Yes let us start okay so very good afternoon good afternoon so yesterday I think we have started Preamble and we discussed some of the important key terms associated with that of the Preamble like we started with that of uh Liberty and then previously we have seen like what is a complete text
Of the Preamble like and the characteristics of the Preamble like Sovereign socialist secular Democratic and Republic and then also we have seen the objectives justice social economic and political Liberty of thought expression belief faith and worship today we will continue with the equality okay so equality is basically it
Mentions about two important things equality of status and equality of opportunity equality of status and as well as equality of opportunity which means that everybody has to be treated equally and the status of everybody has to be same so there are certain Provisions in our constitution like for example fundamental rights fundamental
Rights from article number 14 to 18 of the Constitution okay article number 14 to 18 of the Constitution provides us about this equality related Provisions like for example article number 14 deals with equality before the law article number 15 so the state shall not discriminate any on the basis of certain grounds
Article number 16 so the state shall not discriminate on certain grounds in the case of public employment and finally article number 17 abolition of untouchability and article number 18 deals with abolition of titles all these Provisions we will discuss in detail in the later on classes okay as of now we
What we have to understand is that these Provisions will enable us to ensure that equality is maintained okay and also at the same time so that opportunity is provided the same thing we have written the content here equality of status refers to equal regard and respect to all individuals regardless of their
Background their social standing and economic conditions whatever their economic conditions is to whatever the cast they belong to whatever religion they belong to that doesn’t matter so okay so we will provide that so-called equality to those particular people and then it also implies the absence of any forms of discrimination based on cast
Creed color religion or social economic status ensuring that all individuals are treated equally in the eyes of the law and as well as Society I hope you are clear with these particular points if that is the case the same applies equality of opportunity for example we have something called public
Employment in the case of public employment is there any discrimination is there any discrimination that you are not eligible no such discrimination is there so that means everybody will be treated equally in the case of public employment that means you are providing to everybody equal opportunity so and also it means
That but however we are providing some reservations to the backward classes so that is not comes under this particular discrimination that is actually positive discrimination that is also called as affirmative action okay so we will discuss that in detail so therefore that is all about equality of opportunity
This entails providing equal chances to everyone to develop their skills and talents so that to pursue their aspirations without any unfair barriers or discriminations so there should not be any unfair practices which are discriminatory in nature so that deals with all about it includes like equal access to education admission to educational institutions
And as well as employment in the case of public employment and other resources which are necessary for the personal and as well as professional development that is all about equality of opportunity so the first objective is Justice okay the first objective is Justice divided into like social justice economic Justice
Political justice social justice and economic Justice together constitutes distributive justice okay and then we have Liberty is that Liberty absolute in nature is that Liberty absolute it is not it is set restricted it is applicable to I mean there are certain restrictions on that particular Liberty okay and we have different types of
Liberty like Liberty of thought Liberty of expression Liberty of Faith Liberty of belief and worship and then comes equality of status and as well as Brotherhood then the F final term comes called as fraternity fraternity is basically so the sense of Brotherhood correct okay so that means there should
Be a sense of Brotherhood between the two human Indian citizens basically okay okay so there should not be any spread of hatred against another individual or another Community or another section okay so there should be the people have to live in harmony with each other and
Have to help with one another that is all about fraternity so when you read the particular these things fraternity is basically a key principle in the Preamble of Indian constitution fostering a sense of Brotherhood Brotherhood among all the citizens okay next this principle not only is about
Promoting social harmony but it is also about ensuring that the nation remains United and as well as integrated okay the other objective of the fraternity is basically the unity and as well as Integrity of our country okay to ensure that particular unity and as well as Integrity so we will this is
One of the objectives of the fraternity and the another objective is assuring the Dignity of the individual what does it mean by so the dignity means it’s not only right to life right to life with dignity that means they should have a respect so no they should not be
Discriminated so they should have a lead a dignified life respectable life nothing but okay so that is being assured by this fraternity and Preamble as a all okay Fraternity in the context of Indian constitution involves recognizing and respecting the inherent Dignity of the every individual ual okay
So this is the fourth objective called as fraternity there are only four objectives mentioned in the Preamble starting from Justice next one is Liberty next one is equality and then comes fraternity okay so these are the four objectives and on the first part we talked about what is the nature of our
