3 Need Importance and Preamble

Meaning of Constitutionalism
Constitutionalism has a variety of meanings. most generally, it is "a complex of ideas, attitudes, and patterns of
behavior elaborating the principle that the authority of government derives from.
it "contains institutionalized mechanisms of power control for the protection of the interests and liberties of the
citizen, including those that may be in the minority".
Constitutionalism’ means limited government or limitation on government. it is opposite of arbitrary powers.

constitutionalism recognizes the need for government with powers but at the same time insists that limitation
be placed on those powers. the antithesis of constitutionalism is despotism. a government which goes beyond
its limits loses its authority and legitimacy. therefore, to preserve the basic freedoms of the individual, and to
maintain his dignity and personality, the constitution should be permeated with ‘constitutionalism’; it should
have some inbuilt restrictions on the powers conferred by it on governmental organs.
Patrick Henry (1736-1799)
The Constitution is not an instrument for the government to restrain the people, it is
an instrument for the people to restrain the government.” --Patrick Henry
3
NEED OF A CONSTITUTION
1. It generates trust that is necessary for different kinds of people to live together.
2. It specifies how the government will be constituted which means who will have the
power and what decisions will they be responsible for.
3. It lays down limitations on the powers of the government and makes the citizens aware
of their rights.
4. It expresses the aspirations of people for building a good society.
5. It defines the nature of political system of a country.
6. It provides a set of rules that allow the minimal coordination amongst members of
society.
7. It enable the govt. to fullfill the separation of a society and create conditions for just society.
THE SALIENT FEATURES ARE:
• Longest written constitution
• Derived from Government of India Act 1935
• Partly rigid and flexible
• A Federation with unitary bias
• Parliamentary System of Govt.
• Democratic Republic
• An independent Judiciary
• Fundamental Rights
• Directive Principles of State Policy
• Fundamental Duties
• Universal Adult Franchise
• Single Citizenship
• Independent Bodies and Emergency provisions
The preamble can be referred to as the preface which highlights the essence of the entire Constitution. It was
adopted on 26 November 1949 by the Constituent Assembly and came into effect from 26th January, 1950.
The 'preamble' to the Constitution of India is a brief introductory statement that sets out the guiding purpose
and principles of the document.
•The Preamble to our Constitution serves two purposes: -
A) It indicates the source from which the Constitution derives its authority;
B)It also states the objects, which the Constitution seeks to establish and promote.
•The Preamble seeks to establish what Mahatma Gandhi described as The India of my Dreams, "…an India in
which the poorest shall feel that it is their country in whose making they have an effective voice; …an India in
which all communities shall leave I perfect harmony. There can be no room in such an India for the curse of
unsociability or the curse of Intoxicating drinks and drugs. Woman will enjoy as the same rights as man."
MEANING
The 1st words of the preamble – “ We The People “ – signifies that the
power is ultimately vested in the hands of the people of India . So far the
preamble has been amended only once in 1976 by 42nd amendment
(change) which inserted the words Socialism , Secularism and
Integrity. A brief description of these concepts is given in the following
slides.
 Sovereign
The word sovereign means supreme or independence. India is internally
and externally sovereign - externally free from the control of any foreign
power and internally, it has a free government which is directly elected by
the people and makes laws that govern the people.
 Socialist
Even before the term was added by the 42nd Amendment in 1976, the
Constitution had a socialist content in the form of certain Directive
Principles of State Policy The term socialist here means democratic
socialism i.e. achievement of socialistic goals through democratic,
evolutionary and non-violent means.
 Secular-Secular means the relationship between the government and the people
which is determined according to constitution and law. By the 42nd Amendment,
the term "Secular" was also incorporated in the Preamble. Secularism is the basic
structure of the Indian constitution. The Government respects all religions.
 Democratic- The first part of the preamble “We, the people of India” and, its last
part “give to ourselves this Constitution” clearly indicate the democratic spirit
involved even in the Constitution. India is a democracy. The people of India
elect their governments at all levels (Union, State and local) by a system
popularly known as "one man one vote".
 Republic- As opposed to a monarchy, in which the head of state is appointed
on hereditary basis for a lifetime or until he abdicates from the throne, a
democratic republic is an entity in which the head of state is elected, directly
or indirectly, for a fixed tenure. . The leader of the state is elected by the
people.
 Justice- The term 'justice' in the preamble refers to three varying aspects -
Political, Social and Economic which are secured through different provisions
of Fundamental Rights & Directive Principles of State Policy.
 Liberty
The ideal of Liberty refers to the freedom on the activities of Indian nationals. All
the citizens are secured with liberty of thought, expression, belief, faith &
worship through the Fundamental Rights . However, liberty does not mean
freedom to do anything, and it must be exercised within the constitutional limits.
 Equality
This envisages that no section of the society enjoys special privileges and
individuals are provided with adequate opportunities without any
discrimination. Again, there are three dimensions of Equality - Political,
Economic & Civic.
 Fraternity
This refers to a feeling of brotherhood & a sense of belonging with the country
among its people.

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Meaning of Constitutionalism

Constitutionalism’ means limited government or limitation on government. it is opposite of arbitrary powers.

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