The Preamble of the Indian Constitution

POL801 Indian Political SystemKuriakose Mathew

OOriginal

Amended

Preamble

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:JUSTICE, social, economic and political;LIBERTY, of thought, expression, belief, faith and worship;EQUALITYof status and of opportunity; and to promote among them allFRATERNITYassuring the dignity of the individual and the unity and integrity of the Nation;IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

42nd Amendment

On 18 December 1976, during theEmergencyin India, theIndira Gandhigovernment pushed through several changes in theForty-second Amendmentof the constitution. the words "socialist" and "secular" were added between the words "sovereign" and "democratic" and the phrase "unity of the Nation" was changed to "unity and integrity of the Nation".Growing relations with the USSR

The Question of Constitutional AuthorityPeople are sovereignThe abolition of hereditary power and titlesConstitutional assembly represented the will of the peopleThey were genuine representatives of the Indian peopleInvented the category of Indian people and Indian nation

Character of the State

SovereignSocialist : 42nd amendmentSecular : 42nd amendmentDemocraticRepublic

Objectives

JusticeLibertyEqualityFraternity- why not sorority?Dignity of individualUnity and integrity of nation.

The Purpose of the PreambleInterpretive guide Binding threadDefines the basic structurePortrays the philosophy of the constitutionCharts the long-term goals of the Indian stateLinks with the directive principles

Adoption

Adoption: 26th nov,1949.Enforced : 26th Jan, 1950.

Criticism

There was independent election based on universal adult franchise/suffrage Preamble is external to the constitution. Eg. Beruberi case.It is constitutes the basic structure of the constitution but can change in the futurePreamble is not enforceable.Not clear and specific

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