Constitution had a socialistcontentinDirectivePrinciples of State Policy before 1976 also
Congress party adopted a resolution to establish a ‘socialistic pattern of society’ in its Avadisession in 1955
Indian brand of socialism is a ‘democratic socialism’ and not a ‘communistic socialism’
Supreme Court says, ‘Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity
Indiansocialism is a blend of Marxism and Gandhism, leaning heavily towards Gandhian socialism
The new economic policy (1991) of liberalisation, privatisation and globalisation has diluted the socialist credentials of the Indian State
The term ‘secular’ was added by the 42ndConstitutionalAmendment Act of 1976.
Supreme Court said in 1974 that, the words ‘secular state’ were not mentioned in the Constitution, but there can be no doubt that Constitution-makers wanted to establish such a state
Articles25to28 of constitution proves that. Preamble to the Constitution of India
Democracy is of two types
In direct democracy, the people exercise their supreme power directly as is the case in Switzerland.
There are four devices of direct democracy
In indirectdemocracy, representatives elected by the people exercise the supreme power
They carry on the government and make the laws.
This type of democracy, also known as representativedemocracy
It is of two kinds
Universal adult franchise, periodic elections, rule of law, independence of judiciary, and absence of discrimination on certain grounds are the manifestations of the democratic character of the Indian polity.
The term ‘democratic’ is used in the Preamble in the broader sense embracing not only politicaldemocracy but also social and economicDemocracy. Preamble to the Constitution of India
Dr. Ambedkar said in his concluding speech in the Constituent Assembly on November 25, 1949 “Political democracy cannot last unless there lies at the base of it social democracy”
Socialdemocracy mean a way of life which recognises liberty, equality and fraternity
A democratic polity can be classified into two categories – monarchy and republic.
In a monarchy, the head of the state (usually king or queen) enjoys a hereditary position, that is, he comes into office through succession, Ex-Britain.
In a republic, the headof the state is alwayselected directly or indirectly for a fixed period
The term ‘republic’ in our Preamble indicates that India has an electedhead called the president.
He is elected indirectly for a fixed period of five years.
A republic also means two more things
One, vesting of politicalsovereigntyin the people and not in a single individual like a king
Second, the absenceof any privilegedclass and hence all public offices being opened to every citizen without any discrimination.
The term ‘justice’ in the Preamble embraces 3 forms
It secured through various provisions of Fundamental Rights and Directive Principles
Socialjustice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on
Economicjustice denotes the non-discrimination between people on the basis of economic factors.
A combination of social justice and economic justice denotes what is known as ‘distributive justice’.
Politicaljustice 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’ means the absence of restraints on the activities of individuals, and providing opportunities for the development of individual personalities.
The Preamblesecures to all citizens of India liberty of
It provided by Fundamental Rights, enforceableincourtoflaw, in case of violation.
Liberty does not mean ‘license’ to do what one likes, and has to be enjoyed within the limitations mentioned in the Constitution itself.
Liberty conceived by the Preamble or fundamental rights is not absolute but qualified.
Idea of liberty, equality and fraternity in our Preamble have been taken from the FrenchRevolution (1789–1799)
‘Equality’ means the absence of special privileges to any section of the society, and the provision of adequate opportunities for all individuals without any discrimination
This provision embraces 3 dimensions of equality
FundamentalRights ensure civicequality
There are two provisions in the Constitution that seek to achieve political equality.
No person is to be declared ineligible for inclusion in electoralrolls on grounds of religion, race, caste or sex (Article 325).
Elections to the Lok Sabha and the state assemblies to be on the basis of adultsuffrage (Article326).
The Directive Principles of State Policy (Article 39) secures to men and women equal right to an adequate means of livelihood and equal pay for equal work.
Fraternity means a sense of brotherhood.
The Constitution promotes this feeling of fraternity by the system of singlecitizenship.
Fundamental Duties say that it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood
Preamble as Part of the Constitution
In the BerubariUnioncase (1960), the Supreme Court said that Preamble is not a part of the Constitution
In the KesavanandaBharaticase (1973), the Supreme Court rejected the earlier opinion and held that Preamble is a part of the Constitution.
In the LICofIndiacase (1995) also, the Supreme Court again held that the Preamble is an integral part of the Constitution.
2 things should be noted
The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature.
It is non-justiciable, that is, its provisions are not enforceable in courts of law.
The preamble-page, along with other pages of the original Constitution of India, was designed and decorated solely by renowned painter Beohar Rammanohar Sinha of Jabalpur.
India became part of UNO in 1945
Democracy – Demos(people) and Kratia(rule) – Greek word