Salient features of indian constitution/Father of Indian Constitution/Preamble to the India Constitution

Salient features of Indian Constitution

The Preamble to the Constitution of India represents the principles of the Constitution and it indicates the sources of its authority. It was taken up on 26 November 1949 by the Constituent Assembly and came into effect on 26 January 1950, celebrated as the Republic Day of India. It was amended during the Indian exigency by Indira Gandhi where the words” socialist” and” non-religious” were added.

Word-

We, The People of INDIA having solemnly resolved to constitute India into a SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC and to secure to all its citizens
Social, economic, and political;
LIBERTY- of thought, expression, belief, faith, and worship;
EQUALITY- of status and of occasion; to promote among them all.
FRATERNITY– assuring the dignity of the individual and the concinnity and integrity of the Nation.
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of Nov 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Historical background-

Father of Indian Constitution-

The preamble is grounded on the objects Resolution, which was moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 accepted on 22 January 1947, and espoused by the Constituent Assembly on 26 November 1949, coming into force on 26 January 1950. B.R. Ambedkar said about the preamble-

Who wrote Indian constitution -BR Ambedkar.
It was, indeed, a way of life, that recognizes liberty, equivalency, and fraternity as the principles of life and which can not be disassociated from each other Liberty can not be disassociated from equivalency; equivalency can not be disassociated from liberty. Nor can liberty and equivalency be disassociated from fraternity. Without equivalency, liberty would produce the supremacy of the many over the numerous. Equality without liberty would kill individual action. Without fraternity, liberty and equivalency couldn’t come a natural course of effects.

While the Constituent Assembly was mooting the Preamble, there was an argument to brand India the’ Union of Indian Socialistic Democracy’ as if India was to imitate the U.S.S.R. However, other members weren’t induced.

There was indeed an argument as to whether to include the names of’ God’ and’ Gandhi’ in the Preamble. The former was outvoted when 68 members suggested against’ God’.H.V. Kamath desperately reflected,’ This, Sir, is a black day in our annals. God save India’. While the ultimate- suggestion to include Gandhi’s name, was disapproved by Brajeshwar Prasad who felt that the’ rotten constitution’- which was grounded on the American Supreme Court cases and Government of India Act and therefore not’ Gandhian’ in nature, shouldn’t carry his name. Prasad said,-

105th amendment of indian constitution–

” I don’t want that the name of Mahatma Gandhi should be incorporated in this Constitution, because it isn’t a Gandhian Constitution. However, I would have been the first to offer my support, If we had a Gandhian Constitution. I don’t want  the name of Mahatma Gandhi should be dragged in the rotten Constitution.”

The preamble runner, along with other runners of the real Constitution of India, was designed and arranged by the famed painter Beohar Rammanohar Sinha of Jabalpur who was at Shantiniketan with Acharya Nandalal Bose at that time. Nandalal Bose championed Sinha’s artwork without any revision whatsoever. As similar, the runner bears Sinha’s shorthand Ram in Devanagari’s lower-right corner. Prem Behari Narain Raizada did the penmanship.This is salient features of indian constitution. 

An integral part of the Indian constitution

The Supreme Court of India first stated in the Berubari case presidential reference( 8) that the preamble isn’t an integral part of the Indian constitution, and thus it isn’t enforceable in a court of law. However, in the 1973 Kesavananda case, the same court overruled before opinions and honored that the preamble may be used to interpret nebulous areas of the constitution where differing interpretations present themselves. In the 1995 case of Union Government vs. LIC of India, the Supreme Court formerly again held that the Preamble is an integral part of the Constitution.

Question of Amendability before emergency

In the Berubari Case( 1960), the amendability & the significance of the Constitution came into force. A question was raised relating to the powers of the Parliament to cede Indian home to a foreign country, as an interpretation of Composition 3. The Supreme Court had held that the power of Parliament to diminish the area of a state as guaranteed in composition of the Constitution doesn’t cover the capitulation of the Indian home to a foreign country. Hence, Indian home can be ceded to a foreign country only by means of correction of the Constitution under Composition 368. Accordingly, the 9th Indigenous Amendment Act, of 1960 was legislated to transfer the Berubari Union to Bangladesh( quondam East Pakistan). Supreme Court also held the view that the Preamble can not be a part of the constitution but latterly in Kesavananda Bharati Case( 1973), the Supreme Court gave a comprehensive verdict. It said that Preamble is part of the Constitution and is subject to the amending power of the parliament as are any other provisions of the Constitution, provided the introductory structure of the Constitution isn’t destroyed.

It has been clarified by the Supreme Court of India that, being a part of the Constitution, the Preamble can be subordinated to indigenous emendations exercised under composition 368, however, the introductory structure can not be altered. thus, it’s considered as the heart and soul of the Constitution.

Amendment during Indian emergency

As firstly legislated the preamble described the state as a” sovereign democratic republic”, to which the terms” temporal” and” Socialist” were latterly passed by the Parliament during The exigency in the 42nd Amendment.

