Hello everyone let’s discuss chapter 4 of Indian polity by m LAX mcen book Preamble of the Constitution the American Constitution began with a preamble which is the introduction or preface to the Constitution it contains the essence of the Constitution and is considered the identity card by NA pivala the Indian Constitution’s
Preamble is based on the objectives resolution drafted by Pandit neru and adopted by the constituent assembly the 42nd Constitutional Amendment act 1976 amended the Preamble adding three new words socialist secular and integrity text of the Preamble The Preamble in its present form reads 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 individual and the unity
And integrity of the nation in our constituent assembly this 26th day of November 1949 do hereby adopt enact and give to ourselves this constitution ingredients of the Preamble The Preamble reveals four ingredients or components one source of authority of the Constitution the Preamble states that the constitution derives its
Authority from the people of India two nature of Indian state it declares India to be of a sovereign socialist secular Democratic and Republican poity three objectives of the Constitution it specifies justice Liberty equality and fraternity as the objectives four date of adoption of the Constitution it stipulates November 26th 1949 as the
Date key words in the Preamble One Sovereign India is an independent state free to conduct its own Affairs and has no Authority above it despite declaring its continued membership in the Commonwealth of nations in 1949 and accepting the British crown as its head this does not affect India’s sovereignty
India’s membership in the United Nations organization Uno does not limit its sovereignty as a sovereign state India can acquire foreign territory or seed a portion of its territory to a foreign state two socialist the Indian constitution even before the 42nd amendment in 1976 contained socialist content through certain State policy directive
Principles the congress party adopted a resolution to establish a socialistic pattern of society in 1955 and measures were taken accordingly the Indian brand of socialism is a democratic socialism which believes in a mixed economy where both public and private sectors coexist it aims to end poverty ignorance disease and inequality of opportunity Indian
Socialism is a blend of Marxism and gandhism leaning heavily towards Gandhi and socialism however the New Economic Policy 1991 of liberalization privatization and globalization has diluted the social credentials of the Indian state three secular the 42nd Constitutional Amendment Act of 1976 added the term secular but the
Supreme Court stated in 1974 that the constitution makers wanted to establish a secular State articles 25 to 28 guarantee the fundamental right to freedom of religion the Indian constitution embodies secularism ensuring all religions in the country have the same status and support from the state four Democratic a democratic
Poity is based on the doctrine of popular sovereignty which means the people possessing supreme power democracy can be direct or indirect with direct democracy involving the people exercising their power through various means such as referendum initiative recall and plenary indirect democracy also known as representative democracy involves elected representatives
Carrying on the government government and making laws the Indian constitution provides for representative parliamentary democracy with the executive responsible for all policies and actions the term Democratic is used in the Preamble to Encompass not only political democracy but also social and economic democracy Dr edar stressed the importance of social democracy in his
1949 speech stating that political democracy cannot last without social democracy which recognizes Liberty equality and fraternity he argued that these principles should not be separated as they form a union that cannot be divorced the Supreme Court also noted in 1997 that the constitution aims to establish an egalitarian social order
Ensuring social economic and political Justice for every citizen in a social and economic democracy of the bat Republic five Republic a democratic poity can be C categorized into monarchy and Republic in a monarchy the head of the state is hereditary like in Britain in a republic the head is elected
Directly or indirectly for a fixed period like in the USA India’s Preamble uses the term republic to indicate an elected president who is indirectly elected for 5 years a republic means political sovereignty is held by the people not a single individual and all public offices are open to all all citizens without
Discrimination six Justice the Preamble of the Constitution outlines three forms of justice social economic and political social justice involves equal treatment for all citizens without social distinctions based on cast Color Race religion or sex economic Justice eliminates inequalities in wealth income and property a combination of Social and economic Justice is known as
Distributive justice political Justice ensures equal political rights access to political offices and government voice the ideal of justice is derived from the Russian Revolution in 1917 these forms of Justice are secured through fundamental rights and directive principles seven Liberty the Preamble of the Indian constitution guarantees all citizens the freedom of thought
