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PREAMBLE
by ATRISHEKHAR - Coggle Diagram
PREAMBLE
by ATRISHEKHAR
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THE PREAMBLE
Meaning
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The Preamble embodies the basic philosophy and fundamental values–political, moral and religious–on which the Constitution is based
contains the grand and noble vision of the Constituent Assembly, and reflects the dreams and aspirations of the founding fathers of the Constitution
Components
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Objectives of Constitution – Justice, Liberty Equality & Fraternity
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Source of Preamble
“We, THE PEOPLE OF INDIA, having solemnly resolved to constitute
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Types of Justice
JUSTICE,
Social, Economic and Political;
Types of Liberty
LIBERTY
of thought, expression, belief, faith and worship;
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Date of Adoption
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949
Acceptance
do HEREBY ADOPT, ENACT AND
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NATURE
The Preamble is neither a source of power to legislature nora prohibition upon the powers of legislature.
The reason for inserting the
Preamble at the end was to ensure
that it was in conformity with the Constitution
It is non-justiciable, that is, its provisions are not enforceable
in courts of law
Part of the Constitution
• In Kesavananda Bhatari case (1973),
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The Preamble to the Indian Constitution is based on the
‘Objectives Resolution’, drafted and moved by Pandit Nehru, on 13 dec 1946
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Certain key words–Sovereign, Socialist, Secular, Democratic,
Republic, Justice, Liberty, Equality and Fraternity
Sovereign
India is neither a dependency
nor a dominion of any other nation, but an independent state
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India can either acquire a foreign
territory or cede a part of its territory in favour of a foreign state.
Democratic
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Republic
the head of the state is always elected directly
or indirectly for a fixed period, e.g., USA
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SECULAR
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Socialist
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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
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The aim of the Indian Constitution as a secular
Constitution is the realization of political, social, economic equality and justice for at respective
of caste, creed, race, colour or other artificialbarriers
Justice
social, economic and political, secured through various provisionsof Fundamental Rights and Directive Principles.
It means absence of privileges being extended to any particular section of the society, and improvement in the conditions of backward classes (SCs, STs and OBCs) and women
equal treatment of all citizens without
any social distinction based on caste, colour, race, religion, sex
FORM OF JUSTCICE
Social Justice
Every person has equal personality, his place is important
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The ideal of justice–social, economic and political–has been
taken from the Russian Revolution (1917)
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Liberty
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
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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
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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)
According Dr. B.R. Ambedkar, social justice
means a way of life which recognizes liberty, equality a fraternity which are not to be treated as separate items in a trinity.
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Interpretation
A K Gopalan Case (1950)
SC rejected the argument that Preamble should be the Guiding Star in interpretation of the constitution
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Keshvanand Bharti Case
Preamble is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble