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THE CONSTITUTION OF INDIA

andPROFESSIONAL ETHICS

CIP 81

Preamble

Class # 02 Week :Feb 04-09

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Meaning Of Preamble

Preliminary / Introductory Statement.

Objective & Soul of the Constitution of India. Embodies the ideals & Aspirations

of People of India.

Is an admissible aid to the

Statutes interpretation.The Philosophy of Preamble is Combination Philosophy of

French & Russian revolution.

Social, Economicconcepts

are from Russian revolution.

Liberty, Equality and Fraternity

concepts are from French revolution.

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Preamble WE, THE PEOPLE OF INDIA,having solemnly

resolved to constitute India into aSOVEREIGNSOCIALIST SECULARDEMOCRATIC REPUBLICandto secure to all its citizens:

JUSTICE,social, economic and political;

LIBERTY of thought, expression, belief, faith and

worship; EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual

and the un i ty and integr i tyof the Nation; IN OUR CONSTITUENT ASSEMBLYthis twenty-sixth

day of November, 1949, do HEREBY ADOPT, ENACTAND GIVE TO OURSELVES THIS CONSTITUTION. [1]

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HISTORY OF PREAMBLE

Jawaharlal Nehru moved

Object ive Reso lut ion onDec 22,1946.

This wasadopted by the

Const i tuent Assembly on Jan 22,1947.

The Drafting Committeeof the Constituent Assembly

adopted Sovereign Democratic Republic inplace of Sovereign Independent Republic todefine the essential features of the New Stateand its basic Socio-political Objectives.

Felt the need forfraternal concord & goodwillwas

never greater than nowso a special mention ofthis was made.

Contains the vision & Aspirations of

FOUNDING-FATHERS.

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Application of Preamblefor Interpretation

The PreambleHelps

in the selection oftrue meaning

by showingthe Object or Purpose

of the Constitution,

if there is a doubtas to the enacting words

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OBJECTIVES RESOLUTION

The underlying principles of the Constitution were laid

down by Jawaharlal Nehruin his Objectives

Resolution : Ind ia is an Independent, Sovereign , Repub l ic;

Ind ia shall be a Union of erstw hi le Bri t ish Ind ian

terr i tories, Ind ian States, and o ther parts o uts ide

B ri t ish Ind ia and Indian States as are w il l ing to be apart of the Union;

Terr i tor ies form ing the Union shal l be auton omous

un i ts and exercise al l powers and funct ion s of the

Government and adm inistration, except th oseassigned to o r vested in the Union ;

Al l powers and autho r i ty of sovereign and

independent India and i ts con st i tut ion shal l f low from

the peop le;

http://en.wikipedia.org/wiki/Jawaharlal_Nehruhttp://en.wikipedia.org/wiki/Jawaharlal_Nehru

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The Importance of the Preamble

The wordingof the Preamble highlights

some of the fundamental values

and guiding principleson which the Constitution of India is based.

The Preamble serves as a guiding light

for the Constitution and

judges interpret the Constitution in its light.

In a majority of decisions, the Supreme Court of

India has held that

the objectives specified in the preamble

constitute the basic structure

of the Indian Constitution,

which cannot be amended.

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The Importance of the Preamble

The first wordsof the Preamble

- "We, the people"- signifies that

power is ultimately vested in thehands ofthe people of India.

- The Preamble lays down

the most important national goals

which every citizenand the governmentmust try to achieve,

such as socialism,secularism and

national integration.

- Lastly, it lays down the date for the adoption of theConstitution26thNovember 1949.

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Explanation of some of the important

words in the Preamble

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Sovereign

(Latin Superanus meansSup reme) The word sovereignmeans

supremeor independent.

India is internallyand externally sovereign-

externally free from the control

of any foreign power and internally,

it has a free government

which is directly electedby the people andmakes laws that govern the people.

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Sovereign (contd.)

Has Absolute Power to Legislate on any Subject

(in Constitutional Conformity and limitations). It has Supremacy over all

individuals and associations.

Sovereignty of Stateis

Absolute, Unlimited and Final. Power to make & enforce the Law.

Power to punishthose who abuse/ misuse Law.

Political Sovereigntyisvested both with Centre and

States. Center assumes more power. Free to decide its ownForeign Policy.

International Laws, Treaties, United NationsObligationsdoes not affect the Sovereignty of the

State.

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Socialist The word socialistwas addedto the Preamble

by the 42ndamendment act of 1976

It implies social and economic equality. Social equalityin this context means

the absence of discriminationon the

grounds of caste, color, creed, sex, religion,

language, etc. Under social equality,

everyone has equalstatusand opportunities.

Economic equalityin this context means

that the governmentwill endeavour to make the distribution of wealth more equal

and provide a decent standard of living for all.

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Socialist (contd.)

This is in effect emphasizing a committment

towards the formationof a Welfare state.

India has adopted a mixed economyand the

government has framed many laws to

achieve the aim of social equality,

such as theAbolition of Untouchabilityand

Zamindari,the Equal Wages Actand the

Child Labour Prohibition Act.

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Secular

The word secularwas inserted into the

Preamble by the 42nd amendment act of1976. It implies equality of all religions andreligioustolerance.

India, therefore does not havean official

state religion. Every person has the right to preach,

practiseand propogateany religion theychoose.

The government must notfavour ordiscriminate

against any religion.

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Secular(contd.)

It must treat all religions with equal

respect.

All citizens, irrespective of their religious

beliefs are equal in the eyes of law.

No religious instructionis imparted ingovernmentor government-aided

schools.

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Democratic

Indian democracy. The people of India elect

their governmentsat all levels (Union, State

and local) by a system of Universal Adult

Franchise.

Every citizenof India, who is 18 yearsof ageand above and nototherwise debarred by

law, is entitled to vote.

Every citizen enjoysthis rightwithout any

discriminationon the basis of caste, creed,

colour, sex, religion or education.

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Democratic (contd.)

Visionof building a democratic way oflife for Harmonious Human (Co)

Existence.

Greek demos means the people. K ratosmeans rule orgovernm ent.

Democracy means the participationof

the peoplein governance.

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Democratic (Contd.)

Democracy is by , for andof thepeop le.

Universal Adu lt Franchise.

Encompasses Social, Economic and

Cultural Democracy.

Imay not accept your view point, but I

respect your right to say.

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Republic

As opposed toa monarchy, in whichthe head of state is appointed onhereditary basis for a lifetime or untilhe abdicates from the throne,

a democratic republicis an entity inwhich the head of state is elected,directly or indirectly,for a fixed tenure.

The President of Indiais elected by anelectoral college for a term of fiveyears.

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JUSTICE

General Welfareof Society.

Secureand protect

Essence is to Achieve Common Good.

Does not confine toLegal Justice Only.

Includes Social, Economic and Political

Justice.

Ref Article 38.

Implies Harmonious reconcilementofIndividualconduct withgeneral welfare of

Society.

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JUSTICE (contd.)

Social Justice.

All personsTreated equally irrespective of Status

of birth, gender, religion, caste, race etc.Economic Justice.

Aims at Reduce gapbetween rich& poor.

Directive Principles makes provision for Human

work, maternity relief, leisure, reduction of wideEconomic Disparities, promoting economicinterests, minimum wage, banning of forcedlabour, etc.

Political Justice.

Equal opportunity for all citizensto participateinpolitical process.

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The Constitution of Indiadiffersfrom

other western constitutions,fromwhich it has derived inspiration, in the

fact that it stipulates the supremacy of

the legislatureas the supreme lawmaking body of the land.In that

respect,it renders the legislative arm of

government nominally more powerful

than either the executive or the

judiciary.