Preamble To The Constitution Of India
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Preamble To The Constitution Of India
The Preamble of the Constitution of India presents the principles of the Constitution and indicates the sources of its authority It was adopted on 26 November 1949 by the Constituent Assembly and came into effect on 26 January 1950, celebrated as the Republic Day of India. It was amended during Indian emergency by Indira Gandhi where the words "socialist" and "secular" were added. Text Historical background The preamble is based on the Objectives Resolution, which was drafted and moved in the Constituent Assembly by Jawaharlal Nehru on 13 December 1946 accepted on 22 January 1947 and adopted by the Constituent Assembly on 26 November 1949, coming into force on 26 January 1950. B. R. Ambedkar said about the preamble: It was, indeed, a way of life, which recognizes liberty, equality, and fraternity as the principles of life and which cannot be divorced from each other: Liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor can liberty and e ...
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Constitution Of India
The Constitution of India ( IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble. Parliament cannot override the constitution. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony, its framers repealed prior acts of the British parli ...
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Monarchy
A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic ( constitutional monarchy), to fully autocratic (absolute monarchy), and can expand across the domains of the executive, legislative, and judicial. The succession of monarchs in many cases has been hereditical, often building dynastic periods. However, elective and self-proclaimed monarchies have also happened. Aristocrats, though not inherent to monarchies, often serve as the pool of persons to draw the monarch from and fill the constituting institutions (e.g. diet and court), giving many monarchies oligarchic elements. Monarchs can carry various titles such as emperor, empress, king, queen, raja, khan, tsar, sultan, shah, or pharaoh. Monarchies can form federations, personal unions and realms with vassals through personal association with t ...
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Sovereign
''Sovereign'' is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin , meaning 'above'. The roles of a sovereign vary from monarch, ruler or head of state to head of municipal government or head of a chivalric order. As a result, the word ''sovereignty'' has more recently also come to mean independence or autonomy. Head of state The word ''sovereign'' is frequently used synonymously with monarch. There are numerous titles in a monarchical rule which can belong to the sovereign. The sovereign is the autonomous head of the state. Examples of the various titles in modern sovereign leaders are: Chivalric orders The term ''sovereign'' is generally used in place of "grand master" for the supreme head of various orders of European nations. In the Sovereign Military Order of Malta, the Grand Master is styled "Sovereign", e.g. Sovereign Grand Master, due to its status as an intern ...
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Basic Structure Doctrine
The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Malaysia, Pakistan, and Uganda. It was developed by the Supreme Court of India in a series of constitutional law cases in the 1960s and 1970s that culminated in ''Kesavananda Bharati v. State of Kerala'', where the doctrine was formally adopted. Bangladesh is perhaps the only legal system in the world which recognizes this doctrine with an expressed, written and rigid constitutional manner through article 7B of its Constitution. In ''Kesavananda'', Justice Hans Raj Khanna propounded that the Constitution of India has certain ''basic features'' that cannot be altered or destroyed through amendments by the Parliament of India. Key among these "basic features", as expounded by Justice Khanna, are the fundamental rights guaranteed to individuals by the constitution. ...
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Forty-second Amendment Of The Constitution Of India
The 42nd amendment, officially known as The Constitution (Forty-second amendment) Act, 1976, was enacted during the Emergency (25 June 1975 – 21 March 1977) by the Indian National Congress government headed by Indira Gandhi. Most provisions of the amendment came into effect on 3 January 1977, others were enforced from 1 February and Section 27 came into force on 1 April 1977. The 42nd Amendment is regarded as the most controversial constitutional amendment in history. It attempted to reduce the power of the Supreme Court and High Courts to pronounce upon the constitutional validity of laws. It laid down the Fundamental Duties of Indian citizens to the nation. This amendment brought about the most widespread changes to the Constitution in its history. Owing to its size, it is nicknamed as the ''Mini-Constitution''. Many parts of the Constitution, including the Preamble and constitution amending clause itself, were changed by the 42nd Amendment, and some new articles and secti ...
