August 17, 2013

Preamble of Indian Constitution

Based on : ‘Objective Resolution' of Nehru
Called as : Soul of the Constitution, while constitution is body.
Preamble is the foundation stone, the Constitution is the building standing on it.
Preamble is the ideal, the Constitution along with its various articles are a means to realize this ideal.
The makers of the Indian Constitution expressed basic tenets of the political system and its inspirations and ideals through the Preamble to the Constitution.

Read as
"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 ourselves this Constitution."

NOTE: The original 1950 constitution stated "SOVEREIGN DEMOCRATIC REPUBLIC" and "unity of the Nation", the words "SOCIALIST SECULAR" and "Unity and Integrity" were added via the 42nd amendment during the Emergency in 1976.
Topics To Be Read
 A committee under the chairmanship of Sardar Swarn Singh recommended that this amendment be enacted after being constituted to study the question of amending the constitution in the light of past experience. Through this amendment the words "socialist" and "secular" were added between the words "sovereign" and "democratic" and the phrase "unity of the Nation" was changed to "unity and integrity of the Nation.

Is Preamble  part of the Constitution?
Though the Preamble to the Constitution is non-justiciable, it is an integral part of the Constitution. The Supreme Court has categorically ruled in the cases of Beruberi Union (1960) and Keshvanand Bharat r (1973) cases, that the Preamble is a part of the Constitution. Also, since the Preamble can be amended in the like manner as the rest of the Constitution, it can be recognised as a part of the Constitution.

Nature of the Preamble :
The Preamble to the Indian Constitution clearly indicates three aspects of the Constitution—
1. What is the source of the Constitutional power ?
2.What is the nature of the Indian Government ?
3. What are the aims and objectives of the Constitution ?

Preamble of Indian Constitution Indian Polity notes for civil services appsc
The Preamble of the Indian Constitution declares India as Sovereign, Socialist, Secular, Democratic Republic. These ideals, on the one hand, remind us of our glorious past and represent our future aspirations and expectations on the other
Sovereign: The word ‘Sovereign’ emphasis that India is no more dependent upon any outside authority. It means that both internally and externally India is sovereign. It’s membership of the Commonwealth of Nations and that of the United Nations Organization do not restrict her sovereignty.
Socialist: The term socialist has been inserted into the preamble by the Constitution 42nd Amendment Act, 1976. Though the word “Socialism” has no definite meaning, in general, the word means some form of ownership of the means of production and distribution by the State. The degree of State control will determine whether it is democratic State or Socialistic State. India has, however, chosen its own brand of socialism which is mixed economy.
Secularism: The term Secularism means a State which has no religion of its own as recognized religion of the State. It treats all religions equally. In a Secular State, the State regulates the relationship between man man. It is not concerned with the relation of man with God.
Democratic: Indicates that the Constitution has established a form of Government which gets its authority from the will of the people. The rulers are elected by the people and are responsible to them. Justice, Liberty, Equality and Fraternity which are essential characteristics of a democracy are declared in the Preamble of the Constitution as the very objectives of the Constitution. The term Republic signifies that there shall be an elected head of the State who will be the chief executive head

Cases Related to Preamble:
Keshavananda Bharti v State of Kerala, -1973: Objectives of the Preamble are part of basic structure and hence they cannot be amended even by a constitutional amendment because it will be in violation of the basic structure.
S R Bommai and Others v Union of India, 1994: Features of secularism as envisaged in the Preamble is to mean that the state will have no religion of its own and all persons will be equally entitled to the freedom of conscience and the right freely to profess, practice and propagate the religion of their choice.

Some fill in the blanks on preamble of the Indian Constitution.
1. Preamble taken from which country’s constitution ­­­­­­­­­­­­­­­­­­­­­____________________
2. Whats date specified in the preamble telling about the date of effect ­____________________
3. On which day did the preamble came into force ­____________________
4. In which case the SC ruled that preamble is not a part of the constitution ___________________
5. In which case the SC held its earlier opnion and ruled that preamble is part of constitution ­____________________
6. Parliament can ammend the preamble or not? Which case first this arose ­____________________ what judgment did the SC ruled ­____________________
7. Till now how many times preamble was amended ­____________________
8. When was the first amendment to preamble done ­____________________
9. Name the words added by the first amendment to the preamble ­____________________
10. Today whether preamble is part of constitution or not? ­____________________
11. Cannot parliament amend the preamble the constitution? ­____________________. Whats the restriction imposed to do so if allowed ­____________________


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