At the heart of every just society lies a simple question: Do we truly live by the rule of law?
Humankind is governed by laws; however, the common citizen often has only a vague understanding of the Constitution. In a country like India, where the literacy rate stands at 74.04 per cent according to the 2011 Census⁵ data that is now over a decade old, this gap becomes even more concerning. From a lack of basic civic sense, such as driving on footpaths to avoid traffic, to instances of mob violence in the name of religion, the disconnect between law and practice is evident. It is time to create greater awareness among citizens that the law exists to protect humans from one another.
As famously articulated by A. V. Dicey, the rule of law means that every individual, regardless of rank or status, is subject to the ordinary law of the land and amenable to the jurisdiction of ordinary courts.¹
A similar sentiment was expressed by Thomas Fuller in 1733: “Be you never so high, the law is above you.”²
In a developing country like India, historically divided along the lines of caste, race, and religion⁸ although the rule of law is firmly embedded in the Constitution, many citizens fall short of upholding its spirit in practice.
According to the Preamble of the Constitution of India⁶:
“We, the People of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic…”
Although we have solemnly resolved to establish India as a nation, in reality, we continue to struggle to live by these ideals. The opening words “We, the People of India” were not chosen casually; they represent a declaration of collective identity and a promise that, despite differences of religion, language, caste, and culture, the people of this nation would remain united in spirit and purpose.
However, that promise today appears fragile.
Across public discourse, political rhetoric, and even everyday conversations, religion has transformed from a matter of personal faith into a marker of division. Instead of serving as a source of moral guidance or cultural richness, it is often used to separate “us” from “them.” The idea of India as a pluralistic society, where diversity is a strength, is increasingly overshadowed by suspicion and division.
This shift raises a serious concern that we are narrowing our identities.
To reclaim the true meaning of “We, the People of India,” we must look beyond the labels that divide us and rediscover the shared identity that unites us. Religion, after all, was meant to guide individuals toward compassion, not conflict.
Articles 25–28 of the Constitution of India⁷ guarantee the freedom of conscience and the right to profess, practice, and propagate religion, subject to public order, morality, and health. The rule of law requires that such fundamental rights be protected, but it does not mandate that they be absolute. These rights must be balanced against the rights of others, necessitating reasonable restrictions.
In Ratilal Panachand Gandhi v. State of Bombay,³ the Supreme Court explained that freedom of conscience includes the right to hold beliefs and doctrines that an individual considers essential for their spiritual well-being.
After all, as John Rawls famously contended, a society attains justice and democracy only when its people actively uphold the principles of morality and constitutional governance.⁴
The Constitution gave us a vision. Whether that vision survives depends not on what is written in its pages, but on what is practised in our daily lives.
Until then, “We, the People of India” risks becoming less of a reality and more of an unfulfilled ideal.
Footnotes
1. A.V. Dicey, Introduction to the Study of the Law of the Constitution (Macmillan, 1885).
2. Thomas Fuller, Gnomologia: Adages and Proverbs (1733).
3. Ratilal Panachand Gandhi v. State of Bombay, AIR 1954 SC 388.
4. John Rawls, A Theory of Justice (Harvard University Press, 1971).
5. Office of the Registrar General & Census Commissioner, Census of India 2011.
6. Constitution of India, Preamble.
7. Constitution of India, arts. 25–28.
8. Granville Austin, The Indian Constitution: Cornerstone of a Nation (Oxford University Press, 1966).