Professional Documents
Culture Documents
Polity & Governance: by M.Karthikeyan
Polity & Governance: by M.Karthikeyan
Governance
By M.Karthikeyan
PREAMBLE
Demo – day 2
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TABLE OF CONTENTS
S.No. Topic Page No
1 PREAMBLE OF THE CONSTITUTION OF INDIA 03
b. Republic 04
2 c. Democracy 05
d. Secularism 05
e. Socialist 05
g. Equality 06
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“I shall strive for a Constitution, which will release India from all thralldom and patronage,
and give her, if need be, the right to sin. I shall work for an India, in which the poorest shall
feel that it is their country in whose making they have an effective voice; and India in which
there shall be no high class and low class of people; an India in which all communities shall
live in perfect harmony. There can be no room in such an India for the curse of untouchability
or the curse of intoxicating drinks and drugs. Women shall enjoy the same rights as men.
Since we shall be at peace with all the rest of the world, neither exploiting nor being
exploited, we should have the smallest army imaginable. All interests not in conflict with the
interests of the dumb millions will be scrupulously respected, whether foreign or indigenous.
Personally, I hate distinction between foreign and indigenous. This is the India of my
dreams”. - M. K. Gandhi
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:
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.
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2. PHILOSOPHY OF THE CONSTITUTION OF INDIA:
The preamble of the Indian constitution is based on objective resolution drafted by
Jawaharlal Nehru and as adopted by the constituent assembly. It contains summary or
essence of the constitution. Preamble has been amended by 42nd constitutional amendment
act 1976, which added three words to the constitution – SOCIALIST, SECULAR and
INTEGRITY.
The term We the people clearly states the participation of the citizen of the country. It defines
that the sovereign authorities are the citizen of India. It clears the fact that all power vested
in the government is given by the people themselves. It is the citizen who chooses the
government. The term ‘We the people of India says that the authors of the constitution are
the people.
Actually, the question of whether and how every citizen voted for the constitution? The
people/ citizen does not directly vote because it is impossible for the millions of the people
to take a direct part in the procedure of making the constitution. The constitution was made
by the representatives of the people, in the name of the people.
In Union of India v. Madangopal -Here the court referred the word ‘We the people of India
and observed that “the brief of our constitution i.e. preamble derives the authority i.e.
citizens of India.
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to ourselves” declares the ultimate sovereignty of the people of India and that constitution
resets on the authority of people of India. Sovereign means the country is independent
internally and supreme externally.
b. Republic:
Government is elected by the people directly for a fixed period and the country does not
regard any hierarchical monarchy (since 26th January 1950, crown of England ceased to
have any legal constitutional authority over India and no citizen of India was to have any
allegiance to British crown).
In India the head of the state is known as the President who is elected by the people through
voting, all the citizen has a right to vote. He is elected for the term of five years.
c. Democracy:
Not only political but also social democracy that is about democratic society infused with the
spirit of Justice, Liberty, Equality and Fraternity. Definition of democracy by Abraham
Lincoln is fulfilled in Indian preamble that is Government by the people and for the people.
Hence India adopted method of electing members of parliament and state legislature
through “universal adult franchise” and head of the Union – President and head of the state
– Governors (appointed by President) are not directly elected by people. Hence, they won’t
have any political powers.
In Union of India v. Association for Democratic Reforms - The court observed that
democracy is the important essential of a welfare state, the people should get a chance to
elect their leader who can act for the people.
d. Secularism:
The word secular was also inserted through the 42nd Amendment in 1976, meaning the
State is neutral on religious issues (that is it does not recognize any religion as official
religion of state, indirectly, state recognizes all religions). It also means that, people are free
to decide on their religion. Country/Nation is neither religious nor non-religious (anti-
religious). State is prevented from becoming subordinate to any religion. In legal sense,
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secularism means equality on all issues “Sarva Dharma Sam Bhav” (Art 25-28 Fundamental
Rights are related to regarding secularism).
