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Preamble of the constitution of india
1.
2. A preamble is an introductory statement of a
constitution which lays down the ideals it attempts to
promote. A preamble to an Act of Parliament gives its
reasons and purposes and lays down the aims and objects
for which a particular Act has been passed. The idea of the
Preamble has been borrowed from the Constitution of the
U.S.A. The Constitution of the Republic came into effect
on 26 January 1950. It was drawn up by a Constituent
Assembly initially summoned on December 9, 1946. A
draft of the Constitution was published in February 1948.
The Constitution was finally adopted for 26 November
1949. It came into effect on 26 January 1950.
3. 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.
4. The Preamble to our Constitution serves two purposes:
-
A) It indicates the source from which the Constitution derives its
authority;
B) It also states the objects, which the Constitution seeks to
establish and promote.
The Preamble seeks to establish what Mahatma Gandhi described
as The India of my Dreams, "…an India in which the poorest shall
feel that it is their country in whose making they have an effective
voice; …an India in which all communities shall leave I perfect
harmony. There can be no room in such an India for the curse of
untouchability or the curse of Intoxicating drinks and drugs. Woman
will enjoy as the same rights as man."
5. Source of Constitutional
Authority
Nature of the State
Objectives of the Constitution
6. Sovereignity and Ultimate power
rests with the people
The framers of the Constitution
were the representatives of the People.
The will of the people is the basis
of the Constitution
7. India has been declared as
Sovereign,
Socialist,
Secular,
Democratic,
Republic through this Preamble.
8. Secular – The word secular was also
inserted into the preamble by the Forty-second
Amendment. It implies equality of all religions and
religious tolerance. India, therefore does not have
an official state religion. Every person has the right
to preach, practice and propagate any religion they
choose. The government must not favour or
discriminate against any religion. It must treat all
religions with equal respect. All citizens, irrespective
of their religious beliefs are equal in the eyes of law.
No religious instruction is imparted in government
or government-aided schools.
9. Sovereign-The word sovereign
means supreme or independent. India is
internally and externally sovereign -
externally free from the control of any foreign
power and internally, it has a free
government which is directly elected by the
people and makes laws that govern the
people.
10. Socialist - The word socialist was added to the Preamble by
the Forty-second Amendment. It implies social and economic equality.
Social equality in this context means the absence of discrimination on the
grounds only of caste, colour, creed, sex, religion, or language. Under
social equality, everyone has equal status and opportunities. Economic
equality in this context means that the government will endeavour to make
the distribution of wealth more equal and provide a decent standard of
living for all. This is in effect emphasized a commitment towards the
formation of a welfare state. India has adopted a socialistic and mixed
economy and the government has framed many laws to achieve the aim.
11. Democratic - India is a democracy. The people of India elect their
governments at all levels (Union, State and local) by a system of
universal adult suffrage; popularly known as "one man one vote". Every
citizen of India, who is 18 years of age and above and not otherwise
debarred by law, is entitled to vote. Every citizen enjoys this right
without any discrimination on the basis of caste, creed, colour, sex,
religion or education. Republic -
As opposed to a monarchy, in which the head of state is appointed on
hereditary basis for a lifetime or until he abdicates from the throne, a
democratic republic is an entity in which the head of state is elected,
directly or indirectly, for a fixed tenure. The President of India is elected
by an electoral college for a term of five years. The post of the
President Of India is not hereditary. Every citizen of India is eligible to
become the President of the country.
12. India qualifies to be a republic. The
President is indirectly elected by the people
for a fixed tenure and he makes use of his
power on the advice of a council of ministers
which is responsible before Lok Sabha which
is the house of the people’s representatives
directly elected by them on the basis of
univeral adult franchise.
13.
14. The Preamble of Indian Constitution
reflects the basic structure and the spirit of the
Constitution. It is regarded that the preamble
serves as a channelising tool for the
interpretation of the Constitution as a whole
The Preamble acts as the preface of
the constitution of India and lays down the
fundamental value and philosophical ideas. It
represents the entire Constitution in its written
words.
15. It contains the basic features of the
Constition and thus considered to be a vital
part. The Preamble is significant because it
highlights the type of society and government it
wishes to establish.
However , The Preamble doesn't
contain laws enforceable in a court but no law
can be enacted or amended in a manner that
violates the spirit of the Preamble. Thus the
Preamble of the constitution of India is
unamendable and unalterable.