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Preamble of the Constitution of India

Abirlal Mukherjee (Mukhopadhyay) 0 Comments
  1. American Constitution was the first to begin with a Preamble
  2. “Identity card of the Constitution” – N.A Palkhivala
  3. Our preamble is based on the Objective Resolution by Nehru
  4. Amended by the 42nd Constitutional Amendment Act 1976,
    1. It added three words
      1. Socialist, Secular, Integrity
  5. The idea of the following things can be given by the Preamble which are:
    1. ·Source of the Constitution
    2. ·Nature of Indian State
    3. ·A statement of its objectives
    4. ·Date of its adoption[2]

  6. The Preamble of Indian Constitution

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:
  1. JUSTICE, social, economic and political;
  2. LIBERTY of thought, expression, belief, faith and worship;
  3. EQUALITY of status and of opportunity; and to promote among them all
  4. 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.
  1. Interpretation By The Supreme Court
·Berubari Union case[6]
In this case, it was held by the Supreme Court that the Preamble is the part of the Constitution.However, it recognised that the Preamble could be used as a guiding principle if a term in any article of the Constitution is ambiguous or has more than one meaning.
·Keshvananda Bharti v. State of Kerala
In this case, The Supreme Court overturned its earlier decision and held that the Preamble is a part of the Constitution and can be amended under Article 368 of the Constitution. Again, in LIC of India case, the Supreme Court held that the Preamble is a part of the Constitution.
  1. Terms:
    1. Sovereign
    2. Socialist
      1. term added by 42nd CA Act 1976
      2. Before DPSP
      3. Indian Socialism = Democratic Socialism not Communistic/State Socialism
      4. Faith in mixed economy, a blend of Marxism & Gandhian socialism
    3. Secular
      1. Term added by 42nd CA Act 1976
      2. Article 25 to 28 = Fundamental Rights to Freedom of Religion
      3. Inclusive Secularism
    4. Democratic
      1. Democracy
        1. Direct Democracy: People enjoy the supreme power.
          1. Referendum
          2. Initiative
          3. Recall
          4. Plebiscite
        2. Indirect/Representative Democracy: Elected Representatives by People enjoy supreme power.
          1. Parliamentary
            1. Indian Democracy
          2. Presidential
      2. Supreme Court says: “Democratic socialism aims to end poverty, ignorance, disease, and inequality of opportunity”
      3. Indian Parliamentary Democracy
        1. Universal adult franchise
        2. Periodic election
        3. Rule of law
        4. Independence of Judiciary
    5. Republic
      1. Democratic Polity
        1. Republic
        2. Monarchy
    6. Justice: the idea of social, economical & political justice is taken from Russian Revolution (1917)
      1. Social
      2. Economical
      3. Political
    7. Liberty
      1. idea of liberty, equality, fraternity in the preamble from French Revolution 1789-1799
    8. Equality
      1. Article 14
      2. Article 15
      3. Article 16
      4. Article 17
      5. Article 18
      6. Article 325
      7. Article 39
    9. Fraternity
      1. Brotherhood
        1. Single Citizzenship
        2. Article 51 A: Fundamental Duties
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Posted in Banking Exams, Competitive Exaams, Indian Polity, UPSC / State PSCs

About the Author: Abirlal Mukherjee (Mukhopadhyay)

Assistant Professor (Amity University), Digital Humanist
Ph.D in English (GITAM, India), M.A. and B.A. in English (B.C.C., B.K.U, India), P.G.D.E. -I by Research (B.C.U, UK), TESOL Prof. Certification (Arizona State University, USA)

Founder, Chair of the Secretaries of University Learner
India School on Internet Governance Fellow – 2024, IIM-B
Member of Internet Society, Bangalore
Internal Complaints Committee Member – GITAM Deemed to be University, Bengaluru
Short Term Intern, 2024, National Human Rights Commission of India
Research Associate at Indian National Law Review
Teach for India Fellow 2023 and Fellowship Recruitment Committee, Delhi
Learn More on: https://abirlalmukhopadhyay.in

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