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KNOW INDIAN CONSTITUTION .. Options · View
LCHRD
#1 Posted : Thursday, August 20, 2009 3:23:42 AM
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The Constitution, in its current form, consists of a preamble, twenty-two parts containing three hundred and ninety five articles, twelve schedules, ninety-four amendments, and five appendices.


[edit] Preamble
Main article: Preamble to the Constitution of India
The Preamble states:


The original Preamble to the Constitution of India.“ WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST[Note 1] SECULAR[Note 1] 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[Note 1] of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.


The preamble delineates the basic structure of the Constitution of India. It does not contain laws enforceable in a court but, no law can be enacted or amended in a manner that violates the spirit of the preamble. The Supreme Court, in the case of Kesavananda Bharati vs. The State of Kerala, recognized that the Preamble may be used to interpret ambiguous areas of the Constitution where differing interpretations present themselves. However, the Preamble is useful as an interpretive tool only if there is an ambiguity in the article itself and should not be treated as a rights bestowing part of the Constitution.

The original draft of the constitution, as it came into effect in 1950, had the words SOVEREIGN DEMOCRATIC REPUBLIC in the first line. The words SOCIALIST and SECULAR were inserted by the controversial 42nd amendment. Through the same amendment, the words unity of the nation were changed to unity and integrity of the nation. The amendment was pushed through by Indira Gandhi in 1976, when she had dictatorial powers. A committee under the chairmanship of Sardar Swaran Singh recommended that this amendment be enacted after being constituted to study the question of amending the constitution in the light of past experience.[Note 2]


[edit] Interpretation
The Preamble reflects the basic structure and the spirit on which the Constitution of India is based. Even though the Preamble does not bestow any rights to individual or entity; it serves as a guiding tool for the interpretation of the Constitution in its entirety.[Note 2]

The beginning words of the Preamble - "We, the people" - signifies that power is ultimately vested in the hands of the people of India. It also tells that the constitution is made by & made for the people of India and not given to them by any outside powers.The Preamble lays down the most important national goals which every citizen and the government must try to achieve — justice, liberty, equality, and fraternity.


[edit] 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...


[edit] Socialist
The word socialist was added to the Preamble by the 42nd amendment act of 1976, during the emergency. It implies social equality, and does not connote any economic or political ideology. 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 all are equal before law and has equal status and opportunities. Economic equality in this context means that the government will endeavor to make the opportunities available to its citizens equitable, and each citizen is to have every right to improve his or her condition, on his or her own efforts and merits. This is not to emphasise a commitment towards the formation of a welfare state, as evidenced by the Indian government's decision to open public business schools, known formally as the Indian Institutes of Management, around the same time as the enactment of this amendment.


[edit] Secular
The word secular was inserted into the Preamble by the 42nd amendment act of 1976, during emergency. It implies separation of state and religion. It means the state will make laws without regards to any religion. 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 favor or discriminate against any religion. It must treat all religions equally. 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. Nevertheless, general information about all established world religions is imparted as part of the course in Sociology, without giving any importance to any one religion or the others. The content presents the basic/fundamental information with regards to the fundamental beliefs, social values and main practices and festivals of each established world religions. The Supreme Court in S.R Bommai v. Union of India held that secularism was an integral part of the basic structure of the constitution.


[edit] 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 franchise; 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.


[edit] Republic
As opposed to a monarchy, in which the head of state is appointed on hereditary basis for a lifetime or until he/she 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.

Preamble plays pivotal role when there is ambiguity in provisions of any Article or interpretation becomes confusing, spirit of preamble becomes guiding factor. Preamble is stem, root and source of constitution.


[edit] Parts
Parts are the individual chapters in the Constitution, focused in single broad field of laws, containing articles that addresses the issues in question.

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