To what extent, in your opinion, have the ideals of the Preamble been realised in the country's 75-year constitutional journey?
Main Body
As Nani Palkhivala remarked, the Preamble is the identity card of the Constitution. It is important to check the progress achieved on its values as a litmus test.
Ideas of Preamble Realised:
ex: MNREGA for employment
Nani Shaft Adhinyam for women's reservation
Protection of Civil Rights Act, 1955
ex: Freedom of press upheld (Roman Thapor case)
Freedom of religion upheld (Essential Practice Doctrine)
ex: BNC and GNSS for reformative ensured of remainder law.
ex: Strategic autonomy for sovereignty
PM Gujrat Kayyan Yojana for state support
Non-discrimination on religious base
However, it is not a complete success as:
ex: Bhopal Aryan by PM at Parliament
ex: Violated economic justice
ex: Violated democratic dissent.
The evolution of Right to Property from a fundamental right to constitutional right under Art. 300-A showcases an evolution.
Property Right - Individual Right vs Public Welfare:
ex: Guaranteed under Art. 19 of the constitution
ex: Champakail Doradian case (LSC held IFTs are supreme)
ex: Protected Public Welfare and Directive Principles.
ex: Under Art. 300-A
ex: Supremacy of Article 39(b)(c) by the supreme court.
Way forward contemporarily:
ex: To promote investment (CLR Law, 2012)
ex: Sahakaar & Samgrahe
Thus, while the position of property rights have evolved, the underlying tenant of advancing national interest should continue to guide us towards 'Vikkat Bharat'.
Conclusion
Thus, while the position of property rights have evolved, the underlying tenant of advancing national interest should continue to guide us towards 'Vikkat Bharat'.
24 words
- Discusses evolution clearly
- Balances individual and public welfare
- Relevant case law
- Clear evolution presented
- Balances competing interests
- Relevant constitutional provisions
AMRIT MAHHAPATRA
Preamble
Ideals Realisation
Constitutional values in 75 years
327
Total words
20
Paragraphs
analytical and balanced
Tone