In St. Xavier’s College v. the State of Gujarat - The Supreme Court, in this case, explains that
the concept of secularism. It does not mean anti-religion but it means that the state will
respect every religion and should not interfere in their practices but does not follow any
religion.
e. Socialist:
The term ‘Socialist’ was added after the 42nd Amendment, 1976, during the emergency. The
term socialist denotes democratic socialism. It means a political-economic system that
provides social, economic, and political justice. That is socialistic pattern of society; Directive
Principles of State Policy are mentioned in constitution to achieve all social goals. In
socialistic state, Government owns or controls all four essential means or factors of
production. The main reason why the term was inserted in the preamble was to provide the
equality in opportunity and a better life for the people and give the brief to the makers so
that they can make the constitution by keeping the concept of socialist in mind.
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g. Liberty
The term ‘Liberty’ means freedom for the people to choose their way of life, have
political views and behavior in society. It means no unreasonable restrictions can be
imposed on the citizens in terms of their thoughts, feelings, and views. But liberty does not
mean freedom to do anything, a person can do anything but, in the limit, set by the law.
Anything which can create public disorder cannot come under liberty. These limits are set
by the Constitution to avoid injuries in the name of liberty.
h. Equality:
A right without the sanction from the authority has no meaning. Such a right cannot be
enjoyed by of the members of the community. The legislative intent of the makers of the
Constitution was to ensure equality of status and opportunity for all and to provide a basis
for ultimately establishing an egalitarian society. Equality of status and opportunity as
enshrined in the Preamble is secured to all firstly, by abolition of all kinds of distinctions and
biases by the State between citizens on the grounds of religion, race, caste, sex and secondly,
by equal access to open public places, by abolishing untouchability and titles, by securing
equality for opportunity in the employment sector or appointment to any office under the
State.
i. Fraternity:
Generally, fraternity means the spirit of brotherhood. The concept of the fraternity was
introduced so that people feel that all people of the same soil, the same motherland are their
brothers and sisters and are equal in status.
India is the country having diversities based on religion, race, caste so it is important to
promote the spirit of brotherhood among them all.
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3. Three parts of the Preamble
The Preamble when analyzed can be divided into three parts by reference to its qualitative
characteristics. The first part is declaratory, whereby the people of India in their Constituent
Assembly adopted, enacted and gave to themselves this Constitution that is the Constitution
of India. The second part is resolutionary, whereby the people of India solemnly resolved to
constitute India into a sovereign democratic republic. The third part is promissory, a
commitment by the people of India to secure to all its citizens the four objectives mentioned
in the Preamble i.e justice, liberty, equality and fraternity, accompanied by an assurance of
the dignity of the individual and the unity of the nation.
There is yet another way of looking at the structure of the Preamble. It refers to three
events and gives three messages by reference to the time-past, present and future. "We, the
people of India, having solemnly resolved in our Constituent Assembly this 26th day of
November,1949" is a matter of history or the past and proposes to place on record an event
which has already happened. The "do hereby adopt, enact and give to ourselves this
Constitution” is a contemporaneous event, an event of present being placed on record.
“to constitute India into a sovereign Democratic Republic and to secure to all its citizens:
Fraternity assuring the dignity of the individual and the unity of the Nation;”
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Is the future or destiny of “We, the people”, “The nation”, “the republic, that is, India” and this
part of the preamble forms the hopes and aspirations of the people of India; made on the day
a solemn promise not only to themselves but also to the coming generations and posterity.
The LokSabha Debates provide an interesting insight into the objectives for the
amendment. Shri H.R.Gokhale, the then Minister of Law, Justice and Company Affairs, moving
the amendment on October 25, 1976, recalled the words of Pt. JawaharLal Nehru-
“The first task of this Assembly is to free India through a new Constitution, to feed the
starving people, to clothe the naked masses and to give every Indian the fullest opportunity
to develop himself according to his capacity”.
“We are a sovereign democratic republic. Now we have a proposal to introduce the
words, ‘socialism’ and ‘secularism’ in addition to the existing words. This is not a play of
word. Because, everyone realizes, at any rate a large portion of the thinking people realize,
that the Preamble is the key to the whole Constitution when we interpret the Constitution,
its letter, its provision. It is the most fundamental part of the constitutional structure which
given direction to the whole Constitution, a direction to all that we do by law or otherwise.
