Indian party for civil services and other state examination sixth revised Edition M lashmi Kant chapter 4th Preamble of the Constitution the American Constitution was the first to begin with a preamble many countries including India followed this practice the term Preamble refers to the introduction or preface to the Constitution it contains the shary
Orense of the constitution in a pikala an imminent zist and constitutional expert called The Preamble as the identity card of the Constitution the Preble to the Indian constitution is based on the objectives resolution drafted and moved by Pandit nehu and adopted by the Constitution assembly it has been amended by the 42nd
Constitutional Amendment act 1976 which added three new words socialist secular and integrity text of the Preamble the pre amble in it present from RS we the people of India having Solan resolve to constitute India into a sovereign socialist secular Democratic Republic and to secure to all its citizen justice
Social economic and political Liberty of thought expression belief faith and worship equality of status and of opportunity and to promoting among them all frity assuring the Dignity of the individual and the unity and integrity of the nation in our constitu constituent assembly this 26th day of November 1949 do hereby adopt inact and
Give to ourselves this constitution ingredient of the Preamble The Preamble reveals four ingredient or the components First Source of authority of the Constitutions the Preble stes that the constitution ders its Authority from the people of India second nature of Indian state declares India to be a sovereign socialist secular Democratic
And Republican party third objectives of the Constitution it specifies justice Liberty equality and fraternity as the objectives fourth date of adoption of the Constitution it stipulates November 26 1949 as the date key words in the Preamble certain keyword Sovereign socialist secular Democratic Republic Justice life Liberty equality and fraternity are explained as
Follows first Sovereign the world Sovereign implies that India is neither a dependency nor a Dominion of any other Nation but an independent state there is no Authority above it and it is free to conduct its own Affair both internal and external through is 1949 India declared the constitution of her full membership
Of the Commonwealth of Nations and accepted the British crown as the head of the Commonwealth this extra constitutional declaration does not affect India’s sovereignity in any manner further India’s membership of the United Nations organization Uno also in no way constitutes a limitation on her sovereignity being a sovereign state
India can either require a foreign territory a seat a part of its territory in favor of foreign State socialist even before the term was added by the 42nd amendment in 1976 the Constitution had a socialist content in the form of certain directive principles of State policy in other
Words what was he thr implict in the Constitution has now been made explict moreover the congress party itself adopted a resolution to establish a socialistic pattern of society init of the Season as early as the in 1955 and took measures accordingly notably the Indian brand of socialism a democratic
Socialism and not a communistic socialism also known as the state socialism which invol the national nationalization of all means of production and distribution and the evolution of private property Democratic socialism on the other hand holds faith in a mixed economy where both public and private sectors coexist side by side as
The Supreme Court says Democratic socialism aims to in poverty ignorance disease and inequality of opportunity Indian socialism is a blend of Maris and gandhism laning heavily towards the gandhian socialism the New Economic Policy 1991 the LA liberalization privatization and globalization has however diluted the Socialist credal of Indian
State secular the term secular 2 was added by the 42nd Constitutional Amendment Act of 1976 however as the Supreme Court said in 1974 although the world secular state were not expressed expressedly mentioned in the Constitution there can be no doubt that Constitution makers wanted to establish such a state and accordingly
Article 25 to 28 guaranteeing the fundamental right to freedom of religion have been included in the Constitution the Indian constitution embodies the positive concept of secularism all religions in our country irrespec to of their strength have the same state and support from the state democratic a Democratic party at
Stipulated in the Preamble is based on the doctrine of popular sovereignity that is posss of supreme power by the people democracy is of two types direct and indirect in direct democracy the people exercise their supreme power directly as in the case in Switzerland there are four devices of direct democracy namely referendum initiative
Recall and pite in indirect democracy on the other hand the representative elected by the people exercise the supreme power and thus carry on the government and make the law this type of democracy also known as representative democracy is of two kinds parliamentary and presidential the Indian constitution provides for representative
Parliamentary democracy under which the executive is responsible to the legislature for all policies and actions Universal adult franchise periodic elections rule of law independence of Judiciary and absence of discrimination on certain ground are the manifestation of the democratic character of the Indian politic the term Democratic is used in the Preble in the
