Answer to Question #197424 in Political Science for Asmita

Question #197424

Elucidate the features of Indian constitution.Does the preamble reflect these features

Expert's answer

The preamble explains the nature of the state, the government's structure, the nation's and people's beliefs, and the goals to be reached. The preamble declares the nation's philosophy and government form by using the words sovereign, socialist, secular, democratic, and republic. Sovereignty can be defined as the concept of self-determination and absolute sovereignty over an area and its issues. It symbolizes the concept of a government that is independent of any external foreign force and is directly elected by the people. The term "socialist" alludes to the country's social and economic equality. In 1976, the 42nd amendment was added to the Constitution. The concept aspires for the government to realize socialist ideals through a democratic function. From the beginning, India has embraced the concept of a welfare state. To achieve distributive fairness in society, it is necessary to guarantee that a country's wealth is regulated rather than concentrated. As a result, India has adopted the mixed economy approach. It also focuses on the abolition and eradication of all forms of discrimination in society. The term secular implies that no one would be discriminated against because of their religious beliefs. The state will have no religion, and all religions will be treated equally. It is based on the concept of positive secularism. A democratic government is one in which the people elect the government. It expresses the concept of government by the people, for the people.

The Berubari and Kesavanand Bharti cases are two of the most noteworthy in this regard. The eight-judge court in Berubari decided that the preamble is not a component of the constitution and that it is not a source of power for the government. The preamble is a part of the Constitution, and the preamble plays a significant role in the interpretation of the statute and its provisions, according to the Kesavanand case. The Indian Constitution's preamble serves as a guiding beacon, outlining rights, responsibilities, and values. It is extremely important in the event of any ambiguity regarding the interpretation of any term. The preamble embodies the ethos of a free nation. It has a lot of legal ramifications. It is a key to the framers of the Constitution, even if it cannot be seen as a source of power for the people.

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