Even courts have taken note of the fact that the preamble, being the key to the Constitution,
is something which you cannot ignore as an expression, as a desire made by Parliament or a
legislative body.
Therefore, the objectives which we had always in view, namely, socialism and
secularism, which we have tried to implement, will be more and more implemented and will
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be more accurately and correctly reflected in a basic part of our Constitution, namely, the
Preamble”
“When this Amendment Bill is passed, it will be the fines hour in the history of this
Parliament; it will be a major step forward, more major than any other taken before not only
in the history of our country. We only hope that, with these changes, all of us will strive to go
forward for the achievement of the main goal of social-economic revolution in the country”.
"We try to make good laws. Of Course, the cynics in the past have said that all laws
are useless, for good men do not need them and bad men are made no better by them"
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" A Constitution if it is out of touch with the people's life, aim and aspirations, becomes
rather empty, if it falls below those aims, it drags the people down. It should be something
higher to keep people's eyes and minds up to a certain high mark."
The Lok Sabha was divided; however, the amendment was passed by a thumping
majority of 366 ayes against 4 noes.
The notes on clauses of the Bill stated that the concept of secularism, socialism and integrity
of the nation are implicit in the Constitution and these have been clearly spelt out in the
amendments to the Preamble,
The Constitution, a living and organic document, speaking through its mouth, the Preamble,
gives its blessings but at the same time expects a commitment and fulfilment. The
Constitution gave us rights elevated to fundamentals The working of the Constitution
remained us of the need of "we the people" binding ourselves with certain fundamental
duties also. The rights and duties, both fundamental, yet one enforceable and other desirable
only, are bridged and balance by the Directive Principles of the policy. The rights so
conferred, to borrow the words of Chief Justice Chandrachud in Minerva Mills Ltd., would be
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without a radar and a compass if they were not geared to an ideal; in the same manner the
attainment of the ideals set out in Part IV would become a pretence or tyranny if the price to
be paid for achieving that ideal is human freedom. One of the faiths of our Founding Fathers
was the purity of means. Indeed, under our law, even a dacoit who has committed a murder
cannot be put to death in the exercise of right self-defence after he has made good his escape.
So great is the insistence of civilized laws on the purity of means.
After the word 'sovereign' add the words 'socialist secular'. Any other way of
amending the Preamble would be historically false and would involve a patent contradiction.
"But we doubt very much whether a Preamble retrospectively inserted in 1949 in an Act
passed 25 years before can be looked at by the Court for the purpose of discovering what the
true intention of the legislature was at the earlier date. A legislature can always enact that
the law is, and shall be deemed always to have been, such and such; but that is a wholly
different thing from imputing to dead and gone legislators a particular intention merely
because their successors at the present day think that they might or ought to have had it".
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Secondly, the word "socialist" needed to be defined as it is word of many meanings and in
the context of the Soviet Union it would seem to suggest that a socialist form of government
can be a dictatorship, a concept foreign to our Constitution.
Thirdly, the word "Secular" is not precise And need to be defined. “secular” may be opposed
to “religious” in the sense that a secular State can be an anti-religious State. In this sense, the
Constitution of India is not secular, because the right to the freedom of religion is a
guaranteed fundamental right. The word “secular” may mean that as far as the State is
concerned, it does not support any religion out of public funds, nor does it penalized the
professional practice of any religion or the right to manage religious institutions as provided
in Articles 25 and 26. The word secular is therefore inapposite.
“Good drafting would require that ambiguous words should not be put into a
Preamble without a reason and as far as one can see, there is no reason for putting in the
word ‘socialist’ and the word ‘secular’, for the content of those concepts themselves would
have to be found In the enacting parts of the Constitution, and by themselves the two words
have certain associations which are inconsistent with the enacting provisions of our
Constitution. Fourthly, the words ‘equality’, ‘fraternity’, ‘liberty’ as well as the word ‘justice’
are not precise though they have been historically associated with the struggle for freedom.
