Preamble to Indian Constitution.

 

Preamble to the Indian Constitution

Preamble of Indian ConstitutionThis post, Preamble to the Indian Constitution, is a part of our new ambitious article series on Indian Constitution and Polity, covering all the important topics from Article 1 to Article 395.

We have already published a mega-post listing all the articles (1-395) of the Constitution of India arranged under their respective chapters and parts.

In the coming posts, we plan to elaborate on each sub-topic. Our basis of discussion will be the Constitution of India.

Each post will discuss articles taken from Constitution first.  Their explanations, questions and concepts follow in the later part of each post. Aspirants are advised to revisit each of the coming posts time and time again, as we may update posts with current events related to the Indian Constitution.

We hope this article series greatly benefit all aspirants to prepare well for Prelims and Mains under our Prelims cum Mains Integrated approach. So let’s start well with the Preamble

The preamble to the Indian Constitution

The preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose, principles and philosophy of the constitution. The preamble gives an idea about the following : (1) the source of the constitution, (2) the nature of the Indian state (3) a statement of its objectives and (4) the date of its adoption.

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.


 

Source of the Constitution

We, the people of India.

The phrase “We the people of India” emphasises that the constitution is made by and for the Indian people and not given to them by any outside power.

It also emphasizes the concept of popular sovereignty as laid down by Rousseau: All the power emanates from the people and the political system will be accountable and responsible to the people.

Nature of Indian state

  1. Sovereign: India is internally and externally sovereign – externally free from the control of any foreign power and internally, it has a free government that is directly elected by the people and makes laws that govern the people. No external power can dictate the government of India.
  2. Socialist: “Socialism” is an economic philosophy where means of production and distribution are owned by the State. India adopted Mixed Economy, where apart from the state, there will be private production too. Socialism as a social philosophy stresses more on societal equality.
  3. Secular: Features of secularism as envisaged in the Preamble is to mean that the state will have no religion of its own and all persons will be equally entitled to the freedom of conscience and the right freely to profess, practice and propagate the religion of their choice. (S R Bommai and Others v Union of India, AIR 1994 SC 1918)
  4. Democratic: Indicates that the Constitution has established a form of government that gets its authority from the will of the people. The rulers are elected by the people and are responsible to them.
  5. Republic: As opposed to a monarchy, in which the head of state is appointed on the hereditary basis for a lifetime or until he 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.

Objectives of Indian State

  1. Justice: Social, Economic and Political.
  2. Equality: of status and opportunity.
  3. Liberty: of thought, expression, belief, faith and worship
  4. Fraternity (=Brotherhood): assuring the dignity of the individual and the unity and integrity of the nation.

Date of its adoption

The date of adoption of the Constitution is 26th November 1949.  But most of the articles in the Constitution came into force on January 26th, 1950. Those articles which came into existence on 26th November 1949 is given by Article 394.

Article 394 states that this article (394) and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January 1950, which day is referred to in this Constitution as the commencement of this Constitution.

26 January was selected for this purpose because it was this day in 1930 when the Declaration of Indian Independence (Purna Swaraj) was proclaimed by the Indian National Congress.

Info Bits related to Preamble of Indian Constitution

  • Who was the Calligrapher of the Indian Constitution: Prem Behari Narain Raizada (1901–1966) was the calligrapher who hand-wrote the Constitution of India.
  • Who was the chief artist behind the illustration of the original Indian Constitution: Nandalal Bose took up the historic task of beautifying/decorating the original manuscript of the Constitution of India. He was assisted by his disciple Beohar Rammanohar Sinha.
  • Who designed and decorated the Preamble page of the Indian Constitution: 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.
  • Supreme Court of India has, in the Kesavananda case, recognised that the preamble may be used to interpret ambiguous areas of the constitution where differing interpretations present themselves. (In the 1995 case of Union Government Vs LIC of India also the Supreme Court has once again held that Preamble is an integral part of the Constitution.
  • As originally enacted the preamble described the state as a “sovereign democratic republic”. In 1976 the Forty-second Amendment changed this by adding words socialist and secular to read “sovereign socialist secular democratic republic”.

