IC Unit2 PDF: The Preamble of the Indian Constitution

UNIT – 2 The Preamble of the Indian Constitution The Preamble is an introductory statement that sets forth the objectives, philosophy, and vision of the Constitution. It serves as a guiding light for the entire Constitution and reflects the aspirations and values that the framers of the Constituti...

UNIT – 2 The Preamble of the Indian Constitution The Preamble is an introductory statement that sets forth the objectives, philosophy, and vision of the Constitution. It serves as a guiding light for the entire Constitution and reflects the aspirations and values that the framers of the Constitution sought to achieve for the nation. It encapsulates the fundamental principles upon which the Constitution is based. It reflects the vision of the framers of the Constitution and sets the tone for the governance of India. The Preamble is not just a ceremonial introduction, but a guiding framework for the interpretation of the Constitution's provisions. Restoration of the Original Wording (44th Amendment, 1978) Although the 42nd Amendment added the words "Socialist," "Secular," and "Integrity," these changes were later challenged on grounds of their constitutional validity. The 44th Amendment (1978) made an important correction by restoring the original wording of the Preamble with respect to the phrase "Sovereign Democratic Republic", but it left the additions of "Socialist," "Secular," and "Integrity" intact. Thus, the current Preamble (as amended by the 42nd Amendment) retains the words "Socialist," "Secular," and "Integrity". Implications of These Additions 1. Socialist: This reflects India's commitment to a mixed economy where both the public and private sectors play important roles. It also indicates a vision of economic justice and a focus on welfare policies to reduce economic inequality. 2. Secular: This ensures that India is a country where people of all religions are treated equally, and there is no state-sponsored religion. It strengthens the freedom of religion guaranteed by the Constitution. 3. Integrity: This underlines the importance of maintaining not just political unity, but also territorial integrity, a response to challenges such as regionalism, separatism, and insurgency. It emphasizes national cohesion and solidarity. Text of the 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; Equality of status and of opportunity; Fraternity assuring the dignity of the individual and the unity and integrity of the Nation; In our Constituent Assembly this 26th day of November, 1949, do hereby adopt, enact and give to ourselves this Constitution." In brief, the Preamble to the Indian Constitution is a succinct expression of the fundamental principles and goals that the Constitution seeks to realize for the people of India. It encapsulates the vision of a sovereign, democratic, secular republic committed to justice, liberty, equality, and fraternity. It sets the stage for the nation's development by enshrining the values of social justice, individual freedoms, and national unity. 1. "We, the people of India":  This phrase emphasizes that the Constitution derives its authority from the people of India and not from any external monarch or colonial power. The Constitution is democratic, meaning that it is created by the people, for the people, and through the people.  It highlights the sovereign power of the citizens—the idea that ultimate power rests with the people of India, and the government is formed through their consent. 2. "having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic": This line describes the type of state India aims to be, based on the values enshrined in the Constitution. Each of these terms carries specific meanings and principles.  Sovereign: o Sovereignty means that India is independent and free from external control. India has the right to decide its own future, make laws, and govern without interference from any foreign power. o India has complete control over its internal affairs and the ability to make decisions related to foreign policy, defense, and national security.  Socialist: o The term "socialist" was added by the 42nd Amendment in 1976 to reflect the vision of achieving social and economic equality. It underscores the commitment to reducing the gap between the rich and the poor. o The state aims to eliminate class disparities, address poverty, and provide equal opportunities for all, with a special focus on welfare programs for disadvantaged groups. o The form of socialism in India is not strictly Marxist; rather, it is based on the idea of welfare capitalism and mixed economy, where both private and public sectors play vital roles in economic development.  Secular: o India is a secular state, meaning the state does not favor any religion and guarantees freedom of religion to all citizens. o The government is required to treat all religions equally, without giving preference to any particular belief. It also ensures that religious practices do not interfere with public policies. o This principle reflects India's commitment to maintaining a pluralistic society where all religions, languages, and cultures are respected.  Democratic: o India is a democracy, meaning the people hold the ultimate power. This is realized through regular elections, where citizens have the right to vote and elect their representatives. o Democracy in India is characterized by universal adult suffrage, where every adult citizen has the right to vote, regardless of caste, creed, religion, or gender. o It also means that the people participate in governance directly or through their elected representatives. The rule of law prevails, and decisions are made based on democratic principles.   Republic: o India is a republic, meaning that the head of state is elected and not a hereditary monarch. o The President of India is the elected representative of the people and serves a fixed term. This contrasts with a monarchy, where a king or queen assumes the position by birthright. o A republic also implies that sovereignty resides with the people, and public officials are answerable to them, particularly through Parliament. 3. "and to secure to all its citizens":  This part reflects the aims and objectives the Constitution seeks to achieve for all citizens, namely Justice, Liberty, Equality, and Fraternity.  These goals are meant to ensure that the rights and freedoms of the people are protected, and that every citizen enjoys equal opportunities in a fair and just society. 4. Justice, social, economic, and political:  The Constitution seeks to provide justice to all citizens, ensuring that all individuals are treated fairly and equally. Justice is categorized into three broad areas: o Social Justice:  The idea of social justice is to ensure that discrimination based on caste, religion, gender, or background is eliminated.  The state aims to ensure equal dignity, respect, and opportunities for marginalized and vulnerable groups in society (such as Scheduled Castes, Scheduled Tribes, and women). o Economic Justice:  The Constitution guarantees that wealth and resources will be distributed in such a way that the rich-poor divide is reduced. The aim is to address economic inequality through policies such as land reforms, welfare schemes, and affirmative action for disadvantaged groups.  Economic justice aims to provide employment opportunities, a minimum standard of living, and access to basic services such as education, healthcare, and housing. o Political Justice:  Political justice ensures that every citizen has the right to participate in the political process. This includes the right to vote, contest elections, and form political associations.  It ensures that all individuals, regardless of their background, have an equal say in the governance of the country through democratic processes. 5. Liberty of thought, expression, belief, faith, and worship:  The Constitution guarantees freedom to every individual in areas such as thought, expression, belief, and religion. This section enshrines the individual's right to liberty. o Freedom of thought means people have the right to think and form opinions without fear of persecution. o Freedom of expression allows citizens to speak their minds, express opinions, and debate openly.  o Freedom of belief and faith means that individuals can follow any religion of their choice without state interference. o Freedom of worship guarantees the right to practice one's religion in public or private, as long as it does not harm others or disrupt public order.  These liberties are not absolute, and the Constitution allows for reasonable restrictions on the grounds of security, public order, and morality. 6. Equality of status and opportunity:  Equality of status means that every citizen, regardless of caste, religion, or social status, is entitled to equal respect and dignity in society.  Equality of opportunity guarantees that every citizen has equal access to opportunities for growth and success, particularly in education, employment, and public services.  This principle is foundational to India's commitment to eliminating untouchability, caste-based discrimination, and ensuring that affirmative action policies (like reservations) are used to uplift backward and marginalized groups. 7. Fraternity assuring the dignity of the individual and the unity and integrity of the Nation:  Fraternity refers to a sense of brotherhood and unity among all citizens, regardless of their background. It aims to promote a sense of mutual respect, cooperation, and solidarity.  Dignity of the individual ensures that each person is treated with respect and honor, and their fundamental rights are protected from abuse.  Unity and Integrity of the Nation speaks to the goal of national cohesion, peace, and stability. Despite the country's diversity, the Constitution aims to create a sense of common identity and belonging.  This aspect seeks to strengthen the bonds between citizens and ensure that the country remains united and indivisible, especially in the face of challenges such as regionalism, communalism, or separatism. Significance of the Preamble The Preamble holds immense significance in the Indian legal and political system: 1. Guiding Principles: o The Preamble serves as a philosophical guide to the Constitution, outlining the core values and objectives the document aims to achieve. It reflects the vision of the framers for an inclusive, just, and fair society. 2. Interpretation of the Constitution: o Courts use the Preamble to interpret the provisions of the Constitution. It provides insight into the spirit of the document and helps resolve ambiguities in the interpretation of specific Articles. 3. Moral Compass: o It represents the ethical foundation of India's democratic governance, reminding the state and the citizens of their duties towards justice, liberty, equality, and fraternity. 4. Legal Status: o While the Preamble is not justiciable (i.e., it cannot be directly enforced by courts), it is important in shaping the constitutional framework and understanding the intent behind the document.  