Constitution of India - Sources and Preamble of the Constitution

Sources of the Indian Constitution

The main source of the Indian Constitution is the Government of India Act 1935, in which many provisions and laws of the English system of governance are still applicable. Nevertheless, the Constituent Assembly did not hesitate to implement the main and successful provisions of the Constitution of other countries, which shows that the Constituent Assembly abandoned its narrow mindedness and arrogance for the creation of a new India. In the present Indian Constitution There are 22 parts, 395 articles, and 12 schedules. Dr. Bhimrao Ambedkar was elected from West Bengal in the Constituent Assembly.

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Following Are Some of The Major Provisions Adopted From Other Countries in The Indian Constitution –

• From Britain – Parliamentary Form of Government, Decision of victory in elections on the basis of most votes, Rule of Law, Process of Law Making, Right to Equality before Laws, Single Citizenship, Parliamentary Privileges.
• From America – Supremacy of Constitution, Elected President and Impeachment, Office of Vice President, Fundamental Rights, Independent Judiciary and Power of Judicial Review, Financial Emergency Provisions, Equal Protection of Laws.
• From France – principles of liberty, republic, equality and fraternity.
• From Ireland – Policy – Directive Principles, System of Electoral College of the President, Nomination in Rajya Sabha, Emergency.
• From Canada – Strong centre, semi-federal government, appointment of governor and governor by the president, doctrine of residuary powers.
• From Australia – Preamble, distribution of powers between Center and State, provision of concurrent list.
• From South Africa – Constitutional Amendment Process
• From Germany – President's powers during emergency.
• From Russia - Fundamental Duties.
• From Japan – procedure established by law.

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Objective

We, the People of India, having resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC, and to all its citizens :

Social, Economic and Political Justice,

Thought, Expression, Belief Religion

and Freedom of Worship,

Equality of Status and Opportunity

to Get

and in all of them

Dignity of the individual and Unity and Integrity of the Nation

Guaranteeing Fraternity

to Increase

With Determination in this Constituent Assembly, this day, 26th November, 1949 AD (Miti Margashirsha Shukla Saptami, Samvat two thousand six Vikrami) do hereby adopt, enact and give to ourselves this Constitution.

………………………………………………………………

Public Accounts Committee

Main point -

• The words social, economic and political justice have been taken from the Russian Revolution (1917) in the Preamble.
• The words liberty, equality and fraternity in the preamble are taken from the French Revolution (1789-99).

Some Amendments Were Made in The Above Preamble Which are as Follows –

• The words socialist and secular were added by the 42nd constitutional amendment in 1976.
• By the 42nd Constitutional Amendment in 1976, 'Unity of the Nation' was replaced by 'Unity and Integrity of the Nation'.

The Preamble is the gift of India, which shows the entire ideal and goal of the Indian Constitution. It was presented by Pandit Jawaharlal Nehru before the Constituent Assembly on 13 December 1946 and it was accepted by the Constituent Assembly on 22 January 1947. KM Munshi called it "political horoscope". The motive has been called the soul of the constitution and the key to the mind of the constitution makers. But Dr. Bhimrao Ambedkar called the right to constitutional remedies the soul and heart of the constitution. The Supreme Court has described the Preamble as the basic soul of the Constitution, immutable and eternal.

Murals at theVeerata Chakra of the National War Memorial

Explanation Of The Preamble : -

1. We the people of India – This means that the citizens of India are the original source of the constitution and the central point of all the powers.
2. Complete Sovereign - This means that India will not be under any foreign influence, power and control, that means it will be free.
3. Socialism – It means to remove socio-economic disparity in the society.
4. Secular - This means that the Government of India will not have any religious sect of its own. Citizens of India will have the right to religious worship as per their wish, that is, every person of India has been given the right to religious freedom by the Indian Constitution, which is Article 25 - 28. are described in
5. Democracy – Parliamentary democracy has been adopted in the Indian Constitution, that is, rule of the people. Under this, every citizen of India who is above 18 years of age will get the right to vote without discrimination on the basis of caste, religion, gender, color, location, economic prosperity etc.
6. Republic - This means that the head of state of India will not be hereditary but will be elected by the citizens of India. Under this, the supreme power of the state will be vested in the public and all citizens will be equal in the eyes of law and order.
7. Social, Economic And Political Justice - Social justice means that all citizens will not be discriminated on the basis of birth, origin, race, caste, religion, gender etc. Everyone will be treated equally. Economic justice means that there will be no discrimination between the rich and the poor, that is, they will be treated equally. Under political justice, all citizens will have the right to participate in political processes without discrimination on the basis of caste, religion, race or place of birth.
8. Freedom – According to this, every person will be free, that is, every citizen will have the right to his language, expression, thought, religion and worship.
9. Equality – This means that every citizen of India shall have the right to equality of status and opportunity. Every citizen shall be considered equal before the law.
10. Dignity of The Individual – Under this, the dignity of every citizen has been taken care of, that is, there has been a demand to enact appropriate laws to remove high-low, caste-caste, untouchability.
11. Unity And Integrity of The Nation – Under this, it has been said to maintain unity among all the citizens.
12. Fraternity – It refers to maintaining brotherhood among all the citizens of India, developing the feeling of oneness of all of them. Only then our nation will be one, unbroken.

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Statement Related to The Objective -

1. The nature of the motive is not justifiable.
2. The preamble is considered the 'soul of the constitution' and the 'key to the mind' of the framers of the constitution.
3. Objectives represent our dreams and thoughts. Sir Alladi Krishnaswamy Iyer
4. The preamble is the birth chart or birth chart of our sovereign democratic republic. – KM Munshi
5. If the constitution is the body, then the preamble is its soul; Preamble is the foundation stone, then the constitution stands on it. Subhash Kashyap
6. Constitution is a sacred document. — Dr. B. R. Ambedkar
7. Dr. BR Ambedkar has considered the 'right to constitutional remedies' as the soul and heart of the constitution.
8. In Inri Berubari (1960), the Supreme Court did not hold the Preamble to be a part of the Constitution, while in Kesavananda Bharati v. State of Kerala (1973), the Supreme Court reversed its earlier decision and held it to be a part of the Constitution.
9. In the case of Golaknath vs. State of Punjab, the Preamble was called the 'Basic Soul of the Constitution'.
10. The Indian Constitution strikes a fine balance between the more rigid and the more flexible – K. C. Weir
11. Indian constitution is quasi federal – K. C. Weir
12. The Indian Constitution has not been molded into the tight framework of federalism. B. R. Ambedkar
13. Indian federalism is cooperative federalism — G. Austin

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