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Preamble of the Constitution:


American Constitution – First to begin Preamble.
 Introduction or preface to the Constitution.
 N.A.Palkhivala – Identity Card of the
Constitution.
 Based – Objective Resolution- Nehru-
Constituent Assembly.( Dec 13-1946) –(Jan 22-
1947).
 42nd CAA – 1976 – add- Socialist, Secular and
Integrity.
Text of the Preamble:
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 OUTR CONSTITUENT ASSEMBLY this
twenty-sixth day of November, 1949, do HEREBY
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ADOPT, ENACT AND FIVE TO OURSELVES


THIS CONSTITUTION.
Ingrdients of the Preamble: 4
1. Source of authority of the Constitution- People
of India.
2. Nature of Indian State: SSSDR polity.
3. Objectives of the Constitution: JLEF
4. Date of Adoption of the Constitution – Nov
26,1949.
Key Words:
Sovereign, Socialist, Secular, Democratic,
Republic, Justice, Liberty, Equality , Fraternity.
1.Sovereign:
Neither Dependency nor a dominion (Aug
15 , 1947 to Jan 26 1950 – Dominion in the
British Commonwealth Nations) of any other
Nation- an Independent State.
No authority above it - Internal and external.
1949 – India member – commonwealth
Nations – Does not affect India’s Sovereignty
-free will.
1945 – UNO member – no limitations on
India’s Sovereignty.
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 Being Sovereign State – acquire or cede a


oart of territory - foreign state.
2.Socialist:
 add – 42nd CAA 1976
 before implicit in DPSP – now Explicit in
Preamble .
 Congress Party – Avadi Session Resolution –
Established Socialistic Pattern Of Society. –
1955 – Took Measures.( Production – Social
Ownership, Equitable Distribution of the
national Wealth).
 Western – Communistic Socialism or State
Socialism:
 Nationalisation of all means of
Production.
 Distribution and abolistion of Private
Property.
 India – Democratic Socialism.
Faith in Mixed Economy – Public and
Private Sectors co-exist side by side.
Indira Gandhi: We will nationalise the sectors
where we feel the necessity. Just Nationalisation is
not our type of Socialism.
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SC – Democratic Socialism – aims to end Poverty,


ignorance, disease and inequality of Opportunity.
Indian Socialism – Blend of Marxism and
Gandhism. (Max – Gandhian Socialism).
3. Secular:
42nd CAA 1976- add Secular.
SC-1974- Constitution Not mentioned Secular
State . Constitution Intend to make Secular state
– Art 25 to 28.
India – Positive Concept of Secularism- All
Religions in our Country Irrespective of their
strength have the Same status and support from
the state.
Attitude of the state towards Religion : 3 Type
Atheistic State – Anti – Religion ,
Condemn all Religion.
Theocratic State – Pro – Religion. –
State Religion. Ex. Pakistan, Srilanka
Secular State – Neutral in matter of
Religion . Ex. US , India.
4.Democratic:
Doctrine of Popular Sovereignty : - Possession
of Supreme Power by the People.
2 Types: Direct and Indirect Democracy.
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Direct Democracy: 4- Referendum, Initiative,


Recall, Plebicite.
1.Referendum – is a procedure whereby a
proposed legislation is referred to
electorate for settlement by their direct
votes.
- is a provision that permits the voters to
either accept or reject a policy question or a
public policy measures at a formal election.
(option give).
-can be intiatiated by the citizens.
2. Initaitive – people can propose a bill to
the legislature for enactment.
3. Recall – voters can remove
representative – fail to discharge his duties.
4. Plebicite- Obtaining the opinion of
people on any issue of public importance.
It is generally used to solve territorial
disputes. it is advisory referendum. only
initiated by the authorities.
Indirect Democracy:
Representative Democracy – 2 types:
1. Parliamentary, 2. Presidential.
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India - Representative Parliamentary Democracy-


Rule of Law , Adult Franchise, Independent
judiciary…..
Democratic- Not only Political Democracy also
give Social(L, E, F) +Economic Democracy.
SC:1997: The Constitution envisions to establish an
egalitarian social order rendering to every citizen
Social, economic and political Jusctice in a social
and economic emocracy of tha Bharat Republic.
5. Rpublic:
Democratic Polity – Monarchy and Republic.
Monarchy – Head of the State – Hereditary
Republic- Head of the State Elected Directly or
Indirectly for a fixed Period.
1. Vesting of Political Sovereignty in the People
and not in a single Individual like a King.
2. Absense of any Privileged class and hence all
public offices being opened to every citizen
without any discrimination.
6. Justice:
Justice – 3 Distinct Forms: Socio, Economic,
Political Justice.(Secured – FR, DPSP).
1. Social Justice:
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Equal treatement of all citizens without any


