Notes

Preamble of Constitution

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Preamble of 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:
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
 
The word ‘sovereign’ in the context of India implies that the country is independent and free to govern itself without any dependency or dominion of any other nation. India can conduct its internal and external affairs without interference and can acquire or cede foreign territories as it sees fit.
Indian socialism is a unique blend of Marxism and Gandhism, emphasizing principles such as social justice, equality, and community-oriented governance, with a focus on peaceful, gradual reform rather than violent revolution.
The Indian Constitution upholds the positive concept of secularism by ensuring equal treatment of all religions by the state, regardless of their size or influence.
Democracy in India is indirect, as the people exercise their supreme power through their elected representatives in the legislative bodies. Direct democracy, which is practiced in countries like Switzerland, involves people directly participating in decision-making processes through devices such as referendum, initiative, recall, and plebiscite:
  • Referendum allows proposed legislation to be submitted directly to the electorate for approval or rejection.
  • Initiative enables citizens to propose a bill for consideration by the legislature.
  • Recall permits voters to remove an elected official before the end of their term if they are unsatisfied with their performance.
  • Plebiscite is a process used to gauge public opinion on significant issues, particularly territorial disputes.
The term ‘republic’ in India's Preamble signifies that the country has an elected head of state (the president) who serves a fixed term of five years and is elected indirectly.
The term ‘justice’ encompasses social, economic, and political aspects and is safeguarded through the Fundamental Rights and Directive Principles of State Policy.
The term ‘liberty’ signifies freedom from restrictions and opportunities for the development of individual potential.
The term ‘equality’ denotes the absence of special privileges for any group, with equal opportunities provided to all individuals.
Fraternity fosters a sense of brotherhood and unity among citizens, supported by the system of single citizenship.
The phrase ‘unity and integrity of the nation’ encompasses both the psychological and territorial aspects of national cohesion. Article 1 of the Constitution describes India as a ‘Union of States’ to underline that the states have no right to secede from the Union, reflecting the indestructible nature of the Indian Union.
The Supreme Court has affirmed that the Preamble is an integral part of the Constitution, consistent with the views of the founding fathers.
Nonetheless, it is important to recognize that:
  1. The Preamble does not grant legislative power nor does it place restrictions on legislative authority.
  1. The Preamble is non-justiciable, meaning its provisions cannot be enforced in court.
The Preamble has been amended only once, in 1976, by the 42nd Constitutional Amendment Act, which added three new words—Socialist, Secular, and Integrity—to the Preamble. This amendment was deemed valid.
 
60-62nd BPSC
Q. The term ‘Socialist’ was added in the Preamble by the-
A. 42nd amendment
B. 44th amendment
C. 46th amendment
D. None of the above
 
40th BPSC
Q. In the context of the Preamble of Indian Constitution which of the following sequence is correct?
A. Secular, Democratic Republic, Socialist
B. Socialist, Secular, Democratic Republic
C. Socialist, Democratic Republic, Secular
D. None of the above
 
39th BPSC
Q. India has people’s sovereignty because the Preamble of the Constitution begins with the words :
A. Republic of People
B. Democracy of People
C. We, the People of India
D. None of the above