Assignment -0 2

INTRODUCTION TO INDIAN CONSTITUTION

Answer the following questions

Question 1 a. Discuss the preamble of constitution of India.

A preamble is an introductory statement in a document that explains the document’s
philosophy and objectives. In a constitution, it presents the intention of its framers, the
history behind its creation, and the core values and principles of the nation.
The ideals behind the Preamble to India’s Constitution were laid down by Jawaharlal
Nehru’s Objectives Resolution, adopted by the Constituent Assembly on January 22,
1947.
Although not enforceable in court, the Preamble states the objects of the Constitution,
and acts as an aid during the interpretation of Articles when language is found
ambiguous.
The Preamble of India reads:
“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 OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

The words, “We, the people of India…” indicate the ultimate sovereignty of the people
of India. Sovereignty means the independent authority of the State, not being subject
to the control of any other State or external power.
The text declares India to be a “Republic” — indicating a government by the people
and for the people.
It states “social, economic, and political justice” as an objective.
Features:
I. The Source of Authority:
Popular Sovereignty:
The Preamble categorically accepts the principle of Popular Sovereignty. It begins with
the words: ‘We the people of India’. These words testify to the fact that the people of
India are’ the ultimate source of all authority. The Government derives its power from
them.

II. Nature of State:

The Preamble describes five cardinal features of the Indian state:
(1) India is a Sovereign State:
The Preamble proclaims that India is a sovereign state. Such a proclamation denotes
the end of rule over India. It testifies to the fact that India is no longer a dependency or
colony or possession of British Crown

(2) India is a Socialist State:

In 1976, the Preamble was amended to include the word ‘Socialism’. It is now regarded
as a prime feature of the State. It reflects the fact that India is committed to secure
social, economic, and political justice for all its people. India stands for ending all forms
of exploitation as well as for securing equitable distribution of income, resources, and
wealth.

(3) India is a Secular State:

By the 42nd Amendment, the term ‘Secular’ was incorporated in the Preamble. Its
inclusion simply made the secular nature of the Indian Constitution more explicit. As a
state India gives special status to no religion

(4) India is a Democratic State:

The Preamble declares India to be a Democratic State. The Constitution of India
provides for a democratic system. The authority of the government rests upon the
sovereignty of the people. The people enjoy equal political rights. The people freely
participate in the democratic process of self-rule.

(5) India is a Republic:

The Preamble declares India to be a Republic. Negatively, this means that India is not
ruled by a monarch or a nominated head of state. Positively, it means that India has an
elected head of state who wields power for a fixed term. President of India is the
elected sovereign head of the state. He holds a tenure of 5 years. Any Indian citizen can
get elected as the President of India.

III. Four Objectives of the Indian State:

The Preamble lists four cardinal objectives which are to be “secured by the state for all
its citizens”.

These are:
(1) Justice:
India seeks to secure social, economic, and political justice for its people.
There are 3 main types of justice:
i. Social justice
ii. Economic justice
iii. Political justice
2.Liberty:
The Preamble declares liberty to be the second cardinal objective to be secured. It
includes liberty of thought, expression, belief, faith and worship. The grant of
Fundamental Rights (Part III) including the right to freedom is designed to secure this
objective.
3.Equality:
The Preamble declares Equality as the third objective of the Constitution. Equality
means two basic things:
(i) Equality of status i.e., natural equality of all persons as equal and free citizens
of India enjoying equality before law.
(ii) Equality of opportunity i.e., adequate opportunities for all to develop.

4.Fraternity:
Promotion of Fraternity among the people is the fourth objective is to promote
Fraternity among all the people. Fraternity means the inculcation of a strong feeling of
spiritual and psychological unity among the people. It is designed to secure dignity of
the individual and unity and integrity of the nation.

IV. Date of Adoption and Enactment:

In its final paragraph, the Preamble specifies the important historical fact that the
Constitution was adopted on 26 November 1949. It was on this day that the
Constitution received the signatures of the President of the Constituent Assembly and
was declared passed.

V. Self-made Constitution:
The Constitution of India is an adopted, enacted, and self-made constitution. It was
adopted and enacted by the Constituent Assembly acting as the elected representative
body of the people of India. The Preamble states the philosophical foundations of the
Constitution India and enumerates its objectives.
It constitutes a Key for the interpretation of the Constitution. It is a part of the Basic
Structure of the Constitution. Through, it’s Preamble, the Constitution commits itself to
Democracy, Republicanism, Socialism, Secularism, Liberalism and Welfare State. The
Preamble states the objectives which the Constitution is committed to secure for all the
people of India.

Question 1 b. What is right to Equality and right to freedom of Religion?

Briefly explain.

India is a multi-religious society and the survival of such as the general public has
been conceivable just it, all religions are given equivalent treatment with no support or
separation.
Religious Freedom and Right to Equality in India
One of the rights ensured by the Indian Constitution is the privilege of Freedom of
Religion. As a secular country, each national of India has the privilege to the opportunity
of religion, i.e., ideal to take after any religion. As one can discover such many religions
being practiced in India, the Constitution assurances to each national the freedom to
take their preferred religion. As per this essential right, every citizen has the chance to
practice and spread their religion peacefully. What’s more, if any occurrence of religious
narrow mindedness happens in India, it is the obligation of the Indian government to
check these frequencies and take strict activities against it. The right to freedom of
religion is all around depicted in the Articles 25, 26, 27 and 28 of Indian constitution.

