Polity 4 - Preamble to the Constitution

Question 0

Source of the preamble?

Answer 0

The objectives resolution that was drafted by JL Nehru on 13 December 1946 which was unanimously approved on 22 January 1947

Question 1

Basically what is the preamble?

Answer 1

It is the preface or introduction to the constitution. It contains the essence or summary of the constitution.

Question 2

Text of the Preamble

Answer 2

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 opportunity ;and to promote among them all

FRATERNITY: assuring the dignity of the individual , ensuring the unity and integrity of the nation

IN OUR CONSTITUENT ASSEMBLY THIS 26th OF NOVEMBER 1949 , DO HEREBY ADOPT , ENACT AND FOVE TO OURSELVES THIS CONSTITUTION.

Question 3

What are the 4 components of the preamble

Answer 3

1. It derives its power from the people
2. It says that India is a sovereign socialist secular democratic republic
3. It specifies that Justice Liberty Equality and Fraternity are its objectives
4. It says that the constitution was adopted on 26th November 1949

Question 4

What does SOVEREIGN mean?

Answer 4

It means that India is neither a dependent state nor a dominion of any other country , India is an independent country that can manage its own affairs. India can also acquire a foreign territory or cede its own territory in favour of a foreign state.

Question 5

What does SOCIALIST mean

Answer 5

It means that India practices a system of democratic socialism which holds faith in “mixed economy” where both the public and private sectors exist side by side. Indian socialism is a blend of both Marxism and Gandhism leaning heavily towards the Gandhism.
The new economic policy of 1991 LPG has however gradually brought down the socialist credentials of Indian state.

Question 6

What does SECULAR mean?

Answer 6

The state and the religious institutions and dignitaries shall remain separate. All religions in the country have the same support from the state.

Question 7

What does DEMOCRATIC mean?

Answer 7

India is a indirect democracy where the elected representatives run the state.
Ours is a parliamentary representative democracy where the executive is responsible to the legislature for their actions.

Question 8

Name a country which is a direct democracy where the people exercise their powers directly

Answer 8

Switzerland

Question 9

What does REPUBLIC mean

Answer 9

It means

1. India has an elected head called as the President who is indirectly elected for a period of 5 years.
2. People are the supreme authority and power is not vested in the hands of any single authority
3. All public offices are open to any citizen without discrimination

Question 10

Meaning of JUSTICE

Answer 10

Social justice - equal treatment of all citizens and no discrimination on the basis of race, religion , caste , sex or place of birth.

Economic justice - no discrimination among the citizens because of financial reasons.

Political justice - refers to equal political rights , equal access to all political offices and equal voice in the government

Question 11

From where have the ideals of JUSTICE been taken

Answer 11

Russia

Question 12

LIBERTY means

Answer 12

It means he absence of restraints on the activities of the individuals and at the same time providing opportunities for personal development.
The liberties of thought, expression , faith and worship are enforceable in a court of law.
The Liberty conceived by our parliament is not absolute but qualified.

Question 13

EQUALITY?

Answer 13

Civic equality- basically articles 14-18

Political equality-

1. Article 325 - no person can be declared ineligible in electoral rolls on the basis of race , religion , caste or sex.
2. Article 325 - elections to the LS and SL to be conducted on the basis of Universal adult franchise.

Economic equality- DPSP

Question 14

FRATERNITY?

Answer 14

Sense of brotherhood . According to the preamble fraternity has to ensure

1. Dignity of the individual
2. Unity and integrity of the nation

Question 15

Is the preamble a part of the constitution?

1. In which case did the SC rule that preamble is not a part of the constitution?

Answer 15

In the BERUBARI UNION CASE 1960 , the SC held that preamble is not a part of the constitution

Question 16

In which case did the SC reverse its decision wrt to the preamble being a part of the constitution?

Answer 16

In the Kesavananda Bharti case of 1973 the SC said that the Preamble is an integral part of the constitution.

Question 17

What was reiterated by the SC in the LIC case of 1995?

Answer 17

The Supreme Court reiterated that the preamble is an integral part of the constitution.

Question 18

Can the preamble be amended?

Answer 18

The SC held that the preamble can be amended subject to the condition that no amendment is done to the basic features. In other words the court held that the basic elements or the fundamental features of the constitution as contained in the preamble cannot be altered under any amendment under article 368.

Question 19

How many times has the preamble been amended so far?

Answer 19

The preamble has been amended only once so far.

In 1976 by the 42nd constitutional amendment which added 3 new words Socialist , secular and Integrity to the preamble.