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PREAMBLE by ATRISHEKHAR - Coggle Diagram

- - - - Sovereign, Socialist, Secular, Democratic & Republican.
    - - 26 nov 1949
    - - People of India
        
        We the People- Taken from UN
        
        UN Preamble taken from the US
  - - - and to secure to all its citizens:
  - - - Social, Economic and Political;
  - - - of thought, expression, belief, faith and worship;
  - - - of status and of opportunity; and
  - - - assuring the dignity of the individual and
        
        the unity and integrity of the Nation;
  - - - GIVE TO OURSELVES
        THIS CONSTITUTION”
- - - - President of theConstituent Assembly said, ‘The question is that Preamble stands
        part of the Constitution.The motion was then adopted
        
        the current opinion held by the Supreme Court that the Preamble
        is a part of the Constitution, is in consonance with the opinion of the founding fathers of the Constitution.
- - - - There is no authority above it
      - it is free to conduct its own
        affairs
      - but in 1949 declared continuation of its membership of the Commonwealth of Nations
        
        this extra-constitutional declaration does not affect India’s sovereignty
      - membership of the United Nations Organisation (UNO)
        
        in no way constitutes a limitation on her
        sovereignty
      - Sovereign power is that which is absolute and uncontrolled.
        
        A State is sovereign where there resides within itself a supreme and absolute power acknowledging no superior.
    - - Indian Constitution provides for representative
        parliamentary democracy
        
        the executive is
        responsible to the legislature for all its policies and actions
      - Not only political democracy but also
        
        social democracy
        
        As per Dr.BR Amedkar
        
        a way of life which recognises liberty, equality and
        fraternity
        
        liberty, equality and fraternity are not to
        be treated as separate items in a trinity
        
        economic democracy
        
        SC in 1997
        
        "The Constitution envisions to establish an egalitarian social order
        rendering to every citizen social, economic and political justice in a social and economic democracy of the Bharat Republic”.
      - Republic
        
        the head of the state is always elected directly
        or indirectly for a fixed period, e.g., USA
        
        India has an elected head called the president.
        
        He is elected
        indirectly for a fixed period of five years.
        
        A republic also means two more things
        
        the absence of any privileged class and hence all public
        offices being opened to every citizen without any discrimination
        
        vesting of political
        sovereignty in the people and not in a single individual like a king
        
        difference
        
        NON REPUBLIC
        
        United Kingdom
        
        British Monarchy
        
        Constitutional Monarchy but Hereditary Monarch
        
        REPUBLIC
        
        India
        
        Head-President
        
        Indirectly Elected BUT Not a Hereditary Monarch
      - manifestations of the democratic
        character
        
        Universal adult franchise,
        
        periodic elections,
        
        rule of law,
        
        independence of judiciary,
        
        and absence of discrimination
      - Democracy is of two types
        
        direct
        
        Referendum,
        
        Referendum is a procedure whereby a proposed legislation is referred to the electorate for settlement by their direct votes.
        
        Initiative,
        
        is a method by means of which the people can propose a bill to the
        legislature for enactment.
        
        Recall and
        
        is a method by means of which the voters can remove a representative or an
        officer before the expiry of his term, when he fails to discharge his duties properly
        
        Plebiscite
        
        is a method of obtaining the opinion India’s of people on any issue of public importance. It is generally used to solve the territorial disputes.
        
        indirect
        
        representative democracy
        
        parliamentary
        
        executive is
        responsible to the legislature for all its policies and actions.
        
        and presidential
  - - - ie, all religions in our country (irrespective of their
        strength) have the same status and support from the state
    - - Supreme Court said in
        1974, although the words ‘secular state’were not expressedly mentioned in the Constitution, there can be no doubt that
        Constitution makers wanted to establish such a state and accordingly Articles 25 to 28
    - - Constitution had a socialist content in the form of certain Directive Principles of State Policy
      - term was added by the 42nd Amendment in
        1976
      - the Congress party itself adopted a resolution 1955 stablish a ‘socialistic pattern of society’ in its Avadi session
      - Indian brand of socialism is a ‘democratic
        socialism’ and not a ‘communistic socialism’ (also known as ‘state socialism’) which involves the nationalisation of all means of production and distribution and the abolition of private property.
        
