Salient features of the Indian Constitution- The Preamble, FR, FD, DPSP, Parliamentary System, Amendment Procedure

• PREAMBLE-
• It is a short summary of the constitution highlighting its ideals, purpose and stated objectives that it wants to achieve is based on the objectives resolution moved by Nehru in the constituent assembly .
• Practice of writing a preamble started first with US constitution
• in Keshwananda case SC held that Preamble is an integral part of the constitution and the constitution has to be interpreted in the light of noble vision expressed in the preamble.
• Preamble reflects the idea of India, provides the philosophy behind the entire process of formulation of the Constitution. 
• Significance of the preamble-
• SC in Berubari union case 1960 held that Preamble is a key to the minds of constitution makers. wherever there is an ambiguity. It serves as a lighthouse.
• It reveals the source of the authority of the constitution i.e. the people of India (concept of popular sovereignty of Rousseau)in the opening words of it. It tells the nature of Indian state as sovereign, socialist, secular, republic and democratic polity. It specifies the objective of the constitution as justice, liberty, equality and fraternity to its people.
• The independence of India earned through struggle for independence is sought to be emphasized by the use of the word ‘Sovereign’ in the Preamble. 
• The word socialist represents equality in socio-economic spheres 
• Secular’ to reflect the secular nature of Indian society. The word ‘Republic’ in the Preamble indicates that India has an elected head, though indirectly elected, the Indian President is the choice of the people of India. These values are further strengthened by the word ‘Democratic’ in the Preamble.
• justice, liberty, equality and fraternity. Justice-social, economic and political to be secured through the provisions of Fundamental Rights.
• The unity and integrity of the nation is sought to secured by the use of the word ‘Fraternity’ in the Preamble and by the provisions of fundamental duties and single citizenship in the Constitution.
  
  
  
  
• Conclusion: 
• 
  N A Palkhivala, called the Preamble as the ‘identity card of the Constitution.’
• 
  According to K M Munshi, the Preamble is the ‘horoscope of our sovereign democratic republic’.

• FR-
1. Start with definition of rights by Harold laski
2. Most indispensable rights for realization of true democracy
3. These rights prevent state from getting authoritarian 
4. These rights are necessary for he development of constitutional state.
5. These are considered cornerstone of Indian democracy
6. FR is like a landmine for the govt. Govt can't trample upon them.
7. NCRWC
1. Increase scope of article 15,16 to include Non-discrimination based on ethnic or social origin, political opinion, etc
2. Freedom of speech and expression under article 19 should be expanded to include explicitly the freedom of press and other media, the freedom to hold opinions,etc
3. Add new rights
1. Right against torture, cruelty and inhuman treatment
2. Right to speedy justice
3. Right to safe drinking water, prevention of pollution,sustainable development,etc

• FD:
1. Introduced on the recommendation of Swarn Singh committee,1976
2. Commission had recommended to make duties enforceable. But it has been avoided because fundamental duties are enforced only to totalitarian states
3. Criticised as vaguely worded
4. Verma committee, NCRWC believe that govt should create awareness , conducive environment so that citizens observing duties feel proud of themselves.
5. Mahatma Gandhi in his hind swaraj held that rights are inherent in duties performed in embryonic sense
6. SC in AIIMS student union case 2001, said Fundamental duties, as defined in Article 51A, are not made enforceable by a writ of court just as the fundamental rights are, but it cannot be lost sight of that duties in Part IVA - Article 51A are prefixed by the same word fundamental which was prefixed by the founding fathers of the Constitution to rights in Part III.
7. NCRWC
1. FD should be popularized and made effective
2. New FD should be added
1. Duty to vote at elections
2. Pay taxes
3. Foster a spirit of family values and responsible parent hood To ensure well-being of the children
4. Duty of industrial organisations to provide education to children of their employees
8. lines of JFK in conclusion- Ask not what the country can do for you, ask what you can do for your country.

• DPSP -Part IV (Mention some DPSPs in answer)
• The Indian constitution is first and foremost a social document- Granville Austin
• They are the principles that aim at providing social and economic justice and set the path towards the welfare state.
• Inspired from Irish constitution and “instrument of instructions” given in GOI Act,1935
• Granville Austin combinedly defines Fundamental Rights and Directive Principles of State Policy as “Conscience of the Constitution”.
• B.R. Ambedkar defines them as 'novel features' of the Constitution. Said DPSPs don’t have legal sanctions( as they are non enforceable)  but enjoy political sanctions
• has been criticised as going against federal nature. Seen as an attempt by the union to bypass state governments and intervene in their area. SC has said that article 356 could be applied if any state refuses to comply with centre’s direction to implement a DPSP.
• Play major role in achieving SDG targets and in implementation of recommendations of NITI Aayog SFNI@75
• NCRWC
• Heading of part four of the Constitution should be amended to read as directive principles of state policy and action
• A new directive principle on control of population should be added
• An interfaith commission should be established to promote inter-religious harmony and social solidarity
• There must be a body of high status to review the implementation of DPSP
• Conclusion: BR Ambedkar: Political freedom had no meaning unless it was accompanied by social and economic freedom

• FR vs DPSP-
• One wants to achieve political democracy, while the other wants to achieve socio economic democracy.
• One promotes individual rights while the other promotes community rights. It is seen as a conflict between liberal values and Asian values.
• Since india adopted concept of a welfare state which involves both capitalism and socialism, the conflict between FR and DPSP becomes more evident.
• In the words of Habermas, this conflict leads to “legitimation crisis”
• Champakam Dorairajan 1951- All FR superior to DPSP
• Golaknath case 1967- FR can’t  be abridged or diluted
• 25th AA,1971- 14 and 19 < DPSP 31(b) and (c)
• Keshawananda Bharati case- judiciary established a harmony between part III and IV through the doctrine of basic structure
• 42nd AA,1976- 14 and 19 can be subverted to implement any of the DPSP
• Minerva mills case 1980-
• Declared 42AA as unconstitutional
• doctrine of harmonious construction-Indian Constitution is founded on the bedrock of balance between fundamental rights and DPSP. Said that both are like two wheels of a chariot, one no less than the other.
• The FR are not absolute and can be limited for the good of the whole community.
• In terms of balancing FR and DPSP, India has managed to achieve a “sweet spot.”
• The core commitment of the social revolution lies in PARTS III and IV, that is the Fundamental Rights and Directive Principles of State Policy respectively.

• Conclusion: FR, DPSP and preamble constitute the conscience of the constitution- Granvillle Austin