Indian Constitution Preamble

The Preamble of the Constitution of India

• The Preamble is an introductory statement outlining the fundamental principles, objectives, and values upon which the Indian Constitution is based.
• The preamble serves as the preface to the Constitution, offering an overview of its nature, purpose, and guiding principles
• It was adopted on November 26, 1949, along with the Constitution.
• It has remained unamended since.

Components of the Preamble

• "We, the people of India" emphasizes that the Constitution's authority and sovereignty originate from the collective will and consent of the Indian populace.
• "Sovereign, Socialist, Secular, Democratic Republic" are terms indicating the nation's character istics of India:
  • Sovereignty means independence from external control.
  • Socialism refers to social and economic equality and justice.
  • Secularism means equality of all religions and separation of religion from the state.
  • Democracy refers to the government by the people.
  • Republic refers to elected representatives as head of state.
• "Justice, Liberty, Equality, Fraternity" represent the core values and ideals of the Indian Constitution.
  • Justice includes social, economic, and political aspects by ensuring equal opportunity and treatment for all citizens.
  • Liberty entails freedom of thought, expression, belief, faith, worship, speech, assembly, association, movement, and occupation.
  • Equality is achieved with equality of status and opportunity, ensures no discrimination based on caste, religion, race, gender, or place of birth.
  • Fraternity promotes unity and brotherhood among all citizens, transcending barriers of religion, caste, language, or region.
• The Preamble acts as the core of the Constitution, embedding the core values and goals that shape the governance of the nation.
• The Preamble embodies the hopes and common vision of the founding fathers for an equal, inclusive, and democratic society.
• It acts as a guide for interpreting the Constitution, influencing judicial interpretation and legislative action.
• The core of the Preamble is unchanged since adopted, and it's interpretation has shifted over time with case law and constitutional changes.
• Amendments to the Constitution, such as the 42nd Amendment Act of 1976, added the terms "Socialist," "Secular," and "Integrity" to the Preamble.

Right to Privacy in the Constitution of India

• The right to privacy is recognized as an intrinsic part of the right to life and personal liberty in the Constitution of India.
• Article 21 enshrines the right to life and personal liberty as a fundamental right.
• The Supreme Court of India has interpreted Article 21 to include the right to privacy as an essential aspect of personal liberty.
• Part III of the Constitution enumerates the fundamental rights, including the right to privacy under Article 21.
• Freedoms guaranteed in Part III, such as freedom of speech and expression, freedom of movement, and freedom of association, collectively uphold dignity and autonomy.
• Landmark judgements by the Supreme Court have affirmed the right to privacy as a fundamental right derived from Article 21.
  • Justice K. S. Puttaswamy (Retd.) v. Union of India (2017) explicitly recognized the right to privacy.
• Legal Interpretations by the Supreme Court have expanded the scope of the right to privacy to encompass various aspects of personal life.
  • These aspects include personal communication, reproductive choices, sexual orientation, and information privacy.
• Articles 14, 17, and 24 are essential provisions of the Constitution, but do not directly address the right to privacy.
• The 42nd and 44th Amendments to the Constitution introduced significant changes, but primarily focused on other aspects of constitutional governance.

Implications of Equality in Society

• Equality in society entails the absence of special privileges on wealth, social status, or political power.
• In an egalitarian society, regardless of origin or circumstances, every individual is treated fairly and equally under the law.
• The absence of privileges ensures that everyone has equal opportunities to succeed based on their merit and abilities.
• Equality as a fundamental right is enshrined in the Constitution of India under Article 14.
• Article 14 Guarantees equality before the law and equal protection for all.
• Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.
• Article 16 ensures equality of opportunity in matters of public employment, prohibiting discrimination in recruitment and promotion.
• The pursuit of equality closely relates to the principles of social justice and inclusivity.
• This aims to address systemic inequalities and promote the welfare of marginalized and disadvantaged groups.
• Affirmative action, reservations, and welfare schemes are all initiatives designed to uplift and empower historically marginalized communities.
• They promote greater social equality and inclusion.
• Equality extends beyond legal and political realms to encompass economic equality, ensuring equitable distribution of resources, wealth, and opportunities.
• Efforts to reduce income inequality, alleviate poverty, and provide access to education, healthcare, and basic services contribute to fostering a more equitable society.
• Achieving equality requires addressing deep-rooted inequalities, prejudices, and systemic barriers.

