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Thursday, October 17, 2019

Preamble of the Indian constitution



Preamble of the Indian constitution
  • Introduction
  • Text of the preamble
  • Ingredient of the Preamble
  • keywords explanation
  • Case related preamble
  • Amendment of the preamble
  • Current issues on preamble
  • Questions base on preamble
Introduction
  • American constitution was first to have preamble.
  • Many countries including India follow the practices.
  • It contains essence and summary of the constitution.
  • N A Palkhivala,a constitutional expert,Called the Preamble as identity card of the Indian Constitution.
  • The preamble of Indian constitution is based on objective resolution,drafted and moved by J L Nehru and adopted by the constitution assembly.
Text of the preamble with keywords explanation
We, The People of India, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:-
JUSTICE - Social, Economic and Political;
LIBERTY - of thought, expression, belief, faith and worship;
EQUALITY - of status and of opportunity; and to promote among them all
FRATERNITY - assuring the dignity of the nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Ingredient of the Preamble
  • source of authority of the constitution:-Preamble states that the source of the authority of the constitution derived from the people of India
  • Nature of the State::- It declares India as a Sovereign, Socialist, Secular, Democratic and Republican State.
  • Objective of the constitution:-It specifies Justice,liberty,equality and fraternity.
  • Date of adoption of the Indian constitution:-26 November,1949
keywords explanation
Sovereign
  • India is neither a dependent not dominated by other Nation.
  • India is free to take decision on the internal or external matter.
  • India's sovereign is not affected being the membership in UN, commonwealth.
  • India can acquire a foreign territory or cede a part of its territory in favor of foreign State.
Socialist:-
  • The term Socialist has been inserted in the Constitution of India by 42nd Amendment Act, 1976,contain in the form of certain Directive Principle of State Policy.
  • Indian socialism is democratic socialism(mixed economy mean coexistence of private and public sector,not communistic socialism(Involve in nationalization all production and distribution and abolition of private sector)
  • Supreme court said aim of the Democratic socialism is to eradicate poverty,inequality,ignorance. 
  • In the era of the LPG-1991(Liberalization,privatization and Globalization) has diluted the socialistic pattern of Indian State. 
Secular:
  • Secular term was added 42nd amendment of the constitution,although the nature of secular state present in the fundamental right(art 25-28) of the constitution .
  • Indian constitution adopt positive concept of secularism mean State give the same status to all religion, on the other hand western concept secularism,State is separated from the religion.
Democratic:-
  • It is based on the doctrine of popular sovereignty,Possessed supreme power in the hands of the people.
  • Democracy is two types Direct democracy(People exercise their supreme power directly by referendum,initiative,recall and plebiscite, ex-Switzerland) and Indirect democracy(People send their representative{MP,MLA} to make law on behalf them.)
  • Democracy is not only of the political democracy,but also social and economic democracy.
Republic:-
  • Democratic polity can be classified into two categories-1)monarchy(Head of the State is no elected,ex-UK) 2)Republic(head of the State is elected{directly or indirectly ex-India,US,President is elected})
  • Republic gives political Sovereignty and all office to the citizen without discrimination.
Justice
  • The term justice(Taken from Russian revolution-1917) embraces in three different forms:-social,economical and political secured by the various provisions of the Fundamental Right(Political Justice) and Directive Principle of State Policy (economical and social justice)
  • Social justice:-denote equal treatment of all citizen without discrimination base on caste,sex,colour,religion and so on.
  • Political justice:- all the citizens have equal political rights,equal access of all political offices and equal voice in the government.
  • Economic justice:-no discrimination on the basis of economic factor.
Liberty: -
  • It means absence of restrictions on the activities of an individual and providing opportunity for developing individual personality.
  • Preamble secures to citizens of India liberty of thought,expression,faith,belief and worship.
  • Liberty is not mean that do what you want, there are reasonable restrictions.
  • Idea of liberty,equality and fraternity come from France revolution.
Equality
  • Restriction of special privilege of a particular society,provide adequate opportunity to all individuals without discrimination.
  • The provision embraces three types of equality-civic(fundamental right),political(universal adult suffrage)and economical(DPSP-equal pay for equal work)
Fraternity
  • It means sense of brotherhood.
  • Fundamental duties articles 51A-citizen of india should promote harmony and spirit of common brotherhood.
  • It was added in 42nd amendment of the constitution 1976.
  • Unity and integrity cover both psychological and territorial dimension of national integration.
Case related preamble
one of the controversies about the preamble is ,whether it is a part of constitution or not
Berubari union case(1960):-Supreme court said:- preamble as General purposes behind the  several provision of the constitution.Terms use, have more than one meaning and ambiguous.Despite recognition of the significance of the preamble, supreme court opened that preamble is not the part of the constitution.
Kesavananda Bharati case(1973):-Supreme court reject the early opinion and said the preamble is the part of the constitution.
LIC India case(1995):-Supreme court again held that the preamble is the integral part of the constitution.
Note: Preamble is neither source of power to legislature nor prohibition upon the powers of legislature. It is non-justiceable in Nature and not enforceable in any court of law.
Amendment of the preamble
In Kesavananda Bharati case SC held that Preamble can be amended, subject to the condition that no amendment is done to the ‘basic features’.
The Preamble has been amended only once so far, in 1976, by the 42nd Constitutional Amendment Act, which has added three new words—Socialist, Secular and Integrity.


MCQs Practice base on preamble
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