The Indian Constitution guarantees certain fundamental rights which were described in
articles 12 to 35, which shape Part III of the Constitution. Among these articles, art., 25
and 26 are the two key articles ensuring religious freedom.

Articles 14, 15 and 16 of the Constitution of India deal with the right to equality. Article 17
is the unique arrangement that nullifies “untouchability” and precludes its training in any
frame. Right to equality to correspondence under the steady gaze of the law and
equivalent assurance of the law to all residents regardless of religion, race, sex, and place
of birth is one of the fundamental estimations of a secular popularity-based State. Article
14 of the Constitution gives the two parts of uniformity to all people, including outsiders
who reside inside the region of India.
Article 15 of the Constitution accommodates a specific utilization of the general standard
of balance encapsulated in Article 14. Clause (1) of article 15 coordinates the State not to
oppress any resident on the ground just of religion, race, standing sex or place of birth
or any of them. The forbiddance contained in this provision applies to the State in
managing nationals. clause (2) of the article 15 forbids the private individual and in
addition the State from causing any segregation or handicap as to the subject’s
entrance to shops, lodgings, and so forth., and all spots of open excitement and resort.
The social and religious effect of this proviso is to be found with regards to the loathsome
history of the alleged ‘untouchable individuals’ who, for quite a long time before, were
liable to social isolation and embarrassment in many parts of the nation. Likewise,
provisos (1) and (2) of article 16 typify the rule of fairness set down in article 14 with
reference to the arrangement and work under the State.

Clause (3) of article 15 gives immunity for women and youngsters, clause (4) of article 15
gives immunity for some backward classes of Indian citizens and for Scheduled Castes
and Scheduled Tribes for their progression in the field of education. Essentially, clause
(4) of article 16 gives an exemption for any backward class of citizens in appointment of
jobs under the state, on the off chance that they are not satisfactorily spoken to in such
administrations.

The religious freedom of unique individuals of India guaranteed by the Indian

constitution by clause (1) of article 25, which can be interpreted precisely the Constitution
makes it clear that the rights provided in clause (1) of article 25 are subject to “morality”,
“public order”, and health and to the other, Articles of Part III of the Constitution that lays
down the fundamental rights. Clause (2) of article 25 is a “saving clause” for the country
so that the religious rights guaranteed under clause (1) are further subject to any “existing
law” or a law which the State deems it fit to pass that:
(a) controls or lays constraint on any financial, economic, political, or other secular activity
which may be linked with religious practices, or,
(b) offers for social welfare and reform or the throwing open of Hindu religious
institutions of a public character to all Hindu sections.

Correspondingly Article 26 is the fundamental article that gives “the corporate freedom”
of religion overseeing the connection between the State and Subject to open request,
ethical quality and well-being each religious group or any area thereof should have the
privilege, (a) to set up and keep up organizations for religious and magnanimous
purposes; (b) to deal with its own particular undertakings in issues of religion; (c) to
possess and obtain portable and ardent property; and (d) to regulate such property as
per law. Proviso (b) of article 26 assurances to each religious category or any segment
thereof the privilege to deal with its own issues in issues of religion and condition (d)
gives them the privilege to oversee their property (organizations) as per laws go by the
State. It is clear from the dialect of the conditions (b) and (d) of article 26 that there is a
fundamental distinction between the privilege of a section to deal with its religious
undertakings and its entitlement to deal with its property.

Question 2 a. What is the importance of grass root democracy? Discuss

Municipal Corporation and its role.

Grassroots democracy is a tendency towards designing political processes that shifts

as much decision-making authority as practical to the organization's lowest geographic
or social level of organization. Grassroots organizations can have a variety of structures;
depending on the type of organization and what the members want. The form of
grassroots democracy and domination in India and the role of Panchayati Raj Institutions
(PRIs) in the progression of rural areas is great. India has been a welfare state ever since
after Independence and the chief objective of all governmental endeavours has been the
wellbeing of its populace. Basic principles of government are elimination of poverty,
ignorance, diseases, and inequality of opportunities and providing a better and higher
quality of life. India's democratic structure has three levels of governance which are
national, state, and local.

