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Law: Constitution of India Its Nature: The ‘Preamble’ Provides the Guidelines of the Constitution

The ‘Preamble’ Provides the Guidelines of the Constitution

  • The Constitution of India is the supreme law of the land. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties of government and spells out the fundamental rights, directive principles and duties of the citizens.
  • It is the largest Constitution of any sovereign country in the world, containing more than 395 Articles and divided into 24 parts and 12 schedules passed and adopted by the Constituent Assembly on 26th November, 1949. It came into effect on 26th January, 1950.
  • The Constitution declares the Union of India a Sovereign, Socialist, Secular, Democratic Republic, assuring its citizens of Justice, Equality and Liberty and endeavors to promote Fraternity among them all.
  • One, about the structure of the governance and the other, about the ideals to be achieved in independent India.
  • The opening and closing words of the Preamble, “We the people of India, adopt, enact and give to ourselves this Constitution”
    • Sovereignty: It means absolute independence i.e.. a government which is not controlled by any other power: internal or external.
    • Socialist: It is implied acceptance of the State՚s major role in economy. The State protects all religions equally and does not uphold any religion as the State religion.
    • Democracy: is generally known as a government of the people, by the people and for the people.
    • Republic: it implies an elected Head of the State.

The Preamble proceeds further to define the objectives of the Indian political system. There are four objectives: Justice, Liberty, Equality and Fraternity.

  • Justice: is the attainment of the common good.
  • Liberty of thought and expression which have been granted in the Constitution through the Fundamental Rights.
  • Equality of status and Equality of opportunity.
  • Fraternity is understood as a spirit of brotherhood, the promotion of which is absolutely essential in our country which is composed of various races and religions.

Nature of Indian State

  • The liberal democratic State is based on the assumption that the government is not an end in itself but a means for the realisation of the greatest good of the greatest numbers.
  • Federal state all the powers of economic development and social change are vested in the State. The State has been bestowed with vast powers in the field of agriculture as well as industrial development.
  • Welfare state The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political.
  • Caste ridden society is a system of hierarchical social organisation was evolved and practiced by our ancestors from the beginning of the early civilization, which is the basic foundation of India՚s social structure.
  • Multi-religious society is The Indian population is divided into Hindus, Muslims, Buddhist, Paris and Christians.

Constituent Assembly

Illustration: Constituent Assembly
  • The Constituent Assembly was dominated by members belonging to Congress. Within the Congress, mostly all the leaders of the freedom movement were members of the Assembly. Out of the 229 members of the Constituent Assembly 192 belonged to Congress, 29 to Muslim League, 1 Akali and seven were independent members.
  • Dr. Rajendra Prasad was elected the President of Constituent Assembly.
  • The moving spirit of the Assembly was Jawaharlal Nehru, the first Prime Ministers of Free India.
  • The Constituent Assembly had a total of more than fifteen Committees: the Drafting Committee, the Union Power Committee, the Union Constitution Committee, the Advisory Committee on Minorities and India-I Fundamental Rights, the Committee on Chief Commissioner՚s Provinces, the Committee on Financial Provisions of the Union Constitution and the Advisory Committee on Trible Areas.
  • The final shape and form was given by Dr. B. R. Ambedkar and his colleagues in the Drafting Committee.
  • The Constitution was enforced with effect from January 26,1950. From this auspicious day India became a Republic.
  • Pandit Jawaharlal Nehru commenting on the aforesaid Resolution said: ‘Objective Resolution’ is something more than a resolution. It is a declaration, a firm resolve, a pledge, an undertaking and for all of us a dedication.

Salient Features of the Constitution

  • Broadly speaking these Constitutions are classified on the basis of the political systems which are adopted by them. Modern political systems are of four categories on four different bases.
  • India is written Constitution. The Constitution of India has the distinction of being the lengthiest and detailed Constitutional document the world has so far produced. It has been the endeavors of the framers of the Constitution to provide for the solutions of all the problems of administration and government of the country.
  • Indian Constitution which separates it from other constitutions of the world is that it is partly rigid and partly flexible. Parliament has been given the powers to alter or modify the provisions of the Constitution by a simple majority as is required for general legislation.
  • The system is federal, the Constitution enables the federation to transform into a Unitary State. In such a system the Central government and the governments of the units act within a well-defined sphere.
  • Depending on the economic structure, the political systems are classified as capitalist and socialist governments.

Federal Features

  • An essential characteristic of a federation is that the Constitution should not only be written but it should be rigid also. All the provisions of the Constitution concerning Union-States relations can be amended only by the joint action of the State Legislature and the Union Parliament.
  • The Constitution is the supreme law of the land and the laws passed by the Union or the State governments must conform to the Constitution.
  • In a federation there should be clear division of powers so that the units and the Centre are required to enact and legislate within their sphere of activity. The Seventh Schedule contains three Legislative Lists, viz Union List, Sate List and Concurrent List.
  • It is essential that the judiciary should be independent there must be provision of Supreme Court to settle federal disputes.
  • A bicameral system is considered necessary for a federation.