2. Preamble cannot be amended because it contains the fundamental features of the Indian constitution.
b) 2 and 3 only
c) 3 only
d) None of the above
- Like any other part of the Constitution, the Preamble was also enacted by the Constituent Assembly, but, after the rest of the Constitution was already enacted.
- The reason for inserting the Preamble at the end was to ensure that it was in conformity with the Constitution as adopted by the Constituent Assembly.
- While forwarding the Preamble for votes, the president of the Constituent Assembly said, ‘The question is that Preamble stands part of the Constitution’.
- The motion was then adopted.
- Hence, the current opinion held by the Supreme Court that the Preamble is a part of the Constitution, is in consonance with the opinion of the founding fathers of the Constitution.
- However, two things should be noted:
1. The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature.
2. It is non-justiciable , that is, its provisions are not enforceable in courts of law
1. No person is to be declared ineligible for inclusion in electoral rolls on grounds of religion, race, caste or sex.
4. Equality of opportunity in the matters of public employment
Choose the correct code-
- The term ‘equality’ means the absence of special privileges to any section of the society, and the provision of adequate opportunities for all individuals without any discrimination.
- There are two provisions in the Constitution that seek to achieve political equality.
- One, no person is to be declared ineligible for inclusion in electoral rolls on grounds of religion, race, caste or sex (Article 325).
- Two, elections to the Lok Sabha and the state assemblies to be on the basis of adult suffrage (Article 326).
- The Directive Principles of State Policy (Article 39) secures to men and women equal right to an adequate means of livelihood and equal pay for equal work.
- Ans- A
3..Which of the following correctly explains the idea of liberty enshrined in the Indian constitution?
- The term ‘liberty’ means the absence of restraints on the activities of individuals, and at the same time, providing opportunities for the development of individual personalities.
- The Preamble secures to all citizens of India liberty of thought, expression, belief, faith and worship, through their Fundamental Rights , enforceable in court of law, in case of violation.
- Liberty as elaborated in the Preamble is very essential for the successful functioning of the Indian democratic system.
- However, liberty does not mean ‘license’ to do what one likes, and has to be enjoyed within the limitations mentioned in the Constitution itself.
- In brief, the liberty conceived by the Preamble or fundamental rights is not absolute but qualified .
4..The term distributive justice in the Indian context comprises of which of the following?
- The term ‘justice’ in the Preamble embraces three distinct forms—social, economic and political, secured through various provisions of Fundamental Rights and Directive Principles.Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on.
- It means absence of privileges being extended to any particular section of the society , and improvement in the conditions of backward classes (SCs, STs and OBCs) and women.
- Economic justice denotes the non-discrimination between people on the basis of economic factors.
- It involves the elimination of glaring in-equalities in wealth, income and property.
- A combination of social justice and economic justice denotes what is known as ‘distributive justice’.
- Political justice implies that all citizens should have equal political rights, equal access to all political offices and equal voice in the government.
- A democratic polity can be classified into two categories— monarchy and republic
- In a monarchy , the head of the state (usually king or queen) enjoys a hereditary position , that is, he comes into office through succession, example Britain.
- In a republic, on the other hand, the head of the state is always elected directly or indirectly for a fixed period, example USA.
- Therefore, the term ‘republic’ in our Preamble indicates that India has an elected head called the president.
- He is elected indirectly for a fixed period of five years.