3

Preamble and Salient Features of the

Constitution
THE PREAMBLE
There is always a philosophy behind every effective constitution.
There are certain values that framers cherish, there are certain
objectives that are sought to be achieved. These are usually
enshrined in the preamble to the constitution. A preamble is a
constitution
declaration of objectives, a sort of a preface,with which aintroduction,
begins. The preamble is usually non-justiciable. It is ancourt of law if
a
not the body of the constitution. We cannot move
not achieved.
some of the objectives mentioned in the preamble are
Preamble. It
The Indian Constitution begins with a meaningful
establish in India
contains a pledge by the founding fathers to justice, liberty of
political democracy based on social and economic
opportunity, and integrity
the individual, egquality of status and ofideals, and all governments
and unity of the nation. These are noble
are expected to work keeping the values mentioned in the
stated in the
Constitution before them. The fundamental principles numerous
through the
Preamble are sought to be given legal form
Indian Constitution
provisions of the Constitution. The philosophy of by the rigidities of
bound
is not based on any dogma. It is not Preamble does not seek to
communism, fascism or capitalism. Our
endeavours to protect the
protect any particular class of people. It
interests of the nation as a whole.
constitution with three
The Preamble is normally included in a
the founding fathers and
main objectives. They are : ) ideasofofadoption of the constitution:
ideals cherished by them at the time
by the constitution; and
(i)the type of government that is created Legally speaking
(iii) source of the sovereign power in the country.
not justiciable, but it
the Preamble has only limited purpose. It is Constitution. Justice
does help in interpreting the text of the interpretation
Mahajan of the Supreme Court had once said that the
tracable in the
of Article 22(5) that he had given was easily
Preamble. The type of democratic government based on socio
economicjustice that was being envisaged by the freedom fighters
25
26 INDIAN CONSTITUTION

for long time was sought to be briefly mentioned by the founding

fathers in the Preamble to our Constitution.
Pandit Thakurdas Bhargava, a member of the Constituent
Assembly, had summed up the significance of the Preamble in
1949. He said : The Preamble is the most precious part of the
Constitution. It is the soul of the Constitution. It is a key to the
Constitution. It is a proper yardstick witn which one can measure
the worth of the Constitution...It is a superb prose, poem, nay, it
is perfection in itself.." Commenting on our Preamble an eminent
British scholar Barker said, "I am proud that they should begin
their independent life by subscribing to the principles of the
political tradition which we in the West call Western, but which is
now something more than the Western."
The Preamble has been described as a jewel' set in the
Constitution. It reads :

WE, THE PEOPLE OF INDIA, having solemnly resolved

to constitute India into a SOVEREIGN, SOCIALIST,
SECULAR AND DÉMOCRATICREPUBLIC, 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 nation;
IN OUR CONSTITUENT ASSEMBLY, this twenty
sixth day of November, 1949 do HEREBY ADOPT, ENACT
AND GIVE TO OURSELVES THIS CONSTITUTION.
The ideals outlined in the Preamble were first set out by Nehru
in the first session of Constituent Assembly in the form of the
Objectives Resolution, which was later adopted by the Assembly.
The same Resolution was incorporated in the Preamble when the
Constitution was finally signed in November 1949. However, some
additions were made in the Preamble by the forty-second
amendment enacted in 1976. The words socialist, secular, and
integrity of the nation were added in 1976.
 PREAMBLE AND SALIENT FEATURES OF THE CONSTITUTION 27