Country for example like what is the nature of our country Sovereign socialist secular Democratic and Republic out of all these five words what was the what were the words which were added later secular secular and what other one word socialist correct socialist and as well as secular were added later through 42nd
Constitutional Amendment act 1976 even the year and the amendment is also very important okay fine then the same thing apart from the fraternity apart from uring the unity Dignity of the individual it also ensures the it ensures that and integrity of the nation that means India as a whole should be a
Single entity it should be like it should not be divided into multiple these things okay so like for example regionalism communalism so all these what it will do it will break the India into multiple parts that should not happen and the objective of this Preamble is to ensure that that unity
And integrity has to be maintained and again which word was added later in unity and integrity which word was added later is it Unity or is it Integrity Integrity correct so socialist and as well as the secular and then Integrity these three words were added later on through the
Constitutional Amendment 42nd one okay then then comes a very important question is the preamble part of the Constitution is this Preamble which is basically considered as a for word or basically considered as a prease or introduction to the Constitution is it part of the Constitution or is it
Completely separate part of the part of the Constitution or is it was separate so this was the question who has to answer whenever something has to be interpreted in the Constitution it is the Supreme Court which will answer okay this question will be posed to Supreme Court and Supreme Court will answer this
Particular question not only this question anything with respect to Constitution so something a question has to be asked then immediately it is a supreme court we have to ask and the same question was posed to the Supreme Court as well sir is this Preamble that was
Drafted and the it is taken from which Constitution the idea of having a preamble is taken from American Constitution the content that is there in inside the Preamble is taken from the the content inside the Preamble is taken from the Indian constitution that is fine objectives resolution whatever that is there in
Objectives resolution in the year moved by who moved it who moved the objectives resolution pit jawahar Neu correct Pandit Jawal Neu has moved this objectives resolution and the same thing was incorporated into the pre Preamble of our constitution fine if that is the case the same question was asked is the
Preamble part of the Constitution or not then in the first important case is the 1960 birubari Case birubari Case okay in this berubari case 1960 Supreme Court has held that Preamble is not a part of the Constitution okay in which of the following cases did the Supreme Court held that the Preamble is
Not a part of the Constitution it was the birubari case which took place in the year 1960 in this particular case the Supreme Court has held that no Preamble is not a part of the Constitution okay and then the second important point it said is that it is basically key to
The Constitution okay fine key to the minds of the framers of constitution so this Preamble is basically like a key key to what key to the minds of the Constitutional makers so that means how what was their thought process how they thought how that how they envisioned that constitution of
India should be that all those particular objectives will be explained through Preamble that means if somebody reads the Preamble they can understand the what is the objective of this constitution like what is about the country what are the objectives and when this constitution was adopted when this constitution was adopted
195 by the constituent assembly when it was adopted ah that was by the country it came into Force by the constituent assembly on that particular day we celebrate Constitution div or Constitution Day also November 26th 1949 correct on this particular day the Constitution was adopted true so therefore the first important question
Was posed to the Supreme Court of India is the preamble part of the Constitution or not and it was in the berubari casee 1960 Supreme Court has held that Preamble is not a part of the Constitution and the second comment that it has made is Preamble is just key to
The minds of the framers of the Constitution so now UPS has framed a question exactly on this point where it has asked that which of the following parts of the Constitution is considered as a key to the minds of the Frameworks of the Constitution a preamble B fundamental rights C directive
Principles and D fundamental duties the answer is Preamble correct then then again the same question was asked later on in the year 1973 okay the most and famous case called as correct k barati case the same question was again asked to Supreme Court sir is the preamble
Part of the Constitution or not in berubari case it was already told that Preamble is not a part of the Constitution now if you want to review it you can review it then in kand bti case so the judges has stated that this so-called Preamble is part of the
Constitution so this so-call the Preamble is part of the con Constitution that means it can be amended just like you amend any other provisions of the Constitution okay so therefore now as of in 2023 therefore what was the status of this Preamble is it part of the
Constitution or not a part of the Constitution is it a part or not a part it’s a part of the Constitution now when this is for example this is the year 1971 then when I say is this Preamble part or not not a part because it was
Two years later in kand bti case that they have stated that pre is not a part with respect to this whether part or not you have to know these two important judgments okay 1960 birubari case where they stated that Preamble is not a part