Fundamental Rights

• Fundamental Rights exist in Part III (Articles 12 to 35) of the Constitution of India
• The holistic development and well-being of individuals is achieved by dignity, equality and justice.
• Any law or action inconsistent with fundamental rights is challengeable via the courts, as these rights are protected by the Constitution.
• Basic freedom are offered to all citizens individually and collectively via the Constitution in the form of six broad categories of Fundamental rights, that are justiciable.
• There is:
  • Right to equality, including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment contained in article 12-35 of the Constitution
  • Right to freedom of speech and expression, assembly, association or union, movement, residence, and right to practice any profession or occupation contained in Part III of the Constitution. Some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality
  • Right against exploitation, prohibiting all forms of forced labour
  • Right to freedom of conscience and free profession, practice, and propagation of religion
  • Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice
  • Right to constitutional remedies for enforcement of Fundamental Rights

Fundamental Duties

• Fundamental Duties were added to the Constitution through the 42nd Amendment Act of 1976.
• The Constitution of the erstwhile USSR inspired this act.
• Duties are outlined in Part IV-A (Article 51A) of the Constitution and prescribe moral, ethical, and obligation.
• Considered essential for promoting a responsibility, discipline, and commitment
• Duties include respecting the Constitution, promoting harmony, protecting the environment, safeguarding public property, and striving for excellence in all spheres of individual and collective activity.
• While initially non-justiciable, some Fundamental Duties have been made enforceable through subsequent amendments and judicial interpretations.
• The relationship between rights and duties is significant in shaping responsibilities of citizens
• It enshrines both fundamental rights and fundamental duties and allows both to maintain a balance between individual freedoms and societal responsibilities.
• Rights and duties are interrelated and mutually reinforcing.
• Often entails corresponding duties towards others and the society at large.
• Rights and duties are integral components of citizenship in a democratic society.
• Citizens enjoy certain rights but also bear duties towards the state, society, and fellow citizens.
• Duties require citizens to respect the rights of others, obey laws, pay taxes, and contribute to the welfare of the community.
• Rights play a crucial role in the advancement of the personality and well-being of citizens.
• Duties are important for maintaining social order, harmony, and the stability of the state.

The right to vote and to be elected

• The right to vote and to be elected is a fundamental aspect of democratic governance
• The right is enshrined in the Constitution and is fundamental to the functioning of the democratic system
• Universal adult suffrage was adopted by India from inception of its democratic journey.
• Any adult citizen can vote and contest elections, irrespective of caste, creed, religion, gender, or socioeconomic status.
• Elections should be free and fair and upheld via the Election Commission of India, who are responsible for ensuring the conduct of elections in a transparent, impartial, and democratic manner.
• The right to vote enables citizens to elect their representatives at various levels of government, including the Lok Sabha, state legislative assemblies, and local bodies
• Every eligible citizen has an equal opportunity to contest elections and hold public office.
• Voting and being elected promotes involvement in the democratic process, and shapes public policy.
• Upholding the right to vote and to be elected reflects the core democratic values of equality, liberty, and fraternity.
• The Constitution provides safeguards to ensure the exercise of the right to vote and to be elected, including provisions for delimitation of constituencies, reservation of seats.

Directive Principles of State Policy (DPSP)

• Directive Principles of State Policy (DPSP) and are found in Part IV (Articles 36 to 51) of the Indian Constitution.
• They aren't legally enforceable by courts, but provide guidelines for governance and policy formulation.
• It covers social justice, economic welfare, international relations, governance, and environmental protection.
• Serves to establish a just society by promoting the welfare of the people
• International peace as defined in Article 51 DPSP is one of the principles for the state and emphasizes relations, and treaty obligations with nations, encouraging settlement of international disputes by arbitration.

Indian Federalism

• Indian federalism's reflect the distributions of power between central government and the states.
• Indian federalism establishes a dual polity with the central government at the national level and the state governments at the regional level.
• Each level possesses its own sphere of authority and autonomy, as defined by the Constitution.
• The Indian federal system is governed by a written Constitution that clearly delineates the powers and responsibilities of the central and state governments.
• The supreme law of the land is the Constitution, and provides a framework for the functioning of federal institutions.
• Powers are divided between the central government and state governments via Union List, State List, and Concurrent List.
• The Union List includes matters of national importance, the State List includes matters of regional concern, and the Concurrent List comprises subjects on which both levels of government can legislate.
• The Constitution is the supreme law of the land, and both the central and state governments are bound by its provisions.
• Can be declared invalid by the judiciary if any law breaks it.
• Supported by judiciary that acts as the guardian of the Constitution and interprets its provisions.
• The judiciary resolves disputes between the central and state governments, ensures the enforcement of constitutional principles.
• Single citizenship unlike dual (federal and state)
• Has separate judicial systems at the central and state levels, and has a unified judicial system with the Supreme Court at the apex.
• The Supreme Court has jurisdiction over disputes, ensuring uniformity in law.
• Is a system in which the executive branch derives its legitimacy from, and is accountable to, the legislature.