        Democratic socialism, on the other hand, holds faith in a ‘mixed
        economy’ where both public and private sectors co-exist side by
        
        Supreme Court says, ‘Democratic socialism aims to
        end poverty, ignorance, disease and inequality of opportunity
        
        Indian socialism is a blend of Marxism and Gandhism, leaning
        heavily towards the Gandhian socialism
        
        new Economic Policy (1991) of liberalisation, privatisation
        and globalisation has, however, diluted the socialist credentials of
        
        Democratic Socialism
        
        Parliamentary democracy
        
        Emphasis on Individual liberty
        
        Mixed of Public and private Sector
        
        Equality of opportunity is the main goal
  - - - Social Justice
        
        Every person has equal personality, his place is important
        
        A combination of social justice and economic justice denotes what is
        known as ‘distributive justice’
      - Economic Justice
        
        Provide economic
        freedom and equality
        
        It involves the elimination
        of glaring inequalities in wealth, income and property
        
        Economic justice denotes the non-discrimination between
        people on the basis of economic factors.
      - Political Justice
        
        Every citizen should
        enjoy their right to vote
        
        Political justice implies that all citizens should have equal
        political rights, equal access to all political offices and equal voice in the government
      - The ideal of justice–social, economic and political–has been
        taken from the Russian Revolution (1917)
      - Natural justice
        
        Providing freedom to a
        person to live his life
    - - Equality
        
        means the absence of special privileges to any
        section of the society, and the provision of adequate opportunities for all individuals without any discrimination
        
        Preamble secures to all citizens of India equality of status
        and opportunity
        
        embraces three dimensions of
        equality
        
        political and
        
        two provisions in the Constitution that seek to
        achieve political equality
        
        no person is to be declared
        ineligible for inclusion in electoral rolls on grounds of religion race, caste or sex (Article 325).
        
        elections to the Lok Sabha
        and the state assemblies to be on the basis of adult suffrage(Article 326).
        
        economic
        
        DPSP (Article 39) secures to
        men and women equal right to an adequate means of livelihood and equal pay for equal work
        
        civic,
        
        Fundamental Rights
        ensure civic equality
        
        (a) Equality before the law (Article 14).
        
        (b) Prohibition of discrimination on grounds of religion, race,caste, sex or place of birth (Article 15).
        
        (c) Equality of opportunity in matters of public employment (Article 16).
        
        (d) Abolition of untouchability (Article 17).
        
        (e) Abolition of titles (Article 18).
        
        Fraternity
        
        means a sense of brotherhood
        
        the system of single
        citizenship
        
        Fundamental Duties (Article 51-A)
        
        fraternity has to assure two things
        
        dignity of the individual
        
        Constitution not only ensures material betterment
        and maintain a democratic set-up, but that it also recognises that the personality of every individual is sacred
        
        the unity and integrity of the
        nation
        
        word ‘integrity’ has been added to the preamble by the
        42nd Constitutional Amendment (1976)
        
        phrase ‘unity and integrity of the nation’ embraces both thepsychological and territorial dimensions of national integration
        
        Article 1 of the Constitution describes India as a ‘Union of States’
        to make it clear that the states have no right to secede from theUnion, implying the indestructible nature of the Indian Union
        
        aims at overcoming hindrances to national integration like
        communalism, regionalism, casteism, linguism, secessionism and
      - absence of restraints on the activities
        of individuals, and at the same time, providing opportunities the development of individual personalities
      - Liberty as elaborated in the Preamble is very essential for the
        successful functioning of the Indian democratic system
      - However,
        liberty does not mean ‘license’ to do what one likes, and has to be enjoyed within the limitations mentioned in the Constitution itself
      - liberty conceived by the Preamble or Fundamental
        Rights is not absolute but qualified.
      - The ideals of liberty, equality and fraternity in our Preamble
        have been taken from the French Revolution (1789–1799
      - These rights are guaranteed to the individuals by
        the Constitution by providing the six democratic freedoms (Art. 19) and Right to Freedom of Religion (Arts. 25-28)
- - - - Without equality, liberty would produce the supremacy of the few over the many.
      - o Equality without liberty would kill individual initiative.
      - o Without fraternity, liberty would produce the supremacy of the few over the many.
      - o Without fraternity, liberty and equality could not become a natural course of things.