If we read the first and the last parts of the Preamble together,
we find that we, the people of India have adopted, enacted and
given to ourselves this Constitution. The Preamble insists that the
sovereignty in India vests in the people. The Constitution has its
sourcein the people. The popular sovereignty is emphasised by the
fact that "We, the people of India" have enacted the Constitution.
The people are the source of the Constitution. But the people did
not enact it directly. It has been adopted by the people "in our
Constituent Assembly". However, a question has been repeatedly
asked. What is the actual role of the people in the framing of the
Constitution ?Did the Constituent Assembly actually reflect the
Assembly
will of the people ? So much so that in the Constituent the
effect that
itself a member had tried to move resolution to the
Assembly which
draft should not be discussed by the Constituent
franchise. He wanted
was indirectly elected on the basis of limitedConstituent Assembly
that the draft should be discussed by a new
universal adult suffrage (see
to be directly elected on the basis of supported by any body,and
chapter 2). But,the resolution was not accordance with the Cabinet
the Assembly elected in 1946, in gave "to ourselves this
Mission Plan did finally adopt, enact and
Constitution".
was not possible to have a
It has been argued that even if it
elected Constituent Assembly in 1946, why was the
directly for a referendum. That
Constitution not submitted to the people adoption of the
the final say to people in the
would have given have been possible to hold referendum
Constitution. But, it would not
country like India with a majority of illiterate people. The
in a vast convinced that the Constitution that they
fathers were
founding
the full backing of the people. Dr. Ambedkar had
ad framed had Assembly that the basis of the
himself asserted in the Constituent
was in reality the people and that the ultimate
Constitution general election,according
80vereignty belonged to them. The first
the basis of adult suffrage in 1952.
held on
to the Constitution, was people that if they
Atthat time, several opposition parties told the a new
they would scrap the Constitution and call
Came t power opposition parties were badly defeated,
Constituent Assembly. The Constituent Assembly,
and most of the members of the erstwhile
election either for Lok Sabha or for State
Wno contested the there was no ground
ASSemblies, were elected by the people. Thus,
that the Constitution did not enjoy the popular support.
W Say
 28
INDIAN CONSTITUTION

ASIgnificant implication of "We, the people" is that the

Constitution is created by the entire nation, and no state or section
of the people can talk of leaving the
federation.
The Constitution has declared India to be a 'sovereign
democratic republic. India ceased to be a dominion in January
1950. India is independent both internally and externally. She is
Iree from all restrictions. Sovereignty means absolute and
unlimited power. Thus, India is free to take any decision and
formulate any policy without interference from any country. India
has a democratic government. The government is elected by
the
people, is responsible to them, and removable by them. Republic
means that the country has an elected President as head of state.
There is no monarch as head of the country. It is significant
because, under the leadership of the Congress, the country had
taken a pledge in 1930 for complete independence which inmplied no
connection with the British King. However, the Constituent
Assembly had decided toallow the country to remain a member of
the British Commonwealth. In a meeting of
Prime Ministers held in London in 1949, the Commonwealth
India as a republic may be allowed to remain inNehru proposed that
the Commonwealth.
This was opposed on the ground that all
British King as their monarch. On Nehru's members accepted the
agreed to change the name from British suggestion it was
"Commonwealth of Nations",, and to recognise the Commonwealth' to
head of the Commonwealth, and India British King as
was allowed to remain in the
Commonwealth as a republic. Our President is equal to British
monarch, in no way inferior to her. Our
Commonwealth is in no way a membership of the
and republicanism. compromise with our sovereignty
We have said above that
Preamble by the forty-second certain words were added in the
Socialist and Secular in the amendment in 1976. They are
nation in the last lines. The idealfirst part, and integrity of the
of socialism was always
the national leaders before
them. The Congress, under kept by
leadership, had first declared 'socialist pattern of Nehru's
'socialism' the basis of country's economy. The
as society', and then
themselves wanted to a 80ciety on the founding fathers
justice where distinctioncreate
between
basis of
the rich and the poor economic
minimised. The limited right to property, and would be
of state policy stating directive principles
of concentration of equitable distribution of wealth, and avoidance
wealthindicated at the socialist objectives.
 29
PREAMBLE AND SALIENT FEATURES OF THECONSTITUTION
Snbsequently, right to property was further restricted and the
word 'compensation' was replaced by 'amount' to be paid against
the property acquired by the state, The Preamble itself had the
phrase "Justice, social economic and political". Thus, the addition
of the word 'socialist' had only psychological importa
Mr. Vasant Sathe, who was a member of the Swaran Singh
Com mittee that suggested the amendment, agreed that the addition
of the word 'socialist' was not going to make any material
difference. Sardar Swaran Singh also said that the inclusion of the
word 'socialist was only to give a positive direction to the'
government in the formulation of its policy.
The inclusion of the word 'secular', like 'socialist', was also
before 1976
aimed at the creation of psychological impact. Evensecularism. The
there was ample emphasis in the Constitution on
Preamble itself had assured "Liberty of ... belief, faith and worship".
part dealing with
Besides, secularism, is clearly provided for in the opportunity to
fundamental rights. Equality before law, equal ground of religion,
the
secure a job without discrimination on of the minorities to
freedom of religion and worship, and right enough guarantees of
maintain their educational institutions are opening part of the
secularism. The inclusion of 'secular' in the
not have any state
Constitution simply emphasises that we do freedom to flourish.
equal
religion, and that all religions haveindividual. The state does not
Religion isthe private affair of every
interfere in the matters of religion.
The Janata Party Government, which deleted severalchanges
Constitution by the forty-second amendment, through
made in the decided to retain the words 'socialist'
the forty-fourth amendment, the
'secular' in the Preamble of the Constitution. Thus,
and
declares India to be a Sovereign, Socialist, Secular and
Preamble
Democratic Republic.
clearly indicated the ideals set before the
The Preamble has
Justice, Liberty, Equality, Fraternity, Dignity of
nation. They are and Integrity of the nation. The term
the Individual, and Unity
coordination between general interest and
Justice implies a
interest. The founding fathers were keen to secure to all
individual as well as political justice.
India social, economic
the citizens of if no discrimination is made by the
Social justice can be ensured Constitution has
caste or colour. The
SOciety on the basis ofuntouchability, and has made provision for
Provided for abolition of can
privileges for scheduled castes and tribes so that they
ertain
30 INDIAN CONSTITUTION

rise upto the level of rest of the community. Economic justice can
be ensured by equitable distribution of wealth, abolition of begar
and forced labour, and avoidance of concentration of property.
These guidelines have been provided in the Directive Principlesof
State Policy. The introduction of adult suffrage, abolition of
separate communal electorate, and provision for securing
government jobs without any discrimination are aimed at political
justice. Thus, the Preamble has emphasised the goal of justice in all
its dimensions, and the text of the Constitution has tried to achieve
the objectives.
Liberty is an essential requirement of democratic and free
society. Its aim is to ensure all round development of the individual
and to ensure adequate rights to the people for this purpose. The
concept of liberty has been used in our Constitution both in the
positive and negative senses. Liberty implies absence of arbitrary
restrictions on the freedom of individual, as well as creation of
conditions in which individual can freely develop his integrated
personality. The society is made of individuals. Hence, the social
progress depends on the development of the personality of individual
in a free atmosphere. The Preamble has underlined the
of liberty of thought and expression which is importance
success of political democracy in the country. Atessential
for the
the
liberty of belief, faith and worship has been secured same time
to provide
religious freedom in our secular society.
Equality is an equally important
that all men are physically, materially concept.
It does not mean
or
fact no two persons can be alike. Equality intellectually alike. In
actually implies equal
opportunities. It has two dimensions : equality of status and
equality of opportunity. The equality of status is ensured by
abolition of untouchability, and the titles. It is also
providing that there would be no discrimination on thesecured byof
religion, race, sex, colour or place of residence. The ground
opportunity is secured by the principle of rule of law,equality
and non
of
discrimination in the matters of public
in the eyes of law, and receive equal appointments. All are equal
protection of the laws.
Fraternity is another ideal
The concept of fraternity was firstmentioned in the Constitution.
Revolution. In the post-revolutionaryemphasised during the French
France Liberty, Equality and
Fraternity became the cherished
importance. The Universal Declarationprinciples of fundamental
by the United Nations in 1948) also of Human Rights (adopted
refers to these principles. It
 31
PREAMBLE ANDSALIENT FEATURES OF THECONSTITUTION
says, "All human beings are born free and equal in dignity and
rights. They are endowed with reason and conscience and shOuld
act towards one another in a spirit of brotherhood." Fraternuty
implies brotherhood. In a vast country like India where people
have different faiths, customs and traditions, and speak different
This
languages the ideal of fraternity is all the more significant. caste
country has suffered in the past as a result of communal and
brotherhood
tensions. It was essential, therefore, that the feeling of
should be developed on a priority basis.
The Preamble refers to fraternity assuring the dignity of the
These two
individual, and the unity and integrity of the nation.
individual should feel that
principles are of great importance. No None should be compelled
others.
he is in any way inferior to the must be
to live without dignity. Thus, dignity of the individual
that natural fraternity can develop. At the same time
respected so ensured. A country with
integrity of the nation must be
unity and only if there is a feeling of
numerous diversities can flourish
diversity is the beauty of Indian culture and of
oneness. Unity in preserved. Attimes we find separatist
Indian nation. This must be
are very dangerous. They
tendencies in certain quarters. Theynation must be preserved at
of the
must be curbed, and integrity
all costs. Constitution. It
of the finest parts of our
The Preamble is one endeavours to establish a society freu
ideals, and
hasset out high democratic values. It has been described as "a
of tensions based on motives and the intentions of the makers".
key to understand the Preamble expresses the political,
the
According to V.N. Shukla, which the Constitution is intended to
Imoraland religious values appreciated. It shows no
has been highly
promote. The Preamble economic ideology, although the
commitment to any political or country wished
included to show the path the
word 'socialist' was
to adopt. CONSTITUTION
FEATURES OF THE
SALIENT 26th ofJanuary,
was inaugurated on
The Constitution of Indiato remember the pledge taken by the
1950. This day was chosen
earlier (on 26th January, 1930) to attain
country twenty years enforcement of the Constitution,
With the
omplete independence.dominion, and became a republic.
The
la ceased to be a founding fathers with a view to
was framed by our bythe
Cegstitution best. Most of them were influenced
give to the countrythe
32 INDIAN CONSTITUTION