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Indian Constitution

 

Indian Constitution

The below-mentioned posts follow the same order of the Constitution of India and hence we strongly suggest all aspirants follow the same for easy comprehension. Then build your concepts with respect to the three organs of


the state, ie Executive, Legislature and Judiciary by reading the posts below.

Articles of Indian Constitution which must know by everyone.

 Which are the must-know articles of the Indian Constitution?



Original Indian Constitution, when adopted by Constituent Assembly in 1949, had 395 articles and 22 parts. Many other articles and three other parts were added to it by subsequent constitutional amendments. As of now, the Indian constitution has about 450 articles in 25 parts.


In this post, let’s learn the must-know articles of the Indian Constitution.


Must-Know Articles of Indian Constitution

It’s not expected from a UPSC aspirant to by-heart all articles in Indian Constitution. But he/she is expected to have a fair idea about the nature and salient features of the Indian Constitution like Federalism, Separation of Powers, Fundamental Rights etc.



Article 12 –35

Specify the Fundamental Rights available

Article 36-51

Specify the Directive Principles of state policy

Article 51A

Specifies the Fundamental Duties of every citizen

Article 80

Specifies the number of seats in the Rajya Sabha

Article 81

Specifies the number of seats in the Lok Sabha

Article 343

Hindi as official language

Article 356

Imposition of President’s Rule in states

Article 370

Special status to Kashmir

Article 395

Repeals India Independence Act and Government of India Act, 1935

Other Important Articles of the Indian Constitution

While learning, take a special note on the below articles.


Part 1 – Art. 1 to art. 4

Article 1- Name and territory of the union.

Article 2 – Admission and Establishment of the new state.

Article 3 – Formation of new states and alteration of areas, boundaries, and the name of existing states.

Part 2 – Art. 5 to art. 11

Article 5 – Citizenship at the commencement of the constitution.

Article 6- Rights of citizenship of a certain person who has migrated to India from Pakistan.

Article 10- continuance of rights of citizenship.

Article 11- Parliament to regulate the right of citizenship by law.

Part 3 – Art.12 to art.35

Article 12- Definition of the state

Article 13 Laws inconsistent with or in derogation of the fundamental rights.

Originally, the constitution provided for 7 basic fundamental rights, now there are only six rights, one Right to property U/A 31 was deleted from the list of fundamental rights by 44th amendment act 1978. It made a legal right U/A 300-A in Part XII of the constitution.

Some important Fundamental Rights are:


RIGHT TO EQUALITY: ART. 14 TO ART. 18

Article 14- Equality before the law.

Article 15- Prohibition of discrimination on the grounds of religion, race, caste, sex. Or place of birth.

Article 16- Equality of opportunity in matters of public employment.

Article 17- Abolition of the untouchability.

Article 18- Abolition of titles

RIGHT TO FREEDOM: ART. 19 TO ART. 22

Art.19 guarantees to all the citizens the six rights

· (a) Right to freedom of speech and expression.

· (b) Right to assemble peacefully and without arms.

· (c) Right to form associations or unions.

· (d) Right to move freely throughout the territory of India.

· (e) Right to reside and settle in any part of the territory of India.

· (f) Right to practice any profession or to carry on any occupation, trade, and business.

Article 20- Protection in respect of conviction for offences.

Article 21-Protection of life and personal liberty.

Article 21A –  Right to education

Article 22- Protection against arrest and detention in certain cases.

RIGHT AGAINST EXPLOITATION: ART.23 & ART. 24

Article 23- Prohibition of traffic in human beings and forced labour.

Article 24- Prohibition of employment of children in factories and mines under age of 14.

RIGHT TO FREEDOM OF RELIGION: ART.25 TO ART. 28

Article 25- Freedom of conscience and free profession, practice and propagation of religion.

Article 26- Freedom to manage religious affairs.

Article 27- Freedom as to pay taxes for promotion of any particular religion.

Article 28- Freedom from attending religious instruction.

