B.A. LL.B. (Five Years) Sem 3 Constitutional Law I 2014 Jun Question Paper with Solutions

2. Liberty of thought, expression, belief, faith and worship;
3. Equality of status and of opportunity; and
4. Fraternity, assuring the dignity of the individual and the unity and integrity of the Nation.

1. Justice: social, economic and political

1. Social justice means removing the inequalities of caste, untouchability and social disadvantage. It is carried out by articles 15(4), 16(4), 17 and 46.
2. Economic justice means a fair share of wealth and the means of livelihood for all. Articles 38, 39, 41 and 43 direct the State towards it.
3. Political justice means an equal voice in government, through universal adult franchise (article 326) and free elections.

The Court has used this objective to widen rights. In Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180, pavement dwellers in Bombay faced eviction. The Court held that the right to life includes the right to livelihood, reading article 21 with the directive principles. So economic justice became part of a fundamental right.

4. Fraternity, dignity, unity and integrity

Fraternity means a sense of common brotherhood among all Indians. It assures:

1. the dignity of the individual, protected by articles 17, 21 and 23; and
2. the unity and integrity of the Nation, protected by a single citizenship, an integrated judiciary and the fundamental duties in article 51A.

In S.R. Bommai v. Union of India, AIR 1994 SC 1918, the Court held that secularism is a basic feature. A State Government which divides people on religious lines may be dismissed under article 356. Fraternity among all faiths is thus a constitutional requirement, not merely a hope.

The nature of the State

The objectives are to be secured by a State that is:

1. Sovereign: free from external control;
2. Socialist: committed to reducing inequality of income and status;
3. Secular: with no State religion and equal respect for all faiths;

Stage 1: not a part of the Constitution (Berubari, 1960)

In re Berubari Union and Exchange of Enclaves, decided on 14 March 1960, was an advisory opinion on an agreement with Pakistan to transfer part of Berubari Union. It was argued that the Preamble's word "sovereign" barred any cession of territory. The Court held that the Preamble is "a key to the mind of the makers", but forms no part of the Constitution. It is not a source of power or a limit on power. Cession needed a constitutional amendment under article 368.

Stage 2: a part, and amendable (Kesavananda, 1973)

In Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461, decided by thirteen judges on 24 April 1973, the Court held that the Preamble is a part of the Constitution. Like any other part, it may be amended under article 368. But the basic features it declares, such as sovereignty, democracy and the republican form, cannot be destroyed by amendment.

Stage 3: the amendment of 1976

The Forty-second Amendment 1976 amended the Preamble for the only time so far. It added "socialist" and "secular" to the description of the State, and changed "unity of the Nation" to "unity and integrity of the Nation".

Conclusion. The Preamble's objectives are justice, social, economic and political, and liberty of thought, expression, belief, faith and worship. They also include equality of status and opportunity, and fraternity assuring dignity, unity and integrity. They are given force by Parts III and IV and by cases such as Olga Tellis, Maneka Gandhi, Royappa and Bommai. Since Kesavananda Bharati, the Preamble is part of the Constitution and can be amended under article 368. It was amended in 1976, upheld in Balram Singh, but its basic features cannot be destroyed.