British trad1tionof parbamentary democracy. In fact, the Congress

had been demanding, for a long time, responsible government for
the country. The found1ng fathers tried to incorporate in the
Constitution the principles cherished by the leaders of freedom
movement. The Constituent Assembly tried to adopt whatever it
thought good in the Constitutions of England, America, Cana
and Ireland etc. Our Constitution is, therefore, acombination of
merits of several prominent Constitutions. At the same time the
needs and aspirations of the people of India were not ignored. They
have also been incorporated in the Constitution. We may
sum up the features of the Constitution. briefly
1.A Lengthy and Detailed Constitution. The
of India is the lengthiest and the most Constitution
detailed
world. It is divided into 22 parts, and has Constitution in the
12 schedules. The 395 articles and
Constitution the United States has only
7articles, while in Australia
of
there are 106
Constitution has gone into such minute details asarticles. No other
our Constitution
has. The Indian Constitution deals not
only
functions of Union and State governments, butwith the structure and
also with citizenship,
rights and duties of people, directive
union-state relations,commerce, services,principles of state policy,
elections, representation,
emergency provisions and forms of oath that the President,
ministers and legislators have to take.
The constitutions are usually
brief, and the
details are never included in them. Indian administrative
an exception. Since the Constitution is, however,
numerous details, there is Constitution of India has gone into
not much scope left for
grow. The result is that the need for conventions to
arises frequently. If there was a brief amending the Constitution
wide scope for conventions, the Constitution, and if there was
easily avoided. Dr. Ambedkar had, frequent amendments could be
Constitution on the ground that however, justified a detailed
for India. Hence, it was
necessary
democracy was a new experiment
to spellout the details
language. in clear
2. A Written
Constitution.
divided into two types, The constitutions are
viz. (a) written, and (b) usually
constitution always enacted, while the unwritten. written
is A
evolved. Thus, a written
constitution is
unwrittenconstitution is
definite assembly or convention at a framed and adopted by
in the form of a
document. The particular time. It is available
1s Bpecially set up to Constituent Assemblyor Convention
frame a Constitution. Thus, the Constitution
 PREAMBLE AND SALIENT FEATURES OF THE CONSTITUTION 33

