Initially the Preamble was not considered a part of the Constitution and its amendment was not accepted. Our constitution has been drawn from different sources: Our constitution has borrowed many things from many constitutions.
It was called plagiarism by many. But, here we need to look into what Dr. BR Ambedkar, The chairman of the Drafting Committee of the Constitutional Assembly said in this context: "As to the accusation that the Draft Constitution has [re]produced a good part of the provisions of the Government of India Act, ,"I make no apologies. There is nothing to be ashamed of in borrowing. It involves no plagiarism.
Nobody holds any patent rights in the fundamental ideas of a Constitution The best provisions were selected from different sources and we should not be ashamed of that. Fundamental rights and duties. The Constitution of India guarantees six fundamental rights to every citizen. These are:. By 42nd Amendment of the Constitution, ten Fundamental Duties of citizens have also been added. The framers of our constitution took the idea of having such principles from the Irish Constitution.
These principles are instructions given by the Constitution to government. All the governments-Central, State and Local-are expected to frame their policies in accordance with these principles. The aim of these principles is to establish a welfare state in India. They, however, are not binding on the government-they are mere guidelines Rigidity vs.
Flexibility: Our constitution is rigid as well as flexible. Here you must note that in India and also many other countries, making Law is quite flexible and easy in comparison to amending a law. The amendment of the constitution is one of the most difficult laws making process in India. Sovereignty of the Country: The Preamble of the constitution declares that India is a sovereign state. It manages its internal and external affairs freely without any external forces. Democratic state: India is a democratic country where governing power is derived from the people by means of elected representatives of the people.
The political authority is responsible to the people. This democracy is based upon the socioeconomic justice and equality of the opportunity. Republic: India has adopted the "British" pattern of the parliamentary democracy. But there is a big difference. Presidential elections and can occupy the office, provided he fulfils the eligibility conditions as prescribed by the constitution.
Socialist State: Indian socialism is democratic socialism. The goals of the socialism are to be realized through democratic means. Please note that in the original constitution the term "Socialist" was not in the Preamble.
It was added by the 42nd amendment in Secular: India is secular country. Here No religion is a state religion. The constitution provides equality treatment of all religions by the government and equal opportunities for all religions. Again , the term "secular" was not in the Preamble. Parliamentary Form of Government: India has a parliamentary form of Government. The question is what is a government? And what it is made up of?
The parliamentary system means that the ministers get their legitimacy from a Legislature body that is the Parliament of India. Our parliament has two houses viz. Lok Sabha and Rajya Sabha. So, it's called bicameral parliament. Part V of the Constitution trifurcates the State into three equal constituents, the Executive, Legislature and Judiciary. The composition of the Legislature, the Parliament of India, is of members elected by adult suffrage in the case of the Lok Sabha, and indirectly by the State Legislatures in case of Rajya Sabha.
The Lok Sabha seats are divided into territorial constituencies and each elected member becomes the representative of all the people residing in his constituency and registered in the electoral roll of that constituency. A blend of Federal and Unitary System The constitution of India establishes the country a partly federal and partly unitary government. India is a federal system because there are separate governments in the Union and States and there is division of power.
But, there are constitutional provisions and practices which have imparted unitary features by giving more powers to the centre. Some of them are. The parliament has power to legislate on the matters included in the Union List as well as the state list. There are emergency provisions which make the system virtually a unitary system. The Change in the names and boundaries of the states can be done by the parliament of India. The Governors of the states are agents of the President.
The Planned development of the whole country is responsibility of the planning Commission. In India the Judiciary is integrated. The supreme judicial courts are not in states. The states have high courts but the verdicts of these courts are subject to appeal to the Supreme Court. Universal Adult Franchise: Indian constitution provides adult and universal franchise to all citizens.
Every citizen who is above 18 years has a Voting Right without any discrimination. Preamble of Indian Constitution Introduction Meaning of Preamble Object, purpose and scope of Preamble Preamble how far useful in interpreting the Constitution Preamble, whether a part of the Constitution Whether the Preamble can be amended Preamble, whether necessary with the Constitution Contents of the Preamble. In our constituent assembly this twenty-sixth day of November, , do hereby adopt, enact and give to ourselves this constitution.
