Indian Constitution Prelims

Indian Constitution

• India is a Sovereign Socialist Secular Democratic Republic.
• The Preamble was enacted after the rest of the Constitution to ensure conformity.
• The Preamble is non-justiciable, meaning its provisions are not enforceable in courts of law.
• The Preamble can be amended, as ruled by the Supreme Court in the Kesavananda Bharti case (1973).
• The 42nd Amendment in 1976 added the words "Socialist", "Secular", and "integrity" to the Preamble.

Objectives of the Indian Constitution

• Economic justice is one of the objectives of the Indian Constitution, provided in the Preamble and the Directive Principles of State Policy.
• Liberty of thought, economic liberty, liberty of expression, and liberty of belief are objectives embodied in the Preamble.

Fundamental Rights and Directive Principles

• Fundamental Rights are justiciable, whereas Directive Principles of State Policy are non-justiciable.
• The Directive Principles of State Policy aim to establish a social and economic democracy.
• The ideal of a Welfare State in the Indian Constitution is enshrined in its Directive Principles of State Policy.

Amendments to the Constitution

• The 42nd Amendment in 1976 introduced several changes, including securing opportunities for healthy development of children, promoting equal justice, and providing free legal aid to the poor.
• The 44th Amendment in 1978 aimed to minimize inequalities in income, status, facilities, and opportunities.
• The 86th Amendment in 2002 provided for early childhood care and education for all children until six years of age.
• The 97th Amendment in 2011 promoted cooperative societies.

Comparison with the British System

• India is a republic with a written Constitution, whereas the UK is a constitutional monarchy with no written Constitution.
• The Indian Parliament is not sovereign, whereas the British Parliament is sovereign.
• The Indian system has a federal system, judicial review, and fundamental rights, unlike the British system.
• In India, non-MPs can be ministers for six months, whereas in the UK, only MPs can be ministers.
• The Indian Prime Minister can be from either the Lower House or the Upper House, unlike the UK, where the Prime Minister is from the Lower House (House of Commons).

Federal System

• The Indian Constitution divides power between the center and states, with a federal government.
• The Constitution provides for a dual judiciary, with a federal Supreme Court to interpret the Constitution.
• India has a single citizenship, with three lists in the Constitution (Union, State, and Concurrent).