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The Emergency (India)
The Emergency in India was a 21-month period from 1975 to 1977 when Prime Minister Indira Gandhi had a state of emergency declared across the country. Officially issued by President Fakhruddin Ali Ahmed under Article 352 of the Constitution because of prevailing "internal disturbance", the Emergency was in effect from 25 June 1975 to its withdrawal on 21 March 1977. The order bestowed upon the Prime Minister the authority to rule by decree, allowing elections to be cancelled and civil liberties to be suspended. For much of the Emergency, most of Gandhi's political opponents were imprisoned and the press was censored. Several other human rights violations were reported from the time, including a mass campaign for vasectomy spearheaded by her son Sanjay Gandhi. The Emergency is one of the most controversial periods of Indian history since its independence. The final decision to impose an emergency was proposed by Indira Gandhi, agreed upon by the President of India, and ratified ...
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Socialism
Socialism is a left-wing economic philosophy and movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to private ownership. As a term, it describes the economic, political and social theories and movements associated with the implementation of such systems. Social ownership can be state/public, community, collective, cooperative, or employee. While no single definition encapsulates the many types of socialism, social ownership is the one common element. Different types of socialism vary based on the role of markets and planning in resource allocation, on the structure of management in organizations, and from below or from above approaches, with some socialists favouring a party, state, or technocratic-driven approach. Socialists disagree on whether government, particularly existing government, is the correct vehicle for change. Socialist systems are divided into non-market an ...
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Secularity
Secularity, also the secular or secularness (from Latin ''saeculum'', "worldly" or "of a generation"), is the state of being unrelated or neutral in regards to religion. Anything that does not have an explicit reference to religion, either negatively or positively, may be considered secular. Linguistically, a process by which anything becomes secular is named ''secularization'', though the term is mainly reserved for the secularization of society; and any concept or ideology promoting the secular may be termed ''secularism'', a term generally applied to the ideology dictating no religious influence on the public sphere. Definitions Historically, the word ''secular'' was not related or linked to religion, but was a freestanding term in Latin which would relate to any mundane endeavour. However, the term, saecula saeculorumsaeculōrumbeing the genitive plural of saeculum) as found in the New Testament in the Vulgate translation (circa 410) of the original Koine Greek phrase ('' ...
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Republic
A republic () is a " state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th centuries, the term was used to imply a state with a democratic or representative constitution (constitutional republic), but more recently it has also been used of autocratic or dictatorial states not ruled by a monarch. It is now chiefly used to denote any non-monarchical state headed by an elected or appointed president. , 159 of the world's 206 sovereign states use the word "republic" as part of their official names. Not all of these are republics in the sense of having elected governments, nor is the word "republic" used in the names of all states with elected governments. The word ''republic'' comes from the Latin term ''res publica'', which literally means "public thing", "public matter", or "public affair" and was used to ref ...
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Democracy
Democracy (From grc, δημοκρατία, dēmokratía, ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which the people have the authority to deliberate and decide legislation (" direct democracy"), or to choose governing officials to do so (" representative democracy"). Who is considered part of "the people" and how authority is shared among or delegated by the people has changed over time and at different rates in different countries. Features of democracy often include freedom of assembly, association, property rights, freedom of religion and speech, inclusiveness and equality, citizenship, consent of the governed, voting rights, freedom from unwarranted governmental deprivation of the right to life and liberty, and minority rights. The notion of democracy has evolved over time considerably. Throughout history, one can find evidence of direct democracy, in which communities make decisions through popular assembly. Today, the domi ...
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Sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the person, body, or institution that has the ultimate authority over other people in order to establish a law or change an existing law. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. ''De jure'' sovereignty refers to the legal right to do so; ''de facto'' sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that ''de jure'' and ''de facto'' sovereignty exist at the place and time of concern, and reside within the same organization. Etymology The term arises from the unattested Vulgar Latin's ''*superanus'', (itself derive ...
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