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Preamble
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Preamble of the Indian Constitution
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What functions does the Indian preamble perform
(1) IT CONTAIN S THE ENACTING C L A U S E WHICH BRINGS THE C ONSTITUTION INTO FORCE .
I NFORMS A B O U T DATE O F ADOPTION
(2) IT D E C L A R E S THE RIGHTS AND FREEDOMS WHICH THE P E O P L E O F INDIA INTENDED TO
S E C U R E T O ALL ITS CITIZENS .
(3) IT D E C L A R E S THE NATURE O F INDIAN STATE .
(4)L AYS DOWN O BJECT IVES OF INDIAN CONSTITUTION
(4) IT T H R O W S LIGHT O N THE S O U R C E O F THE C ONSTITUTION , VIZ. THE PEOPLE O F INDIA.
(5) H ELPS IN I NTERPRETATION O F THE CONSTITUTION
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Can the preamble be amended?
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Can the preamble be amended?
SIKRI, C.J., hasobservedinKesavanandaBharati v.Unionof India.
“Itseemstomethat thePreambletoourConstitutionisofextremeimportance
andtheConstitutionshouldbereadandinterpretedinthelight ofthe
grandandnoblevisionexpressedinthePreamble.”
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Concept of separation of powers
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Organization of State in india
Legislature
Executive Judiciary
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We the People of the United States, in Order to form
a more perfect Union, establish Justice, insure
domestic Tranquility, provide for the common defense,
promote the general Welfare, and secure the
Blessings of Liberty to ourselves and our Posterity, do
ordain and establish this Constitution for the United
States of America
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Which one of the following objectives is NOT embodied in
the Preamble to the Constitution of India?
(a) Liberty of thought
(b) Economic liberty
(c) Liberty of expression
(d) Liberty of belief
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The mind of the makers of the Constitution of India is
reflected in which of the following?
(a) The Preamble
(b) The Fundamental Rights
(c) The Directive Principles of State Policy
(d) The Fundamental Duties
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Which one of the following reflects the most appropriate
relationship between law and liberty?
(a) If there are more laws, there is less liberty.
(b) If there are no laws, there is no liberty.
(c) If there is liberty, laws have to be made by the people.
(d) If laws are changed too often, liberty is in danger.
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Which one of the following objectives is NOT embodied in
the Preamble to the Constitution of India?
(a) Liberty of thought
(b) Economic liberty
(c) Liberty of expression
(d) Liberty of belief
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The mind of the makers of the Constitution of India is
reflected in which of the following?
(a) The Preamble
(b) The Fundamental Rights
(c) The Directive Principles of State Policy
(d) The Fundamental Duties
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Absolute majority
It refers to a majority of more than 50% of the total membership of the house. For example,
as the total membership of Lok Sabha is 545, an absolute majority in Lok Sabha means –
50% of 545 plus 1, ie. 273.
Cases, where the absolute majority is used: In the normal business of the Parliament or
State Legislature absolute majority, is not generally used. But this majority is used during
the general election, for the formation of government at Center and States.
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Effective Majority
Effective Majority of the house means more than 50% of the effective strength of the house.
This implies that out of the total strength, we deduct the vacant seats. When the Indian
Constitution mentions “all the then members”, that refers to the effective majority.
Cases where the effective majority is used:
• Removal of Vice-president in RS – Article 67(b).
• Removal of Speaker and Deputy Speaker of Lok Sabha and State Legislative Assembly.
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Simple Majority
This refers to the majority of more than 50% of the members present and voting. This is also
known as functional majority or working majority. The simple majority is the most frequently
used form of majority in Parliamentary business.
Cases where the simple majority is used:
• To pass Ordinary/Money/Financial bills.
• To pass Non-Confidence Motion/Adjournment Motion/Censure Motion/Confidence Motion.
• To declare a financial emergency.
• Election of Speaker/Deputy Speaker of Lok Sabha and State legislatures.
• Constitution Amendment Bill under Article 368 which needs to be ratified by states,
require
only simple majority at State Legislatures
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Special majority as per article 368 requires a majority of 2/3rd members present and voting
supported by more than 50% of the total strength of the house. This type of majority is used for
most of the Constitutional amendment bills. To pass a constitution amendment bill in Rajya
Sabha, in addition to getting the support of 123 members, the bill should be favoured by more
than 2/3rd of the members present and voting.
Cases where special majority as per article 368 is used:
• To pass a constitutional amendment bill which does not affect federalism.
• Removal of judges of SC/HC.
• Removal of CEC/CAG.
• Approval of national emergency requires special majority as per Article 368 in both
houses.
• Resolution by the state legislature for the creation/abolition of Legislative Council (Article
169).
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Amendment procedure of the constitution of India .
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Amendment procedure of the constitution of India .
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Amendment procedure of the constitution of India .
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2.
Part I
Union and its territory
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“Success is not the key to happiness.
Happiness is the key to success.
If you love what you are doing, you will be
successful.”
Jatin Gupta
THANKS!
Anyquestions?
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