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The Preamble to the Indian Constitution is

based on the ‘Objectives Resolution’,


drafted and moved by Pandit Nehru, and
adopted by the Constituent Assembly
. It has been amended by the 42nd
Constitutional Amendment Act (1976),
which added three new words–Socialist,
Secular and Integrity.
IMP FACTS FOR EXAMS
qAmerican constitution first one to begin with preamble
qPreamble of Indian constitution is based upon objective resolution which was moved by pandit Nehru on 13
December 1946 and adopted by constituent assembly on 22nd January 1947
qPreamble has been amended only once so far by 42nd amendment 1976 and it added 3 new word socialist
secular and integrity
qThe Preamble embodies the basic philosophy and fundamental values political moral and religious on which
constitution is based
qPreamble is neither a source of power to the legislature nor prohibition on the power of legislature
qPreamble is non justiciable in court of law
qPreamble was enacted by constituent assembly after rest of the constitution was already enacted
SOURCE OF AUTHORITY OF
OBJECTIVE OF CONSTITUTION
CONSTITUTION Nature of Indian states AND DATE OF ADOPTION

• Preamble derive its authority from • Sovereign socialist secular • Justice is taken from Russian
people of India democratic republic. revolution
• Liberty equality fraternity is taken
from French revolution
• Constitution adopted on 26
November 1949

SIGNIFICANCE OF PREAMBLE
1. It contain philosophy of the constitution
2. NA Palkhivala referred it as a identity card of the our constitution
3. Key to the mind of constitution makers
4. Summary of Indian constitution
5. It also help judiciary to decide constitutionality of law.
KEYWORDS ASSOCIATED WITH PREAMBLE
• It means India is not a dominion of any other country and complete independent
state
SOVEREIGN • As a sovereign country India can acquire a foreign territory or cede a part in favour
of any other country
• India is SOVEREIGN in its internal and external affairs

• It is added by 42nd amendment 1976.

SOCIALIST
• Socialist contents are implicit in DPSP article 36 to 51 but 42nd amendment mentioned it explicitly
• Indian socialism is a blind of Marxism and Gandhism though it is heavily leaning towards Gandhi that is
called democratic socialism.
• India adopted mixed economic model where both public and private sector ko exist side by side

• 42nd amendment 1976 in India there is a positive secularism that is


all religion have the same status and spot from the state

SECULAR • Secularism is part of basic structure of the constitution


• Even before 1976 secular state was implicitly mentioned in article 25
to article 28
Western - Secularism Indian – Secularism
In the West, all religious institutions and organizations are distinct Secularism in India means that the state is neutral to all religious
from the operation of the state. groups but not necessarily separate
The state thinks that religion should be free of all interference. If The concept is not limited to the topic of how religious groups should
religion is interfering with the state's ability to function, the state has be treated in India. The essence of secularism, on the other hand, is
the authority to limit citizens' rights. the creation of constructive interaction between the state and
religion.

Secularism in the Western sense opposes open displays of religion, In India, all forms of religion are tolerated and supported by the
with the exception of places of worship. government.
The line between state and religion is obvious and unmistakable. In India, there is no obvious boundary between state and religion.
The concept of secularism originated in mid-eighteenth-century The term ‘secularism' was established in the Indian Constitution with
Enlightenment ideas, which were first incorporated in the French the 42nd Amendment Act, 1976, notwithstanding the fact that the
Constitution following the French Revolution (5 May 1789 – 9 concept of secularism was rudimentary in ancient and medieval
November 1799). India.

All religions are treated equally by the state. It does not provide A religious institution receives financial assistance from the state and
financial assistance to religious organizations or levy taxes on them. is also taxed.

Regardless of religious affiliation, a single standard rule of law is Although the law is the same for all residents, each town has its own
employed to administer justice. set of personal laws regarding marriage and property rights.
However, under the Indian Penal Code, they are all treated equally.
DEMOCRATIC REPUBLIC JUSTICE

• Doctrine of popular • monarchy Britain and • It is taken from Russian


sovereignty that is Republic USA India revolution
possesion of supreme • Indian republic head of • It include three type of
Power by the people state is indirectly justice social economic
• It embraces political elected and political
social and economic • Republic means • Distributive justice is
democracy political SOVEREIGNTY equal to social justice
• In India we follow Vest With people plus economic justice
representative • Absence of any
parliamentary privileged class
democracy where • All public offices open
executive is responsible to all without any
to legislature. discrimination
INSTRUMENTS MEANING
REFERENDUM Procedure whereby a LIBERTY.
1. Ideals of Liberty equality fraternity is taken
proposed legislation is
referred to the electorate for from French revolution.(1789)
2. Absence of restraint on the activities of
settlement by their direct
votes. individual.
3. Providing opportunities for the development of
INITIATIVE Method by means of which individual personalities.
the people can propose a bill 4. Liberty doesn’t mean licence to do what one
to the legislature for likes.
enactment.
RECALL Method by means of which
the voters can remove a
representative or an officer EQUALITY.
before the expiry of his term. 1. Absence of special privileges to any section of
society.
PLEBISCITE Method of obtaining the 2. Adequate opportunity for all without
opinion of India’s people on discrimination.
any issue of public 3. Preamble secures Equality of
importance. status+opportunity.

