By Jacob Peenikaparambil
Indore: The dignity of individual is the topmost universal value of the Indian Constitution, asserts Supreme Court lawyer M P Raju.
Fraternity and dignity of the Individual are based on the Universal Declaration of Human Rights, the lawyer told 270 participants of a webinar organized by Indore’ Universal Solidarity Movement on January 26, India’s Republic Day.
According to the preamble of the Indian Constitution, a core universal value is “Fraternity” assuring the dignity of the individual and the unity and integrity of the Nation,” Raju added in his 45 minutes talk.
The lawyer explained the relationship between Individual Dignity and other universal values mentioned in the preamble. In this context he referred to an intense debate that took place in the Constituent Assembly regarding the significance to be assigned to Dignity of the Individual and the Unity and Integrity of the Nation. Finally the members of the Constituent Assembly agreed to give precedence to the Dignity of the Individual to unity and integrity of the nation.
Raju emphasized that this dignity is the foundation of all other universal values. Dignity gives birth to equality, freedom and justice, the other universal values enshrined in the preamble of the Indian Constitution, he said. In the absence of human dignity all other values do not make any sense.
Raju was speaking on the topic, “Ancient Republics to a Constitutional Republic: Indian Transition to Universal Values.” He briefly explained the difference between the republics India had in the ancient times, from 6th century BC onwards, and the republic envisaged in the Indian Constitution. In the ancient republics in India, governance was done by particular groups or oligarchies. The low caste people and women had no role in the governance. They were excluded.
The concept of republic envisaged in the Indian constitution is totally different from what was practised in the ancient republics. Sovereignty, according to the Indian constitution, is vested in each individual of India, Raju said. That is why the preamble of the Indian Constitution begins as “We, the people of India”.
In his speech, Raju also explained what is meant by the Universal Values. They constitute a set of values that are applicable to all and across all sections of the society, and they are non-negotiable. These values are highlighted in the preamble of the Indian Constitution: JUSTICE, LIBERTY, EQUALITY and FRATERNITY that assures the DIGNITY OF THE INDIVIDUAL and the unity and integrity of the nation. In fact, these values are found in the international conventions like UDHR to which India is a signatory.
In this context Raju referred to an interesting discussion that took place in the Constituent Assembly. There was a debate among the members whether the preamble should be started with the word, ‘God’. Even though the majority of the members of the Constituent Assembly were believers in God, the proposal was voted out. As the concept of God means different things to different people and there are atheists who do not believe in God, it was not accepted as a Universal Value in the Indian constitution.
Responding to a question from a participant, Dr. Raju said that political democracy is meaningless without social and economic democracy. They are part and parcel of humanism. That is why part IV of the constitution, Directive Principles of State Policy, is inserted into the constitution of India. These principles are related to social justice, economic welfare and legal and administrative matters. It is the duty of the state to make policies and implement them in order to translate these principles into reality.
In this context, he mentioned that the constitution envisages preventing concentration of wealth and power in the hands of a few. The controversial farm laws passed by the government of India are to be assessed from the perspective of equitable distribution of wealth, as envisaged in the constitution. The constitution enjoins the government to protect the weak and not the rich and the powerful. These laws may contribute to economic growth, but what the constitution emphasizes is equity and protecting the week.
Responding to another question “Is justice available in India only to the rich?” Raju said that provisions are available in India for financial and legal assistance to the poor people, but often the poor are not aware of them and they do not know how to access these provisions. All of us, including school students, can help the poor to access legal aid from the government.
Responding to another question concerning amendments to the constitution, Raju said that the purpose for which amendment is made is very significant. The amendments should be in favour of safeguarding and promoting the Universal Values.