Question

"We the people of india". write your own opinion on this topic

Answer 1

heya!! ✌❤✌

here is your answer :

It means people are sovereign. State is a political community. It has a definite territory. If the state is run by a government which is appointed by people, people are sovereign because it is from them it derives its legitimacy. In medieval time govt./rulers/councils used to derive their legitimacy based on divine right to rule or by god’s relation with church and church appointing the monarch. God was true sovereign. When people said we can commune with god without church using scriptures, with church, divine right of kings also took a blow. Now what will the basis of legitimacy? Then came philosophers like hobbes, who gave theory of social contract between people and ruler. Ruler(monarch/parliament) will protect life and property, in exchange ruler can do anything. But it was not very liberal, was it? Besides it was a theoretical justification rather than a political event. Then came the social contract among people, they will form political community, which shall be called state, a constitution will write down rights and responsibilities of each. People can be part of many such communities, such as haryana is a state and india is also a state, haryanavi are part of haryana political community and indian political community. Punjabis don’t decide chief minister of haryana.

We the people mean , people of indian political community, give this constitution to ourselves. And by structure of constitution, it is applicable to state and panchayati raj institutions. This structure is protected by basic structure of constitution doctrine. So we the people represent state as political community as well. Otherwise we the people would only mean people of india.

This is also a hobbesian state, we didn’t sign any contract, tribals on sentinelse island don’t even know anything called india, even if island are part of india and sentenelese part of indian political community. So we the people is also a lie that we tell to ourselves, as long is suits us. When it doesn’t we become naga insurgents or maoists or kashmiri separatists.

We the people is also a line between absolute despotism and total anarchy.

hope it helps!! ❤

Answer 2

There has been different views on the term “we the people of India” used in the preamble. Some advocated that the Constitution is an outcome of Indian Independence Act and not “we the people”. Whereas some countered it by stating that Constitutions are self-created and not a combination of some other laws.

The idea behind the phrase is that the Constitution is a creation of all the people and not a group of people or some older law. The Constituent Assembly which represented the Indian people was not an elected one. Therefore, it signifies the sovereign will of people of India that it is the people of India who are “Sovereign” and not any other organisation like parliament etc as all such are emanated from Constitution itself.

Also, an aura is required to be created around the Constitution so as to make it sacrosanct else it would lead to anarchy.




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