Chapter 2 Citizenship under the Indian Constitution The concept of citizenship under the Indian Constitution is primarily governed by Part II (Articles 5 to 11). Citizenship defines the legal relationship between an individual and the state, and it confers certain rights and duties on citizens. In India, the Constitution does not directly grant citizenship but rather provides the conditions and the framework for acquiring it. The provisions on citizenship in the Indian Constitution were based on the provisions in force at the time of India's independence in 1947. The law governing Indian citizenship has evolved through amendments and laws such as the Citizenship Act of 1955. Key Provisions: Citizenship in India is a vital legal status that governs the relationship between individuals and the state. While the Constitution lays down the broad framework, the Citizenship Act of 1955 provides detailed procedures for acquisition and loss of citizenship. Over the years, amendments have shaped the understanding of citizenship in India, influencing the rights and duties of citizens and the integration of diverse groups into the Indian state. The issue of citizenship remains politically and socially significant, especially with regard to migration, identity, and national security. Article 5: Citizenship at the commencement of the Constitution At the commencement of the Constitution, every person who was born in India or had Indian parents, and who had been residing in India for a specified time, was considered an Indian citizen. The exact details of citizenship at this time were primarily defined by laws that were in place at the time of partition (when India gained independence). Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan This article deals with persons who migrated from Pakistan to India. It grants citizenship to those who were born in India but had migrated to Pakistan, and who later returned to India. Such individuals had to fulfil certain residence conditions as prescribed by the law. Article 7: Rights of citizenship of certain persons who have migrated to Pakistan This provision applies to people who migrated from India to Pakistan after independence and later wanted to return to India. They were not automatically entitled to Indian citizenship unless they satisfied certain conditions. Article 8: Rights of citizenship of certain persons of Indian origin residing outside India Indian citizens of Indian origin who migrated outside India could still retain their citizenship if they were registered as citizens at Indian consulates. They would not lose their citizenship solely due to residing outside India. Article 9: Persons voluntarily acquiring citizenship of a foreign State not to be citizens This provision makes it clear that if an Indian citizen voluntarily acquires the citizenship of a foreign country, they cease to be an Indian citizen. This provision bars dual citizenship. Article 10: Continuance of rights of citizenship Article 10 ensures that every person who is a citizen of India continues to enjoy their rights as a citizen, unless they lose their citizenship in a manner prescribed by law. Article 11: Parliament to regulate the right of citizenship by law This article grants the Indian Parliament the power to make laws regarding the acquisition, termination, and regulation of citizenship. The Parliament has enacted the Citizenship Act, 1955 to regulate these matters. Acquisition of Indian Citizenship: There are several ways an individual can acquire Indian citizenship. The Citizenship Act, 1955 elaborates on these methods, which include: i. By Birth (Section 3 of the Citizenship Act) A person is considered a citizen of India if:  They are born in India on or after January 26, 1950, and before July 1, 1987, regardless of the nationality of their parents.  They are born in India on or after July 1, 1987, but before December 3, 2004, if either of their parents was an Indian citizen at the time of their birth.  They are born in India on or after December 3, 2004, if both of their parents are citizens of India or if one parent is a citizen and the other is not an illegal migrant. ii. By Descent (Section 4) A person born outside India is considered an Indian citizen if:  At least one of the parents was an Indian citizen at the time of their birth.  However, there are conditions related to the registration of the birth at the Indian consulate. iii. By Registration (Section 5) A foreigner may apply for Indian citizenship through registration. This applies to:  A person of Indian origin who has been a resident of India for at least 7 years.  A person who is married to an Indian citizen and has lived in India for at least 7 years.  Minor children of Indian citizens, and others as prescribed by the government. iv. By Naturalization (Section 6) A foreigner can acquire Indian citizenship by naturalization if they meet the criteria set out in the law. This involves:  A person who has resided in India for at least 12 years, out of which at least 11 years must be consecutive.  They must also meet other moral, cultural, and legal conditions specified by the government. v. By Incorporation of Territory If any new territory becomes a part of India, the people in that territory may automatically become citizens of India unless the government decides otherwise. This happened, for example, when Goa was incorporated into India in 1961. Loss of Indian Citizenship: Indian citizenship can be lost in several ways, as per the provisions of the Citizenship Act, 1955: i. Renunciation of Citizenship (Section 8) If an Indian citizen voluntarily acquires the citizenship of another country, they automatically lose Indian citizenship. This can be done through formal renunciation. ii. Termination of Citizenship (Section 9) An Indian citizen may lose their citizenship if:  They voluntarily acquire the citizenship of another country.  They commit acts of treason or show allegiance to a foreign state in a way that affects national security. iii. Deprivation of Citizenship (Section 10) The government has the authority to strip a person of their citizenship in certain cases:  If the person has obtained citizenship by fraudulent means.  If the person has been involved in activities against the integrity or sovereignty of India.  