Preamble to constitution of india

PREAMBLE TO

CONSTITUTION OF

INDIAKarishma Sirohi (21)

MBA KUK

Events before Constitution

1. Demand of Indian Parliament.

2. Indian Council Act, 1861

3. Indian Council Act, 1909

4. Seed of Separatism.

5. Demand for constituent assembly.

6. Opposed by Muslim League.

7. Acceptance of Partition.

8. Constituent Assembly.

Father of the Indian

Constitution A Drafting Committee was elected by the Constituent Assembly on 29th August

1947. It elected Dr. B.R. Ambedkar to be its President. The Constitution as

prepared by the Drafting Committee was circulated on 21 February 1948. This

formed the basis of discussion in and outside the Constituent Assembly. The

Drafting Committee had 7 members apart from the chairman which are:

Dr. B.R. Ambedkar (Chairman)

1. Alladi Krishnaswamy Aiyyar

2. D. P. Khaitan

3. N. Madhav Rao

4. K.M. Munshi

5. N. Gopalaswamy Ayyangar

6. T.T Krishnamachari ( Congress)

7. Saiyid Mohammad Saadullah ( Muslim League)

Dr. B R Ambedkar (A Review)Bhimrao Ramji Ambedkar (14 April 1891 – 6 December 1956), popularly also

known as Babasaheb, was an Indian jurist, politician, philosopher, historian and

economist.

Barack Obama referred to Dr. Ambedkar as a founding father of modern

India during his address speech in Indian Parliament.

A speech delivered by Shri T. T. Krishnamchari on November 5,1948 in the

constituent assembly shows that

Dr. Ambedkar was in fact the chief architect of our democratic

constitution. In his speech, Shri Krishnamchari drew the attention

of the assembly to the fact out of seven members nominated by the

constituent Assembly to the Drafting Committee, one died and

was not replaced, one was away in America for most of the time

and his place was not filled up by another person, and another

member was more engrossed in the affairs of the state, and also

that one or two other were mostly away from Delhi because of

health reasons.

demos (people) + kratos (rule) = democracy,

meaning rule by the people.

Constitution of IndiaIndian Constitution seeks to establish the fundamental organs of government

and administration, lays down their structure, composition, powers and principal

functions, defines the inter-relationship of one organ with another, and regulates

the relationship between the citizen and the state, more particularly the political

relationship. The Constitution describes how India is divided into States and

Union Territories. There are governments at both levels. One at the Centre

(Delhi) for the entire country and the other in each State or Union Territory for

that particular state or Union Territory. This was done because the members of

the Constituent Assembly felt that India was a large country and one

government at the centre would not be able to solve the problems and look after

the interests of all the people and the different regions. The Constitution was

finally adopted for 26 November 1949The constitution was enforced with effect

from January 26, 1950. From that day India became a Republic.

Functions of the Constitution

1. Expression the Ideology.

2. Expression of Basic Law.

3. Organizational Framework.

4. Levels of Government.

5. Amendment Provisions.

Features of Constitution

1. Longest known Constitution.

2. Single Citizenship.

3. Three tier Government.

4. Fundamental Rights.

5. Independent Judiciary.

6. Republic.

7. Favours to Background classes etc.

8. Universal Franchise.

9. Federal Constitution.

10.Parliament form of Government.

What is Preamble????A preamble is an introductory statement of a constitution which lays down the

ideals it attempts to promote. A preamble to an Act of Parliament gives its

reasons and purposes and lays down the aims and objects for which a

particular Act has been passed. The idea of the Preamble has been borrowed

from the Constitution of the U.S.A. The Constitution of the Republic came

into effect on 26 January 1950. As an introduction, it is not a part of the

contents but it explains the purposes and objectives with which the document

has been written. So is the case with the ‘Preamble’ to the Indian Constitution.

As such the ‘Preamble’ provides the guide lines of the Constitution.

The Preamble, in brief, explains the objectives of the Constitution in two ways:

one, about the structure of the governance and the other, about the ideals to be

achieved in independent India. It is because of this, the Preamble is considered

to be the key of the Constitution.

Objective of Preamble The objectives, which are laid down in the Preamble, are:

1. Description of Indian State as Sovereign, Socialist, Secular, Democratic

Republic. (Socialist, Secular added by 42nd Amendment, 1976).