Parliamentary Government

• The Prime Minister and Cabinet (executive) is drawn from the majority party or coalition in the legislature.
• Parliamentary systems feature a fusion of powers between the executive and legislature
• Under collective responsibility, the entire cabinet is accountable for the actions and decisions of individual ministers.
• The parliament or legislative assembly holds significant power in a parliamentary system.
• It can be bicameral (two-chamber) or unicameral (single-chamber) legislature.
• Parliament performs various functions, including lawmaking, oversight of the executive, representation of constituents, deliberation on policy issues.
• Lawmaking occurs at all Readings, Debates and Scrutiny via the executive that presents its policies and budgets, and provides questions, motions and votes.
• The cabinet is headed by the Prime Minister, is the principal executive body for policy formulation and implementation.

Joint Sitting of Parliament

• Parliament operates as a bicameral legislature, consisting of the President and two houses: the Rajya Sabha and the Lok Sabha.
• Provision adapted from the Government of India Act 1935 and analogous provisions in the US, Canada, Britain, and Ireland.
• When a bill passes one house but faces rejection, disagreement on amendments, or more than six months elapse, the President may call a joint sitting via Article 108.
• Only relevant amendments are admissible, and the bill requires a simple majority for passage.
• These resolve conflicts on bill passage, ensuring legislation proceeds smoothly and the mechanism consensus-building.
• Joint sessions are presided over by the Lok Sabha Speaker, Deputy Speaker, or the Rajya Sabha Deputy Chairman, and quorum requires one-tenth of the total members from both houses.
• Since 1950, joint sessions have convened thrice (Dowry Prohibition Bill, Banking Service Commission (Repeal) Bill, and Prevention of Terrorism Bill)
• Some bills that are exempt from joint sittings including Constitution Amendment Bills and Money Bills.

Lok Sabha Elections

• Members of Parliament (MPs) are elected or appointed from states, union territories, or based on expertise.
• General elections to the Lok Sabha are held every five years
• MPs are directly elected from territorial constituencies within the states
• Citizen eligibility begins at age 18, and was lowered from 21 by the 61st Constitutional Amendment Act, 1988.
• Parliament determines the method of selecting members from union territories.
• The Union Territories Act mandates the direct election of Lok Sabha members from union territories.
• MPs must be at least 25 years of age and a citizen of India, and MPs should not have any criminal records.
• Qualifications to participate in the Lok Sabha election:
  • Should not have been sentenced to imprisonment
  • Should not be declared as an insolvent by banks or courts of the country

Doctrine of Necessity Principle

• A legal and constitutional concept that refers to the principle of resorting to extraordinary measures.
• Takes actions that may not be explicitly provided for or authorized by the constitution.
• Allows for the exercise of discretion or authority by administrative bodies or institutions to address urgent or critical situations that threaten the normal functioning of the state.
• Invoked to justify actions taken by administrative authorities to restore stability in of political, social, or economic crisis.

Democracy

• Democracy's superior virtue lies in its ability to activate the intelligence and character of ordinary men and women.
• Democracy encourages the active participation of ordinary citizens in the political process through elections, referendums, and public debates.
• Through public discussion a informed decision making is made by citizens
• Accountability leads to leaders accountable to the people entrusted to serve the interests of the constituents via elected reps.
• Recognises diverse perspectives and plurality and that every individual’s voice deserves to be heard.
• Democracy adapts through change and responsive institutions to address changes.
• Power is from consent of the governed

5th and 6th Schedules in the Indian Constitution

• The 5th and 6th Schedules provide special provisions for the administration and governance of certain areas in India.
• The 5th Schedule deals with the administration and control of Scheduled Areas, inhabited by tribal communities.
  • These Areas are located in Andhra Pradesh, Telangana, Odisha, Madhya Pradesh, Chhattisgarh, Jharkhand, Gujarat, Maharashtra, Rajasthan.
• The Governor of the state has special powers and responsibilities concerning these areas.
• The 5th Schedule mandates the appointment of Tribal Advisory Councils to advise the Governor.
• The 6th Schedule applies to the tribal areas of Assam, Meghalaya, Tripura, and Mizoram, known as the Autonomous Districts.
• These Autonomous Districts have their own district councils with legislative and executive powers.
• The Governor of the state has special powers to intervene in the administration in case of breakdown of law.
• The Governor of the state has special powers to and responsibilities concerning the peaceful running of Scheduled Areas.
• Differences include areas of coverage:
  • 5th Schedule has multiple states
  • 6th schedule applies to the tribal areas of Assam, Meghalaya, Tripura, and Mizoram.
• Administrative include the powers to govern: -The Governor under the 5th -Autonomies district councils under the 6th
• Aim to protect socio-economic development and rights of tribal communities.
• Provide a mechanism for tribal self-governance and empowerment, allowing communities to preserve their cultural identity