And they made a comment it is key to the minds of the framers of the Constitution then came 1973 Kish manand bti case where it stated that pream is part of the Constitution okay and in this kesan bti case only is some something was brought up called as yesterday we talked about right
Correct the basic structure of the doctrine in which of the following Supreme Court cases Supreme Court has innovated this doctrine of basic structure it was innovated in kand bti case they’ll give the options like a birubari case b keshwanand bti Case C golak case D Indra sahani versus Union
Of India case so the answer is kesan and the bti case k i mean there can be a chances where they can ask you about chronology as well arrange this Landmark Supreme Court judgments in a chronology or in an order so so that you should also know the years as well it was
Berubari in 1960 and in kand B it is 1973 okay in the year plus three it was in 1976 which Constitutional Amendment came 42nd 42nd Constitutional Amendment came okay and it made many changes to the Constitution since we talked about only Preamble so we are concerned only
With the amendments to the Preamble what are those three words secular secular socialist Integrity those three are the words which have been added so the same thing now we will read in the slides you can read it the status of the Preamble as a part of the Constitution of India has
Been clarified and established through the landmark Supreme Court judgments okay in the buari case 1960 the Supreme Court initially held that the Preamble is not part of not a part of the Constitution and also it made a comment that it is just a key to open the minds of the framers of the
Constitution just know that what we have learned then however this view was overruled overruled means when you say the opposite like if you strike of that particular say and you say the new thing that is overruled by the Supreme Court in the case on the B case 19673 where it was definitely
Established that the Preamble is an integral part of the Constitution okay so this particular whether Preamble is part of the Constitution or not you should tell these two things earlier in berubari not a part but but however they made a comment that it is key to the minds of
The framers but Point number two in 1973 in kand case this particular Preamble is basically declared as an integral part of the Constitution and it can be amended like any other article of the Constitution clear which objective provides you the sense of Brotherhood fraternity correct okay so
Which objective provides you that in the public employment there should not be any discrimination which objective equ equality of opportunity okay then I can express anything my choice if I want to criticize government I will criticize if I want to appreciate the government I will appreciate which objective Liberty particularly particularly which one
Expression Liberty of thought second one is liberty of expression right that’s what we are talking about then comes the next question the question says first question we handled is is the preamble part of the Constitution or not now the second question is can the Preamble itself be amended or not can it be
Amended it can be amended part of the it’s a part of the Constitution so therefore it can be amended and how many times it was amended only one time because we have seen only once right correct so the first answer is yes the Preamble can be amended like any other article of the
Constitution because it is also an integral part of the Constitution number two how many times it was amended only once it was amended and that basically when it was amended 42nd Constitution Amendment act 1976 so these are basic facts anday okay you should just like that tell and these
Need to be on your fingertips okay then the same thing we have written here the preamble to the Indian constitution can be amended because it is a part of the Constitution this was affirmed in the landmark Judgment of the kesan and bti Case by the Supreme Court
Of India which stated that every part of the Constitution including the Preamble could be amended provided the basic structure of the Constitution is not destroyed okay I hope you have not understood this point or understood in which case the doctrine of basic structure was brought up in which Supreme Court case the
Doctrine of basic structure was innovated basic structure yes basic structure the doctor keshwanand bti Cas correct keshwanand bti case of 1973 the basic structure was introduced okay so whatever the Amendments that you are making to the Constitution it should not violate this basic structure the basic structure should not be disturbed what
Is basic structure and its analysis we will carry out in the foundation level we will do all those particular things okay so therefore what is your conclusion can the Preamble be amended yes sir yes because it is also a part of the Constitution like other Provisions
It can be amended as for the status now how many times it was amended only once in the year 1976 1976 through which amendment 42nd Constitution Amendment correct yeah the same thing that we have written here that the Preamble has been amended one once upsc generally ask you
In such a way that the Preamble like in Roman number one they’ll give something associated with Preamble number two this say that the Preamble was never amended but however it can be amended okay first point says that not a part of the Constitution okay so the first option
Says that not a part of the Constitution and the second Roman number says that never amended but it can be amended are these two statements correct or wrong wrong either one or both are wrong both are wrong because it is a part of the Constitution and it can be amended and
It was done already once the Preamble has been amended by the 42nd amendment of 1976 during the emergency period this amendment made three significant changes to Preamble so the word sovereign was expanded to include socialist and secular making India a sovereign socialist secular Democratic and Republic this is the
