To what extent, in your opinion, have the ideals of the Preamble been realised in the country's 75-year constitutional journey?
Main Body
As Nani Palkhivala remarked, the Preamble is the identity card of the Constitution. It is important to check the progress achieved on its values as a litmus test.
Ideas of Preamble Realised:
Social, Economic, and Political Justice
ex: MNREGA for employment
Nani Shaft Adhinyam for women's reservation
Protection of Civil Rights Act, 1955
Liberty of Thought, Belief, Expression
ex: Freedom of press upheld (Roman Thapor case)
Freedom of religion upheld (Essential Practice Doctrine)
Dignity of individual
ex: BNC and GNSS for reformative ensured of remainder law.
Sovereignty, Socialistic, Secular Republic
ex: Strategic autonomy for sovereignty
PM Gujrat Kayyan Yojana for state support
Non-discrimination on religious base
However, it is not a complete success as:
Instances of religious nationalism.
ex: Bhopal Aryan by PM at Parliament
Rise of people under poverty
ex: Violated economic justice
Instances of overreach of ED, CBI
ex: Violated democratic dissent.
The evolution of Right to Property from a fundamental right to constitutional right under Art. 300-A showcases an evolution.
Property Right - Individual Right vs Public Welfare:
Originally, a fundamental right
ex: Guaranteed under Art. 19 of the constitution
Clash with the ideals of Land Reforms; here
ex: Champakail Doradian case (LSC held IFTs are supreme)
First Amendment to the Constitution
ex: Protected Public Welfare and Directive Principles.
Ultimately, converted into a constitutional right.
ex: Under Art. 300-A
Balancing individual rights with the notion of social welfare
ex: Supremacy of Article 39(b)(c) by the supreme court.
Way forward contemporarily:
Protect the Right to Property
ex: To promote investment (CLR Law, 2012)
Promote public welfare through consensus-oriented model.
ex: Sahakaar & Samgrahe
Thus, while the position of property rights have evolved, the underlying tenant of advancing national interest should continue to guide us towards 'Vikkat Bharat'.
— AMRIT MAHHAPATRA · AIR 121
Conclusion
24 words
- Discusses evolution clearly
- Balances individual and public welfare
- Relevant case law
- Clear evolution presented
- Balances competing interests
- Relevant constitutional provisions
AMRIT MAHHAPATRA
Preamble
Ideals Realisation
Constitutional values in 75 years
327
Total words
20
Paragraphs
analytical and balanced
Tone