social Distinctions-CCRRS..
Absense of privileges to any particular section
and society..
Improvement in theconditions of Backward
classes (SC, ST, OBCs) and women.
2. Economic Justice:
Non-discrimination between people on the
basis of economic factors.
Elimination of glaring inequalities in
wealth, income and property.
Distributive Justice – SJ+EJ.
3. Political Justice:
All citizens have equal political Rights,
Equal access to all political offices
Equal voice in the govt.
The ideal of justice – SEP – taken from – Russian
Revolution (1917).
7. Liberty:
 Absense of restraints on the activities of
individuals,
 Providing opportunities for the
development of Individual Personalities.
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Preamble- Secure – Liberty of thought, expression,


belief, faith, worship -FR (Justiciable).
Liberty – does not mean ‘license’ to do what
one likes, and has to be enjoyed within the
limitations mentionedin the Constitution.
P+FR – Not absolute but qualified.
Ideals of Liberty , Equality, Fraternity – taken –
French Revolution (1789-1799).
8. Equality:
Absense of Special Privileges to any
section of the society.
Provision of adequate opportunities for all
individuals without any discrimination.
Preamble – Secure – All Citizens of India
equality of status and opportunity. – Civic,
Political, Economic.
1. Civic Equality: FR
 Art 14- Equality before law
 Art 15- Prohibition of discrimination –
RRCS , Place of birth.
 Art 16 – Equal opportunity – public
employment.
 Art 17 – Abolition of Untouchability.
 Art 18 – Abolition of Titles.
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2. Political Equality:
Art 325- No person is to be declared
ineligible for inclusion in electoral rolls on
grounds of RRCS.
Art 326 – Elections to the Lok Sabha and
State Legislative Assemblies to be on the
basis of Adult Suffrage.
3. Economic Equality: (DPSP).
Art 39- Men and Women equal right to an
adequate means of livelihood and equal
pay for equal work.
9. Fraternity:
Sense of Brotherhood.
Single Citizenship.
FD (Art 51-A) – Shall be the duty of every
citizen of India to promote harmony and
the spirit of common brotherhood amongst
all the people of India transcending
Religious, linguistic, regionalor sectional
Diversities.
Fraternity assures 2 things:
1. The diginity of the Individual
2. Unity and integrity of the Nation.
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42nd CAA 1976 – Integrity added in the


preamble.
K.M.Munshi – Diginity of the Individual :
 Not only secures Material betterment and
maintain a democratic set-up .
 also recognises – personality of Every
Individual is sacred. ( Highlight –
FR+DPSP+FD).
 FD – Protect the diginity of the women by
stating that it shall be the duty of every citizen
of India to renounce practices derogatory to the
didinity of women,
 and also makes it - the duty of every citizen of
India to uphold and protect the sovereignty ,
unity and integrity of India.
Unity and Integrity – Both Psychological and
territorial dimensions of national integration.
Art 1 – Union of states – State – no right to secede
form Indian Union –
Indestructible Union destructible States
overcome – Communalism, Regionalism, Casteism,
Linguism, Secessionism….
Significance of the Preamble:
Basic Philosophy
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Fundamental Values
Noble Vision – CA
Dreams and aspirations – Founding Fathers
Precious Part – Constitution.
Soul of the Constitution.
Jewel set, worth of Constitution.
Preamble as a PART of the Constitution:
1. Berubari Union Case – 1960 :
General Purpose
Key to the minds of the makers.
Ambiguous, More than one meaning
Objectives – Intrepretation Need.
Preamble – Not a Part of Constitution.
2. Kesavananda Bharati case (1973):
Rejected Earlier Opinion.
P- Importance – Constitution should be
read and interpreted in the light of grand
noble vision expressed in the Preamble.
Preamble – Part of Constitution.
3. LIC of India Case (1995):
Preamble – Integral Part of Constitution.
like other – Preamble – enacted by CA.
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SC – Preamble is a Part of the constitution ,


is in consonance with the opinion of the
founding fathers of the Constitution.
Two Things:
1. The Preamble is neither a source of power to
legislature nor a prohibition upon the powers of
legislature.
2. It is non-Justiciable , that is , its provisions are
not enforeceble in courts of law.
Amendability of the Preamble:
Kesvananda Bharati case1973 – Art 368 –
Preamble – can be amend or not.
Cannot amend – basic Structures – Preamble.
42nd CAA 1976 – ADD 3 – Socialist, Secular
Integrity.

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