#184: Preamble | One stop go to resource

Constitution Day Special

Constitution Day here!🫡

Preamble comes with most tricky questions😮

Learn everything about Preamble in this SINGLE post

• Intro

• History

• Keywords

• Objectives

• Court Cases

• Other details for #UPSC

Save this to notes🔖 & you are done for this topic!

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Before you read ahead, note:

I am coming up with a special Constitution Class November 26 2023 onwards

Here, you will learn tips & tricks on how to learn Constitution Articles

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Back to post👇🏼

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1. Introduction

Preamble explains philosophy & objectives of Constitution

As a living document,

it defines the core values & principles ‘for the nation’

Importantly, it gives an idea on:

• Source

• Nature of state

• Objectives of Constitution

• Date of adoption: 26/11/1949

You will remember this with mnemonic: SNOD

Also, Nov 26 is celebrated as Constitution day due to this date!

2. History

• Liberty, Equality, Fraternity (LEF)

Taken from French constitution

• Ideals of Preamble:

Laid down in Objective Resolution proposed by Pt. Nehru

• It is not enforceable in the courts

3. Keywords & Objectives

This is the section from where you see most Q

Note these carefully one by one

• We, the people of India

Rests ultimate sovereignty in hands of people of India

None but people determine independent authority of the state

• Sovereign

India has independent authority

Henceforth, Indian legislature will make its own laws

(Note: Not absolute laws, tho!)

• Socialist

An indicator of faith in mixed economy

It reflects direction as to achieve socialist ends via democratic means

(Note: Added by 42nd Amendment Act in 1976)

• Secular

Equal protection, respect & state support

To whom? All religions!

(Note: Added by 42nd Amendment Act in 1976)

• Democratic

Indian Constitution sets up an authority

This authority is expressed in elections as will of people

What for? A democratic process!

• Republic

Simple words: Head of state to be elected by People

In Indian sense, President is elected ‘indirectly’ by people of India

Further, Constitution has a main objective:

To promote harmony throughout the nation

How’s this ensured? Objectives!

How’re objectives achieved?

Through some factors as stated below

• Justice

A necessary factor to maintain societal order

Both, Fundamental Rights & DPSP enable justice

There are three elements to this:

(You can remember it with SEP)

a) Social Justice

No cast, creed, gender, religion based discrimination

b) Economic Justice

• No discrimination on economic basis

• Equal pay for equal work

c) Political Justice

No discrimination to participate in political opportunities

(Can be seen in right to vote or no educational barrier to fight election)

• Equality

Everyone is equal before law i.e.

No special privileges to any section of society

• Liberty

All people have freedom to:

Choose way of life, have politics views & behavior in society

(Note: Liberty to do anything but within limits of the law)

• Fraternity

Brotherhood feeling among all people

It aims to promote dignity & unity in the nation

Okay CSEWhy, I get all of these BUT

Why are these objectives important?

These are important to provide a way of life!

All of these are interconnected. How?

• Liberty & equality can’t exist without each other

• Liberty & equality can’t be natural without fraternity

• With no equality, liberty will put few supreme over many

• Individual initiative will be killed in equality w/o liberty

(all are linked)

4. Court Cases

Status of preamble has led to many cases

Find these summarized below👇🏼

• Berubari Union Case 1960

A case of Indo-Pak agreement to exchange enclaves reached SC

Referred u/A 143 by President,

8 judges sat down to discuss the matter. Outcome?

Preamble is key to open the mind of the makers’ but it can not be considered as part of the constitution

Therefore, it is not enforceable in a court of law! 😮

• Kesavananda Bharati Case 1973

13 judges sat down to hear a write petition

About preamble, these were observations:

a) Preamble is a part of the constitution

b) Not supreme power or source of any restriction but plays an important role in interpretation of statutes & provisions

Conclusion:

It is part of introductory part of constitution

• Union of Govt. v/s LIC of India 1995

SC: “Preamble is integral part but not enforceable in court of justice in India”

5. Other details

• Preamble can be amended u/A 368 (sans basic structure)

• 42nd Amendment Act 1976

a) Added Socialist, Secular, & Integrity

b) ‘Unity of Nation’ changed to ‘Unity & Integrity of Nation’

• On 26/11/1949, following articles came into force:

a) Citizenship: Articles 5-9

b) Oath of President: Article 60

c) Election Commission: Article 324

..along with: 367, 379 & 394

(rest all on 26/01/1950)

2016 UPSC Mains Question

Discuss each objective attached to the word ‘Republic’ in the ‘Preamble’. Are they defendable in present circumstances?

Write answer to this Question and email to whycse[at]gmail[dot]com for evaluation! :)

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