fthe United States of America, which is written and enacted, was

adopted by aConstitution Convention is 1787 at Philadelphia.
Similarly the SwissConstitution was framed in 1848 (and revised
in 1874), and the present Chinese Constitution was enacted by the
NationalPeople's Congress in 1982. The unwritten constitution, on
the other hand, is a result of evolution; it is given by history; it 1s
never framed by an Assembly. It is essentially based on conventions
The
and customs that grow over the decades and even centuries.
British Constitution is the outstanding example of this type. But,
unwritten. In
no constitution is either entirely written or wholly conventions
America, with a written constitution, a number of
a secondary place. In
have also developed. But, they occupyparliamentary laws of
England, on the other hand, some otherwise
constitutional importance have becoiae written parts of an
unwritten constitution.
was enacted by our
In India, we have a written Constitution. It was
this prpose. It
Constituent Assembly specially elected for outstanding freedom
presided over by an eminent lawyer andCommittee was chaired
fighter Dr. Rajendra Prasad. The Drafting
the then Law Minister Dr. B.R. Ambedkar. The Assembly
by November, 1949. The
functioned from December 1946 to 26th
articles, and 12 schedules.
Constitution, as we have seen, has 395
have much scope for customs. But, some constitutionalI
It does not
our Constitution is enacted.
conventions havealready grown. Thus,
and essentially written.
Combination of Rigidity and Flexibility. The
3. A procedure of amendment, classified
Constitutions are, on the basis of
(b) Flexible. A constitution (like that of England
as (a) Rigid, and flexible if it can be amended as easily as an
and China) is described
made. In a flexible constitution there is no
Ordinary law is and the constitutional law.
distinction between an ordinary law
legislation. A
procedure of amendment is same as of ordinary procedure
1he hand, requires a special
constitution, on the ather
Igid
amendment. It cannot be amended by procedure of ordinary
Tor between ordinary and
lawmaking. A distinction is made and Swiss Constitution are
Onstitutional laws. The American
clearly rigid. combination of rigidity and flexibility.
In India there isa strange abolition
change of the name of a state or simple
Some the
of sections, like Parlhament by
of a Council, can be done by the
Legislative of the clauses require special majority of Parliament,
majority. Most
34 INDIAN CONSTITUTION

and in some cases approval of half of the States is also essential

The procedure of amendment is discussed in detail in another
chapter. It is clear that our Constitution is neither asrigid as that.
of the United States nor as flexible as that of England. In
federations a rigid constitution is deemed necessary so that the
autonomy of the states may not be tempered with. We in India have
adopted a quasi-federal system, in which the States are autonomous
during normal times, but during emergency India virtually becomes
a unitary state. Hence, the founding fathers thought it proper to
combine rigidity with flexibility in the procedure of amendment.
4. A Sovereign Democratic Republic. The Preamble has
declared India to be a sovereign democratic republic. We have seen
above what these words mean. India is a sovereign state because
the country is free from all external control. Sovereignty has two
aspectsinternal and external. It means that internally the
wishes of the people, as expressed through the government, are
final and cannot be questioned by any authority. The people are not
bound to obey any authority or agency in their internal
administration. Externally, the country can adopt whatever policy
it likes. No other country can dictate its policies or terms to us. We
are not obliged to obey any other country. Thus, India is sovereign
both internally and externally. India is, no doubt, a member of the
Commonwealth. But, that does not in any way compromise our
sovereignty. India is a member of the Commonwealth of its own
choice, and is free to leave that organisation whenever it desires.
India is a democracy. Our government is elected by the people,
and can be removed by them. Our democracy is based on adult
suffrage. The administration of the country is carried on, by the
representatives of the people, in accordance with the wishes of the
people. We have established not only political democracy, but even
socio-economic democracy is the objective that is to be achieved.
India is a republic. We do not have a king or queen as head of
state. England is also ademocracy, but not a republic because they
have a monarch as head of state. We, on the other hand, have an
elected President. He is head of state. Thus, India is a sovereign
democratic republic.
5. A Secular State. A secular state does not have any
'state
religion'. Such a state is not anti-religion. It is not pro-religion
either. In a secular state, religion is private affair of every
individual. The state does not interfere in religious activities of the
people. All religions enjoy equal freedom. India is a secular state.
 PREAMBLE AND SALIENTFEATURES OF THE CONSTITUTION 35

