ü Preamble is the
introduction to the Constitution.
ü This is the modified
version of the ‘Objectives Resolution’ that was moved by Jawaharlal Nehru on December 13, 1946 and adopted by the
Constituent Assembly onJanuary 22, 1947.
ü Note: Please remember
the dates.
Þ
Þ 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:
Þ JUSTICE, Social, Economic
and Political;
Þ LIBERTY of thought,
expression, belief, faith and worship;
Þ EQUALITY of status and of
opportunity; and to promote among them all;
Þ FRATERNITY assuring the dignity
of the individual and the unity and integrity of the Nation;
Þ IN OUR CONSTITUENT
ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
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ü So far Preamble has been
amended only once in the year 1976 through 42nd amendment.
ü The42nd amendment added
3 new words to the Preamble.
ü SOCIALIST
ü SECULAR
ü INTEGRITY
Þ
Note: Underlined
ü The Constitution derives
authority from the people (We the people...).
ü Is preamble a part of the
Constitution? (Read carefully, many times there were questions from this area).
ü 1960 – In the Berubari case the Supreme Court ruled
that Preamble is not a part of Constitution.
ü 1973 – In the Kesavananda Bharati v.
State of Kerala case the Supreme Court rejected the earlier opinion and held that
Preamble is a part of the Constitution. The Court said that the Constitution
could not be amended so as to alter the basic elements.
ü 1995 – In LIC of India v. Consumer
Education and Research centre case the Supreme Court again held that the
Preamble is an integral part of the Indian Constitution.
ü Note: (Please remember Preamble is
non-justifiable).
Þ
THE COMPONENTS OF THE PREAMBLE:
ü The people of India are
the source of the Constitution.
ü The Preamble declares India to be of a
ü Sovereign
ü Socialist
ü Secular
ü Democratic
ü Republic
ü The preamble specifies the objectives of the Constitution.
ü Justice
ü Liberty
ü Equality
ü Fraternity
ü The date of adoption is
mentioned in the Preamble is November 26, 1949.
ü Note: Not the date on
which the constitution came into force.
ü The Preamble indicates the source from which the
Constitution derived its authority.
ü The Preamble also states
the objects which the Constitution seeks to establish and promote.
Þ
SOVEREIGN:
ü Sovereign means
independent authority of a state.
ü This is the absolute and supreme power.
ü This means that India
has the power to legislate on any subject.
ü India is not subject to the control of any
external authority.
ü India is neither
dependency nor a dominion of any other nation but an independent state.
Þ
REPUBLIC:
ü It means the head of the
state is elected.
ü What is state?
ü This is explained by
the Constitution under Articles 12 and 36.
ü ARTICLE 12: In this Part (Part
III), unless the context otherwise requires, “the State’’ includes the
Government and Parliament of India and the Government and the Legislature of
each of the States and all local or other authorities within the territory of
India or under the control of the Government of India.
ü ARTICLE 36: In this Part (Part
IV), unless the context otherwise requires, “the State” has the same meaning
as in Part III.
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ü India has an elected
President at the head for a fixed term of 5 years.
ü NOTE: The President is elected
indirectly through the method of proportional representation by means of a
single transferable vote.
ü Every citizen with the
qualifications mentioned in the constitution is eligible to contest in the
election of the President. All offices including that of the President
will be open to all citizens.
Þ
SOCIALIST:
ü This is added through
the 42nd amendment act of 1976.
ü The word socialism means
placing means of production and distribution in the hands of public control.
(state).
ü Socialism also means
elimination of inequalities in income and status and standard of living.
ü In India this is the
Democratic Socialism.
ü Here there is an
existence of both Public and Private sectors. This is called mixed economy.
ü The socialism strives to
end inequality of opportunity.
Þ
SECULAR:
ü The term secular was
added through the 42nd amendment in the year 1976.
ü This means the state has no official religion.
ü All religions in the
country have the same status and support.
Þ
DEMOCRATIC:
ü (Demos = People; Kratia
= Rule)
ü Democracy means rule by
the people.
ü The people of the
country elect their own representatives.
ü In India it is a
representative democracy.
ü One man one vote is the
concept in democracy.
Þ
JUSTICE:
ü Justice is harmonizing
the interests between the individuals and between the individuals and groups
and the interest of the community.
ü This is not just
confined to the legal justice.
ü Social justice implies that all
citizens are treated equally irrespective of their status in society as a
result of the accident of birth, race, caste, religion, sex, title etc.
ü Article 38 says that the
state should strive to promote the welfare of the people.
Þ
ECONOMIC JUSTICE: Rich and poor are treated alike.
ü Article 39: Certain
principles of policy to be followed by the state. (equal pay for equal work)
Þ
POLITICAL JUSTICE:
ü Every citizen is given
equal priority in the political sphere.
ü Because of this
irrespective of propriety or educational qualifications, every citizen is
allowed to participate in the political system.
ü All citizens have the
right to participate in the political process.
ü Articles 325 and 326 provide for the equal
rights to all adults to participate in elections.
ü ARTICLE 325: No person to be
ineligible for inclusion in or to claim to be included in a special, electoral
rolls on grounds of religion, race, caste or sex.
ü ARTICLE 326: Elections to the House
of People (Lok Sabha) and to the legislative assemblies of states to be on the
basis of adult franchise.
Þ
LIBERTY:
ü It is the Liberty of
though, expression, belief, faith and worship.
ü Article 19 guarantees
the freedom of speech, expression etc.
ü Articles 25 to 28 (right
to religion) of the constitution the freedom of religion including the belief,
faith and worship.
ü Note: All Fundamental
Rights rights are granted with the reasonable restrictions.
Þ
EQUALITY:
ü All citizens are equal
before the law and enjoy equal protection of the law of the land.
ü NOTE:
Þ
Equality before law – borrowed from UK
Þ
Equal protection of Laws – borrowed from the USA.
ü There can be no
discrimination between one person and another on the grounds of religion, race,
caste, sex, place of birth in matters related to access to public places and
public employment.
ü All citizens enjoy equal
political rights.
ü Article 14 TO 18 of the Indian
Constitution talks about right to equality.
Þ
FRATERNITY:
ü This means promoting
brotherhood among all the citizens.
ü Single citizenship is
directed towards promoting the fraternity.
ü The fundamental rights
that are guaranteed also promote the fraternity.
ü The Directive Principles
of State Policy talks about the promotion of harmony.
ü The objective of the
Dignity of the individual was to improve the quality of life for the
individuals.
ü The unity and integrity
of the nation is possible through the dignity of the individual.
ü ARTICLE 51 A (Fundamental Duties)
makes it the duty of every citizen to uphold and protect the sovereignty, unity
and integrity of India and promote harmony and brotherhood.
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