The Forty-fifth of Amendment Bill proposed an amendment of Article 366 by inserting
definitions of the words ‘secular’ and ‘socialist’. However, this amendment was not accepted
by the council of States. Consequently, the words secular and socialist remained undefined.”
Article 394 of the Constitution shows that the said article as well as Articles 5, 6. 7, 8, 9, 60,
324, 366, 367, 379, 380, 388, 391, 392, 393 came into force at one i.e. on the 26th day of
November, 1949 when the Constitution was adopted and enacted and the remaining
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provisions of the Constitution would come into force on the 26th day of January, 1950 "which
day is referred to in this Constitution as the commencement of this Constitution". Article 394
would thus show that except for sixteen articles which were mentioned in that article, the
remaining provisions of the Constitution came into force on the 26th day of January, 1950.
The words "the remaining provision", would include the Preamble as well as Part III and Part
IV of the Constitution. It may also be mentioned that a proposal was made in the Constituent
Assembly by Mr. Santhanam that the preamble should come into force on November 26,
1949 but the said proposal was rejected.
Such structure of the Constitution of India rests on the basic foundation, that is, the dignity
and freedom of the individual. This is of supreme importance. This cannot be destroyed by
any form of amendment.
Although the Preamble gives a predominant place to securing the objective of social,
economic and political justice to the citizen, there is nothing in it which gives primacy to
claims of individual right to properly over the claims of social, economic and political justice.
There is, as a matter of fact, no clause or indication in the Preamble which stands in the way
of abridgement or right to property for securing social, economic and political justice.
Indeed, the dignity of the individual upon which also the Preamble has laid stress, can only
be assured by securing, the objective of social, economic and political justice. The words "
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basic structure or frame work", indicate the board outlines of the Constitution while the right
to property is a matter of detail. H.R. Khanna, J. Clearly opined in Kesavananda Bharathi Case
that right to property cannot be said to pertain to the basic structure or framework of the
Constitution.
According to J.M. Shelat and A.N. Grover, JJ. (in Kesavananda Bharathi Case) the sovereign
democratic republic has been constituted to secure to all the citizens the objectives set out.
The attainment of those objectives forms the fabric of and permeates the whole scheme of
the Constitution. While most cherished freedoms and rights have been guaranteed, the
government has been laid under a solemn duty to give effect to the Directive Principles. Both
Parts III and IV which embody them have to be balanced and harmonized - then alone dignity
of the individual can be achieved. It was to give effect to the main objective in the Preamble
that Parts III and IV were enacted. The three main organs of government, legislature,
executive and judiciary and the entire mechanics of their functioning were fashioned in the
light of the objectives in the Preamble, the nature of polity mentioned therein and the grand
vision of a united and free India in which every individual, high or low, will partake of all that
is capable of achievement. Referring to the Objectives Resolution, the learned Judges
observed that the same could be taken into account as a historical fact which moulded the
nature and character of the Constitution. Since the language of the Preamble was taken from
the Resolution itself the declaration in the Preamble that India would be a sovereign
democratic republic which would secure to all its citizens justice, liberty Nd equality was
implemented in Parts III and IV and othr provisions of the Constitution. These formed not
only the essential features of the Constitution but also the fundamental conditions upon and
the basis on which the various groups and interests adopted the Constitution as the
Preamble hoped to create one unified integrated community.
Keeping in view the historical background, the Preamble and the entire scheme of the
Constitution, the learned Judges held that the basic elements of the constitutional structure
can be illustrated but not catalogued as:
In the option of the learned Judges it hardly makes any substantial difference whether the
Preamble is a part of the Constitution or not.
According to Jaganmohan Reddy, J. the Preamble indicates the elements and of the basic
structure of the Constitution and translated in the various provisions thereof. The used d the
words the "sovereign democratic republic" in the Preamble are a strong pointer to the theory
that the Fundamental Rights in Part III and Directive Principles in Part IV, which constitute
the essential elements of the basic structure of our constitution cannot be totally abrogated.