INSTRUMENTS OF DIRECT DEMOCRACY


FRATERNITY.
1. SENSE OF BROTHERHOOD
2. Single citizenship promotes
fraternity. UNION OF TRINITY= LIBERTY+ EQUALITY+ FRATERNITY

SUPEREME COURT VIEWS.


1. BERUBARI UNION CASE (1960). SC held that
preamble is not part of constitution.
2. KESHAVANANDA BHARTI CASE(1973).
Preamble is part of constitution.
3. LIC OF INDIA CASE. SC again held that
preamble is integral part of constitution
What was the exact constitutional status of India on 26th Prelims 2017:
January, 1950? Which of the following objectives is not embodied in
a) A democratic Republic Preamble to the Constitution of India?
b) A Sovereign Democratic Republic a) Liberty of thought
c) A Sovereign Secular Democratic Republic b) Economic liberty
d) A Sovereign Socialist Secular Democratic Republic c) Liberty of expression
CSE - 2021 d) Liberty of belief
CSE Prelims 2013:
‘Economic Justice’ as one of the objectives of the Indian Prelims 2017:
Constitution has been provided in The mind of the makers of the Constitution of India is
a) the Preamble and the Fundamental Rights reflected in which of the following?
b) the Preamble and the Directive Principles of State Policy a) The Preamble
c) the Fundamental Rights and the Directive Principles of State b) The Fundamental Rights
Policy c) The Directive Principles of State Policy d) The
d) None of the above Fundamental Duties
15. Which of the following are true regarding the Preamble of the Constitution of India? CDS 2013 I
1. The Objective Resolution was proposed by Jawaharlal Nehru and passed by the Constituent Assembly which ultimately
became the preamble.
2. The idea of the preamble was borrowed from the Constitution of USA.
3. The words Socialist and Secular were adopted by the 42nd Amendment in 1976.
4. The preamble incorporates the Fundamental Rights of the citizens of India.
Select the correct answer using the codes given below.
(a) 1, 2 and 3
(b) 2, 3 and 4
(c) 1, 3 and 4
(d) 1, 2 and 4
Ans: (a)
46. ‘‘To cherish and follow the noble ideas which inspired our national struggle for freedom’’ is a provision of which one of
the following of the Constitution of India ? CDS 2014 II
(a) Directive Principles of the State Policy
(b) Fundamental Duties
(c) Fundamental Rights
(d) Preamble
Ans: (b) The provisions ‘To cherish and follow the noble ideas which inspired our national struggle for freedom’ is included
in Article-51A of Indian Constitution. So, it is a Fundamental Duty
132. Which one among the following statements is not correct? [2012-I]
The word 'socialist' in the Preamble of the Constitution of India read with
(a) Article 39 (d), would enable the court to uphold the constitutionality of nationalisation laws
(b) Article 14, would enable the court to strike down astatute which failed to achieve the socialist goal to the fullest extent
(c) Article 25, would enable the court to ensure freedom guaranteed under that Article
(d) Article 23, would enable the court to reduce inequality in income and status
Ans. (c)

140. The Preamble is useful in constitutional interpretation because it [2012-II]


(a) uses value loaded words
(b) contains the real objective and philosophy of the constitution makers
(c) is a source of power and limitation
(d) gives and exhaustive list of basic features of the Constitution
Ans. (b) The preamble is useful in constitutional interpretation because it contains the real objective and philosophy of the
constitution makers.
Among the following ideals and philosophy, Which of the following statements is/are correct regarding the Preamble
identify those enshrined in the Preamble to of the Indian Constitution? [2017-I]
the Constitution of India. [2013-II] 1. The Preamble by itself is not enforceable in a Court of Law.
1. Sovereign democratic republic. 2. The Preamble states the objectives which the Constitution seeks to
2. Socialism and secularism. establish and promote.
3. Capitalism and free trade. 3. The Preamble indicates the source from which the Constitution derives
Select the correct answer using the codes its authority.
given below Select the correct answer using the code given below.
(a) 1 and 2 (a) l, 2 and 3
(b) 1 and 3 (b) 1 and 2 only
(c) 1,2 and 3 (c) l and 3 only
(d) 2 and 3 (d) 2 only
Ans. (a) According to the preamble of Indian Ans. (a) Preamble is a brief introductory statement to the Constitution of
Constitution, India is aSovereign, Socialist, India which sets out the guiding purpose and principles of the document,
Secular and Democratic and it indicates the source from which the document derives its authority,
republic. Capitalism and free trade is not meaning
enshrined in the preamble of the Indian
constitution.
Which of the following statements The word 'Secular' was inserted into the Constitution of India
regarding the Preamble of the by: [2015-II]
Constitution of India is/are correct (a) 44th Amendment Act
? [2012-II] (b) 52nd Amendment Act
1. The Preamble is an integral part (c) 42nd Amendment Act
of the Constitution. (d) 34th Amendment Act
2. The words 'secular' and 'socialist' Ans: (c)
have been a part of the Preamble
since its inception. The word socialist was inserted into the preamble to the constitution of India
Select the correct answer using the through which one of the following Amendment Acts? [2018-II]
code given below : (a) 41st Amendment Act
(a) 1 only (b) 42nd Amendment Act
(b) 2 only (c) 43rd Amendment Act
(c) Both 1 and 2 (d) 44th Amendment Act
(d) Neither 1 nor 2 Ans: (b)
Ans: (a)
The preamble to the Constitution
of India is a brief introductory
statement that sets out the guiding
purpose and principles of the
document.

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