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PREAMBLE FEATURES

1. USA: First country to adopt.


2.Philosophy of the Constitution.
Introduction Lengthiest Written Constitution Originally 395 articles divided into 22 parts and 8 schedules.
3. Taken from JL Nehru’s Objective resolution, 1946
4. Socialist, secular and integrity were added by the 42nd amendment(1976).

1. “Preamble is the horoscope of our sovereign democratic republic.” KM Munshi.


2.Yardstick to measure the worth of the constitution.
3. Non enforceable independently but enforced by other provisions.
Significance Drawn from different sources
4. Indicates source of power to the constitution ie People of India.
5. Declares ideals and objectives + Helps in legal interpretation of the Constitution.
6. States peoples’ aspirations to be achieved.

1. Sovereign
2. Socialist
Rigidity keeps core values intact.
3.Secularism
Flexibility meets changing demands.
4. Democratic
Article 368 provides for two type of amendments -
5. Republic Blend of Rigidity and Flexibility
Keywords 1.by special majority
6. Justice- social, economic and political.
2.special majority+ ratification of half of the state legislatures .
7. Liberty- of thought, expression, belief, faith and worship.
However some provisions can be amended by simple majority.
8. Equality
9. Fraternity: It Covers Both Dignity of individual, National unity and integrity.

1. Berubari case, 1960: Preamble is not a part of the Constitution. Quasi federal by K C Wheare
Cases 2. Kesavananda Bharati case,1973: Preamble is a part of the Constitution. Federal System with Unitary Bias Cooperative federalism by Granville Austin
Bargaining federalism by Morris Jones .
Parliamentary Form of Government Based on cooperation and coordination between legislative and executive organs.
Proper synthesis between the British principle of Parliamentary sovereignty and the
Constitutional Supermacy
American principle of judicial supremacy.
Integrated + ndependent judiciary SC at top then HC for one or more states then below it subordinate courts.
6 FRs under part-3. Promotes the idea of political democracy.
Fundamental Rights
Act as limitation on the tyranny of the executive and arbitrary laws of legislature.

Under Part-IV
DPSPs
Promotes the ideal of social and economic democracy.
1. Added by 42nd amendment(1976).
2. Recommended by Swarn Singh Committee.
Fundamental Duties
3. 11 Fundamental duties
4. Not directly enforceable but through some acts.
Secularism means separation from state.
Objectives to ensure:
1. That one religious community does not dominate another;
A Secular State 2. That some members do not dominate other members of the same religious community;
3. That the State does not enforce any particular religion nor take away the religious freedom of individuals.

Universal Adult Franchise Adults; irrespective of their caste or education, religion, color, race, and economic conditions are free to vote.
1. To build an United and integrated Indian Nation.
Single Citizenship
2.
Independent Bodies Like ECI, CAG etc
Emergency Provisions
Through 97th constitutional Amendment Act 2011 -
1.Right to form cooperative societies a fundamental right ( article 19)
Cooperative Societies
2.Included in DPSPs ( Article 43B)
3. Added new part lX-B

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