Analyse the importance of preamble of the Constitution .
Answers
ANSWER:
Democratic
The term democracy is derived from the Greek word ‘Demo’ which means the people and ‘Kratos’ which means authority. Democracy means government by the people. It is the form of the government in which people elect their representative and indirectly participate in government activities.
Democracy can be direct or indirect. In a direct democracy, every people has the voting power not only in selecting the government but also in changing the constitution. In an indirect democracy, people have a right to vote and select their representative and those representatives represent the citizens in the administration.
Republic
The concept of Republic means the people of the state having the supreme power and they transfer their power to their representative by appointing him as the head of the state. It is completely different from the concept of monarchy, in monarchy the king, the queen then their child becomes the head of the state i.e. hereditary is being followed, but in the concept of a republic, the state is headed by the head of the state elected by the citizen.
In India the head of the state is known as the President who is elected by the people through voting, all the citizen has a right to vote. He is elected for the term of five years.
Justice
The concept of justice was inserted in the preamble to secure its citizens political, social, economic justice. Generally, the term justice means to secure the people from all sorts of inequalities like wealth, opportunity, race, religion etc, and their economic interest like equal work, payment for their works etc.
In Air India Statutory Corporation v. United Labour Union
The court observed that the aim of justice is to secure the political, social, economic interest of the citizen and provide the opportunity and standard of life and allow them to live with dignity.
Liberty
Liberty means Freedom. The term Liberty was included as to secure the freedom of the people of their belief, thought, faith etc. it is essential to provide liberty to the citizen for their personal growth, and restrict the state from unlawful interference in the freedom of the citizen.
Equality
The concept of equality means each and every citizen of the country is equal and the state will work on the concept of equality before the law. Every person should have equal opportunity for work, equality in their status i.e. no discrimination on basis of religion, race, caste, sex etc. it is important for a country to treat its citizen equally for the development of the person and bring the best out of him.
Fraternity
Generally, fraternity means the spirit of brotherhood. The concept of the fraternity was introduced so that people feel that all people of the same soil, the same motherland are their brothers and sisters and are equal in status.
India is the country having diversities based on religion, race, caste so it is important to promote the spirit of brotherhood among them all.
Arguments regarding the status of preamble
Whether preamble is a part of the Constitution?
It has been the matter of argument and discussion that whether the preamble is a part of the constitution or not. There are two cases that provide the idea about the status of the preamble:
Conclusion
The preamble is the introduction to the statutes i.e. introduction to the constitution. A preamble means a declaration made by the legislature with the objective for the passing of the statute and is helpful in the interpretation of any of the statute. The preamble plays a very important role in shaping the destiny of the country.
The only question raised about the scope of the preamble is whether it is the part of the constitution or not? But in Kesavananda Bharti Case, the thirteen judges constitutional bench gave its judgment and declared the preamble is a part of the constitution. The preamble does not grant any power to anyone but it gives the structure on which the constitution stands like, the country should be “Sovereign, Socialist, Secular, Democratic, Republic”, the government should be elected by the people, for the people, and of the people, the real sovereign power should be vested in the people of India, the people should get Justice, Liberty and Equality.
Explanation:
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