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    Preamble

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    Debsruti Saha
    The preamble of the Indian constitution: 1) Establishes India as a sovereign, socialist, secular, democratic republic. 2) Aims to secure justice, liberty, equality and fraternity for all citizens. 3) Was adopted on November 26, 1949 by the Constituent Assembly as an introduction to the constitution outlining its guiding principles and objectives.

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    Preamble

    Uploaded by

    Debsruti Saha
    19 views3 pages
    The preamble of the Indian constitution: 1) Establishes India as a sovereign, socialist, secular, democratic republic. 2) Aims to secure justice, liberty, equality and fraternity for all citizens. 3) Was adopted on November 26, 1949 by the Constituent Assembly as an introduction to the constitution outlining its guiding principles and objectives.

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    The preamble of the Indian constitution: 1) Establishes India as a sovereign, socialist, secular, democratic republic. 2) Aims to secure justice, liberty, equality and fraternity for all citizens. 3) Was adopted on November 26, 1949 by the Constituent Assembly as an introduction to the constitution outlining its guiding principles and objectives.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    19 views3 pages

    Preamble

    Uploaded by

    Debsruti Saha
    The preamble of the Indian constitution: 1) Establishes India as a sovereign, socialist, secular, democratic republic. 2) Aims to secure justice, liberty, equality and fraternity for all citizens. 3) Was adopted on November 26, 1949 by the Constituent Assembly as an introduction to the constitution outlining its guiding principles and objectives.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Constitutional Framework

    Preamble
    WE, THE PEOPLE OF INDIA, have solemnly resolved to constitute India into a

    SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC


    and to secure to all 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 CONSTITUENT ASSEMBLY, this 26th day of November, 1949,


    Do HEREBY ADOPT, ENACT AND GIVE
    TO OURSELVES THIS CONSTITUTION.

    Preamble: introduction or preface to the constitution


    Contain: summary/essence of constitution
    American Constitution: first with preamble
    India follows this practice
    Based: ‘Objective Resolution’, drafted and moved by Pt. Nehru – Dec 13, 1946
    Adopted by the Constituent Assembly on Jan 22, 1947
    Amended: 42nd CAA, 1976
    This added three new words – Socialist, Secular and Integrity

    Preamble as part of the Constitution


    1. Berubari Union Case (1960): preamble is not a part of the constitution
    2. Kesavananda Bharti Case (1973): SC rejected  earlier opinion and held that
    Preamble is a part of the constitution
    3. LIC of India Case (1995): SC  Preamble is an integral part of the
    constitution
     Like any other part of the constitution – Preamble was also enacted by
    the constituent Assembly, but, after the rest of the constitution was
    already enacted.
    Constitutional Framework
     Two things should be noted:
     Preamble is neither a source of power to legislature nor a
    prohibition upon the powers of legislature
     It is non-justiciable, that is, its provisions are not enforceable
    in courts of law.

    Amenability of the Preamble


     Can be amended  Under Article 368 of the constitution
     Kesavananda Bharti – it was urged that preamble cannot be amended as it is
    not a part of the constitution
     The petitioner contended that the amending power in article 368 cannot be
    used to destroy or damage the basic elements or the fundamental features of
    the constitution, which are enshrined in the preamble
     Court held – preamble can be amended, subject to the constitution that no
    amendment is done to the ‘basic features’.
     Has been amended only once so far, in 1976, - 42nd CAA: added 3 new
    words: Socialist, Secular and Integrity
     This amendment was held to be valid

    Ingredients of the Preamble


    1. Source of authority of the constitution: constitution derives its authority from
    the people of India
    2. Nature of Indian State: sovereign, socialist, secular, democratic, republic
    3. Objective of the Constitution: justice, liberty, equality, fraternity
    4. Date of Adoption of the Constitution: November 26, 1949
    Constitutional Framework

    Fundamental Duties
    Trick: Constitution gives Freedom to be Sovereign Nation . But we need to
    live as Brothers to protect Culture and Environment . Scientific temper
    necessary among Public to Excel , for this all children should go to school .

    1. Abide by the constitution and respect national flag and national anthem.
    2. Follow ideals of the freedom struggle.
    3. Protect sovereignty and integrity of India.
    4. Defend the country and render national services when called upon.
    5. Spirit of common brotherhood.
    6. Preserve composite culture.
    7. Preserve national environment.
    8. Develop scientific temper.
    9. Safeguard public property.
    10.Strive for excellence.
    11.Duty of all parents to send their children in the age group of 6 – 14 to school

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