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Polity 1.

2 Preamble
Dr. Roman Saini
About me
• 18th rank in CSE 2013

• IAS @22

• Completed MBBS from AIIMS

• Facebook page: www.facebook.com/romansaini.official

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This painting of preamble is work of
renowned painter Beohar Rammanohar
Sinha of Jabalpur who was at Shantiniketan
with acharya Nandalal Bose at that time.
!
Based on 'Objectives Resolution'
of Pt. Jawahar Lal Nehru (Dec, 1946)
adoptedby CA on 22/01/1947
Preamble
• WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST (42) SECULAR (42) DEMOCRATIC REPUBLIC (S3DR) and to secure to all its citizens:

• JUSTICE, social, economic and political; (SEP)

• LIBERTY of thought, expression, belief, faith and worship; (tebfaw)

• EQUALITY of status and of opportunity;

• and to promote among them all

• FRATERNITY assuring the dignity of the individual and the unity and integrity (42) of the Nation;
(dui)

• IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT,
ENACT AND GIVE (AEGIS) TO OURSELVES THIS CONSTITUTION
Why Preamble
• USA Constitution, Objectives Resolution of JLN adopted by CA (22.01.1947)

• Preamble is not an integral part of the Indian constitution: BeruBari case (Overruled
later)

• Kesavananda case (24th April, 1973, Sachin Tendulkar), overruled earlier decisions;
P can be used to interpret ambiguous areas of the constitution. Also in 1995 LIC case

• Constitutional status: Preamble is the integral part of the Constitution, but non
enforceable and non-justifiable, neither source of power nor prohibiting on it.

• Original "sovereign democratic republic". 42 ~4+2=6 so 42nd CAA, 1976 "sovereign


socialist secular democratic republic" and integrity. So amendable
Significance
• Enacting words: "We the people of India" =Popular sovereignty of J.
J. Rousseau= power emanates from people and the political system
will be accountable and responsible to the people.

• Constitution is made by and for the Indian people and not by any
outside power like British Parliament.

• Horoscope of our constitution KM Munshi

• Soul of our constitution


Sovereign
• Supremely independent. Everything emanates from people

• Internally: it has a free government which is directly elected by the


people and makes laws that govern the people

• Externally. free from control of any foreign power which can dictate
the government of India

• Hence, citizens of India also enjoy sovereign power to elect their


representatives in elections held for parliament, state legislature
and local bodies as well.
Socialist

• 42nd CAA, earlier also by DPSP and various other provisions

• Democratic (not communalist) socialism: Aims to end poverty,


ignorance, disease and inequality of opportunity

• Blend of Marxism (20%) and Gandhian Socialism (Majority)

• LPG dilution
Secular
• 42nd CAA, implicit (Earlier in 25 - 28 Articles) made explicit

• Positive concept of Secularism (neither irreligious nor anti religious)i.e All


religion have equal status and support from state, irrespective of their
numeracy strength and other factors

• Other 2 states:

• Atheistic States: Anti-religion, condemns all religion. Ex: Albania, North Korea

• Theocratic States: Pro-religion and one religion as state religion. Ex:


Bangladesh, Sri Lanka, Pakistan, Nepal
Democratic
• Democratic spirit, indirect. Parliamentary and Presidential (Direct via
RIP (Recall/Referendum, Initiative, Plebiscite) in Switzerland)

• Largest democracy (number of voters)

• Periodic election at all levels (Union, State and local) universal adult
franchise (UAF) (>18). Every citizen No discrimination on the basis
of caste, creed, colour, sex, religion education, Independence of
Judiciary

• No political D without Social D


Republic
• Democratic polity

• Monarchy (UK) Hereditary head (King/Queen), succession, vesting


of political sovereignty in Monarch

• Republic: Head of state is elected directly or indirectly for a fixed


period (India indirect election of Prez for 5 years), vesting of PS in
public, no privileged class, all public office opened to every citizen
without any discrimination
Justice
• PSE (Political Social Economic) via FR and DPSP (From Russian
Revolution)

• Social J: Equal treatment of citizens without any social


discrimination based on caste, colour, race, religion, sex and so on.

• Economic J: Egalitarian society, reducing shameful inequalities in


income, wealth, property. (SJ + EJ = DJ)

• Political J: Equal political rights, access to all political office


including PM and Prez
Liberty

• TEBFAW (FR enforceable)

• Absence of restraints of individual activities, providing opportunities


for grooming individual personalities

• Reasonable limitation and restrictions

• French Revolution
Equality
• Absence of privileges to a section, equal opportunity to all

• Status and opportunity (Civic, political and economic)

• Art 14 (EBTL), Art 15 (No discrimination on C,S,R,R,PoB), Art 16


(Equal opportunity in Public employment), Art 17 (Abolition of
Untouchability), Art 18 (Abolition of titles) DPSP Art 39 (Equal pay
for equal work after securing livelihood of men and women) Art 325
(No discrimination in electoral rolls inclusion)
Fraternity
• Sense of Brotherhood:

• Single citizenship, Fundamental Duties (promote harmony and spirit


of common brotherhood)

• Assure dignity of individual (FD renounce practices derogatory to


dignity of women)

• Unity and integrity (42) of nation- Art 1 India, that is Bharat, shall be
a union of states, no right to secede, FD (to protect and uphold SUI
of India)
Spread the word like wildfire because it is time for little revolution in
education

Dr. Roman Saini


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