The preamble was amended only formerly on 18 December 1976. During the exigency in India, the Indira Gandhi government pushed through several changes in the Forty-alternate Correction of the Constitution. Through this correction, the words” socialist” and” temporal” were added between the words” Sovereign” and” popular” and the words” concinnity of the Nation” were changed to” concinnity and integrity of the Nation”.

In the time 1994, during the S.R. Bommaiv. Union of India case, the Supreme Court of India held that denomination is a part of the introductory structure doctrine.

Sovereign means the independent authority of a State — that it has the power to ordain on any subject; and that it is not subject to the control of any other State/ external power.

According to the preamble, the constitution of India has been the performance of the solemn resolution of the people of India to constitute India into a’ Autonomous Socialist temporal Popular Republic’, and to secure well-defined objects set forth in the preamble. Sovereignty denotes supreme and ultimate power. It may be real or normal, legal or political mean, individual or pluralistic.

Sovereignty means the independent authority of fiefdoms. It has two aspects-external and internal. External sovereignty or sovereignty in transnational law means the independence of a fiefdom of the will of other countries, in her conduct with another fiefdom in the commission of nations. Sovereign in its relation between countries and among countries signifies independence. The external sovereignty of India means that it can acquire foreign home and also cede any part of the Indian home, subject to limitations( if any) assessed by the constitution. On the other hand, internal sovereignty refers to the relationship between the countries and the individualities within its home.

Socialist

Before the term was added by the 42nd Amendment in 1976, Constitution had socialist content in the form of certain Directive Principles of State Policy. The term socialist used also refers to popular illiberalism, i.e. achievement of socialist pretensions through popular, evolutionary andnon-violent means. principally, it means that( since wealth is generated socially) wealth should be shared equally by society through distributive justice, not concentrated in the hands of numerous, and that the government should regulate the power of land and assiduity to reduce socio-profitable inequalities.

Secular

Secular means that the relationship between the government and religious groups are determined according to constitution and law. It separates the power of the state and religion. By the 42nd Amendment on December 18, 1976, the term” temporal” was also incorporated in the Preamble. There is no difference of religion i.e. Hinduism, Buddhism, Jainism, Sikhism, Christianity and Islam are inversely reputed and also, there is no state religion. All the citizens of India are allowed to profess, exercise and propagate their persuasions. Explaining the meaning of denotation as espoused by India, Alexander Owics has written,” denotation is a part of the introductory structure of the Indian Constitution and it means equal freedom and respect for all persuasions stated.

Democratic

The people of India choose their governments by a system of universal adult ballot, popularly known as” one person one vote”. This representative form of government is suitable for governing the country because of its huge and different population. Every citizen of India 18 times of age or aged and not differently barred by law is entitled to bounce.

” Republic is a generality of political philosophy, an ideal which is rehearsed by multitudinous nations that are culturally advanced and politically mature via resorting to governance by representative of people directly or indirectly.”
The word popular refers not only to political democracy but also to social and profitable democracy. The main reason to incorporate democracy is to give freedom to the people to choose their own representative and to save them from oppressor rulers.

Republic

In a popular form of government, the head of state is tagged and not an inheritable monarch. thus, this word denotes a government where no bone holds public power as a particular right. As opposed to a monarchy, in which the head of state is appointed on  inheritable base for life or until relinquishment, a popular republic is  reality in which the head of state is tagged, directly or indirectly, for a fixed term. thus, India has a president who is indirectly tagged and has a fixed term of office. There’s an absence of a privileged class and all public services are open to every citizen without discrimination.

Justice

Justice stands for rule of law, absence of arbitrariness and a system of equal rights, freedom and chances for all in a society.

i) Social Justice

Social Justice means the absence of socially privileged classes in the society and no distinction against any citizen on grounds of class, creed, color, religion, gender or place of birth. India stands for freezing out all forms of exploitations from the society.

ii) Economic Justice

Economic Justice means no discreteness between man and woman on the base of income, wealth and economic deal. It stands for indifferent distribution of wealth, economic equivalence, the end of monopolistic control over means of product and distribution, decentralization of economic finances, and the securing of satisfactory opportunities to all for earning their living.

iii) Political Justice

Political justice means equal, free and fair openings to the people for participation in the political process. It stands for the entitlement of equal political rights to all the people without demarcation and freedom to share.

Liberty
The idea of Liberty refers to the freedom on the activities of Indian citizens. This establishes that there are no unreasonable restrictions on Indian citizens in term of what they suppose, their manner of expressions and the way they wish to follow up their studies in action. However, liberty doesn’t mean freedom to do anything, and it must be exercised within the constitutional limits.

Equality

The term’ equivalency’ means the absence of special privilege to any section of society, and the provision of acceptable occasion of all the individualities without any discrimination.

Fraternity

It refers to feeling of oneness and a sense of belonging with the country people.

The Preamble declares that fraternity has to assure two effects — the quality of the individual and the concinnity and integrity of the nation. The word’ integrity’ has been added to the Preamble by the 42nd Indigenous Correction( 1976).

Constitution( Amendment) Bill, 2021

During the 2021 downtime session of congress, a private member sought to introduce a bill to amend the preamble.