Preamble & Features of Indian Constitution

Preamble & Features of Indian Constitution

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hello friends welcome to learn Indian
law today we are going to learn the first chapter of Indian constitutional
law “preamble and features of Indian Constitution” the dictionary meaning of
the word preamble is introduction here also preamble part is an introduction to
the Constitution before going into detail explanation let’s look into how
preamble is written “We the people of India having solemnly resolved to
constitute India into a Sovereign Socialist Secular Democratic Republic
and to secure all its citizens Justice social economic and political Liberty of
thoughts expression belief faith and worship equality of status and of
opportunity and to promote among them all Fraternity assuring the dignity of
individual and unity and integrity of nation in our Constituent Assembly this
26th day of november 1949 do hereby adopt enact and give to ourselves this
constitution. So this is preamble of Indian Constitution. As I already told
preamble is an introduction to Indian Constitution it is also considered as
the main objective of the Constitution. Preamble explains the objectives of the
Constitution in two ways (1) about the structure of the governance and (2)
about the ideas to be achieved in independent India. It is because of this,
preamble is considered to be the key of the Constitution this key or preamble
helped us to unlock the world of Constitution. Gist of words used in
preamble like Socialist, Republic, Justice and so on can be seen in every part of
Constitution so it’s run like a golden thread throughout the Constitution. Preamble also embodies the fundamental values and philosophies on which
Constitution is based. Two amendment was made in preamble by 42nd amendment
Act, 1976. First is by removing sovereign Democratic Republic and add
sovereign socialist secular Democratic Republic second amendment is removing
unity of nation and add unity and integrity of nation
This amendment is for to avoid separatist tendency. These key words seen
in preamble are some of the main features of Indian Constitution let’s
discuss about it one by one. First one is sovereign or sovereignty. sovereignty
means absolute independence. It is one of the important element of any independent
state. As a sovereign country India is neither independent nor a dominion of
any other nation but an independent nation. Government is not controlled by
any other power both internally or externally. Indian sovereign power is
lies in the people of India. Next feature is socialist the word socialist
was inserted by 42nd Amendment Act 1976 it means control of states over the
means of production. Indian form of socialism is a “democratic socialism” and
not a “communistic socialism”. Democratic socialism give importance to mixed
economy where public & private sectors co-exist side by side. The word socialism has
been used in the context of economic planning. The idea of socialism is mainly
incorporated in part IV of the Constitution that is “Directive
principles of the state policy” in D.S.Nakra vs. Union of India, aim of
socialist state defined as to eliminate irregularity in income, ensure decent
standard of life to working people and to provide security basic framework. Next
feature of Indian Constitution is secularism. The word secular incorporated
in Constitution by 42nd Amendment Act.
Indian Constitution embodies the positive concept of secularism. All
religion in our country have the same status and support from the state. That
is no state-sponsored religion. So India is neither religious nor irreligious nor
anti religious. The idea of secularism demonstrate in Article 25 to 28 which
deals about freedom of religion. Article 15 (1) and (2) & Article 16 (2) which prohibit discrimination on the basis of religion. Next is
democracy. Democracy is generally known as government “of the people” “by the
people” and “for the people”. It means that the government is elected by the people
and this government is responsible and accountable to the people. The
democratic principles are highlighted with Article 326 which deals about right
to vote and Article 75 (3) which means about collective responsibility of
council of ministers to people. Next is Republic. India is a Republic
country which means head of the state like President or Prime minister are
always elected directly or indirectly for a fixed period and he is not a
hereditary ruler as in case of British monarch. Liberty the word Liberty means
absence of restraint on the activity of individuals. All citizens of India have
Liberty of thought expression belief faith and worship. This Liberty is
secured through their fundamental rights enforceable in court of law in case of
violation. Next is equality it means all citizen of India should be treated
equally and extended equal protection of law without any discrimination based on
caste, creed, birth, religion, sex etc Preamble secured all citizen of India
equality of status and opportunity Fraternity, Dignity,
Unity and integrity. India is a multi-lingual multi-cultural and
multi-religious Society so there is a tendency of separation. So for a
continuing harmonious coexistence among various religion, linguistic, cultural and
economic groups preamble include the phrases like “dignity of individual”
“fraternity among people” and “unity and integrity of the nation”. Let’s look
into other features of Indian Constitution Indian Constitution is the
lengthiest written constitution of the world at the time of enactment it
consists of 395 Articles 22 parts and 9 schedules. Now after lots of
amendments it contained 443 Articles divided into 26 parts and 12 schedules.
Indian Constitution is a unique blend of rigidity and flexibility which means
some part of it can be amended by Parliament by a simple majority, whereas,
some parts requires a 2/3 majority as well as not less than one half of the
state legislature. Another important features of Indian Constitution is
independent judiciary. The Constitution provide an independent judiciary which
ensures that the government is carried on in accordance with the provisions of
the Constitution. It act as the guardian of the liberties and fundamental rights
of the citizen. It also determined the limit of the power of the centre and the
states. Supreme court also has the jurisdiction to solve the matters
between central and states & state inter se Next feature is single
citizenship. Indian Constitution does not sanction double citizenship as in
the Federation like the USA. There is only one uniform Indian citizenship. Indian
Constitution is a federal constitution the term federal has not been used in
the Constitution. instead India has been described as a
“union of states” However Indian Constitution have all the
characteristics of Federation first one is two sets of government that is
central and state second characteristics is division of
power between state and centers the Constitution is also considered as the
supreme authority and both the center and state government derives its power
from it. The framers of our Constitution have borrowed some of the great
constitutional principles from foreign constitutions those provisions are
fundamental rights, judicial review, independence of judiciary, preamble, rule
of law, law making procedure, those provisions are from United States of
America. Parliamentary form, single citizenship and provisions related to
speaker is from United Kingdom. Directive principles of state policy, election
of President is from Ireland. Emergency provisions is from Germany and the
Government of India Act 1935. Constitutional amendment is from South
Africa. Specific words of preamble and concurrent list from Australia.
Fundamental duties, equal protection of law, Planning Commission and five years
plan from USSR. Idea of liberty, equality and fraternity from France. Procedure
established by law is from Japan. Next is case laws regarding preamble. in Sajjan
Singh vs. state of Rajasthan and Golak Nath vs. State of Punjab held that
preamble indicates source of Constitution. It is an introduction to
the statute, useful to understand the legislative intent and policy. It is a
key to the minds of the farmers of the Constitution. Whether preamble is a part
of Constitution or not was dealt with in two leading cases first one is In
Berubari Union case and second one is Keshavanadha Bharathi vs. state of Kerala
In Berubari case held that preamble is not a part of Constitution but Keshavanadha Bharathi case has created history it was held that preamble to the
Constitution of India as a part of Constitution
and therefore amendable under Article 368 but cannot violate the basic
structure of the Constitution. Preamble is not a source of power nor a source of
limitation. Keshavanadha Bharathi case also held that preamble has a significant role to
play in the interpretation of statutes also in the interpretation of provision
of the Constitution. So that’s all about “Preamble and features of
Indian Constitution” “Thank you”

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