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Polity Chapter 5 Preamble

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41 views4 pages

Polity Chapter 5 Preamble

Uploaded by

manvendraking9935
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Chapter-5

Preamble
 USA was the first to bring preamble in its constitution
 India along with other countries adopted preamble
 Refers to introduction of constitution
 N.A. Palkhiwala an constitutional expert called the preamble as identification card of
Constitution.
 The Preamble of Indian constitution is based on objective resolution drafted by Pt.Nehru
and adopted by constituent assembly.

Components of Preamble
1-Source of Authority of constitution----We the people of India.

2-Date of adoption of Constitution---26 Nov 1949.

3-Nature of constitution---Sovereignty, Socialist, Secular, Democratic, Republic.

4-Objective of Constitution---Justice, Liberty, Equality, Fraternity.

Keywords in preamble

Sovereignty
The word sovereignty implies that India is neither dependency nor a dominion of any other
nation and there is no authority above it and it is free to conduct its own affairs being a
sovereignty country India can either acquire a foreign territory or a part of its territory.

Socialist
The Indian socialism is a democratic socialism it means focus on a mixed economy where
both public and private sector coexist side by side according to supreme court democratic
socialism aims to end poverty, ignorance, disease and inequality of opportunities.

Secular
Indian constitution focuses on the positive concept of secularism it means all religion in our
country has the same status and support from the state (irrespective of their strength).
Democratic
Democracy is of two types

1-Direct Democracy

In direct democracy the people exercise their supreme power directly

2-Indirect Democracy

In Indirect democracy the representative elected by the people and representatives elects
the supreme authority this is also known as representative democracy.

The Indian constitution provides representative parliamentary democracy under which the
executive is responsible to the legislature for its policies and actions.

Republic
A democratic system can be classified in three categories

Monarchy, Dominion and Republic

Indian Constitution defines India as a Republic country i.e India has an elected head called
The President and President is elected indirectly by the people for 5 years.

Justice
The term justice embraces in three forms (the idea of justice has been taken from Russian
Revolution).

1-Political Justice

It implies that all citizens should have equal political right, equal access to all political
offices and equal voice in government.

2-Economic Justice

It denotes the non discrimination between people on the basis of any economic factors it
involves the elimination of inequalities in wealth, income and property.
3-Social Justice

It denotes equal treatment of all citizens without any social identity based on caste colour,
race, religion, sex etc.

Liberty
It means the absence of restrictions on activities of individuals and at the same time
providing opportunities for the development of individual’s personality however liberty
does not mean license to do what one likes and has to be enjoyed within the limitations
mentioned in the constitution in brief the liberty protected by the fundamental right is not
absolute but qualified

Equality
The term equality means the absence of special privileges to any section of society and the
provision of adequate opportunities for all individuals without any discrimination the
preamble secures to all citizen of India equality of status and opportunities.

Fraternity
It means feeling of brotherhoodness and emotional attachments with the country it helps
to promote unity and integrity in the nation.

Amendment of Preamble
The question to whether the preamble can be amended under article 368 of constitution
arouse for the first time in the historical case Keshavanand bharti case 1973 it was said by
Supreme Court that the preamble cannot be amended as it is not a part of constitution
however the preamble has been amended only once so far in 1976 by 42nd constitutional
amendment act 1976 which has added three new words Socialist, Secular and Integrity after
some time Supreme Court said that this amendment is said to be valid.

Preamble is part of constitution or not?


One of the controversies about the preamble is it whether a part of constitution or not in the
Berubari Union case 1960 Supreme Court said that Preamble is not a part of constitution
however the present situation is that according to supreme court preamble is an integral part
of constitution(In LIC case 1995).

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