Although, the word 'secular was first used in the Preamble after
the forty-second amendment, there were already enough provisions
in the Constitution to establish that Indian state is neutral in
matters of religion. The state, in India, does not establish or
maintain any religious institution. All the citizens, irrespective of
their religious belief, are equal in theeyes of law. No discrimination
is made, on the ground of religion, in matters of government
employment. Every Indian citizen can aspire for the highest office
in the land. No religious teaching is given in the educational
institutions wholly maintained out of state funds. Even in the
institutions aided by the state no religious instruction is imparted
against the wishes of the pupils or their parents.
There is a specific right to freedom of religion granted by our
beievers or
Constitution. This includes freedom of the people to be
any faith and adopt
atheists. If a person is a believer, he may haveinterfere with public
not
any form of worship, so long as it does
The minorities have the right to
order, decency and morality.educational institutions. The doors of
establish and maintain their
for allsects of Hinduism.
Hindu religious institutions shall be open practice in any manner
Untouchability has been abolished, and its Pakistan and Iran are
Thus, while
is made a punishable offence. Jewish state, and Nepal is a
Islamic (theocratic) states, Israel is a
not committed to any particular religion.
Hindu state, India is
Socialist State. The forty-second amendment of the
6. A
passed in 1976, added the word ´socialist' in the
Constitution India, ike Cuba and China,
does not mean that
Preamble. But, it When we say that India is
a
communist) state.
1s a socialist (or that socialism (democratic socialism)
SOcialist state it only means
to be achieved. India is not committed to any
is the aim that is Fascism ete. The term socialism,
particular ideology like Marxismn,
means that state will try to establish economic
in our context, only first declared 'socialist
pattern of
Justice. The Congress Party hadits goal. T'his implies a system in
society' and then 'socialism' as without doing
which public sector economy will be encouraged, avoid
sector, and attempts will be made to
away with the private and to ensure equitable distribution of
Concentration of wealth, believes
exploitation in all forms and
India is against
Wealth. Thus,
without being attached to any particular
in economic justice,
ideology . FormofGovernment. Indian Constitution
7. Parliamentary Centre and in the States, parliamentary
ias established. both at
 INDIAN CONSTITUTION
36

