ALIG FOUNDATION POLITY LECTURE - 3 PREAMBLE “We THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMORCRATIC 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 unity and integrity of the Nation; IN OUR CONSITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”. The American Constitution was the first to begin with a Preamble. Many countries including India followed this practice. The term Preamble refers to “Introduction”.Preamble is known as the Identity Card of the Constitution. The Preamble of Indian Constitution is based on the Objective resolution drafted byJ.L. Nehru. Preamble ‘as.the part of Constitution In the Berubari Union case 1960, the Supreme Court held that Preamble is not the part of cconstitution. But in Kesvanand Bharti case 1973 Supreme Court rejected the earlier opinion and declare that Preamble is an integral part of Constitution. In another case of LIC of India 1995, Supreme Court again held that preamble is the part of constitution. However, Supreme Court declared that 1) The Preamble is neither the source of power to Legislature nor the prohibition on the power of legislature 2) It is not Justifiable, hence not enforceable in court of lawAmendment of preamble After the Historical case of Kesvanand Bharti 1973, Supreme court held that Preamble is the integral part of constitution, hence can be amended under Article 368 but amendment must not change the basic structure of Constitution. Our preamble was Amended only once in so far, in 1976 by the 42nd amendment act, which has.added three words in Preamble-Socialist, Secular and Integrity. Explanation: 1. Source of authority of the Constitution The words, “we, the People of India....” clearly indicates the source of authority of the Constitution. It emphasizes the sovereignty of the people. 2. Nature of Indian State It declares India to. be a sovereign, socialist, secular, democratic and a republic nation.a) Sovereign Sovereignty denotes supreme and ultimate power. Sovereignty means the independent authority of the State, not being subject to the control of any other States external power. Types of Sovereignty External Internal b) Socialist The word “socialist” was added in the Preamble by the 42nd Constitutional Amendment Act, 1976. “socialist” indicates the incorporation of the philosophy of “socialism” in the Constitution, which aims at elimination of inequality in income and status and standards of life (c) Secular The word “secular” was added in the Preamble by the 42nd Constitutional Amendment Act,1976. A secular State, in Indian context, means that the State protects all religions equally and does not itself uphold any religion as the State religion.(d) Democratic The word “democracy” comes from the Greek words "demos", meaning people, and "kratos" meaning power. Thus, in democracy, ultimate power lies with the people. (e) Republic The term “republic” in our Preamble indicates that India has an elected head called the President. India is a republic because the head of the State is elected and is not a hereditary monarch. Schedules of Constitution First Schedule : List of States & Union Territories Second Schedule :- Provisions related to salary & allowances 1. The president of India 2. The Governors of State 3. Speaker & Deputy Speaker of Lok Sabha 4. Chairman & Deputy Chairman of Rajya Sabha 5. Speaker & Deputy Speaker of Legislative Assembly6. Chairman & Deputy Chairman of Legislative Council 7. Judges of Supreme Court 8. Judges of High Courts 9. Comptroller and Auditor-General of India Third Schedule :- Forms of Oaths and Affirmations . Union Ministers . Candidates for election to the Parliament . Members of Parliament . Judges of Supreme Court . Comptroller and Auditor-General of India . State Ministers . Candidates for election to State Legislature . Members of the State Legislature ©MANnN DO PF WN . Judges of High Courts Fourth Schedule :- Allocation of seats in Rajya Sabha to the states and Union Territories Fifth Schedule :- Administration and control of scheduled areas and scheduled tribes Sixth Schedule :- Provisions for administration of TribalArea in Assam, Meghalaya, Tripura, Mizoram Seventh Schedule :- Division of power between Union & States Union List (For Central Government) State List (For State Government) Concurrent List (For Both Union & States) Eight Schedule :- List of languages recognized by the constitution (Originally it had 14 languages but presently there are 22 languages Note :- English is not mentioned in-thislist Four Schedules has been added up after the enforcement of Constitution 9th schedule :- It was added by the 1st Amendment Act 1951. It was about.the land reforms and abolition of zamindari system. 10th schedule :- It was added by the 52" amendment Act 1985 by Rajeev Gandhi government.It is related with anti defection law. 11th schedule :- It was added by the 73rd Amendment Act 1992. It established Panchayati Raj system. 12th schedule :- It was added by the 74th Amendment Act 1992. It established Municipalities.