Question Q.1GS2GS2

To what extent, in your opinion, have the ideals of the Preamble been realised in the country's 75-year constitutional journey?

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Answer Keywords

Main Body

Preamble, in S.C v/s Union of India judgment, was enumerated as integral part of Indian constitution, embodying ideals.

Ideals of Preamble:

Justice [Fraternity, Ruling land]

Liberty [Sovereignty]

Equality [Secularism]

Reals realized in 75 years:

1Justice: [Realized] - Article 32 = werit-status ensuring justice, DPSP = socio-economic justice [Delays in justice (CST on pending), June cosis of justice, Rude lay-men (administrative)]

2Liberty: [Upheld Article 19 = freedom weight]

Censorship cases [Free speech, continuation Newspaper Associations]

1.4 Equal division of resources - Article 31C of DPSP, Bhoodan management.

Yet ensured individual rights and:

1Not anything to be considered 'public use' property = Mangaramatha property alienation association case

2Provisions free fruit give-ree comparison

3Safeguarding minority property = e.g Husbands Bharati case

4No matter while demising property - Give adequate time + logical reasons (UP bulldozer suits case)

Thus, the property rights evolution shows the living harmony of constitution ensuring harmony between public welfare & individual rights as established by Court guidelines.

The Right to Property, that was availed to Article 300A of constitution has been central to debate after 44th Constitutional amendment act.

Evolution of property rights and intricate relationship:

1Ensuring public welfare: [Gravation] - Under Article 19 (1) (c) = Original restoration, 156 CAA, 1951 upheld [Bhanuamanda Bhagwati case (not about)]

44th CAA, 1978 = Article 300A shifted [Mahamamitha property disurer law = not everything as public property]

1.2 Reducing inequalities - DPSP = 4.39]

1.3 National interest = For securing property state can initiate private property (e.g, around international border)

1.4 Equal division of resources - Article 31C of DPSP, Bhoodan management.

Yet ensured individual rights and:

1Not anything to be considered 'public use' property = Mangaramatha property alienation case

2Provisions free fruit give-ree comparison

3Safeguarding minority property = e.g Husbands Bharati case

4No matter while demising property - Give adequate time + logical reasons (UP bulldozer suits case)

Thus, the property rights evolution show the living harmony of constitution ensuring harmony between public welfare & individual rights as established by Court guidelines.

The 'National Emergency' under Article 352 in Part 18 of the constitution is proclaimed by President under following conditions:

1Armed rebellion (with CAA, 1978)

2Threat to unity & security of the country due to war, external disturbance & armed rebellion in whole of country or any part of it

Consequences:

1On fundamental rights = Avail right to appear to Court for fundamental rights except Article 20 & 21

2On life of each Salahu = can be extended one year at a time when proclamation in force.

3On union executive = Centralizing power to direct state executives to pursue union demands for helping circumstances in check

4On Judiciary = no impact

5On Parliament = can disect matters in state list = Not (at least historically)

6On Article 19 = remains in force when Emergency due to war or armed rebellion.

It was last imposed in 1975 on 26 June by President Fakhruddin Ali Ahmed on grounds of 'internal disturbance' under home ministry of Mrs. Indira Gandhi.

Due to misguided misuse, the 44th Constitutional Amendment Act was passed to make stringent conditions for National Emergency imposition to heal the scope of 'assent period of dismissal'.

Pre-legislative consultations suffer to consulting with all stakeholders at each stage of law formulation to ensure citizen participation.

No binding pre-consultation framework limiting citizen engagement seen through:

1Faulty law-making = 3 Fallacies have to be neglected

2No diverse interest represented = Egs UCC-limited consultation = not accumulating views

3Exclusive centralization = Egs, CCL Card Officer Election Commission (Amendment) Act, 2019

4Rushing dissent = Egs, Agnipath Policy for armed form.

5Electoral majoritarianism = S74, Some day passage, bills (ADR ads)

Measures to strengthen public consultation:

1Online portals for inviting suggestions = Egs My govt app portal

2Mandatory gazette disclosure Issue Act introduction Egs PIB provides press briefings

3Inviting industry expert Egs, pre-Budget consultations

4Time period for raising grievance in respect to any Law Egs, UMAN (ci portal query app.

5Strengthening opposition side = to spice debate among public Egs, Dakshin Attenuent

6Engagement with Civil Society organizations = Egs, Brahmand NGO As per unique Education Policy

This would in ensuring citizen-centric administration (and ARC) as well as networked governance.

Measures to strengthen public consultation:

1Online portals for inviting suggestions = Egs My govt app portal

2Mandatory gazette disclosure Issue Act introduction Egs PSB provides press briefings

3Inviting industry expert Egs, pre-Budget consultations

4Time period for raising grievance in respect to any Law Egs, UMAN (ci portal query app.

5Strengthening opposition side = to spice debate among public Egs, Dakshin Attenuent

6Engagement with Civil Society organizations = Egs, Brahmand NGO As per unique Education Policy

This would in ensuring citizen-centric administration (and ARC) as well as networked governance.

821 words18 paragraphs5 bullet points

Conclusion

Thus, the ideals have been realized yet still long way to go to fulfill the vision of our founding fathers (Preamble cum Purnesh) Thus, the property rights evolution show the living harmony of constitution ensuring harmony between public welfare & individual rights as established by Court guidelines. Due to misguided misuse, the 44th Constitutional Amendment Act was passed to make stringent conditions for National Emergency imposition to heal the scope of 'assent period of dismissal'. This would in ensuring citizen-centric administration (and ARC) as well as networked governance.

88 words

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Page 3

Topper

BHOOMIKA JAIN

AIR 3312025

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Preamble

Realization of Preamble ideals in 75-year constitutional journey

Writing Stats

909

Total words

Paragraphs

Bullets

analytical

Tone