Police Misconduct Lawyers - Law Office of Jerry L. Steering
Constutional Law I - session 8.pptx
1. PREAMBLE
The Purpose it serves :
(a) it indicates the source from which the
Constitution comes, viz. the people of
India
(b) it contains the enacting clause which
brings into force the Constitution
(c) it declares the great rights and
freedoms which the people of India
intended to secure to all citizens, and
basic type of government and polity
which was to be established
2. NO SUBORDINATION TO ANY EXTERNAL
AUTHORITY
The Sovereign power, is that which is
absolute and uncontrolled
Republic – the head of the State is not a
hereditary monarch but a person elected
by the people for a fixed term
Democracy – in its broadest sense the
Preamble embraces that India aims to
achieve social and economic democracy
along with political democracy
3. OBJECTIVES ENSHRINED IN THE PREAMBLE
Justice – social, economic and political
Article 1 of the Declaration of Human Rights
adopted by UNO embodies noble principle
‘all the human beings are born free and in
equal dignity and rights’
‘They are endowed with reason and
conscience and should act towards one
another in a spirit of brotherhood’
The Preamble achieved this principle in India
which is composed of many races, religions,
languages and of culture
4. LIBERTY – OF THOUGHT, EXPRESSION, BELIEF,
FAITH AND WORSHIP
The concept of justice differ from man to man
in the society;
What we need to achieve is the harmonious
blending of natural justice and the good of the
society
Under Article 19 of the Constitution;
guaranteed six fundamental freedoms, one of
which is freedom of Speech and Expression
Art. 25-28 Freedom of Religion – every person
is free to profess, practice and propagate
religion of his own
5. Equality – Of status and of opportunity; and to
promote among them all (integrity)
Art. 18 aims the practical concept of
brotherhood among the Indians through the
provision of ‘Abolition of Title’
Civilian awards can not be used as titles and
should not be attached as suffixes or prefixes
to names
Art. 17 – abolishes ‘untouchability’ and forbids
its practise in any form
The enforcement of any disability arising out
of untouchability is an offence punishable
6. Fraternity – Assuring the dignity of the
individual and the unity and integrity of the
nation
It indeed put an end to separatist
tendencies and make people feel that every
part of India is their home
Framers mentioned that India shall be a
Union of States
Art. 19 though providing different freedoms,
they are subject to reasonable restrictions;
The freedom can not be allowed to
endanger the integrity or sovereignty of
India
7. 42ND AMENDMENT AND THE PREAMBLE
The amendment inserted three new words
in the Preamble
Secularism – the concept is implicit in the
Directive Principles
Particularly Art. 39 (b) and (c) which
provides for the Charters of Social and
economic liberties of the people
Socialism- the concept of socialism in India
is democratic socialism in the National
interest
Integrity –it should be the basic concept of
unity and nationality among the citizens
8. The Supreme Court has interpreted the basic
features of the Constitution as :
1. Rule of Law
2. Judicial Review
3. Democracy, which implies free and fair
election
the Jurisdiction of the Supreme Court u/A 32
in the form of remedial jurisdiction is the
basic feature of the Constitution
The concepts and basic features declared in
Preamble are already implicit in the
Constitution in different Fundamental Rights
and Directive Principles