Summary

Polity Class 06

A brief overview of the previous class [17:00:00]

Justice: Social, economic, and Political [17:02:00]

This was included in the preamble as Indian society is characterized by many inequalities which ultimately has resulted in the exploitation of these sections of societies in the name of traditions and customs
Social justice emphasizes on equal treatment of all citizens irrespective of their caste, color, ethnicity, gender, religion, language, religion, and so on. It also means that the state will not extend any privileges to any section of society. The state will also work towards the empowerment of socially disadvantaged sections of society.
Economic justice- The state will not discriminate against people on the basis of their economic conditions and the state will also work towards empowering weaker and poorer sections of society by focusing on their education, health, and infrastructure. One of the important objectives of the socialistic pattern of society is to remove widening inequalities in the distribution of income and wealth
Political justice- The success of any democracy depends on the ability of the state to protect and promote political freedoms and rights of citizens. In India, it is ensured through freedom given to people to express their opinions to vote in elections, and also to contest elections
[* When we can overcome this caste discrimination?- economic growth can automatically lead to decline in discrimination + Political access]

Liberty [17:28:00]

Liberty means the absence of restraints or limitations on the activities of individuals
It also means providing opportunities for individuals to develop themselves
Preamble secures to all citizens of India liberty of thought, expression, belief, faith, and worship.
[* Beleif- is more democratic in nature. One can believe in capitalism and one can believe in socialism. So Beleif allows democratic choices.
Faith- is much more rigid. ]
[* Freedom is individual liberty. Liberty is at the societal level]
Liberty of individuals is essential for the effective functioning of democracies. Individuals should be given complete freedom to think, to say, and to act but at the same time, it must be remembered that this liberty can not can absolute.

Equality [18:03:00]

Equality means the absence of privileges to any section of society.
It also means providing adequate opportunities to all sections of the society without any discrimination
[* Why equality is needed?- our society is not equal opportunity society
It is guaranteed by our constitutional forefathers through Fundamental Rights but these Fundamental Rights are not absolute.
Equality is provided in the constitution through Fundamental rights. It includes Civic, Political, and economic equality
Civic equality includes- Equality before the law, the Right against discrimination, equality of Opportunity in matters of public employment, abolition of untouchability, and the abolition of titles
Political equality is achieved by providing equal opportunities for people to vote in the elections and to contest for public offices (State legislative assemblies and Lok Sabha)
Economic equality is ensured through directive principles of state policies

Fraternity [18:17:00]

Fraternity means promoting a sense of Brotherhood, a sense of togetherness and belongingness among the people
India is a country with so much of diversity in the form of Religion, Region, Caste, language, Gender, Ethnicity, Race, and so on. It is very easy to divide people and create unwanted identities.
It can ultimately result in regionalism, communalism, secessionism, and terrorism. It can lead to the further partition of the country also.
Our constitutional forefathers have realized the dangers of these divisive identities. They believed that the unity and integrity of the country can be protected and promoted only when a sense of fraternity is promoted among the citizens of the country.
Justice, liberty, equality, and fraternity are interdependent. As pointed out by Dr. Ambedkar, equality can not be achieved without justice and liberty. Whereas Fraternity can help in removing discrimination, and exploitation within the societies
The idea of Justice is taken from the Russian revolution, whereas the ideals of Equality, liberty, and fraternity are taken from the French revolution

Republic [18:32:00]

Democracy can be either based on Monarchy or a Republic
For example- The United Kingdom has a Constitutional Monarchy wherein the head of the state position is Hereditary in nature
Another form of democracy is a republican form of government where the head of the state is elected. For example- India is a republic because the President is elected

Is the Preamble a part of the constitution? [19:07:00]

Supreme court in the Berubari union case, 1960 has ruled that the preamble is not a part of the constitution. It is key to the minds of our constitutional forefathers.
It can also be used to clarify any ambiguity regarding the interpretation of the articles of the constitution
In the Keshavananda Bharti case, 1973, SC rejected the previous judgment and ruled that the preamble is an integral part of the constitution.
In the LIC of India case, 1995, SC ruled that Preamble is a very significant part of our constitution and is also an integral part of our constitution
Preamble is not justiciable i.e. provisions of the preamble are not enforceable in a court of law
Preamble is not a source of power for legislature. It also does not impose any restrictions on the power of the legislature.
After Keshavananda Bharti Judgment, parliament has amended the Preamble through the 42nd Constitutional Amendment. It has included the words- Socialist, Secular, and Integrity

Amendment to the constitution [19:17:00]

Definition
An Amendment may be defined as the addition of a provision on a new and independent subject. It also includes adding more to a specific article or clause. It also includes striking out an article or a clause.
Why do we need a constitutional amendment?
Our constitution is not a mere static rulebook but as pointed out by the first Prime Minister, the late J L Nehru, it is a dynamic living organism.
With the passage of time the wishes and demands of people keep on changing and our constitution must reflect those changes
Our constitutional forefathers have provided opportunities for future policymakers to make those changes
Article 368 has provisions for amending the constitution
Constitution can be amended through three different ways
Type I-
By the simple majority of parliament- It requires a majority of each half of parliament and the majority of members present and voting. It is similar to the ordinary legislative process.
[* Parliament- Lok Sabha(550 maximum strength, present strength is 545) + Rajya Sabha(maximum strength is 250, present strength is 245) ]
Simple majority= If 450 members are present and voting then Simple majority= 226, if 545 are present and voting then the simple majority is 273
Following provisions can be amended through Type I Amendment
1) Formation of new states
2) Changing boundaries and names of existing states
3) Creation or abolition of legislative councils in the states
4) Administration and control of scheduled areas and scheduled tribes
5) Salaries and allowances of SC and HC judges
6) Laws related to citizenship
Type II
By a special majority of parliament- It means the majority of the total membership of each house and a majority of 2/3rds of members of each house present and voting
Total membership means the total number of members comprising the house irrespective of the fact that whether there are vacancies or absentees
Example- Total membership is 545. Two are absent so these are vacancies and 543 is the strength now
Suppose 480 are present and voting
For the special majority- 320 votes are required + This number should be more than 273 [Majority of total membership]
Provisions that require this type of amendment
1) Fundamental rights
2) DPSPs
3) All other provisions which are not covered by the first and third categories

The Topic for the next class:- Type III amendment, and other constitutional provisions.