Meaning of preamble The term 'Preamble' means the introduction to the Statute. It is the introductory part of the constitution. In re Berubari Union case9, the Supreme Court observed that the Preamble to the Constitution was "a key to open the mind of the makers and shows the general purposes for which they made the several provisions in the Constitution.
Object, Purpose and Scope of the Preamble In short, the Preamble contains a recital of certain facts relating to the Statute. The framers of the Constitution gave to the Preamble "the pride of place". The Preamble was finalised by the Constituent Assembly in the last.
The object was to see that it was in conformity with the Constitution as accepted by the Assembly. The Preamble contains a noble and grand vision kept before them by the framers of the Constitution. The spirit or the ideology behind the Constitution is sufficiently crystallized in the Preamble. It embodies the fundamentals, the great purposes, objectives and the policy underlying the provisions of the Constitution..
The Supreme Court in Kesavananda Bharati case10, observed that the objectives specified in the Preamble contained the basic structure of the Constitution, which cannot be destroyed. The Preamble contains the source from which the Constitution comes. The Preamble explains in unambiguous terms that the Constitution was enacted and given to them by the People of India through their representatives, assembled in a sovereign Constituent Assembly.
It is, therefore, the People of India, which are the source of authority under the Constitution. It also contains the enacting Clause which brings into force the Constitution. Preamble how far useful in interpreting the Constitution In Berubari Union case11, the Supreme Court held that the Preamble had never been regarded as the source of any substantive power conferred on the Government or on any of its departments.
Such powers, the Court said, were expressly granted in the body of the Constitution. The Court further explained that "what is true about the powers is equally true about the prohibitions and limitations".
It, therefore, observed that the Preamble had limited application. The Court laid down that the Preamble would not to be resorted to if the language of the enactment contained in the Constitution was clear. However, "if the terms used in any of the articles in the Constitution are ambiguous or are capable of two meanings, in interpreting them some assistance may be sought in the objectives enshrined in the Preamble.
The Court observed that the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble.
It has been said that the Preamble to the Constitution is the loadstar and guides those who find themselves in a grey area while dealing with its provisions. Preamble, whether a part of the Constitution The proceedings in the Constituent Assembly make it clear that the Preamble to our Constitution was enacted and adopted by the same procedure as the rest of the Constitution.
The Preamble was put to vote, in the Constituent Assembly, by a motion which stated that the "Preamble stands part of the Constitution" and the motion was adopted Referring to the history of the drafting and the ultimate adoption of the Preamble, the Supreme Court in Kesavananda Bharati13 case, laid down that the Preamble to the Indian Constitution was an integral part of the Constitution. Whether the Preamble can be amended In Kesavananda Bharati14 case the Apex Court held that being a part of the Constitution, the Preamble was not outside the reach of the amending power of the Parliament under Article It was in the exercise of this amending power that the Constitution 42nd Amendment Act, amended the Preamble, inserting therein, the terms 'Socialist', 'Secular' and 'integrity'.
Preamble, whether necessary with the Constitution It is not necessary that every Constitution must open with a Preamble. As for instance, the Government of India Act, , which served as the Constitution for British India prior to the enactment of the present Constitution, did not contain any Preamble.
Contents of the Preamble We, the People of India The Preamble opens with the words "We, the People of India".
These words declare in unambiguous terms that the Constitution has been adopted, enacted and given to themselves by the people of India. It is declared that ultimate sovereignty in India, resides in the people themselves and that the Constitution is founded on the authority of the people, in whom is vested the ultimate sovereignty. Nehru, speaking in the Constituent Assembly, explained the significance of these words.
He explained that the word 'People' indicated that the Constitution was not created by created by the States, nor by the people of the several States, but by the people of India in their aggregate capacity. So enacted, it would not be open to any State, or group of States either to put an end to our Constitution or to secede from the Union created by it.
The founding fathers appear to have been impressed by the opening words in the Preamble to the Constitutions of the United States and of Eire. In Kesavananda Bharati v. State of Kerala15 the Supreme Court observed: From the preamble we get that it is the people of this country who conferred this Constitution on themselves.