CULTURAL AND EDUCATIONAL RIGHTS: ART.29 & ART. 30

Article 29- Protection of interest of minorities.

Article 30- Right of minorities to establish and administer educational institutions.

Article 32- Remedies for enforcement of Fundamental Rights.

Part.4 Directive Principal of states Policy: Art 36 to art. 51

Article 36- Definition

Article 37- Application of DPSP

Article 39A- Equal justice and free legal aid

Article 40- Organisation of village panchayat

Article 41- Right to work, to education, and to public assistance in certain cases

Article 43- Living Wages, etc. for Workers.

Article 43A- Participation of workers in management of industries.

Article 44- Uniform civil code.( applicable in Goa only)

Article 45- Provision for free and compulsory education for children.

Article 46- Promotion of educational and economic interest of scheduled castes, ST, and OBC.

Article 47-Duty of the state to raise the level of nutrition and the standard of living and to improve public health.

Article 48-Organisation of agriculture and animal husbandry.

Article 49- Protection of monuments and places and objects of natural importance.

Article 50- Separation of judiciary from the executive.

Article 51- Promotion of international peace and security.

Fundamental Duties: Part IV-A- Art 51A

It contains, originally 10 duties, now it contains 11 duties by 86th amendments act 2002.


Part 5 – Union ( 52-151)

Article 52- The President of India

Article 53- Executive Power of the union.

Article 54- Election of President

Article 61- Procedure for Impeachment of the President.

Article 63- The Vice-president of India.

Article 64- The Vice-President to be ex-officio chairman the Council of States.

Article 66-Election of Vice-president.

Article 72-Pardoning powers of President.

Article 74- Council of Ministers to aid and advise the President.

Article 76- Attorney-General for India.

Article 79- Constitution of Parliament

Article 80- Composition of Rajya Sabha.

Article 81- Composition of Lok Sabha.

Article 83- Duration of Houses of Parliament.

Article 93- The speakers and Deputy speakers of the house of the people.

Article 105- Powers, Privileges, etc of the House of Parliament.

Article 109- Special procedure in respect of money bills

Article 110- Definition of “Money Bills”.

Article 112- Annual Financial Budget.

Article 114-Appropriation Bills.

Article 123- Powers of the President to promulgate Ordinances during recess of parliament.

Article 124- Establishment of Supreme Court.

Article 125- Salaries of Judges.

Article 126- Appointment of acting Chief justice.

Article 127- Appointment of ad-hoc judges.

Article 128-Attendance of a retired judge at sitting of the Supreme Court.

Article 129- Supreme court to be a court of Record.

Article 130- Seat of the Supreme court.

Article 136- Special leaves for appeal to the Supreme Court.

Article 137- Review of judgement or orders by the Supreme court.

Article 141-Decision of the Supreme Court binding on all the courts.

Article 148- Comptroller and Auditor- General of India

Article 149- Duties and Powers of CAG.

Part 6 – States ( 152-237)

Article 153- Governors of State

Article 154- Executive Powers of Governor.

Article 161- Pardoning powers of the Governor.

Article 165- Advocate-General of the State.

Article 213- Power of Governor to promulgate ordinances.

Article 214- High Courts for states.

Article 215- High Courts to be a court of record.

Article 226- Power of High Courts to issue certain writs.

Article 233- Appointment of District judges.

Article 235- Control over Sub-ordinate Courts.

Part 7 – 238 – Repealed

Part 8 – 239-242 – Union Territories

Part 9 – 243-243 O – Panchayats

Article 243A- Gram Sabha

Article 243B- Constitution of Panchayats

Part 9A – 243 P-243 ZG – Municipalities

Part 9B – 243 ZH-243 ZT- Co-operative Societies

Part 10: Scheduled and Tribal Areas -244

Part 11: Center- State Relations 245 – 263

Part 12: Finance, Property, Contracts and Suits (264 – 300A)

Article 266- Consolidated Fund and Public Accounts Fund

Article 267- Contingency Fund of India

Article 280- Finance Commission

Article 300-A- Right to property.

