PREAMBLE : A PART OF THE CONSTITUTION OF INDIA
WE THE PEOPLE,
HAVING SOLEMNLY RESOLVED TO CONSTITUTE INDIA INTO....
Here we noticed that we have just copied "WE THE PEOPLE" from the Constitution Of USA.
..... SOVEREIGN, *SOCIALIST, *SECULAR, DEMOCRATIC, REPUBLIC......
These are the characters of India. The original Preamble does not include *SOCIALIST and *SECULAR in it. These two characters of India were added later by 42nd Constitutional Amendment Act, 1976during the Indra Gandhi Government.
☀️ SOVEREIGN : India is sovereign i.e. it is not influenced by any of external powers despite of the fact the India is a member of International Convention, International Organization, etc as their instructions are not binding on India. But Indians are not sovereign except ine the case of electoral process ( voting ).
☀️ SOCIALIST :
🔹Marxist Socialism : All the resources are controlled by the STATE and STATE will distribute these resources equatably among the citizens.
🔹 Gandhian Socialism : The STATE will provide equitable opportunity to earn resources to every citizens.
INDIA has a mixture of Gandhian Socialism as well as Marxist Socialism.
☀️ SECULAR : India does not have any STATE religion nor it an anti-religion. India is neither I'm favour of any religion nor against any religion.
☀️ DEMOCRATIC : A Golden definition is given by ABRAHAM LINCOLN i.e. DEMOCRACY is BY the people, FOR the people, OF the people.
India is Democratic because it has FREE, FAIR and REGULAR elections. Any STATE to be called democratic, these three needs to be fulfilled.
☀️ REPUBLIC : INDIA is republic because the head of the STATE is an elected representative.
.... JUSTICE - ECONOMICAL, SOCIAL AND POLITICAL......
Here it shows the aim of the Preamble i.e. " to secure to all its citizens Justice - economical, social, political". The founding fathers got this concept from RUSSIAN REVOLUTION.
.....LIBERTY - THOUGHT, EXPRESSION, BELIEF, FAITH AND WORSHIP......
In original Preamble, the word Secular is not used because its definition is already mentioned i.e. " Liberty of Belief, faith and worship ".
Indra Gandhi Government used the word SECULAR through 42nd CA of 1976, was just a political message. It does not have any Constitutional significance.
.... EQUALITY - STATUS AND OPPORTUNITY.....
In original Preamble, the word Socialist is not written because its definition is already mentioned i.e. " Equality of status and opportunity "
The word Socialist used in 1976 was just a political message and was having no Constitutional significance.
..... FRATERNITY - ASSURING THE DIGNITY OF THE INDIVIDUAL AND THE UNITY AND *INTEGRITY OF THE NATION....
Here the word INTEGRITY is also added by the 42 nd Constitutional Amendment Act Of 1976 by Indra Gandhi Government. And we enjoy ferternity by recognising only single citizenship.
..... IN OUR CONSTITUENT ASSEMBLY, THIS TWENTY-SIXTH DAY OF NOVEMBER, 1949, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
In the judgement of 1960 OF BERU BARI CASE , it had been declared that Preamble is not a part of the constitution.
But this judgement was overruled by KESHAVANANDA BHARTI VS STATE OF KERALA , judgement of 1973 and had been declared as a part of the Constitution.
Important facts :
🔅The source of power of Constitution is "WE THE PEOPLE".
🔅2nd Cabinet Mission of 1946 , gave the sanction to the constituent assembly to write the Constitution and the first sitting of constituent assembly was held on 9th december 1946.
🔅 India adopted the concept of PREAMBLE from the USA.
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