Good evening students I am Satan you are welcome to SNS Academy today I going to discuss uh Indian poity am lant chapter five Preamble of the Constitution before we have discussed fourth chapter historical background of the Constitution making of the Constitution concept of the Constitution sent feature of the
Constitution after that Preamble of the Constitution if you did not uh see the past videos you have to see the past videos because chapters are interrelated share the link if you join more then motivation will come and I put my best effort in teaching so today we discuss about
Uh fifth chapter of Indian poity 7th edition by m laxmikant pream of the Constitution pre introductory part the American Constitution was the first to begin with a Preble many countries including India followed this practice the American Constitution many countries just India followed this practice or India is the term Preamble refers to the
Introduction or preface to the Constitution Preble introduction it contains the summary or Essence of the Constitution na pivala pivala an eminent jurist and constitutional expert called The Preamble as the identity card of the Constitution na palala Preble idty card the preamble to the Indian constitution is based on objective resolution drafted
And moved by Pandit neeru and adopted by the Constitution constituent assembly Preble Indian constitution best best objective resolution or drafted and moved by Pandit Neu object resolution con introduce pit introduce and adopted by the con constituent assembly it has been amended by the 42nd Constitutional Amendment act 42nd Constitutional Amendment act
1976 which which added three new words socialist secular and integrity in 42nd Amendment 1976 socialist secular or integrity the Preamble in its present form reads Preble we the people of India H with the people of India having Solan resoled 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 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 Ann and give to ourselves this constitution so in this constitution we have to see nature of the state First Source of Authority source of authority India with the people of India having Salan constitute uh having Sol resoled to constitute India into a
Sovereign socialist secular Democratic Republic and to secure to all its citizens yeah nature of Indian State Indian State Sovereign socialist secular democratic Republic secular socialist 42nd Amendment include Sovereign Democratic Republic after that objective of the Constitution objective Justice Liberty equality fraternity objective Justice social economic and political justice social economic
Political liberty liberty of thought expression belief faith and worship equality equality of status and opportunity and to promote among them all fraternity assuring the Dignity of the individual and the UN and integrity of the nation these are objectives after that when it adopt adopt is uh 26th day of November
1949 these are the things in the Preamble after that ingredients of the Preamble Preble ingredient the Preamble reveals four ingredient of components source of authority of the Constitution the Preamble states that the constitution derives its Authority from the people of India Indians nature of the Indian States it declares indan India to be
Sovereign socialist secular Democratic and Republic Republican po objectives of the Constitution it specify Justice Liberty equality and fraternity as the objectives or date of adoption date of adoption 26th November 1949 these are the four ingredients of the Preamble source nature objective and dat of adoption then next we have to discuss about the
Keywords Sovereign Sovereign Supremacy supreme power the word sovereign implies that India is neither a dependency nor a Dominion of any other Nation but an independent state what Supreme Supremacy there is no Authority above it and it is free to conduct its own Affairs both internal and external though in
1949 India declared the con continuation of her full membership of the Commonwealth of Nations and accepted the British crown as the head of the Common Wealth this extra constitutional declaration does not affect IND Indian sovereignty in any manner 1949 May India declared was the continuation of our 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 effect India sovereignty in any manner further India’s membership of the United Nations organization also in no way constitutes a limitation on our sovereignty India fully independent he being a
Sovereign state India can either acquire a foreign territory or city a part of its territory in favor of foreign States after that soci socialist socialist means we have to minimize the gap of rich and poor even before the term socialist was added by the 42nd amendment in 1976 the Constitution had socialist
Content in the form of certain directive principle of State policy in other words what what was hither to implicit in the Constitution has now been made explict moreover the congress party itself adopted a resolution to establish a socialistic pattern of society Congress socialist pattern of Society
Adopt in its a as early as in 1955 and took measures accordingly notably the Indian brand of socialism is a democratic socialism Democratic socialism and not a communistic socialism Democratic socialism communistic socialism also known as state soci socialism which involves the nationalization of all means of production and distribution and the
Abolition of private property Democratic socialism on the other hand holds faith in a mixed economy where both public and private sector coexist side by side public or private sector side by side as the Supreme Court says Democratic socialism aims to end poverty ignorance disease and inequality of opportunity supreme court judgment Democratic
Socialism poverty G ignorance AATA disease and inequality of opportunity Indian socialism is a bland of Marxism and gandhism leaning heavily towards the gandhian socialism the New Economic Policy of liberalization privatization and globalization has however diluted the Socialist credential of the Indian State the New Economic Policy 1991 liberal or privati Global promote through
Development after that secular secular means there is no official religion official religion in India different religious peoples are living respect secularism the term secular to was added by the second 42nd Constitutional Amendment Act of 1976 however as the Supreme Court said in 1974 although the word secular state
Were not expressly mentioned in the Constitution there can be no doubt that uh con stitutional Constitution makers wanted to establish such a state and accordingly constitu 25 and to 28 guanting the fundamental right to freedom of religion freedom of religion having included in the Constitution religion the Indian constitution
Embodies the positive concept of secularism all religions in our country irrespective of their strength have the same status and support from the state country religion official religion after that Democratic Democratic a democratic poity as stipulated in the Preamble is based on the doctrine of popular sovereignty that is possession of
Supreme power by the people democratic Sovereign or Poss of supreme power democracy is two types indect direct democracy the people exercise their supreme power directly uh people supreme power direct use directly as the case in Switzerland Switzerland there are four devices of direct democracy just referendum initiative recall and pite pite
Devices in indirect democracy on the other hand the representatives elected representatives 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 representative democracy is of two kinds Jon parliamentary or presidential the Indian constitution provides for representative parliamentary
Democracy parliamentary democracy provide under which the executive is responsible to the legislature for all its policies and actions Universal adult franchise periodic elections rule of law independence of Judiciary and absence of discrimination on certain grounds are the manifestation of a democratic character of the Indian Indian rule of and absence of discrimination
Discrimination the term Democratic is used in the Preamble in the Border sense embarassing not only political democracy a political democracy only but also social and economic Dem opportunity the dimension was stressed by Dr ambedkar in his concluding speech in the Constitution constituent assembly on November 25th 1949 in the following
Way political democracy cannot last unless their lies at the base of its social democracy what does social democracy mean it means a way of life way of life liberty equality fraternity inter related Integrity uh Liberty equality fraternity the principle of Liberty equality and fraternity are not to be treated as
Uh separate items in a trinity they form a union Union Liberty equality or fraternity they form a union or Trinity in the sense that to divorce one from the other is to the very purpose of [Applause] democracy Liberty cannot be divorced from equality equality cannot be divorced from
Liberty nor can Liberty and equality be diverse from fraternity without equality Liberty would produce the suemy of few other the many to Supremacy few other many equality without Liberty would kill individual initiative in the same context the Supreme Court observed in 1997 May Constitution andv Visions to establish an egalitarian social order
Rendering to every citizen social economic and political Justice in a social and economic democracy of the bhat Republic or Republic Republic highest or first number one citizen president or president is elected not heriditary a democratic polit uh politic can be classified into two categories monarchy and
Republic in a monarchy The Head of the State usually king or queening queen enjoys a heriditary position that is he she comes to office through succession uh Brit WR 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 uh Preble indicates that Republic indicate that India has an elected head president he see is elected indirectly for a fixed period of 5 years a republic also means two more things one vesting of political sovereignty in the people and not a single individual
Like a king second the absence of any privileged class and hence all public offices being opened to every citizen without any discrimination Republic also mean two more things oneing of political sovereignty of in the people and not in a single individual like the king equal rights and hence all public offices being open
Intention without any discrimination after the Justice the term Justice in the Preamble ures three distinct forms social e economic or political angle Justice secured through various provisions of fundamental rights and directive principles social justice denotes the equal treatment of all citizens without any social distinction based on cust
