Unveiling the Soul of India's Constitution: Justice Narasimha Links Preamble Values to Ancient Dharma

In a groundbreaking lecture that delved deep into the philosophical origins of India's foundational document, Supreme Court Justice P.S. Narasimha presented a compelling argument: the core values embedded in the Preamble of the Indian Constitution—justice, liberty, equality, and fraternity—do not solely stem from Western constitutional thought but are profoundly rooted in the ancient Indian concept of 'Dharma'.

Addressing an esteemed gathering organized by the Tamil Nadu State Judicial Academy and the Madras Bar Association, Justice Narasimha articulated a vision where the Constitution’s Preamble serves as more than just a statement of intent.

He posited it as a reflection of 'Dharma', a multifaceted concept encompassing duty, righteousness, moral law, and the very essence of existence. This perspective offers a unique lens through which to understand the Preamble, suggesting it encapsulates a constitutional culture that is distinctly Indian, not merely an import.

Justice Narasimha drew upon classical Indian texts, particularly the Mahabharata and the Ramayana, to illustrate how the principles of justice, fairness, and societal harmony were integral to ancient Indian governance and philosophical discourse.

He highlighted the distinction between Western legal positivism, which often views law as a command, and the Indian tradition, where law is intrinsically linked to 'Dharma'—a higher moral order from which duties and rights derive. This nuanced interpretation suggests that the architects of the Constitution, while incorporating global best practices, imbued the document with an indigenous spirit.

The Justice further elaborated on the concept of 'constitutional morality' and 'constitutional culture', emphasizing their critical role in the functioning of a democratic society.

He reminded the audience of Dr. B.R. Ambedkar's profound insights into fraternity, stressing that Ambedkar himself viewed this principle not as an alien notion but as one deeply ingrained in the cultural fabric of India, requiring conscious cultivation. This reinforces the idea that the Preamble's ideals resonate with a long-standing Indian commitment to social cohesion and mutual respect.

Discussing the enduring legacy of the Kesavananda Bharati case, Justice Narasimha underscored how the 'basic structure doctrine' safeguards the fundamental values enshrined in the Preamble, preventing any erosion of the Constitution's core identity.

He emphasized the judiciary's vital role in upholding these values through robust judicial review, ensuring that the Constitution remains a living document that continually upholds the vision of its framers, rooted in both universal principles and India's unique heritage.

The event, held at the High Court auditorium, saw the presence of other distinguished legal personalities, including Justice Sanjay V.

Gangapurwala, Chief Justice of the Madras High Court, who graced the occasion. R. Prabakaran, Director of the Tamil Nadu State Judicial Academy, and Mohan Parasaran, former Solicitor General of India, were also notable attendees, signifying the importance and intellectual weight of Justice Narasimha's discourse.

His lecture served as a powerful reminder that while the Constitution is a modern marvel, its deepest values resonate with the timeless wisdom of India's ancient traditions.