but a living embodiment of our rights and freedoms. Let us cherish and protect it, for it defines the spirit and soul of our great nation.

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