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OUR PREAMBLE

Guest (Querist) 24 September 2009 This query is : Resolved 
Our Indian Constitution's Preamble says



WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a _1[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the _2[unity and integrity of the Nation];

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

MY QUESTION IS: 1) AS PER OUR PREAMBLE IS THERE ANY SOCIALIST IDEALOGY IN OUR COUNTRY AS THERE ARE RESERVATIONS FOR DIFFERENT CATEGORY COMMUNITIES?

PLEASE CLARIFY.
riven
PARTHA P BORBORA (Expert) 24 September 2009
YES THE IDEA OF NATIONALISATION OF BANK ,INSURENCE AND OTHER MAJOR INDUSTRIES ARE BASED ONSOCIALISTIC IDEOLOGY.riven
Guest (Querist) 24 September 2009
Parthaprotim Borbora ji, not for people of India?riven
Raj Kumar Makkad (Expert) 24 September 2009
socialist word was later on inserted and you know who inserted these words and what was there motive. Better bear these words till someone thinks to review our constitution and comes to the real meaning og inserted words. No word is taken so seriously as you think.riven
Guest (Querist) 24 September 2009
Thank you Raj Kumar Makkad ji. This is our judiciary!riven
Kiran Kumar (Expert) 24 September 2009
i dont fully agree with Mr.Makkad.

if we talk technically or legally it will be wrong to says that no word is being taken so seriously.

rather each and every word of Preamble have been given due respect and necessary interpretation by the Hon'ble SC.

No doubt the word SOCIALIST was added in 42nd amendment of the Constitution of India.

Academically the term Socialism is connected with Communism but Indian Socialism is Democratic Socialism....its more of a mixture of Gandhian and Marxists ideology.

In Samantha v/s State of A.P AIR 1997 SC 3297, Hon'ble SC has held that the term Socialist used in the Preamble must be read from the goals Articles 14,15,16,17,21,23,38,39,46 and all other cognate articles sought to establish; i.e. to reduce inequalities in income and status and to provide equality of opportunity and facilities.....protection of interest of weaker section....secular integrated socialist Bharat with dignity of person and equality of status to all.


u ve raised a thoughtful question and i suppose i need not to explain the answer now, the judgment aforementioned, itself provides a sufficient reply....try to read this judgment.riven
Raj Kumar Makkad (Expert) 24 September 2009
This is no judiciary but political decision. Judiciary is confined only up to the interpretation of constitution.riven
Kiran Kumar (Expert) 24 September 2009
pls read the judgment i referred and the Keshvanad Bharti case of 1971.....the answers will be clear.

judiciary can not act out of legal frame work established under the constitution of India....no doubt judiciary actually interprets but it can struck down any law which violates the basic structure of the Constitution of India....Preamble itself depicts the true picture of Constitution....the reservation policies, even though are being misused now, are in fact in consonnacne with the constitutional provisions and are very much covered with in the ambit of term SOCIALISM.riven
Guest (Querist) 24 September 2009
Kiran Kumar ji as you said "judiciary can not act out of legal frame work established under the constitution of India....no doubt judiciary actually interprets but it can struck down any law which violates the basic structure of the Constitution of India..."

the word Socialism misused by politicians.That is true. Why S.C so far didn't issue any notice to the Central Government for any explanation.riven
Guest (Querist) 24 September 2009
Socialist
The word socialist was added to the Preamble by the 42nd Amendment Act of 1976. It implies social and economic equality for all its citizens. There will be no discrimination on the basis of caste, colour, creed, sex, religion or language. Everybody will be given equal status and opportunities. The government will make efforts to reduce the concentration of wealth in a few hands, and provide a decent standard of living to all.

India has adopted a mixed economic model, and the government has framed many laws to achieve the goal of socialism, such as Abolition of Untouchability and Zamindari Act, Equal Wages Act and Child Labour Prohibition Act.



How far it is correct?riven
Kiran Kumar (Expert) 24 September 2009
dear SC can not act like an Executive or a Legislative Body...policy formation and legislation is not a work of Judiciary.

but it was judiciary which put the cap of maximum resrvation of 50% in toto.

if the Leg and Exe say that the purpose of Socialism is yet not achieved and continuance of reservation policy is still needed then what judiciary can do?

in fact all socialistic schemes are being misused....

the point u ve raised is quite a larger issue....when we have goons ruling us do u feel there can be any social justice or socialism...we people make hue and cry against reservation, u tell me how many of us who feel affected are politically active...are we influencing the policy formation?riven
PARTHA P BORBORA (Expert) 24 September 2009
I STRONGLY SUPPORT THE VIEW OF MR KIRON KUMAR.riven
Raj Kumar Makkad (Expert) 25 September 2009
Rather blaming judiciary of politicians, we advocates shall have to play our role in better way and have to awaken general public as done by our predecessors like Moti lal Nehru, Mahatma Gandhi, Sardar patel etc, who were famous lawyers at that time.
Kiran Kumar (Expert) 25 September 2009
i agree with Mr. Makkad on this point....rather i would say we all shall be committed to our country.

and as far as lawyers are concerned they in fact play a major role in policy formation.

Bhumik Dave (Expert) 26 September 2009
I m fully agreed with Mr. Raj


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