Status of our country post which year this is the status of our country post which year 1951 1951 which 1976 correct 42nd Amendment Act only introduced it right so that means after 1976 only this is basically the status of our country so yes and then the phrase Unity of the nation was
Also changed to Unity and as well as Integrity of the nation yes you are clear done then next question comes is the preamble the source of the power of the legislature or not that means do the Preamble gives the power to the parliament to make any law this was the question any comments
On it is it a source of power or not a source of power so that means by using the preul s can the Parliament can make a law correct so yes the Preamble is basically not a source of power or not only source of power it doesn’t even
Limit the parliament also so that means either Point number one it will not give any power to the parliament to make a law or it will not impose any restrictions on the parliament as well not to impose any law Preamble is just a summary document Preamble is just just
An executive summary of our constitution saying that what we want to achieve what this constitution want to achieve for this particular country that is what is the uh Preamble the source of power or not is the answer you can see that the preamble to the Indian constitution is not the source of
Power so these words seems very similar and easy and as of now but in example perspective if you start reading it so they will tweak the words in such a way that they’ll make us believe that that statement is true okay our Basics need to be very very clear so okay so the
Indian constitution is not the source of the power for the government instead it serves as a guiding principle which outlines the objectives values and ideals upon which are Constitution is based so all these things we are already aware of that Constitution basically provides us the objectives and values
And ideals as well ideals League Justice social equality political all those important things the Preamble sets forth the fundamental purpose and guiding principles of the Constitution such as Liberty equality and as well as fraternity yes then up till now we have answered three questions is the preamble part of the
Constitution or not number two can the Preamble be amended or not number three gives the power to the legislature or Parliament or not okay and finally the fourth question is the preamble justifiable or not what is justifiable justifiable means enforceable in a court of law for example on day one we
Talked about fundamental rights okay so that means whenever a person’s fundamental right is violated can they approach any Court they can approach Supreme Court under which article 32 High Court under 226 okay okay under article 32 they can approach Supreme Court and under article 226 they can approach high court so that
Means it is justifiable it is enforceable Whenever there is any mechanism through which if you can want if you can go to the court in enforcing it that is called as justifiable if you cannot go to the court saying that this is violated that is violated then that
Is what is not justifiable now the question is can we go with this Preamble that in Preamble they said that equality of status everybody has to be equal and liberty for example we have then but there is a huge gap between rich and as well as
Poor isn’t it now you read the polity and you thought that the Preamble says that this Gap has to be bridged okay but now you went to the can you go to the court based only on Preamble no correct So based only on Preamble you cannot go
To the set can I now can I say that it is basically correct it is non justifiable you have to use these keywords and be it in your Mains or in the prelims as well you can see these questions okay these words they will not simply say you that
The Preamble can be cannot be enforced in a court of law they will not say that they’ll say that the Preamble is non- justifiable in nature you should understand that non justifiable means not for forceable in the court of law when I say fundamental rights are they are they justifiable yes they are
Justifiable okay so you can let’s see what is the options so therefore the preamble to the Indian constitution is non justifiable which means that its Provisions are not enforceable in a court of law they are just basic objectives they best introduction to the Constitution and they lay down the
Ideals and aspirations which guide the Constitution these these are the probable questions in which they will ask you on Preamble and okay now which for which you need to be very thorough with these points B now let us see the previous year’s questions now it is high time that you
Should answer that now the questions is that what is the exact constitutional status of India on 26th January 1950 what is the exact status is it a Democratic Republic is it a sovereign Democratic Republic or is it sovereign cirular Republic Sovereign secular Democratic Republic D okay then what is your answer not last
One huh 76 post 76 that has been added so you can outrightly eliminate that huh demy is it Democratic Republic you mean to say the first one yeah or Sovereign Democratic Republic see how confusing it is okay we feel that we know the things we feel that
Which words were there which words were not there but the moment you are coming two questions B and integrity in that if you remove this socialist and secular so this particular option will come so yes that is the answer and okay but however if you say that what was the Constitutional
Status on instead of 1950 if they say 1976 D is then D is the answer you should make that distinction okay yes next the same thing that we have written here so that in the year 19 January 26 1950 India became a sovereign Democratic Republic and later on these ideals have
Been added amended through 42nd Constitution Amendment act everything the same story that we already know okay this one H the preamble to the Constitution of India is it a part of the Constitution but has no legal effect not a part of the Constitution and has no legal effect either a part of the