2. Provision to all the citizens of India i.e.,

a) Justice social, economic and political

b) Liberty of thought, expression, belief, faith and worship

c) Equality of status and opportunity

d) Fraternity assuring dignity of the individual and unity and integrity of the

nation.

Purpose of having Preamble

The Preamble to our Constitution serves two purposes: -

1. It indicates the source from which the Constitution derives its authority;

2. It also states the objects, which the Constitution seeks to establish and

promote.

Significance of the Preamble1. The Preamble of Indian Constitution reflects the basic structure and the spirit

of the Constitution.

2. The Preamble acts as the preface of the constitution of India and lays down

the fundamental value and philosophical ideas. It represents the entire

Constitution in its written words.

3. It contains the basic features of the Constition and thus considered to be a

vital part.

4. The Preamble doesn't contain laws enforceable in a court but no law can be

enacted or amended in a manner that violates the spirit of the Preamble. Thus

the Preamble of the constitution of India is unamendable and unalterable.

Preamble

THE CONSTITUTION OF INDIA

PREAMBLE

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a

1[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 2[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.

Text of Preamble

WE, THE PEOPLE OF INDIA

We the People indicate that India is a republican polity which means it shall have

no hereditary ruler and the people shall elect their government.

Text of Preamble

SOVEREIGN

Sovereign means absolute independence, i.e., a government which is not

controlled by any other power: internal or external.

Text of Preamble

SOCIALIST

Socialist means commitment to attain ideals like removal of inequalities,

provision of minimum basic necessities to all, equal pay for equal work.

Text of Preamble

SECULAR

In the context of secularism in India, it is said that ‘India is neither religious, nor

irreligious nor anti-religious.’

Text of Preamble

DEMOCRATIC REPUBLIC

The democratic principles are highlighted with the provisions of universal adult

franchise, elections, fundamental rights, and responsible government.

The Preamble also declares India as a Republic. It means that the head of the

State is the President who is indirectly elected and he is not a hereditary ruler

Text of Preamble

JUSTICE

Justice promises to give people what they are entitled to in terms of basic rights

to food, clothing, housing, participation in the decision-making and living with

dignity as human beings.

Text of Preamble

LIBERTY

The Preamble also mentions about Liberty of thought and expression. These

freedoms have been guaranteed in the Constitution through the Fundamental

Rights.

Text of Preamble

EQUALITY

Equality means All citizens of India should be treated equally and extended equal

protection of law without any discrimination based on caste, creed, birth, religion

etc.

Text of Preamble

FRATERNITY

In the background of India’s multi-lingual, multi-cultural and multi- religious

society and keeping in view the partition of the country, the framers of the

Constitution were very much concerned about the unity and integrity of our

newly independent country. There was a need for harmonious co-existence among

various religions, linguistic, cultural and economic groups. Inclusion of phrases

like ‘dignity of individuals’, ‘fraternity among people’ and ‘unity and integrity of

the nation’ in the Preamble highlight such a need.

Fundamental Rights

It is:A Fundamental Right is protected and enforced by the Constitution.

A fundamental right can be altered only by a constitutional amendment. A

fundamental right can be suspended or abridged only in the manner prescribed

by the constitution.

A fundamental right is a right which an individual possesses against the

State.

A fundamental right is enforceable only against the State. It cannot be

enforced against a cooperative society.

Right to EqualityThis includes:

Equality before law.

Prohibition of discrimination on grounds of religion, race, caste, sex or place of

birth.

Equality of opportunity in matters of employment

Abolition of Untouchability

Abolition of titles

Right to FreedomThis includes:

Freedom of Speech and Expression

Freedom of Assembly

Freedom of Association

Freedom of Movement

Freedom of Residence

Freedom of Profession and Trade

Right against ExploitationThis includes:

Prohibition of traffic in human beings and forced labour

Prohibition of employment of children in factories, etc.

Right to Freedom of ReligionThis includes:

Freedom of conscience and free profession, practice and propagation of religion.

Freedom to manage religious affairs

Freedom as to payment of taxes for promotion of any particular religion.-

Freedom as to attendance at religious instruction or religious worship in certain

educational institutions

Cultural and Education RightThis includes:

Protection of interests of minorities

Right of minorities to establish and administer educational institutions

Right to move on CourtThis includes:

Remedies for enforcement of rights conferred by this Part.