PREAMBLE

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ü Preamble is the introduction to the Constitution.

ü This is the modified version of the ‘Objectives Resolution’ that was moved by Jawaharlal Nehru on December 13, 1946 and adopted by the Constituent Assembly on January 22, 1947.

ü Note: Please remember the dates.

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.

ü So far Preamble has been amended only once in the year 1976 through 42^nd amendment.

ü The42nd amendment added 3 new words to the Preamble.

ü SOCIALIST

ü SECULAR

ü INTEGRITY 

Note: Underlined

ü The Constitution derives authority from the people (We the people...).

ü Is preamble a part of the Constitution? (Read carefully, many times there were questions from this area).

ü 1960 – In the Berubari case the Supreme Court ruled that Preamble is not a part of Constitution.

ü 1973 – In the Kesavananda Bharati v. State of Kerala case the Supreme Court rejected the earlier opiniCOnstitution.ad carefully, many times there were questions from this area). o 18 in the year 1989 throon and held that Preamble is a part of the Constitution. The Court said that the Constitution could not be amended so as to alter the basic elements.

ü 1995 – In LIC of India v. Consumer Education and Research centre case the Supreme Court again held that the Preamble is an integral part of the Indian Constitution.

ü Note: (Please remember Preamble is non-justifiable).

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THE COMPONENTS OF THE PREAMBLE:

ü The people of India are the source of the Constitution.

ü The Preamble declares India to be of a

ü Sovereign

ü Socialist

ü Secular

ü Democratic

ü Republic

ü The preamble specifies the objectives of the Constitution.

ü Justice

ü Liberty

ü Equality

ü Fraternity

ü The date of adoption is mentioned in the Preamble is November 26, 1949.

ü Note: Not the date on which the constitution came into force.

ü The Preamble indicates the source from which the Constitution derived its authority.

ü The Preamble also states the objects which the Constitution seeks to establish and promote.

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SOVEREIGN:

ü Sovereign means independent authority of a state.

ü This is the absolute and supreme power.

ü This means that India has the power to legislate on any subject.

ü India is not subject to the control of any external authority.

ü India is neither dependency nor a dominion of any other nation but an independent state.

REPUBLIC:

ü It means the head of the state is elected.

ü What is state? ü This is explained by the Constitution under Articles 12 and 36. ü ARTICLE 12: In this Part (Part III), unless the context otherwise requires, “the State’’ includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. ü ARTICLE 36: In this Part (Part IV), unless the context otherwise requires, “the State” has the same meaning as in Part III.

ü India has an elected President at the head for a fixed term of 5 years.

ü NOTE: The President is elected indirectly through the method of proportional representation by means of a single transferable vote.  

ü Every citizen with the qualifications mentioned in the constitution is eligible to contest in the election of the President.  All offices including that of the President will be open to all citizens.  

SOCIALIST:

ü This is added through the 42^nd amendment act of 1976.

ü The word socialism means placing means of production and distribution in the hands of public control. (state).

ü Socialism also means elimination of inequalities in income and status and standard of living.

ü In India this is the Democratic Socialism.

ü Here there is an existence of both Public and Private sectors. This is called mixed economy.

ü The socialism strives to end inequality of opportunity.

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SECULAR:

ü The term secular was added through the 42^nd amendment in the year 1976.

ü This means the state has no official religion.

ü All religions in the country have the same status and support.

DEMOCRATIC:

ü (Demos = People; Kratia = Rule)

ü Democracy means rule by the people.

ü The people of the country elect their own representatives.

ü In India it is a representative democracy.

ü One man one vote is the concept in democracy.

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JUSTICE:

ü Justice is harmonizing the interests between the individuals and between the individuals and groups and the interest of the community.

ü This is not just confined to the legal justice.

ü Social justice implies that all citizens are treated equally irrespective of their status in society as a result of the accident of birth, race, caste, religion, sex, title etc.

ü Article 38 says that the state should strive to promote the welfare of the people.

ECONOMIC JUSTICE: Rich and poor are treated alike.

ü Article 39: Certain principles of policy to be followed by the state. (equal pay for equal work)

POLITICAL JUSTICE:

ü Every citizen is given equal priority in the political sphere.

ü Because of this irrespective of propriety or educational qualifications, every citizen is allowed to participate in the political system.

ü All citizens have the right to participate in the political process.

ü Articles 325 and 326 provide for the equal rights to all adults to participate in elections.

ü ARTICLE 325:  No person to be ineligible for inclusion in or to claim to be included in a special, electoral rolls on grounds of religion, race, caste or sex.

ü ARTICLE 326: Elections to the House of People (Lok Sabha) and to the legislative assemblies of states to be on the basis of adult franchise.

LIBERTY:

ü It is the Liberty of though, expression, belief, faith and worship.

ü Article 19 guarantees the freedom of speech, expression etc.

ü Articles 25 to 28 (right to religion) of the constitution the freedom of religion including the belief, faith and worship.

ü Note: All Fundamental Rights rights are granted with the reasonable restrictions.

EQUALITY:

ü All citizens are equal before the law and enjoy equal protection of the law of the land.

ü NOTE:

1.     Equality before law – borrowed from UK

2.     Equal protection of Laws – borrowed from the USA.

ü There can be no discrimination between one person and another on the grounds of religion, race, caste, sex, place of birth in matters related to access to public places and public employment.

ü All citizens enjoy equal political rights.

ü Article 14 TO 18 of the Indian Constitution talks about right to equality.  

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FRATERNITY:

ü This means promoting brotherhood among all the citizens.

ü Single citizenship is directed towards promoting the fraternity.

ü The fundamental rights that are guaranteed also promote the fraternity.

ü The Directive Principles of State Policy talks about the promotion of harmony.

ü The objective of the Dignity of the individual was to improve the quality of life for the individuals.

ü The unity and integrity of the nation is possible through the dignity of the individual.

ü ARTICLE 51 A (Fundamental Duties) makes it the duty of every citizen to uphold and protect the sovereignty, unity and integrity of India and promote harmony and brotherhood.

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