Broader broader sense embarrassing not only political democracy but also social and economic democracy this Dimension was assessed by Dr Ed in his concluding speech in the constituent assembly on November 25 1949 in the following spe political democracy cannot last unless three unless they lies at the base of its social
Democracy what does social democracy mean it means a way of life which recognize Liberty equality and fraternity the principle of liberity equality and fraternity are not to be treated as separate items and inner Trinity they form a union of Trinity in the sense that to divorce one from the
Other is to defeat the very propose of democracy liberity cannot be divorced from equality equality cannot be divorced from liberity nor can liity and equality be divorced from fraternity without equality liberity would produce the supremacy of the few over the many equality without liability would kill individual initi in initiative in the
Same context the Supreme Court observed in 1997 that the constitution envisions to establish an literation social order rendering to every citizen social economic and political Justice in a social and economic dis democracy of the bat Republic Republic a Democratic party can be classified into two categories monarchy and Republic in a monarchy The
Head of the State usually king or k Eno aary position that is he come into office through succession Britain in a republic on the other hand the head of the state is always elected directly or indirectly for a fixed period USA therefore the term republic in our Preamble indicates that Indian has an
Elected hit called the president he elected indirectly for a fixed period of 5 years a republic also means two more things one wasting of political sovereignity in the people and not in a single individual like a king second the absence of any privileged class and hence all public offices being open to
Every citizen without any discrimination Justice the term Justice in the Preamble embarrasses three distinct forms social economic and political secured through various provisions of fundamental rights and directive principles social justice denote the equal treatment of all citizens without any social distination basis on cast Color Race
Religion sex and so on it means absence of privilege being extended to any particular section of the society and Improvement in the conditions of backward classes SC St and OBC and women economic Justice denotes the non discrimination between people on the basis of economic factors it involves the elimin ation of glaring inequalities
In wealth income and property a combination of social justice and economic Justice denote what is known as distributive justice political Justice imp impis that all citizens should have equal political rights equal access to all political office and equal voice in the government the idol of justice social economic and political has been
Taken from the Russian Revolution 1917 liberity the term liberity means the absence of restraints on the activities of individuals and at the same time providing opportunities for the development of individual personalities the Preamble secures to all citizens of India Liberty of thought expression belief faith and Mery through their fundamental rights enforceable in
Court of law in case of violation Liberty as elaborated in the Preamble is very essential for the successful functioning of the Indian democ ratic system however Liberty does not means licensed to do what one like and has to be enoyed within the limitations mentions in the Constitution itself in
Brief the Liberty conceived by the Preble or fundamental rights is not absolute but qualified the ideals of Liberty equality and Fraternity in our Preamble have been taken from the French Revolution 1789 to 1799 equality the term equality means the absence of a special privilege to any section of the society and the provision
Of adequate opportunities for all individual without any discrimination the Preamble secures to all citizens of India equality of states and opportunity this provision embarass three dimension of equality Civic political and economic the following provisions of the chapter on fundamental rights ensure Civic equality a equality before the law article 14 B
Prohibit of discrimination on ground of religions re caus sex or place of birth Article 15 C equality of opportunity in matters of public employment article 16 D evolution of untouchability article 17 e evolution of titles article 18 there are two Provisions in the Constitution that seek to achieve political equality
One no person is to be declared eligible or for inclusion in electoral roles on grounds of religion race cast or six article 325 two elections to the Lo saaba and the state assemblies to be on the basis of adult suffering article 326 the directive principles of State
Policy article 39 secure to men and women equal right to an Ute means of live live lihood and equal peace for equal work nine fraternity fraternity means a sense of Brotherhood the Constitution promotes this feeling of fraternity by the system of single citizenship also the fundamental duties article 51st see that
It shall be the duty of every citizen of India to promote Harmony and the spirit of common Brotherhood amongest all the people of India transing religious linguistic religional or sectional diversities the Preamble declares that fraternity has to assure two things the Dignity of the individual and the unity
And integrity of the nation the world Integrity has been added to the Preamble by the 42nd Constitutional Amendment 1976 according to km Muny a member of the drafting Committee of the constituent assembly the free Dignity of the individual signifies that the constitution not only ensures material bment and maintain a democratic setup
