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Polity > Preamble > Flashcards

Preamble Flashcards

1
Q

Mnemonics of preamble

A

SSSDR
JSEP
LTEBFW
ESO
F DigIn UnInNa

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2
Q

What is preamble?

Based on and inspired from?

A

Preamble refers to the introduction or preface to the constitution and contains the summary or essense of the constitution. It embodies the basic philosophy and fundamental value - political,moral on which the constitution is based. It reflects the ideals and aspirations of the citizens as well as the founding fathers

Based on - objective resolution tabled by pandit Jawaharlal Nehru on 22jan 1947
Inspired by - American constitution

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3
Q

Nature of the preamble?

A
  1. Cannot override the specific provision of the constitution
  2. No justiciable like DPSP
  3. Has limited role to play
  4. Neither provides substantive power to organs of the state nor limits their power
  5. Aids in legal interpretation where language is found to be too ambiguous
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4
Q

Preamble tells us about?

A
  1. Source of the authority of the constitution i.e the people of India
  2. Nature if Indian state - SSSDR
  3. Objectives of the constitution - JUSTICE, LIBERTY, EQUALITY AND FRATERNITY
  4. Date of adoption of the constitution - 26 November 1949
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5
Q

Amendments to the preamble?

A

42nd CAA,1976 ➡️ Added socialist, secular and integrity to the preamble

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6
Q

Definition of the keywords mentioned in the constitution - WE THE PEOPLE

A

•first and foremost value of the constitution
•it recognises and respect India’s political sovereign- the people and reaffirms that they are the source of all constitutional authority and the test of governance is measured by people’s well being

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7
Q

Define SOVEREIGN

A

the word SOVEREIGN implies that India is neither a dependency nor a dominion of any other nation but is an independent state and there is no authority above it and it is free to conduct its own affairs (internal and external) and has the power to legislate on any subject in conformity to the the constitution

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8
Q

What India,as a sovereign, can do?

A

India as sovereign can either acquire a foreign territory or cede a part of its territory to foreign state.
Eg- 100th CAA

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9
Q

Define SOCIALIST

A

Added by 42nd CAA (However even before the amendment, the constitution had socialist content in DPSP)

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10
Q

Types of socialism and India follows which one?

A

Democratic socialism Vs Communistic socialism

India follows democratic socialism

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11
Q

What is democratic socialism?

A

Democratic socialism hold faith in mixed economy where public and private sector can coexist side by side.
It also means the achievement of socialist goals through democratic, evolutionary and non violent means
Democratic socialism believes that wealth should be shared equally by the society through distributive justice and government should regulate the ownership of land and industry to reduce socio economic inequality and concentration of wealth

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12
Q

What is Communistic socialism?

A

It involves the nationalization of all means of production and distribution as well as abolition of private property

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13
Q

Define the term “Secular”

A

Added by 42nd CAA,1976( Even before this the secularism was an integral part of the constitution as Art 25-28 guarantee freedom of religion)

Constitution of india does not uphold any particular religion as the official religion of Indian state.
India is neither religious nor irreligious, nor anti religious but non religious in character and Religion has been left to be private matter of the individual

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14
Q

What type of secularism India follows?

A

India follows positive secularism as opposed to the western concept of secularism
In western secularism there is a complete seperation between the religion and the state but India secularism gives equal respect to all religions and protect all religions equally
Indian secularism ➡️ aimed at supporting the plurality of our society and cohesion among different communities

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15
Q

DEMOCRATIC

A

A democratic polity is based on the doctrine of popular sovereignty ie possession of Supreme power by the people and where all eligible citizens have right to participate in the decision making either directly or indirectly

Democratic character of Indian polity is illustrated by the provision such as right to vote, elected representatives and responsibility of executive to legislature

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16
Q

Type of democracies

A

Direct and indirect
Direct ➡️ people exercise power directly. Eg - referendum, plebiscite, initiative and recall

Indirect ➡️ people exercise power through elected representatives
Eg - presidential and parliamentary system

17
Q

What is social democracy?

A

The term “democratic” in preamble not only embraces political democracy but also social and economic democracy ➡️ this was stressed upon by BR Ambedkar

He said political democracy cannot last until there’s social democracy ➡️ social democracy is a way of life that recognises liberty, equality and fraternity. They form a union of Trinity and that to divorce one from the other is to defeat the very purpose of democracy

18
Q

Republic - types, inspired from and meaning

A

Inspired from - French constitution
Democratic polity is if two types:
1. Monarchy - head of the state enjoys hereditary position like UK
2. Republic - Head of the state is elected either directly (USA) or indirectly (India)

Republic means two more things:
1. Political equality is at the centre if it
2. Vesting of political sovereignty in the people and not in a single individual like king
3. Absence of any privilege in class and hence all public offices are open to every citizen without any discrimination ( strengths and substantiate democracy)

19
Q

Justice - inspired from and types mentioned in preamble

A

Inspired from - russian revolution
Types mentioned in preamble - Social, economic and political

20
Q

Define social justice and how is it ensured by the constitution

A

Equal treatment of all citizens without any social discrimination based on caste, colour race, religion, sex and so on.
It is absence of privilege to any particular section
Affirmative action for improvement in the condition of women, SC,ST and OBCs

21
Q

Define economic justice and how is it ensured by the constitution

A

Non discrimination between people on the basis of economic factors and elimination of inequality in wealth, income and property and to reduce the concentration of wealth

Art 39(DPSP) - Equal pay for men and women and adequate means of livelihood
MGNREGA, Abolition of bonded labour

22
Q

What is distributive justice?

A

Economic justice+ social justice

23
Q

Define political justice

A

All citizens enjoy equal political rights and equal access to political offices and the right to participate in the governance/government

Political equality is ensured through Art 325 - no person can be declared ineligible for inclusion in electoral roll on the grounds of RRCS

Article 326 - universal adult franchise for LS and state assembly election

24
Q

LIBERTY - inspired from, define and how constitution ensures it

A

Inspired from french revolution
It is absence of restraints on individual as well as providing opportunities for the development of individual personalities

Constitution enforces Liberty of thought, expression, belief, faith and worship through FR( however this liberty is not absolute but qualified)

25
Q

EQUALITY - Types mentioned in preamble and definition

A

Equality if status and opportunity

It means the absence of special privileges to any section of the society and the provision of adequate opportunities for all individuals without any discrimination.

26
Q

Fraternity - define and how is it ensured by the constitution

A

Fraternity is the sense of brotherhood among people and it ensures dignity of an individual ( through FR,DPSP) and unity and integrity of the nation ( unity and integrity embraces both, the psychological and territorial dimension of national integration like Art 1- union of state➡️ indestructible)

Fraternity is ensured by the constitution through:
1..single Citizenship
2. Through FD ➡️ Article 51A➡️ promote harmony and spirit of common brotherhood amongst people

27
Q

Preamble is part of the constitution or not? - related judgements

A
  1. Berubari union (1960) - not a part of the constitution ➡️ hence cannot be amended ➡️ however it is key to the mind of the makers also helps in interpretation in case if ambiguous articles
  2. Keshvanand bharti case(1973) - it is part of the constitution and hence can be amended ➡️ led to 42nd CAA
  3. LIC of India case(1995) - preamble is an integral part of the constitution however non justiciable

Preamble is not part if US constitution however it is there

28
Q

Is preamble a BS?

A

The objectives specified in the preamble contain the basic structure of our constitution like republic form of govt, secularism but preamble is itself not basic structure

Polity (17 decks)

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