In simple term, Grassroot democracy is a people/community driven contribution in

elections, governance and decision making. Grassroot democracy can be seen as a
propensity towards designing political processes whereas much decision-making
authority as practical is shifted to the lowest level of organization. Therefore, a local
government is a government at the grassroots level of administration meant for meeting
peculiar grassroots needs of the people.
The grassroots level is called the Panchayati Raj System. If democracy means people's
participation in running their affairs, then it is nowhere more direct, clear, and significant
than at the local level, where the contact between the people and their representatives,
between the rulers and the ruled is more constant, vigilant, and manageable. "The best
school of democracy and the best guarantee for its success is the practice of local self -
government". Decentralization is a main mechanism through which democracy becomes
truly representative and responsive.
The 73rd amendment to the Indian Constitution (1992) clearly prescribes that the
Panchayats should be institutions of self-government through which powers are
devolved to the people as to the participation in the process of planning for economic
development and social justice, and implementation of schemes and programmes for
these purposes. To strengthen and enhance the efficiency of local governance, PRIs were
structured and designed as three tier system. The base of this pyramidal structure is the
Gram Sabha, composed of all citizens eligible to vote, and so the foundation of
grassroots democracy. Whatever the case, the grass roots level institutions are vital
instruments in the process of development to lower levels and these processes are
quicker as and when common people identify themselves as active partners. There are
so many facets to the issue of grassroots governance and development in India and it is
very important because of more than 65 percent of India's population comes from rural
areas and its fortune and future are determined by these PRIs.

Municipal Corporations are public corporations created by the legislature for

political purposes, with political powers, to be exercised for purposes related to the
public good, in the administration of civil government. Municipalities are always
instruments of government subject to the control of the legislature with respect to their
duration, powers, rights, and property. The mayor is the head of the municipal
corporation, but in most states and territories in India the role is largely ceremonial as
executive powers are vested in the Municipal Commissioner. The office of the mayor
combines a functional role of chairing the Corporation meeting as well as ceremonial
role associated with being the First Citizen of the city.

It is a basic principle of law of municipal corporations that such corporations possess

and can legally exercise only such powers that are expressly granted. Generally,
municipalities possess only such powers conferred upon them by the legislature.

A few roles/ functions of the municipal corporation are listed below:

o Urban planning including town planning.

o Regulation of land-use and construction of buildings.
o Planning for economic and social development.
o Water supply for domestic, industrial, and commercial purposes.
o Public health, sanitation conservancy and solid waste management.
o Fire services.
o Urban forestry, protection of the environment and promotion of ecological
aspects.
 o Safeguarding the interests of weaker sections of society, including the
handicapped and mentally disabled
o Slum improvement and upgradation.
o Urban poverty alleviation.
o Provision of urban amenities and facilities such as parks, gardens, playgrounds.
o Promotion of cultural, educational, and aesthetic aspects.
o Burials and burial grounds; cremations, cremation grounds and electric
crematoriums.
o Cattle pounds; prevention of cruelty to animals.
o Vital statistics including registration of births and deaths.
o Public amenities including street lighting, parking lots, bus stops and public
conveniences.
o Regulation of slaughterhouses and tanneries.

Question 2 b. How is P M appointed? Briefly explain functions and duties of

PM.
It is mentioned in the Article 75 of the Indian Constitution that there would be a Prime
Minister of the country who would be appointed by the President and chosen by the
people of India through General Elections. He is thus the people's representative.

Prime Minister is the head of the Cabinet. He along with the Council of Ministers forms
the executive power at the Centre. The President of India is just the nominal head while
the main powers are vested in the PM of India.

All other ministers are appointed by the President on the advice of the Prime Minister.

President can also appoint Prime Minister on his own discretion but only when no party
has a clear majority in the Lok Sabha.

Power and Function of Prime Minister:

Prime Minister of India serves the country by following various functions. He performs
his functions taking responsibilities as:

o The leader of Country: The Prime Minister of India is the Head of the
Government of India.
 o Portfolio allocation: The Prime Minister has the authority to assign portfolios
to the Ministers.
o Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet
and presides the meetings of the Cabinet. He can impose his decision if
there is a crucial opinion difference among the members.
o Official Representative of the country: Prime minister represents the country
for high-level international meetings
o The link between the President and the Cabinet: The Prime Minister acts as
the link between President and cabinet. He communicates all decisions of the
Cabinet to the President which is related to the administration of the affairs
of the Union and proposals for legislation.
o Head: The Prime Minister is the head of Nuclear Command Authority, NITI
Aayog, Appointments Committee of the Cabinet, Department of Atomic
Energy, Department of Space and Ministry of Personnel, Public Grievances
and Pensions.
o Chief Advisor: He acts as the chief advisor to the President
o Prime Minister is the leader of the lower house and can exercise following
powers:
o He decides the foreign policy of the country.
o He is the speaker of the Central Government.
o He is the leader of the ruling party in the Parliament.

Duties of The Prime Minister:

o To report all the works done by the Cabinet Ministers to the President of India.
o To brief the President of India about any state of Emergency or any matter of
foreign policy or urgent importance.
o To inform the functioning of the Government and Union of India to the
President.
o While drafting the constitution of India, Dr. Ambedkar enumerated the role of
the Prime Minister of India to be a functionary who can be compared to the
President of United states
o He is the chairman of NITI Aayog National Development Council, National
Integration Council, Inter-state Council, National Water Resources Council.
o He is the head of disaster management team during emergency at political
level.
o He is the political head of all the forces.
Therefore, it can be said that in India, President is the nominal head while the Prime
Minister is the executive head of the Government.

THANK YOU.
Krittika Ahirrao, A-31.