If they have been convicted of an offense related to national security. Dual Citizenship and the Indian Constitution: India does not allow dual citizenship. According to the Constitution and the Citizenship Act, if an Indian citizen acquires the citizenship of another country, they automatically lose their Indian citizenship. Therefore, India operates on the principle of single nationality. This restriction on dual citizenship aims to ensure that citizens have clear and exclusive allegiance to the country. Recent Amendments and Developments: The Citizenship Amendment Act, 2019 (CAA) has been a significant change in the citizenship laws of India. The Act provides a pathway to Indian citizenship for non-Muslim refugees from Afghanistan, Bangladesh, and Pakistan, including Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians, who entered India on or before December 31, 2014. However, the Act has been controversial and has sparked debates around religious discrimination and the treatment of Muslims. Additionally, India's position on illegal immigrants has been the subject of political and legal debates, with discussions around National Register of Citizens (NRC) in Assam and other related policies. Rights of Citizens: Indian citizens enjoy a range of rights under the Constitution. Some of the major rights include:  Right to Equality (Articles 14-18)  Right to Freedom (Articles 19-22)  Right against Exploitation (Articles 23-24)  Right to Freedom of Religion (Articles 25-28)   Cultural and Educational Rights (Articles 29-30)  Right to Constitutional Remedies (Article 32) These rights are available only to Indian citizens, with certain exceptions where even non- citizens may be afforded some rights.  Chapter 3 Unique/Salient Features of the Indian Constitution The Indian Constitution is the longest written constitution in the world, containing detailed provisions governing the structure, functioning, and regulation of the government, as well as the rights of citizens. Drafted by the Constituent Assembly from 1946 to 1949 and adopted on January 26, 1950, it reflects India’s diverse and pluralistic society. The Constitution is a unique document that combines a variety of influences, including elements from British, American, Canadian, and Irish constitutional systems. The Indian Constitution is distinct in many respects, drawing from a variety of influences while reflecting the unique characteristics of India's society, politics, and governance needs. The salient features of the Indian Constitution are those that make it distinct and special. Here is a detailed explanation of the key features: 1. Written Constitution:  India has a written constitution that is detailed and comprehensive. It lays down a clear framework of governance, covering everything from fundamental rights to the organization of the state and the judiciary. It also contains detailed provisions for the relationship between the central and state governments. 2. Longest Constitution:  The Indian Constitution is one of the longest in the world, with over 448 articles, 25 parts, and 12 schedules. It also has been amended more than 100 times since its adoption. The Constitution is a living document that evolves with time. 3. Federal System with Unitary Bias:  The Constitution establishes a federal system, but it has a unitary bias. While there is a division of powers between the Union and State governments, in times of national crisis (such as a war or internal unrest), the Constitution allows the central government to take over the powers of the states.  The Union List, State List, and Concurrent List provide the division of legislative powers between the Union and the States. The Indian Constitution establishes a federal system of governance, where power is divided between the Central Government (Union) and State Governments. This division is outlined in List I, List II, and List III in the Seventh Schedule (Union List, State List, and Concurrent List). Despite this federal structure, India has a unitary bias in practice:  The Union Government holds greater powers, especially in times of national emergency.  The Central Government has the authority to dissolve the state legislature and impose President’s Rule (under Article 356) if the state government is unable to function as per the provisions of the Constitution.  In case of a conflict between laws made by Parliament and State Legislatures, the law made by Parliament prevails. 4. Parliamentary System of Government: India follows a parliamentary system of government, similar to the United Kingdom. In this system, the executive (the Prime Minister and Council of  Ministers) is accountable to the legislature (Parliament) and can be removed by a vote of no confidence in the Lok Sabha (lower house). However, India follows a parliamentary system of government, which is modelled on the British system. It is a dual executive system, comprising: a) The President of India (the nominal executive): The President of India is the ceremonial head of state, while the Prime Minister is the actual head of government. b) The Council of Ministers headed by the Prime Minister (the real executive): The Prime Minister and the Council of Ministers are responsible to the Lok Sabha (Lower House) of Parliament. They must maintain the confidence of the majority of members of the Lok Sabha to stay in power. Bicameral Legislature: The Indian Parliament consists of two Houses: a) Lok Sabha (House of the People): Directly elected by the people of India, representing the general public. b) Rajya Sabha (Council of States): Members are indirectly elected by the members of the State Legislative Assemblies, representing the states and union territories. 5. Independent Judiciary:  The Indian judiciary is independent from the executive and legislature. It has the power of judicial review, meaning that the courts can strike down laws and executive actions that violate the Constitution.  Judicial Review: The judiciary has the power to review laws passed by the Parliament and state legislatures to ensure they are in conformity with the Constitution. This principle is derived from the power of judicial review established by Marbury v. Madison in the U.S. judicial system.  The Supreme Court is the apex court of India and is responsible for upholding the Constitution and interpreting the laws. It can also settle disputes between the Union and the States. The Indian Judiciary is independent and plays a vital role in maintaining the supremacy of the Constitution and safeguarding citizens’ rights.  