PREAMBLE
The Constitution of India came into force on January
26, 1950. The preamble to the Constitution sets out the aims and aspirations of
the people of India. Constitution of India is basically federal but with
certain unitary features. The essential features of a Federal or System are –
dual Government, distribution of powers, supremacy of the Constitution,
independence of Judiciary, written Constitution, and a rigid procedure for the
amendment of the Constitution.
Most of the Constitutions generally have a
preamble. It reflects the ideals and goals of the framers of the Constitution.
It is the ‘key to open the mind of the makers which may show the general
purpose for which they made several provisions in the Constitution” [Supreme
Court in Re- Berubari Case]. The US Constitution was the first constitution to
begin with a Preamble. Pt.Nehru drafted the Preamble of Indian Constitution. It
was based on the objective Resolution adopted by the Constituent Assembly.
The Preamble in its present form reads as
follows:
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.
N.A.Palkiwala called the Preamble as the
“Identity Card of the Constitution”. Though in Re-Berubari Case the Supreme
Court held Preamble is a not part of Constitution, in the historic Kesavanada
Bharati case(1973) it is held that Preamble is
an integral part of our
Constitution . It also contain the date of
adoption of our Constitution ie. 26th November 1949. (This day is
observed as Law Day (Constitution Day)in India]. The Preamble is
Non-justiciable that is, its provisions are not enforceable in Courts. The
Preamble cannot override the express provisions of the Act. In Kesavanada
Bharati Supreme court cautioned that the “basic elements” in the Preamble cannot
be amended. It was amended only once by
the 42nd Amendment (1976) which added the words “Socialist, secular and
integrity” in to it. The ideals of liberty, equality and fraternity are
inspired by the French Revolution.
Cases:
Berubari Case (1960): SC held Preamble is not
part of Constitution and cannot be
amended.
Kesavanada Bharati (1973): 13 Member
Bench of SC
held Preamble is
part of Constitution and can be amended without altering its “basic
structure”.
Fundamental Rights
The
fundamental rights are envisaged in Part III of the Constitution. These are:
i.
Right to Equality;
ii.
Right to Freedom;
iii.
Right against Exploitation;
iv.
Right to Freedom of Religion;
v.
Cultural
and Educational Rights;
vi.
Right
to Constitutional Remedies.
The Directive Principles as envisaged by the
Constitution makers lay down the ideals to be observed by every Government to
bring about an economic democracy in this country.
Article 51A: imposing the fundamental
duties on every citizen of India was inserted by the Constitution (Forty-second
Amendment) Act, 1976.
The most important legislative power
conferred on the President is to promulgate Ordinances. The ambit of this
Ordinance-making power of the President is co-extensive with the legislative
powers of the Parliament. The Governor’s power to make Ordinances is similar to
the Ordinance making power of the President and has the force of an Act of the
State Legislature.
The Union of India is composed of 28 States
and both the Union and the States derive their authority from the Constitution
which divides all powers-legislative, executive and financial, between them.
Both the Union and States are equally subject to the limitations imposed by the
Constitution. However, there are some parts of Indian Territory which are not
covered by these States and such territories are called Union Territories.
The courts in the Indian legal system, broadly speaking,
consist of-
i.
the
Supreme Court,
ii.
the
High Courts, and
iii.
the
subordinate courts.
The Supreme Court, which is the highest Court
in the country is an institution created by the Constitution. The jurisdiction
of the Supreme Court is vast including the writ jurisdiction for enforcing
Fundamental Rights.
The increasing complexity of modern
administration and the need for flexibility capable of rapid readjustment to
meet changing circumstances, have made it necessary for the legislatures to
delegate its powers.
Article 50 of the Constitution of
India dealing with Separation of judiciary from executive. It provides that the
State shall take steps to separate the judiciary from the executive in the
public services of the State
A Bill is a draft statute which becomes law
after it is passed by both the Houses of Parliament and assented to by the
President. All legislative proposals are brought before Parliament in the forms
of Bills.
Parliamentary Committees play a vital role in the Parliamentary System. They are a vibrant link between the Parliament, the Executive and the general public.