But that it also recognize that the personality of every individual is secured that is highlighted through some of the provisions of the fundamental rights and directive principles of a state policy which ensure the Dignity of individual further the fundamental duties article 51st D also protect the Dignity of women by stating that it
Shall be the duty of every citizen of India to renounce practice derogatory to the Dignity of women and also make the duty of every citizen of India to uphold and protect the sovereignity unity and integrity of India the phrase unity and integrity of the nation embarrasses both the psychological and territorial
Dimensions of national integration article first of the Constitution describes India as a union of states to make it clear that the state have no right to secate from the union implying the the indust indest industri nature of the Indian Union it aims at overcoming hindrance to National integration like communalism religion cesis linguist
Sexis and so on significance of the Preamble The Preble embodies the basic philosophy and fundamental values political moral and religious on which the Constitution is based it contains the Grand and Noble vision of the constituent assembly and reflects the dreams and aspirants of the founding fathers of the constitution in the word
Of Sir aladi Krishna Swami AER a member of the constituent assembly who played a significant role in making the Constitution the preamble to our constitution Express what we had thought or dreamed so long according to K MIM a member of the drafting Committee of the constituent assembly the Preamble is the
Horoscope of our Sovereign Democratic Republic Pandit takur Das bhava and another member of the constituent assembly summed up the importance of the Preamble in the following words the Preamble is the most precious part of the Constitution it’s the soul of the Constitution it’s a key into the
Constitution it is a well City in the Constitution it’s a proper y district with the which one can measure the worth of the Constitution sir Earnest burer a distinguished English political scientist paid a glowing tribute to the political VIs of the authors of the Preamble he described the Preamble as
The key note to the Constitution he was so moved by the text of the Preamble that he quoted it at the opening of his popular book principles of social and political Theory 1951 m hullah a former Chief Justice of India observed Preamble resembles the declaration of independence of the
United States of America but is more than a declaration it is a s of our Constitution which which lays down the pattern of our political Society it contains a Solon resolve which nothing but a revolution can alter Preamble as part of the Constitution once of the controversies
About the Preamble is as to whether it is a part of the Constitution or not in the berubari union case 1916 the Supreme Court said that the Preamble sues the general purpose behind the several Provisions in the Constitution and is thus a key to the minds of the
Makers of the Constitution further where the terms used in any article are amb visious or capable of more than one meaning some assistance at interpretation may be taken from the objective incident in the Preamble despite the recognization of the significance of the Preamble the Supreme Court is specifically opened that
Primble is not a part of the constitution in the casan and case 1973 the Supreme Court rejected the earlier opinion and held that Preble is a part of the Constitution it observed that the pble is of extreme importance and the Constitution should be read and interpreted in the light of the Grant
And Noble Vision expressed in the Preamble in the L of India case 1995 also the Supreme Court again held that the Preble is an integral part of the Constitution like any other part of the Constitution the Preamble was also enacted by the constituent assembly but after the rest of the Constitution was
Already enacted the reason for inserting the Preamble at the end was to ensure that is that it was in confront meeting with the Constitution as adopted by the constituent assembly while forwarding in the Preble of for VES the president of the constituent assembly said the question is that Preble stands part of
The Constitution the motion was the adopted hence the current opinion held by the Supreme Court that the Preamble is a part of the Constitution is in consonance with the opinion of the founding fathers of the Constitution however two things should be noted first the Preamble is neither a
Source of power to legislature nor a Prohibition of the powers of legislature second it is njustice that is its Provisions are not enforcable in courts of law amenability of the Preble the question as to whether the Preamble can be amended under article 368 of the Constitution ER for the first time in
The historic kishan nandhi Cas 1973 it was urged that a preamble cannot be amended as it is not a part of the Constitution the pettier contained that the amending power of article 368 cannot be used to destroy or damage the basic elements or the fundamental feature of
The Constitution which are incident in a preamble the Supreme Court however held that the Preamble is a part of the Constitution the court is stated that the opinion tendered by the in the buub union 1960 in this regard was wrong and held that the Preamble can be amended
Subject to the condition that no amendment is done to the basic feature in other words the Court held that the basic element or the fundamental feature of the Constitution and contained in the Preble cannot be altered by Amendment under article 368 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 to the Preamble this amendment was held to be valid
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