Color Race religion sex and so on social justice or John religion it means absence of privilege being extended to any particular section of the society absence of privilege being extended privilege and Improvement in the condition of backward classes improvent backward classes and Omen economic Justice denotes the nondiscrimination between people on the
Basis of economic factors it involves the elimination of glaring inequalities of in wealth income and property a combination of social justice and economic Justice Jo social justice or economic Justice denotes what is known as distributive justice political Justice implies that all citizens should have equal political rights equal political
Rights equal access to all political offices and equal voice in the government the ideal of justice social economic and political has been taken from the Russian Revolution Russian Revolution 197 IDE of Justice Russian Revolution Russian Revolution impact after that Liberty Liberty means what Liberty means absence of restraints on the activities of individual
Freedom and at the same time providing opportunities for the development of individual personalities opportunity individual personality develop the preamble seers to all citizens of India Liberty of thought expression belief faith and worship through their fundamental rights enforceable in court of law in case of violation Liberty is elaborated Liberty
Elaborate in the Preamble is very essential for the successful functioning of the Indian democratic system Indian democratic system however Liberty doesn’t mean license to do what one likes and has to be enjoyed within the limitation limitation mentioned in the Constitution itself in brief the Liberty conceived by the Preamble or fundamental rights is
Not absolute but qualified just emergency fundamental rights the ideals of Liberty equality and Fraternity in our Preamble have been taken from French Revolution 1789 1789 1799 after that equality equality the term equality means the absence of special privilege to any section of the society K special provisions and the provision of educate
Opportunities for all individuals without any discrimination the Preble seers to all citizens of India equality of status and opportunity this provision erses three dimensions of equality Jo Civic political or economic or equality say equality before the law article 14 Article 15 prohibition of discrimination on grounds of religion
Race C sex or place of birth or article 16 Jo equality of opportunity in matters of public employment article 17 abolition of untouchability article 18 abolition of titles so 14 to 18 these are right to equality there are two Provisions in the Constitution that seek to achieve
Political equality one no person is to be declared deare is to be declared ineligible for inclusion in electoral roles on grounds of religion race cast or sex two elections to the Loa and the state assemblies to be on the basis of adult suffering article 326 the directive principles of State
Policy article 39 seers to men and woman equal after that fraternity fraternity means fraternity means a sense of Brotherhood coopertive encouragement the Constitution promotes the feeling of fraternity by the system of single citizenship also the fundamental duties article 51 a says that it shall be the duty of every citizen of India to
Promote Harmony and the spirit of common Brotherhood amongst all people of India transcending religious linguistic Regional or sectional the Preble declares that fraternity has to assure two things Jo Dignity of the individual or unity and integrity of the nation the word integrity has been added yeah member of the drafting Committee of
The constituent assembly the phrase Dignity of the individual signifies that the constitution not only ures material betterment and maintain a democracy Democratic setup but that it also recognize that the personality of every individual is SEC personality important this is highlighted through some of the provisions of the fundamental rights and
Directive principle of State policy which ensure the Dignity of individuality digity further the fundamental duties also protect the Dignity of woman by stating that it shall be the duty of every citizen of India to renounce practices derogatory to the Dignity of woman and also makes it the duty of
Every citizen of India to uphold and protect Sava uh sovereignty unity and integrity yes of protect the pr unity and integrity of the nation embes both the psychological and territorial Dimension psychological or territorial Dimension unity and integrity article one of the Constitution describes India as Union of
States to make it clear that the states have no right to seced from the Union implying the indexable nature of the Indian Union it ends at overcoming hindrances to National integration like communalism regionalism castism linguis seism and so on yes or significance of the Preble Preble significance importance the Preble
Embodies the basic philosophy and fundamental values istic moral and religious on which the Constitution is bested it contains the Grand and Noble vision of the constituent assembly constituent assembly C vanta that one reflects in this Preamble and reflects the dream and aspirations of the founding fathers of