The High Courts serve as the highest courts in the states and union territories, and they oversee the administration of justice at the regional level. 6. Fundamental Rights and Duties: The Fundamental Rights (Part III) guarantee basic human rights to all citizens. These include the right to equality, freedom of speech, protection from exploitation, and the right to practice religion. These rights are enforceable in courts. The Fundamental Rights (Articles 12 to 35) are a set of rights that are guaranteed to all citizens to protect them from the arbitrary action of the government. These rights are justiciable, meaning they are enforceable by the courts. These rights include:  Right to Equality (Articles 14–18)  Right to Freedom (Articles 19–22)  Right against Exploitation (Articles 23–24)   Right to Freedom of Religion (Articles 25–28)  Cultural and Educational Rights (Articles 29–30)  Right to Constitutional Remedies (Article 32), which allows individuals to move the Supreme Court for the enforcement of their fundamental rights. These Fundamental Rights are subject to reasonable restrictions in certain cases (such as national security or public order), and some rights are available only to citizens, not to non-citizens.  The Fundamental Duties (Part IVA), added by the 42nd Amendment (1976), outline the responsibilities of citizens toward the nation, such as respecting the Constitution, cherishing the nation's heritage, and protecting the environment. 7. Directive Principles of State Policy:  The Directive Principles of State Policy (DPSP) (Articles 36 to 51) under Part IV of Indian Constitution are guidelines or principles that suggest how the government should work toward achieving social and economic welfare.  They are not justiciable, meaning they cannot be enforced by the courts. However, they are meant to guide the government in making laws and policies aimed at achieving social justice, economic equality, and welfare for all citizens. Though non- justiciable (not legally enforceable), they provide the framework for creating policies and legislation aimed at reducing inequalities and improving the quality of life for citizens.  The DPSP reflect the vision of the framers of the Constitution in creating a fair, just, and equitable society. 8. Single Citizenship:  India follows a system of single citizenship. Unlike some federal countries (like the U.S.), there is no separate citizenship for states. All citizens are Indian citizens, regardless of which state they belong to. 9. Secular State:  India is a secular state, meaning that the government does not favor any religion. The Indian Constitution guarantees freedom of religion to all citizens under Article 25 to 28.  It ensures that the state will not interfere in religious practices and beliefs but may regulate religious practices if they conflict with public order, morality, and health.  The Constitution prohibits discrimination on the grounds of religion (Article 15) and provides for equal treatment of all religions by the state. 10. Flexible Constitution:  Though the Indian Constitution is a rigid document in many respects, it is also flexible in that it allows for amendments. These amendments can be made to address changing needs and circumstances without the need for a complete overhaul. 11. Sovereign State  Sovereignty refers to the supreme authority of a state to govern itself without interference from outside sources. The Indian Constitution declares India to be a sovereign, democratic, and republican state, meaning it has the full right to make laws within its territory without any external interference. 12. Republic  India is a republic, which means that the head of the state is elected and not a hereditary monarch. The President of India is the ceremonial head of the state, elected by an electoral college consisting of elected members of both houses of Parliament and the Legislative Assemblies of the states and union territories. 13. Universal Adult Franchise  The Indian Constitution provides for universal adult franchise, granting every citizen who is 18 years or older the right to vote. This ensures political equality and provides all citizens with the opportunity to participate in the democratic process.  Elections are held at regular intervals for the Lok Sabha, Rajya Sabha, State Assemblies, and Local Bodies, allowing people to choose their representatives. 14. Amendment Procedure  The Constitution of India is flexible but also rigid in certain respects. It allows for amendments to be made to adapt to changing circumstances, but the amendment process is more detailed and requires multiple stages: o Simple majority in Parliament for some provisions. o Special majority for other provisions (e.g., changing the federal structure). o Ratification by States may be required for certain amendments.  The process of amending the Constitution is laid down in Article 368. 15. Role of President of India  The President of India plays a key role as the head of the state and exercises executive authority in the name of the government. The President has several powers, such as: o Issuing ordinances when Parliament is not in session. o Summoning and proroguing Parliament. o Appointing the Prime Minister and other ministers. o Appointing judges of the Supreme Court and High Courts. o Promulgating emergency provisions in case of national, state, or financial emergency. To conclude, the Indian Constitution is a profound document that provides the legal foundation for the nation, balancing federal and unitary features, individual rights and state interests, and economic development with social justice. Its detailed and comprehensive nature, along with its unique blend of democratic, secular, and socialist principles, reflects the diverse and complex realities of governing one of the world's largest and most populous democracies.