3. Preamble

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  • Preamble to an act sets out the main objectives which the legislation is intended to achieve.
  • It is a sort of introduction to the statute and many a times very helpful to understand the polity and legislative Int.
  • Preamble embodies in a solemn form all the ideals and aspirations for which the country had struggled during the British Regime.

Preamble Declares:

  •  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 assemble this twenty-sixth day of November. 1949, do hereby adopt, enact and give to ourselves this constitution”.

42nd Amendment and the preamble:

  • This Amendment had inserted three new words in the Preamble (ie) Secularism, Socialism and Integrity.
  • This concepts were already implicit in the constitution. This amendment merely spells out clearly these concepts in the Preamble.
  • “Socialism” means “Democratic Socialism” and not “Communistic Socialism”.
  • DPSP – Article 39 (b) and (c) are the charters of Social and economic Liberties of the people.

Integrity:

  • Intended to put an end to separatist tendencies and make people feel that every part of India is their home.
  • Framers used the words “India shall be a union of states ”. Which implies that seats have no right to secede from the federation.
  • Article 19 – State imposes reasonable restriction on the freedom of speech and expression of citizens in the interest of Integrity and sovereignty.

Secularism:

  • State does not recognize any religion as a state religion. It treats all religions equally (Implicit in Article 25 –28).
  • Aruna Roy (Vs) Union of India (2002) – Supreme Court has said that secularism has a positive meaning that is developing, understanding and respect towards different religions.

    Sovereignty:

  • Sovereignty means Independent authority of a state. It means that it has the power to legislate on any subject; and that it is not subject of any other state or external power.

Republic:

  • Elected president at the head of the state and office including that of the president will be open to all citizens.
  • Preamble declares in unequivocal terms that the source of all authority under the constitution is the people of Indi

Democracy:

  • Not only form the Political but also from the social stand point.
  • It envisages not only a democratic form of Government but also a democratic society, infused with the spirit of Justice, Liberty, Equality and Fraternity.

Form of Government:

  • Representative Democracy (i.e) no agencies of direct control by the people, such as referendum or Initiative.
  • People of India exercise their sovereignty through parliament at the centre and state legislature in each state, which is to be elected by adult franchise and to which real executive shall be responsible.

Social Justice:

  • Social Justice is the comprehensive form to remove social imbalance by Law Harmonising the rival claims (or) the interests of different groups and/or sections in the social structure (or) individual by which alone it would be possible to build a welfare state

Economic Justice:

The banishment of poverty, not by the multiplication of the national wealth and resources and an equitable distribution thereof amongst all who contribute towards its production, Economic Justice aims at establishing economic democracy and a welfare state.

The ideal of economic justice is to make equality of status meaningful and life worth living at its best removing inequality of opportunity and of status – social, economic and political.

Liberty, Equality and Fraternity:

  • It has to be secured and protected with social justice and economic empowerment and political justice to all the citizens under the rule of law.

Liberty:

  • Democracy cannot be established unless certain minimal rights, which are essential for a free and civilized existence, are assured to every member of the community.
  • Liberty should be coupled with social restraint and subordinated to the liberty of the greatest number for common happiness.

Equality:

  1. Civil
  2. Political
  3. Economic equality
  • Guaranteeing of certain rights to each individual would be meaningless unless all inequality is banished from the social structure and each individual is assured of equality of status and opportunity for the development of the best in him and the means for the enforcement of the rights guaranteed to him.
  • Apart from civil equality, the constitution seek to achieve political equality by providing for universal adult franchise and by reiterating that no person shall be either expelled from the general electoral roll or allowed to be include in any general (or) special electoral roll, only on grant of his religion race, caste or sex .

Fraternity:

  • Democracy would indeed be hallow if it fails to generate this spirit of brotherhood amongst all sections of the people.
  • It is essential for the country like India which composed of so may race, religions, languages and culture.

Secular State:

  • Unity and Fraternity” of the people of India, professing numerous faiths, has been sought to be achieved by enshrining the Ideal of a “Secular State”.welfare state.

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