form of government. During the freedom struggle We

had been
asking the British Government to introduce in India
(parliamentary) government. The parliamentary form of responsible
government
is a contribution of Britain to Political Science. Many of the Indi
leaders were deeply impressed by the freedom enjoyed by the
British people under parliamentary government. The Government
of India Acts of 1919 and 1935 tried to introduce limited
parliamentary government. Thus, our political leadership had
some experience of this type of government and they decided to
adopt it in our present Constitution.
The parliamentary form of government is based on close
relationship between the real executive and the legislature. There
is no separation of powers. The three branches of government
cooperate with each other. There is anominal executive, in whose
name the cabinet performs the administrative functions. The
Prime Minister is head of the cabinet. Ministers are members of
the Parliament. They are responsible to the lower House of the
Parliament.
In India, all executive powers are vested in the President. But
he is a nominal head. The real executive functions are
by the Council of Ministers headed by the Prime Minister.performed
The
ministers are responsible to the Lok Sabha-lower House of the
Parliament. In the States, Governor is the nominal head, and the
Chief Minister presides over the cabinet. The President of India is
bound to act on the advice of the Council of Ministers. Thus, like
Great Britain, we have parliamentary democracy both at Centre
and in the States.
8. A FederalSystem with a strong
On the basis of territorial distribution of CentralGovernment.
powers, modern states are
divided between federations (like the United States of America and
Switzerland) and the unitary states (ike England, France and Sri
Lanka). A federation is a state created by the merger of
several
erstwhile sovereign states into one. Such a new state is called a
federation. It has one central or federal government and several
state or provincial or cantonal governments. The
constitution in a
federation is written and rigid, and it divides powers btween the
centre and the states. There is always a court, independent of both
centre and states, to interpret the constitution and to settle the
disputes between centre and the states. In a unitary state, on the
other hand, there is only one government which enjoys all powers
and administere the whole
country.
 37
PREAMBLEAND SALIENT FEATURES OF THE CONSTITUTION
The Constitution of India does not use the word federation
anvwhere. India is described as a "Union of States". The term
implies sort of a federation in which states are ordinarily
autonomous, and the centre is exceptionally powerful. We have a
written and fairly rigid constitution which has divided the powers
a
between the Centre and the States into three lists. We have
Supreme Court toprotect the rightsof Centre as well
as the States.
called Unon
But, in India, the central government (which is
that India 18
Government) is so powerful that at times it appears Wheare
Prof. K.C. had
not really a federation. That is why said, "India is a
described India as a 'quasi-federal' state. He rather than a
features,
unitary state with subsidiary federal
state with subsidiary unitary features." Even Dr. Ambedkar
federal fit in the usual framework of a
had admitted that India did not
However, we have several features of a federation
federation.
with elements of a unitary state. Thus, India is a
combined systems. Sometimes, Indiais
combination of federal and unitary
federation with a very strong central government.
described as a
Citizenship. In federations normally we find double
9. Single citizen of his or her
citizenship. Thus, inAmerica every person is a
the United States. Thus, a person can get
State and also of federal government or under the
under the
employment either
State only. In Indía, we have single
government of his own irrespective ofplace of hisresidence
citizenship. Thus, every Indian
do not have separate citizenship of the
We India
is a citizen of India. equal before the law. All the citizens of
States. AllIndians are anywhere in the country. Aconstituencies person whose
employment
can secure Voter's List in any one of the
name appears in
the
election to the Lok Sabha from any
ln the country
can contest
States of the Union. Thus, single
constituency in any of the of our Constitution.
feature
citizenship is a special Constitution has provided for universal
Suffrage. The and
10. Adult India, who is 18 years of age
adult suffrage. Every
citizen of
debarred by law, is entitled to
specifically very limited number
äbove, and who is not During the British days
percent of the
vOte in the elections. Only about 14
people were given rightto vote.vote under the Act of 1935. The
V given right to basis of divide and rule'. They
Indian people were
governed onthe 'communal representation'.
British had always of
introducedthesystemrolls for different communities
had, therefore,were separate electoral
Anglo-Indians etc. The present
Thus, there Sikhs, Christiang,
like Muslim8,
 INTAN NTON
roetrictinne All
Conetittinn hae dne aaT with all ch men andn
women o 18 vea of nge nnd above. tich or edueate
each
tteduested maseed ot white are given one vote Thia
is fhe
e h of a demecratac ejectim
11 Fundamental Rights. Inclusion of fundamental nghta
has heothe exaentIal in every democratic constitution We were
dened most of the cvl and political nghts theby the Britieh. The
and again inssted during freedom
Congreas had again struggleIli
for fundamental rghte of the people There is a full part (Part
ofthe Indian oonstitutaon that has provided for several fundamental
righta Artaces 12 to 35 deal with righte of the people. The r1ghts
tnclude rght to equalty, nght to freedom, right to freedom of
religon, rnght against exploitation, etc. The fundamental nghts of
peopie are just1c1abie The courts are the protectors of the rights of
people Irn case of vaolation of any of the rights we can move the
ourts and secure our rnights. But, our fundamental rights are not
absolute or unl1mited. The Constitution itself has imposed certain
restrictaons to check abuse of the rights. Besides, the state is
allowed to impose reasonable restrictions in the interest of puble
order, deoency and morality etc. During the period of emergency
the rights can be suspended by the state.
Indian Constitution has tried to establish a welfare state. It
aims at promoting justice, liberty, equality and fraternity. Tbe
Constitution seeks to do away with exploitation in all forms and
manner. The inelusion of fundamental rights is an effbrt in this
d1rectaon An eminent jurist Mr. M.C. Chagla had once said that
the provison made inthe Constitution that rights are protected by
an independent judiiary is a matter which every civilised nation
couid be proud of
12. Fundamental Duties. While rights are
o the peopie and state is bound to protect them, guarantees ger
the duties are
otdgataotte which everycatizen has to perform. Just as state can by
cmpelied wgve rnghts to the people, the citizens can be forced
the jusciary w perform their duties. In most of the
constitutoa
toweves dutace, are not specafically mentioned. It is presumed thak
f peuple want ther nghte they will naturally perform ther duties
Thue, udutite were provided in the Constituton tall I976. lathat
year, a il uf
uf fundamental
duties Was added by the forty
amendaeat the Canetat uton
However
Bade guetCkatie, and their volaAOn the dutheshothave
is, herefore, punishabie
Ongnally the uiauwE age for vuler was 2l years
 PREAMMBLE AND SALIENT FEATUREs OFTHE CONSTITUTION 39

