Q) Preamble is a part of Indian Constitution, Comment? — 2008,G-I
Ans:
Preamble of Indian Constitution consists of Fundamental Values and Philosophy, on which our entire constitution is based.
It consists of Key values like Sovereignty, Socialist, Secular, Democratic, Republic, Justice, Liberty, equality and Fraternity, which are guiding principles in our polity.
Berubari Case:- Because of lack of proper definition and expression of these terms in the constitution, Supreme Court(SC) observed that Preamble is nt a part of the constitution.
But later, SC observed reversed its position in Sajjan Singh Case and Keshwananda Bharati Case.
Keshwananda Bharati Case:- In this case, SC observed in the following way with respect to preamble —
- Preamble is “extremely important and constitution should be read in the light of the grand vision expressed in the preamble”.
- “Any Provisions of the constitution shall be amended under the article 368 only within in the broad contours of preamble and of the constitution”.
- Preamble cannt be amended as it falls under the Doctrine of basic structures. For example, 42nd amendment enriched it by adding social, secular and Unity terms.
As the Preamble is broadly discussed, debated, duly enacted and adopted by the constituent assembly and as It is also standing as the guiding light for the objectives to be achieved in the constitution, SC further reiterated that Preamble is an integral part of Indian Constitution in Bommai Vs Union of India case.
Q) The Constitution postulates in its preamble that india shall be secular republic. What are the constitutional provisions consistent with this declaration? —2011,G-I
Ans:-
“Secular republic doesnt declare any religion as a religion of a state. It doesnt promote any religion at the expense of other and promotes harmony within and outside the religion.” — Jawaharlal Nehru.
Characteristics of Secular Republic:-
- It doesnt favour Majority communalism
- It doesnt favour the inter-religious and Intra-religious domination
- It propagates the freedom of religion
- It propagates the equality between and within the religions. —> Gender Justice
Constitutional provisions w.r.t. Secularism:-
Article 14:- Equality Before the law and equal protection of the laws. This article promotes the equality between the individuals and religious groups.
Article 15:- State shall nt discriminate anybody on the basis of religion, race, caste, sex and place of birth.
Article 19:- Freedom of expression, through which one or religious community express their religious views.
Article 25-28:- Freedom to profess, practice and propagate the religion.
Article 29:- Secular republic promotes the culture, script or language of any citizen residing within territory of India.
Article 30:- All minorities can establish educational institutions of their choice. Such educational institutions not only promotes the culture but also unity and integrity of the nation.
These are the some of the constitutional provisions that are consistent with phrase “Secular Republic”. These article are nt only propagating the secularism, it also promotes the peace, security, harmony within and outside the religion and unity and integrity of the nation.