Expression belief faith and worship as per their fundamental rights this Liberty is crucial crucial for the functioning of the Indian democratic system however it does not equate to a license to do what one wants but rather a privilege enjoyed within the limitations outlined in the Constitution thus the Liberty envisioned by the
Constitution is not absolute but qualified eight equality the concept of equality in India refers to the absence of special privileges for any section of society and the provision of equal opportunities for all individuals without discrimination the Preamble ensures citizens of India equality of status and opportunity covering three dimensions Civic political and economic
The chapter on fundamental rights outlines Civic equality including equality before the law prohibition of discrimination based on religion race cast sex or place of birth equal opportunity in public employment abolition of untouchability and abolition of titles political equality is achieved through two Provisions no person is declared ineligible for
Electoral roles based on religion race cast or sex and elections to the Lo SAA and state assemblies based on adult suffrage the directive principles of State policy ensure equal rights to livelihood and pay for equal work nine fraternity the Indian constitution promotes a sense of fraternity through sing sing Le citizenship and the
Fundamental duties article 51a which emphasize the duty of every citizen to promote Harmony and common Brotherhood among all people of India transcending religious linguistic Regional or sectional diversities the Preamble asserts The Dignity of the individual and the unity and integrity of the nation with the word integrity added by the 42nd Constitutional Amendment
1976 the phrase Dignity of the individual signifies that the constitution not only ensures material betterment and maintains a democratic setup but also recognizes the sacredness of every individual’s personality the fundamental duties also protect the Dignity of women by requiring citizens to renounce practices derogatory to their dignity and uphold
The sovereignty unity and integrity of India the phrase un and integrity of the nation encompasses both psychological and territorial dimensions of national integration article one of the Constitution describes India as a union of States implying the indestructible nature of the Indian Union and aiming to overcome hindrances to National integration like communalism regionalism
Castism linguis and secessionism th significance of the Preamble The Preamble is a crucial part of the Constitution embodying the fundamental values and philosophy of the Constitution it reflects the vision of the constituent assembly and the aspirations of the founding fathers the Preamble is considered the horoscope of our Sovereign Democratic Republic by km
Muni and the soul of the Constitution by Pandit Tako Das parava sir Ernest Barker an English political scientist praised the political wisdom of the authors of the preamble describing it as the keynote to the Constitution miss hiah a former Chief Justice of India compared the preamble to the Declaration of Independence of
The United States of America but emphasized that it is the soul of the Constitution laying down the pattern of our political society and containing a solemn resolve that only a revolution can alter the Preamble is a symbol of the Constitution’s commitment to its principles and values Preamble as part of the Constitution the
Preamble a crucial part of the Constitution has been a subject of debate the Supreme Court has acknowledged its significance in guiding the creation of the Constitution but has also ruled that it is not a part of the constitution in the berubari union case 1960 the Supreme Court argued that the
Preamble outlines the general purposes behind the provisions and can provide inter ration assistance in ambiguous terms however in the kesavananda bharati case 1973 the Supreme Court rejected this opinion and held that the Preamble is an integral part of the Constitution the LC of India case 1995 also confirmed this the Preamble
Was enacted by the constituent assembly after the rest of the Constitution had been enacted to ensure it was in Conformity with the Constitution the current Supreme Court opinion that the Preamble is a part of the Constitution aligns with the founding father’s opinions however the Preamble is not a
Source of power to the legislature or a Prohibition on its powers and its Provisions are not enforcable in courts of law amenability of the Preamble the Supreme Court ruled that the Preamble a part of the Constitution cannot be amended under article 368 of the Constitution the case kesavananda barati
1973 raised the question of whether the Preamble can be amended the petitioner argued that the amending power in article 368 cannot be used to destroy or damage the basic elements or fundamental features of the Constitution which are enshrined in the Preamble the Court ruled that the basic elements or
Fundamental features of the Constitution cannot be altered by an amendment under article 368 the Preamble has only been amended Once In 1976 by the 42nd Constitutional Amendment act which added three new words socialist secular and integrity
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