Part 13: Trade, Commerce and Intercourse within the territories of India (301-307)

Article 301-Freedom to trade, commerce, and intercourse.

Article 302- Power of Parliament to impose restrictions on trade, commerce, and intercourse.

Part 14: Services Under Center and State (308-323)

Article 312- All- India-Service.

Article 315- Public service commissions for the union and for the states

Article 320- Functions of Public Service Commission.

Part 14A: Tribunals (323 A – 323 B)

Article 323A- Administrative Tribunals

Part 15 : Elections (324 – 329)

Article 324-Superintendence, direction and control of Elections to be vested in an Election Commission.

Article 325- No person to be ineligible for inclusion in or to claim to be included in a special, electoral roll on grounds of religion, race, caste, or sex.

Article 326- Elections to the house of the people and to the legislative assemblies of states to be on the basis of adult suffrage.

Part 16: Special Provisions to SC, ST, OBC, Minorities etc (330 -342)

Article 338- National Commission for the SC, & ST.

Article 340- Appointment of a commission to investigate the conditions of backward classes.

Part 17: Official Language (343- 351)

Article 343- Official languages of the Union.

Article 345- Official languages or languages of states.

Article 348- Languages to be used in the Supreme Court and in the High Courts.

Article 351-Directive for development of the Hindi languages.

Part 18: Emergency (352-360)

Article 352- Proclamation of emergency ( National Emergency).

Article 356- State Emergency (President’s Rule)

Article 360- Financial Emergency

Part 19: Miscellaneous (361-367)

Article 361- Protection of President and Governors

Part 20: Amendment of Constitution (368)

Article 368- Powers of Parliaments to amend the constitution.

Part 21: Special, Transitional and Temporary Provisions (369 – 392)

Article 370 – Special provision of J&K.

Article 371A –  Special provision with respect to the State of Nagaland

Article 371-J: Special Status for Hyderabad-Karnataka region

Part 22: Short Text, Commencement, Authoritative Text in Hindi and Repeals (392 – 395)

Article 393 – Short title – This Constitution may be called the Constitution of India.



Statistical analysis of Psychology & Public Administration together for mains

 

Statistical analysis of Psychology & Public Administration together for mains



Optional subjects: scoring, popularity and benefits. Here is my analysis of civil services examination 2009 final result. 


v Analysis of Psychology & Public Administration: CSE-2009:

All India Rank
Psychology
Public Administration
AIR – 01
350
343
AIR – 05
381
318
AIR – 07
328
347
AIR – 08
373
374
AIR – 09
362
353
AIR – 16
344
324
AIR – 18
316
349
TABLE: 01

TABLE 01: shows “07 CANDIDATES” Marks who were in TOP 20 in CSE-2009 with Psychology & Public Administration together.


Ø  Other Candidate’s Marks who were in TOP 50 with Psychology subject are:


All India Rank
Psychology
AIR – 02
360
AIR – 06
319
AIR – 13
341
AIR – 14
284
AIR – 21
348
AIR – 27
337
AIR – 28
357
AIR – 44
381
TABLE: 02

TABLE 02: shows “08 CANDIDATES” with Psychology subject who made to TOP 50 + TABLE 01: shows “07 CANDIDATES” who made to TOP 10, so altogether "15 CANDIDATES" made to TOP 50.


Ø  Other Candidate’s Marks who were in TOP 50 with Public Administration subject are:
  


All India Rank
Public Administration
AIR – 10
356
AIR – 22
379
AIR – 25
293
AIR – 26
324
AIR – 39
350
AIR – 40
373
AIR – 41
322
AIR – 42
355
AIR – 43
339
AIR – 45
317
AIR – 46
364
AIR – 49
335
TABLE: 03

TABLE 03: shows “12 CANDIDATES” with Public Administration subject who made to TOP 50 TABLE 01: shows “07 CANDIDATES” who made to TOP 10,  so altogether "19 CANDIDATES" made to TOP 50.

CONCLUSION: you can choose both these subjects from scoring perspective without hesitation. So here comes Age old Wisdom: Psycho & Pub.ad are best for a newbie.