The Constitution in words of Sir aladi Krishna Swami a 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 Jo Indian Vis reflection according to K M a member of the drafting Committee of the
Constituent assembly the Preamble is the horoscope of our Sovereign Democratic Republic Pandit takur Das bav another member of the constituent assembly Summer of the importance of the Preamble in the following words the Preble is the most precious part part it is the Sol of the Constitution or article 32 made Dr BR
Constitution it is the key to the Constitution it is the jewel set in the Constitution it is a proper y stick with which one can measure the worth of the Constitution consti of the sir Ernest Barker a distinguished English political scientist paid a glowing tribute to the political wisdom
Of the authors of the Preamble he described the Preamble as the keynote to the Constitution he was so moved by the text of the preamble that he CED it at the opening of his popular book principles of social and political Theory m hiah a former Chief Justice of India observed Preamble assembles the
Declaration of independence of the United States of America but is more than a declaration it is the soul of our constitution which lays down the pattern of our political Society political Society pattern describe it contains a Solon resolve which nothing but a revolution can alter Preamble as part of the
Constitution as part of the Constitution Preamble a constitution sometimes about the Constitution judgment Supreme Court Supreme Court is the guardian of the constitution Supreme Court uh decision final is bench judges judgment one of the controversies about the Preamble is to whether is part of the Constitution or not controversial
Issue in the berubari union case 1960 the Supreme Court said that the Preamble shows 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 ambiguous or capable of more than one
Meaning some assistance at interpretation may be taken from the objectives and shrined in the Preamble despite this recognition of the significance of the Preamble the Supreme Court spe specifically opined that Preamble is not part of the constitution Supreme Court Preble after that the of NTI 1973 the Supreme Court rejected
Supreme Court reject earli opinion and held that Preamble is a part of the Constitution it observed that the Preble observe PR part of the Constitution of extreme importance and Constitution should be read and inre in the light of the Grand and Noble Vision expressed in the Preamble in the LC of
India case that the Preamble is an integral part of the Constitution like any other part of the Constitution the Preamble was also anned by the constituent as assembly but after the rest of the Constitution was already anned Amendment reason for inserting the Preamble at the end was to ensure that
It was in confirmity with the Constitution as adopted by the constituent assembly while forwarding the preamble for votes the president of the constituent assembly said the question is that Preamble stands part of the Constitution the motion was then adopted hence the current opinion held by the Supreme Court that the
Preble is a part of the Constitution current supreme court judgment Preble part of the Constitution here is in consense with with the opinion of the founding fathers of the Constitution however two things should be noted the Preamble is neither source of power to legislature nor a Prohibition upon the
Power of legislature it is non-justiciable that is Provisions are not enforceable in courts of law is non uh justiciable amenability of the Preble PR Amendment the question as to whether the Preamble can be amended under article 368 of the Constitution arose for the first time in the historic
1973 it was urged that the Preble cannot be amended is not a part of the Constitution the petitioner content that the amending power in article 368 cannot be used to destroy or damage the basic elements of or the fundamental features of the Constitution which are enshrined in the Preamble Supreme Court however
Held that the Preamble is a part of the Constitution of oray Preble part of the Constitution the Court stated that the opinion tended by it the berubari Union in this regard was wrong and held that the Preamble can be amended subject to condition but no amendment is done on the basic
Features in other words the Court held that the basic elements of the fundamental features of the Constitution as content in the Preamble cannot be altered by an amendment under article 3 68 the court observe Court observe the edifice edifice of our constitution is based upon the basic elements mentioned
In the Preamble if any of these elements are removed element remove the structure will will not survive and it will not be the same Constitution or it cannot maintain its identity an amending power cannot be interrupt so as to confer power on the parliament to take away any of these fundamental and basic
Characteristics of the PO the Preamble has been amended only once so far in 1976 by the 42nd Constitutional Amendment act which has added three new words new words socialist secular and integrity to the Preamble this amendment was held be bed so today this much thank you you share like comment this video
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