Philosophy of the Indian Constitution
(Detailed Notes)
Political Institutions in India (Unit 7)
UGC NET POLITICAL SCIENCE
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Philosophy of the Indian Constitution
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Table of Contents
  • Salient features of the Indian Constitution
  • Objectives of the Indian Constitution given in the Preamble
  • What is the Preamble?
  • Meaning and Definition of Preamble
  • Functions of a Preamble
  • Preamble of the Indian Constitution
  • Historical background of the Preamble
  • Some words from Eminent Personalities to define the Preamble
  • Who wrote the Preamble of India and the date of its adoption
  • Components of Preamble of the Indian Constitution
  • We the people of India
  • Sovereign, Socialist, Secular, Republic, Democratic
  • Sovereign
  • Socialist
  • Secular
  • Democratic
  • Republic
  • Justice, Liberty, Equality and Fraternity
  • Preamble as an aid in interpretation of the Constitution
  • Preamble of the Indian Constitution, different from the Preamble of an Act 
  • Is the Preamble a part of the Constitution
  • The Berubari Union and…. v. Unknown (1960)
  • Kesavananda Bharati v. State Of Kerala and anr. (1973)
  • Amendment to the Preamble
  • 42nd Amendment Act, 1976
  • Interpretation by the Supreme Court
  • Some Facts About Preamble
  • Conclusion

Salient features of the Indian Constitution

Every Constitution is unique in its way. The Indian Constitution was developed in the mid-twentieth century which in a way benefited the making of the Constitution. By this time, various countries across the world had developed their constitutions. This helped the makers to draw a vast amount of knowledge pertaining to various laws, rules, government systems, etc. Analysing these constitutions and understanding what provisions could be taken from various constitutions helped in making our Constitution much better. The influence of different laws from different parts of the world is quite pervasive. Our Constitution in its unique way turned out to be an excellent document having distinctive features. Though we might have taken certain provisions from the Constitutions of other countries, our Constitution has created a separate path, new patterns, and approaches of its own. Let’s have a look at the salient features of the Constitution of India.

Lengthiest written Constitution

Our Constitution is the lengthiest written constitution in the world having detailed provisions pertaining to almost all the important aspects that a democratic country must consider. The original draft of the Constitution consisted of 395 Articles and eight Schedules. 

Elaborate preamble

The preface of the Constitution, i.e., the Preamble, is a very detailed and elaborate document. It does not grant any power, rather it gives a purpose and direction to the Constitution. 

Socialist, welfare and a secular state

The word ‘socialist’ was initially not present in the preamble of the Constitution of India. It was inserted by the 42nd Amendment in 1976. Also, our Constitution establishes India as a welfare state. The Constitution also states that our Country is a secular state, i.e., despite being a country of religion, the Indian Constitution stands for a secular state of India. 

Parliamentary form of government

The Constitution establishes a parliamentary form of Government, both at central and state level. In this system, the executive organ of the government is responsible to the elected legislature. 

Fundamental rights and duties

The Constitution guarantees the people certain rights and these rights are enforceable by law. These fundamental rights are enshrined under Part IV of the Constitution. Apart from this it also confers certain duties and obligations on the people which are enshrined in Part VI-A of the Constitution. 

Federal Structure

The Constitution of India is federal in nature. The Indian Constitution establishes a dual polity, i.e., the government at the central and state level. 

Independent Judiciary

The Constitution of India establishes an independent judiciary, which is free from the other organs of the government. 

A Unique Blend of Rigidity and Flexibility

The amendment procedure of the Constitution is neither very flexible nor is it rigid constitution, leaving zero scope for amendment. The Constitution is a living document having a unique blend of rigidity and flexibility. 

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