The statement in the preamble that the people of this country conferred the Constitution on themselves is not open to challenge before this Court. Its factual correctness cannot be gone into The facts set out in the preamble have to be accepted by this Court as correct. The Court further said that it was indisputable that the source and the binding force of "the Constitution was the sovereign will of the people of India. It explains that India is no more dependent upon any outside authority, and that both, internally and externally, India is sovereign.
It recognises no foreign power as its master. The term 'socialist' literally means a political system which advocates State's ownership of the means of production, distribution and exchange. However, it is not to be interpreted in this sense.
Shri Swarn Singh, explained that by the word 'socialism' nothing more was meant than what was explained at the Avadi Session of Congress, which in short aimed at 'a mixed economy'. Nakara v. Union of India16, the Court observed that "the basic framework of socialism is to provide a descent standard of life to the working people and especially provide security from cradle to grave.
Xavier's College v. State of Gujarat, "is neither anti-God, nor pro-God; it treats alike the devout, the agnostic and the atheist. It eliminates God from the matters of the State and ensures that no one shall be discriminated against on the ground of religion. He is free to go to God or to Heaven in his own ways. And, that worshipping God is left to be dictated by his own conscience. The concept of secularism was already implicit in the provisions contained in Articles 25 to 30 of the Constitution.
Secularism is declared to be one of the basic features of the Constitution, which is beyond the amending power of the Parliament. It means honouring all religions. The Constitution sets up in India a "Democratic Republic". The term "Democracy" is derived from Greek words 'demos' which means 'the people' and 'Kratos' which means 'authority'. It thus means government by the people. Democracy may properly be defined as that form of Government in the administration of which the mass of adult population has some direct or indirect share.
The term 'Republic' is used in distinction to 'Monarchy'. A Republic means a form of government in which the Head of the State is an elected person and not a hereditary monarch like the King or Queen in Great Britain.
The Constitution of India sets up in India a 'republican form of government', in which, the ultimate power resides in the body of the people, enfranchised by universal adult suffrage.
The President of India, who is the Executive Head of the State, is elected by the people though indirectly , who holds office for a term of five years. The Preamble secures to all the citizens of India - Justice- Social, economic, and political - Liberty- Of thought, expression, belief, faith and worship - Equality- Of status and of opportunity.
The Constitution of India profess to secure to the citizens social, economic and political justice. Social justice means the abolition of all sorts of inequities which may result from the inequalities of wealth, opportunity, status, race, religion, caste, title and the like.
The expression "economic justice" means justice from the standpoint of economic force. In short, it means equal pay for equal work, that every person. Political justice means the absence of any unreasonable or arbitrary distinction among men in political matters. The Constitution has adopted the system of universal adult suffrage, to secure political justice. The term "Liberty" is used both in negative as well as positive sense.
As a negative concept liberty means the absence of all undue or arbitrary interference with individual's action on the part of the State. In positive sense 'liberty' comprises of 'liberties' or rights which are considered essential for an individual to attain his potentialities and for the perfection of the national life.
The Constitution professes to secure the liberty of thought, expression. There is no express provision in the Constitution which reflects 'fraternity' as an object. However, there are provisions in the Constitution, such as common citizenship, the right of the citizen of India to move freely, to reside and settle in any part of the territory of India, to practise any profession or to carry on any occupation, trade or business, which generate this spirit of brotherhood.
Therefore, the Preamble assures the dignity of each and every individual. This dignity is assured by securing to. Unity 'and integrity' of the Nation sounds the concern of the Founding Fathers of the Constitution, for maintaining the independence of the country as well as to make the experiment of democracy successful.
Therefore while securing rights and freedoms for the individuals, they incorporated in the Constitution elaborate provisions conferring on the State overriding powers, so as to contain fissiparous forces from endangering the unity and integrity of the country The Preamble declares that the People of India adopted, enacted and gave to themselves the Constitution on 26th November, But, the date of commencement of the Constitution was fixed to be 26th January, Article provides that Articles 5, 6, 7, 8, 9, 60, , , , and came into force on the adoption of the Constitution on 26th November, The rest of the provisions of the Constitution came into force on 26th January, and this day is referred to as the commencement of the Constitution.
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