UPSC

1. INDIAN POLITY AND GOVERNANCE
Lecture 3
By Vishnu Agarwal
Preamble

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3. •It is based on “Objective Resolution” drafted and moved by
Jawaharlal Nehru in Constituent Assembly.
•It is:
•Philosophy/values/essence/summary of Constitution.
•It reflects aspirations and vision of India’s founding
fathers.
•It is Identity card of Constitution.
•The Preamble page (like other pages of Constitution) is
designed and decorated by renowned painter Beohar
Rammanohar Sinha of Jabalpur.
•It is amended one time – by 42nd CAA. 3 new words were
added – ‘Socialist’, ‘Secular’ and ‘Integrity’.

4. “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; and to promote
among them all;
FRATERNITY assuring 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”.

5. Key Words in Preamble

6. Sovereign
•It means:
• independence in deciding own policies and
• freedom to conduct own internal and external affairs.
• for e.g. economic policy, foreign affairs, environment
commitments etc.
•However, the binding decisions given by WTO (in economic
matters), UN bodies (in foreign matters), climate change
talks etc. have raised questions over this independence.
•But this is not a compromise with Sovereignty because:
• Decision to take membership of these bodies was India’s own.
• Before any action, ‘Due process’ is being followed in these
bodies.
• India’s belief in “World as a home”. (olqnSo dqVqEcde)

7. Socialist
•42nd CAA added this term, but it was inherent in our
Constitution.
•India adopted its own brand of “Democratic Socialism”
where the idea of ‘mixed economy’ is accepted i.e. both
public and private sectors can co-exist and complement each
other.
•However, questions have been raised over socialism after
LPG reforms.
•However, privatisation is being done, only to increase the
capacity of government - so that it can focus on social
sectors in more effective way.

8. Secular
•It is also inserted by 42nd CAA but inherent in Indian
politic.
•Unlike western countries, India adopted ‘concept of
equality’ or positive secularism, where state will
treat all religions equally.
•However, various communal riots, public lynching,
sectarian issues etc. have raised questions over Indian
Secularism.
•But despite these issues, India is strong and united
country reflecting ‘Unity in Diversity’. This shows the
success of Secularism in India.

9. Democratic
•The first line of Preamble mentions that India is
constituted by its people – thus Citizens are supreme.
•This reflects democratic character of India as India is ruled
by people and for people.
•Democracy in India means political, social and economic
democracy:
•Political democracy: like universal adult franchise; free
and fair elections etc.
•Social democracy: ideals of liberty, equality, justice and
fraternity; independent judiciary; rule of law; etc.
•Economic democracy: no monopoly, no concentration of
wealth, income equality etc.

10. •After 73rd and 74th CAA, India has transformed its
representative democracy into participative
democracy.
•However, various issues like criminalisation of
politics, corruption, power abuse by bureaucracy,
election related problems etc have raised questions
over Indian democracy.
•However, frequent electoral reforms, police reforms,
governance reforms etc are strengthening Indian
democracy.

11. Republic
•It is opposite of Monarchy.
•In a Republic, the head of the state is elected directly
or indirectly for a fixed period unlike Monarchy.
•It is done to ensure that there is no privileged class
and no one is getting privileges only because of his
birth.
•Republic character of a country also means that
people are sovereign and not an individual like a king.
•In India, President is elected indirectly for a fixed
period of 5 years. The office of President is open to
all Indians. Thus, India is a Republic.

12. Justice - social, economic and political
•The ideals of justice have been taken from Russian
Revolution.
•“Social justice” means equal treatment of all citizens
without any discrimination and at the same time
improving conditions of underprivileged class.
•“Economic justice” means ensuring equal distribution
of wealth and eliminating inequality.
•“Political justice” means equal political rights, equal
access to political offices and equal choice and voice.
•Justice is ensured through Fundamental Rights and
DPSPs.

13. Liberty – of thought, expression, belief, faith
and worship
•It means absence of restraints on the activities of
individuals – so that individuals get enough
opportunities for their intellectual and physical
development.
•In India, Liberty is ensured through Fundamental
Rights – as they are enforceable in court of law.
•However, liberty is provided within the limitations of
“reasonable restrictions”.
•For example, Article 19 in Fundamental Rights.

14. Equality – of status and opportunity
•It means:
•equal treatment of all citizens,
•adequate opportunities for employment to all
citizens and
•lack of any special privilege to any individual/group.
•Our Constitution provides for Equality through various
provisions like Fundamental rights (Article 14-18),
DPSPs (Article 39), Universal adult suffrage etc.

15. Fraternity
•Fraternity will assure 2 objectives:
• To assure dignity of the individual: Personality of each
citizen is sacred.
• The unity and integrity of country: It not only aims at
territorial integrity (i.e. India is indestructible union) but
also aims at overcoming feelings of communalism,
regionalism, casteism etc.
•It is aimed at promoting harmony and spirit of
brotherhood amongst all citizens of our country.
•Various communal, linguistic, regional and sectional
issues have tried to affect fraternity in our country but
India is still maintaining its ‘unity in diversity’.

16. Preamble and Supreme Court
Whether Preamble is part of Constitution:
•Berubari Union case (1960): Preamble is not part of
Constitution. However, whenever there is
ambiguity/confusion in interpretation of Constitution,
assistance of Preamble can be taken.
•Kesavananda Bharti case (1973): Preamble is part of
Constitution.
•LIC of India case: Preamble is part of Constitution.

17. Can Preamble be amended:
•In Kesavananda Bharti case, it was held that since Preamble
is part of Constitution, it can be amended. But, amendment
is subject to “doctrine of basic structure” i.e. fundamental
features of Constitution cannot be amended.
•Supreme Court’s interpretations also led to following
conclusions:
•Preamble is non-justiciable.
•Preamble is neither a source of power to legislature nor a
prohibition upon the powers of legislature.
•Ideals in Preamble are part of “Basic Structure”.

18. Thank You