Constitution and has same legal effect as any other part a part of the Constitution but has no legal effect independently of other parts yes yes okay it is basically a part of the Constitution but has no legal effect okay so for sure you can say that not a
Part of the Constitution this is wrong right okay next is it basically a part of the Constitution but has no legal effect a part of the Constitution but has no legal effect independently of other parts please be very clear with the options D correct it is a part of the
Constitution but has no legal effect independently of other parts if you combine the other parts as well the other articles as well then immediately Preble will also gain the prominence even they we can State the judgments in the Preamble as well that means the Preamble per se will not have
Any legal effect when you combine it with other parts it can have the legal effect therefore Preamble is basically a part of the Constitution and the next one is it has no legal effect independently of other parts yes that’s what we have written here the correct answer is basically d the preamble to
The Constitution of India is a part of the Constitution but it has no legal effect independently of the other parts yes now this one which of the following objectives is not embodied in the Preamble to the Constitution of India so these are the questions and 2023 2022
2021 okay see that’s how they are asking the questions on Preamble which of the following following objectives is not embodied in the Preamble to the Constitution of India Liberty of thought economic liberty liberty of expression Liberty of belief econom economic Liberty correct it is the economic Liberty
Because in Preamble if you see Liberty we have only thought expression faith belief worship there is no is not mentioned in the Preamble okay so therefore here the answer is economic liberity is not embodied in the Preamble the same thing we have written the preamble to the Constitution of India
Outlines the fundamental principles and objectives which guide the nation it includes ideas of Justice Liberty equality and fraternity but however the specific mention of the term called as economic Liberty is not present in the Preamble okay just it takes you two seconds time to answer that question and okay now just
Like that now can you answer this one okay the minds of the makers of the Constitution of India is reflected in which of the following parts Preble this is how they will ask now can you tell me in which case this particular comment has been made in which case this comment has been
Made by the Supreme Court case Okay birubari case 1960 in that particular case birubari birubari case 1960 birubari is basically a place or a territory in West Bengal and okay the same thing the minds of the makers of the Constitution of India are primarily reflected in the Preamble can you answer this one
One of the implications of equality in society is basically the absence of ideology ideology privileges competition restraints restraints privileges absolutely correct that was privileges why because inequality what happens everybody is equal everybody should have equal status and equal opportunity what does it mean by equal status any section should not enjoy any
Special privileges okay that is what is the pr privileges is answer for example if the restraints means if the question is like instead of equality if they say Liberty then if they say Liberty then it is basically the restraints absence of restraints is basically the we will have the Li liberity
Okay the same thing we have written here equality in stus implies absence of the Privileges because this is the Privileges only which typically denotes the special rights advantages or immunities granted to the certain individuals or groups yes can you answer this question first one Paka yes correct
Preamble was can be amended and it has been amended only once and it was done by 42nd Amendment correct the same thing yes it can be amended and has been amended by the 42nd Amendment Act only once yes okay this is all about Preamble I hope you are very clear isn’t
It Point number one the Preamble is basically an introduction or a preface to the Constitution number two the idea of having a preamble is taken from the American Constitution number three so the content inside the Preamble is taken from the objectives resolution by passed by pundit jawaharlal nehu and passed in
The constituent assembly in 1947 okay that became a modern day Preamble okay so then the next important thing we have talked about is what is the exact text of the Preamble so we the people of India and we mentioned about characteristics five characteristics Sovereign socialist secular Democratic
And Republic and then we have four objectives Justice Liberty equality fraternity so on Justice again social economic political Liberty of thought expression belief Faith worship equality of status and opportunity and fraternity ensuring the Dignity of the individual and as well as unity and integrity of the nation and finally the last part
Talks about when the constituent assembly has adopted it so this particular on this 26th November 1949 we do hereby adapt enact and give to ourselves this constitution then once that is is done we have taken some talk about some important points like for example Point number one can the Preamble is part of
The Constitution or not it’s a part right yes it is a part and it was said by in kandh case 1973 second one is that Preamble can be amended as it can be amended and can was amended only once 42nd Amendment 1976 Point number three is the preamble source of power no the
Preamble per is not the source of power it is just the introduction and finally Point number four is it justifiable in nature no the Preamble is not justifiable in nature it cannot be enforceable in the court of law okay so therefore Preamble is a part and it is
Basically it will not have any legal effect independently with the other parts that’s it at about prle
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