There will be no Government if it does not ensure political, economic or social justice and
entails abolition of Fundamental Rights or Directive Principles.
The basic structure doctrine or the doctrine of basic features of the Constitution as evolved
by the Supreme Court of India in unique in constitutional jurisprudence. The seeds of the
theory are to be found in the Preamble to the Constitution. Landmark pronouncement of the
Supreme Court in Kesavananda Bharathi, Indira Nehru Gandhi v. Raj Narain and Minerva
Mills bear testimony to this truism. Any amendment of the Constitution is open to judicial
review and liable to be interfered with by the basic features of the Constitution. So wide and
far-reaching is the sweep and impact of the doctrine that it is impossible for those
responsible for amending the Constitution to guess what surprise lies in store for them
before the Supreme Court because the claim of any particular feature of the Constitution to
be a basic feature would be determined by the Court. A multiple of features have been
acknowledged as " basic" in judicial pronouncements by different Judges individually though
it can be said that consensus as regard each of them is yet to be achieved.
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b) Rule of law
c) The principle of Separation of powers.
d) The objectives specified in the Preamble to the Constitution
e) Judicial review; Article 32, Articles 226/227
f) Federalism
g) Secularism
h) The sovereign, democratic, Republican structure
i) Freedom and dignity of the individual
j) Unity and integrity of the Nation.
k) The principle of the equality, not every feature of equality, but the quintessence of
equal justice
l) The "essence" of other Fundamental Rights in Part III
m) The concept of social and economic justice - to build a welfare State; Part IV in toto
n) The balance between Fundamental Rights and Directive Principles.
o) The parliamentary system of government
p) The principle of free and fair elections.
q) Limitations upon the amending power conferred by Article 368
r) Independence of the Judiciary; but within the four corners of the Constitution and not
beyond that.
s) Powers of the Supreme Court under Articles 32, 136, 141, 142.
t) Effective access to justice.
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9. PREVIOUS YEAR UPSC QUESTIONS ON PREAMBLE (PRELIMS)
5. ‘Economic Justice’, as one of the objectives of the Indian Constitution, has been
provided in the (1988)
a) Preamble and Fundamental Rights
b) Preamble and Directive Principles
c) Fundamental Rights and Directive Principles
d) Preamble, Fundamental Rights and Directive Principles
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6. The basic structure theory of the Constitution of India implies that (1994)
a) Certain features of the Constitution are so essential to it that they cannot be
abrogated
b) fundamental rights cannot be a bridged or taken away
c) the Constitution cannot be amended except in accordance with the procedure
prescribed in Art, 368
d) the Preamble of the Constitution cannot be amended for it is not a part of the
Constitution and at the same time represents its real spirit
8. ‘Economic Justice’ as one of the objectives of the Indian Constitution has been
provided in (2013)
a) the Preamble and the Fundamental Rights
b) the Preamble and the Directive Principles of State Policy
c) the Fundamental Rights and the Directive Principles of State Policy
d) None of the above
9. The mind of the makers of the Constitution of India is reflected in which of the
following? (2017)
a) The Preamble
b) The Fundamental Rights
c) The Directive Principles of State Policy
d) The Fundamental Duties
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10. Which one of the following objectivesis not embodied in the Preamble to the
Constitution of India? (2017)
a) Liberty of thought
b) Economic liberty
c) Liberty of expression
d) Liberty of belief
11. Which one of the following reflects the most appropriate relationship between
law and liberty? (2018)
a) If there are more laws, there is less liberty.
b) If there are no laws, there is no liberty.
c) If there is liberty, laws have to be made by the people.
d) If laws are changed too often, liberty is in danger.
1. How the Indian concept of secularism is different from the western model of
secularism? Discuss. (2018) 150 words (10 Marks)
2. Discuss each adjective attached to the word „Republic‟ in the „Preamble‟. Are they
defendable in the present circumstances? (2016) 200 words
(12.5 Marks)
3. What is the significance of a preamble to a constitution? Bring out the philosophy of the
Indian polity as enshrined in the Preamble of the Indian Constitution. (2004) 250 words
(30 Marks)
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