In fact, it is said that the duties are rather vague, and have
psychologica! impact, rather than any practical utility. It would
have been much better if more positive duties, such as payment of
taxes, were included in the Constitution.
13. Directive Principles of State Policy. One of the salient
features of Indian Constitution is inclusion of directive principles
of state policy. These are listed in Part Four of the Constitution.
Our founding fathers took the idea of having such principles from
the Irish Constitution. M.V. Pylee is of the opinion that the
fundamental rights were included to check the possibility of
dictatorship in the country. The directive principles, according to
Pylee, were included to establish economic justice and to avoid
concentration of wealth in the hands of few people. According to
G.N. Joshi, these principles offer exhaustive political, economic
and social programme for our democracy.
The directive principles are instructions given by the
Constitution to all the governments in the country. The Central,
State and Local Governments are expected to frame their policies
the directive
in accordance with the directive principles. The aim of
are not
principles is to establish a welfare state in India. They
guidelines. All future
binding on the government. They are mere framing
governments are expected to keep them in mind while
justiciable. Thus, if
their policies. The directive principles are not no action can be
principles,
a government does not care for these Fundamental rights, on the
taken by the court of law against it.
courts for restoration
other hand, are justiciable. We can move the
directive principles
of our rights if they areviolated. Although, thealways compel the
are non-justiciable, yet public opinion can
government to implement them.
wants to establish a
14. A Welfare State. The Constitution
of the police state.
welfare state in India. A welfare state is opposite
individualism was generally
In the nineteenth century the theory of
liberty for the individual, and
accepted. It was aimedat maximum the state. The state
performance of minimum possible functions by
peace and administration
that used to look after defence, internal
A welfare state, on the other
of justice was called a police state. police functions,
to
hands, is the state that performs in addition people. Such a state
Several other functions aimed at welfare of the
health, agriculture,
looks after subjects such as education, public functions.
ndustry, trade, etc.. in addition to normal police
40 INDIAN CONSTITUTION

The Preamble to Indian Constitution spells out high ideal

including socio-economic justice, liberty, fraternity , dignity of tho
individual, etc. Part III of the Constitution, as we have seen
provides for a number of fundamental rightswhich ensure welfane
of the people and dignity of the individual. Directive Principles of
State Policy go a step further, and call upon the state to formulate
their policies for awelfare state. To ensure right to education and
right to work, to promote cottage industry and village panchayats
and to bring about equitable distribution of wealth are some such
directive principles that will help in the establishment of welfare
state. The first President, Dr. Rajendra Prasad had clearly stated
that the directive principles are guidelines for a welfare state.
Thus, the Constitution certainly aims at the establishment of
welfare state in India.
15. Parliamentary Sovereignty and Supremacy of the
Judiciary. Parliamentary sovereignty is the basis of British
political system. In the United States of America judicial supremacy
is the recognised principle of constitutional
government. Thus, in
England no court can question the decisions of the Parliament,
while in the United States the judiciary can set
aside any
legislative decision that is found to be against the Constitution. In
India, we have a strange combination of both these principles. Our
Parliament has almost unlimited powers. It can not only enact
legislation on the subjects included in the Union and Concurrent
Lists, but can even legislate on State List in several
The Parliament can by a special majority amend thecircumstances.
and thus curtail the powers of the judiciary itself. ThatConstitution,
been done several times. At the same time, the Supremehas, in fact,
the High courts exercise the power of judicial Court and
review.
expected to protect and interpret the Constitution. The They are
Court can set aside any law enacted by the Parliament, andSupreme
it void (ultra vires) on the ground that it declare
violates one or more
provisions of the Constitution. Thiscombination of parliamentary
sovereignty and judicial supremacy has led to several
conflict between the Parliament and the Judiciary. This cases of
unfortunate. It is essential that, for proper functioningconflict is
of our
parliamentary government, frequent attacks by our politicians on
judiciary should be stopped. It is also essential that the judiciary
should realise that our system is different from that of
and the representatives of people in the America,
allowed enough freedom in legislation. Parliament should be
 PREAMBLEAND SALIENT FEATURES OF THE CONSTITUTION 41

EXERCISES
1. Discuss briefly the Preamble of the Constitution of India.
constitution is contained in its
2. Why do we say that philosophy of the
Preamble ?
3. Explain the following terms used in the Preamble
Republic.
(a) Sovereign, Socialist, Secular. Democratic
(b) JusticeSocial and Economic. worship.
belief, faith and
(c) Liberty of thought, expression,
(d) Fraternity.
(e) Political justice.
salient features of the Constitution of India.
4. Explain briefly the India a secular state?
of Secular State'. Is
5. Explain the meaning government in India.
nature of parliamentary
6. Explain the
of Judiciary'.
7. Write a note on Independence
Explain.
8. Is Indiaa Welfare State? in India?
What is meant by single citizenship
9. suffrage in India?
nature of adult
10. What is the judiciary in the Indian context.
supremacy of the
I1. Explain