SECCIÓN 2ª: NORMAS ESPECÍFICAS PARA DETERMINADOS TIPOS DE ANDAMIOS

www.iasbaba.com Page 51 Understanding the Preamble

WE, THE PEOPLE OF INDIA, have solemnly resolved to constitute India: India declared itself

Republic in 1949 and the Preamble enshrines the philosophy that the government is by the

people and for the people.

The Constitution derives authority from the people (“We the people”).

SOCIALIST: The Word "socialist" was added by the 42nd Constitutional Amendment Act of

1976. By inserting this word, it set a positive direction to the Government in formulating its policies.

Indian brand of socialism is a ‘democratic socialism’.

 Democratic socialism holds faith in a ‘mixed economy’ where both public and private sectors co-exist side by side.

 Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity.

 Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards Gandhian socialism.

SECULAR: It signifies that India has respect for all religions. All religions have the same status.

The word secular appeared at only one article that is Article 25 (2)(a) before it was inserted into the Constitution's Preamble.

 State will protect every religion equally but the state will not have any foundation on

religion.

 Accordingly Articles 25 to 28 (guaranteeing the fundamental right to freedom of religion) have been included in the constitution.

DEMOCRATIC: India has borrowed its present form of democracy from the western world. It

means the Government is responsible to the people of India. (i.e possession of supreme power by the people)

 The Indian Constitution provides for “representative parliamentary democracy” under which the executive is responsible to the legislature for all its policies and actions.

 The term ‘democratic’ is used in the Preamble in the broader sense embracing not only political democracy but also social and economic democracy.

www.iasbaba.com Page 52 Republic

The term ‘republic’ in our Preamble indicates that India has an elected head called the president. He is elected indirectly for a fixed period of five years.

A republic also means two more things:

 one, vesting of political sovereignty in the people and not in a single individual like a king;

 second, the absence of any privileged class and hence all public offices being opened to every citizen without any discrimination.

JUSTICE: Justice in the Preamble means social, political and economical justice

 Social justice denotes the equal treatment of all citizens without any social distinction  Economic justice denotes the non-discrimination between people on the basis of

economic factors. It involves the elimination of glaring in-equalities in wealth, income and property.

 Political justice implies that all citizens should have equal political rights, equal access to

all political offices and equal voice in the government.

The ideal of justice—social, economic and political—has been taken from the Russian

Revolution (1917).

LIBERTY: Liberty is the essential requirement of democratic and free society.

 The term ‘liberty’ means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities. The ideals of liberty, equality and fraternity in our Preamble have been taken from the French

Revolution (1789–1799).

EQUALITY: The Preamble secures to all citizens of India equality of status and opportunity. This

provision embraces three dimensions of equality—civic, political and economic.

 This objective is made more explicit by Article 15 which forbids the state to discriminate on any basis such as caste, creed, sex or place of birth.

 Article 15(2) throws all public places to all citizens. Article 17 abolishes the untouchability.

www.iasbaba.com Page 53 FRATERNITY: Fraternity means a sense of brotherhood. The Constitution promotes this feeling

of fraternity by the system of single citizenship.

 The term Fraternity is (perhaps) incorporated from the article 1 of Universal

Declaration of Human Rights 1948.

 Articles 1 and 2 are the foundation blocks of the Universal Declaration of Human rights, with their principles of dignity, liberty, equality and brotherhood.

The Preamble declares that fraternity has to assure two things—the dignity of the individual and the unity and integrity of the nation.

The word ‘integrity’ has been added to the preamble by the 42nd Constitutional Amendment (1976).

www.iasbaba.com Page 54 Chapter 5 Union and its territory

Important facts:

(Articles 1 to 4) under (Part I) of the Constitution deal with the Union and its territory. Article 1 deals with Name and territory of the Union —

(1) India, that is Bharat, shall be a Union of States.

(2) The States and the territories thereof shall be as specified in the First Schedule. (3) The territory of India shall comprise—

(a) the territories of the States;

(b) the Union territories specified in the First Schedule; and (c) such other territories as may be acquired

Article 1 stipulates that “India, i.e., Bharat, shall be a Union of States".

Very important -- Please note: the country is described as ‘Union’ although its Constitution is

federal in structure.

When asked why country is described as ‘Union’, not federation?

Dr B R Ambedkar replied - "the phrase ‘Union of States’ has been preferred to ‘Federation of

States’ for two reasons:

 one, the Indian Federation is not the result of an agreement among the states like the American Federation; and

 two, the states have no right to secede from the federation. The federation is an Union because it is indestructible.

The country is an integral whole and divided into different states only for the convenience of administration.”

www.iasbaba.com Page 55 Please Note: (Very important)

1. As on today there are 29 states and 7 Union territories in the country.

2. The provisions of the Constitution pertaining to the states are applicable to all the states (except Jammu and Kashmir) in the same manner. As Jammu and Kashmir has its own Constitution.

3. 1st Schedule contains the names of the States and UTs.

4. 5th and 6th Schedule of the Constitution contains separate provisions with respect to the administration of scheduled areas and tribal areas within the states.

5. States share distribution of powers with the Centre.

6. The union territories and the acquired territories are directly administered by the Central government. (except Delhi and Puducherry)

Do you know? ‘Territory of India’ is a wider expression than the ‘Union of India’

 Because the latter includes only states while the former includes not only the states but also union territories and territories that may be acquired by the Government of India at any future time.