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00:00Already been done. Today we'll be actually studying about the Preamble of the Constitution.
00:04You know what? There's a thing about the books which I like.
00:07That every book has some chapters which are very very simple. So those days are very easy on our mind.
00:12Preamble of the Indian Constitution is the chapter which basically in Lakshmi Khan is very simple.
00:17It just discusses the Preamble of the Indian Constitution.
00:23Precisely. Telegram channel, the Instagram handle.
00:27If that is useful for you.
00:30Our Constitution, which I have shared in front of you, our Constitution is open to this Preamble.
00:38It's a preamble. Before we start writing the actual legal words in the Preamble,
00:44we have to start writing the legal words of the Constitution.
00:51Our Constitution actually begins with the Preamble.
00:53Preamble is a preamble. It gives a vision statement for the Indian Constitution.
00:57If you read it, you will have a simple, simple, subtle information, such as the Constitution of India.
01:03The Preamble says that we are the people of India, having solemnly resolved to constitute India into it.
01:10And the nature of the Indian state tells us how to make India.
01:14Well, we plan to make it sovereign, socialist, secular, democratic, republic.
01:18This is the 5 nature of our Indian state.
01:20And then to secure to all its citizens, which are the countries of India,
01:24to give justice, social, economic, and political,
01:27to give liberty of thought, expression, belief, faith, and worship,
01:31to give equality of status and opportunity,
01:34and to promote fraternity,
01:37so that assuring the dignity of the individual and the unity and the integrity of the nation.
01:44Or in our Constituent Assembly, this 26th day of the November of 1949,
01:49we hereby adopt, enact, and give to ourselves this Constitution.
01:55This is what the Preamble is.
01:58Now, this Preamble is actually much more interesting when you read it in Hindi.
02:02We have a lot of things.
02:32onanchaas iswi ko
02:33it dvara
02:35isse samidhan ko
02:37angikrit
02:37adhi niyamit
02:38aur atma arpit
02:40karte hai
02:40beautiful
02:42this is absolutely beautiful
02:43humara joe chapter hai
02:45yeh sirf or sirf
02:47preamble ke
02:48each and every single
02:49joh word hai
02:50uski definition
02:51deetah hai
02:51and then
02:52there are two things
02:53when it comes to
02:53academically about the
02:54preamble
02:55ki kya preamble
02:56constitution ka part hai
02:57and preamble
02:58ko amend kiya jasakta hai
03:00ya nahi kiya jasakta hai
03:00there are two
03:01academic things
03:02which we have to need
03:03which we need to
03:03understand about
03:04the preamble
03:05which we need to
03:09understand about
03:09the preamble
03:10so let's do it
03:10it's as simple as that
03:11yeh haal laxmikandh ki
03:13seventh edition
03:13word to word
03:14we are actually
03:14going to end it
03:15preamble
03:16this idea of the
03:17preamble actually
03:18starts with the
03:18united states of america
03:19unka constitution
03:20pehla constitution
03:21ta jis mein besikli
03:22ek purkash de preamble
03:23tha
03:23and just for the
03:24sake of it
03:24i want you to read
03:25the preamble of the
03:26u.s constitution
03:27so this is the
03:28preamble of the
03:28u.s constitution
03:29so we the people
03:30of united states
03:31in order to form
03:32a more perfect union
03:33establish justice
03:33ensure domestic
03:34tranquility
03:35provide for the
03:36common defense
03:37promote the
03:37general welfare
03:38secure the
03:38blessings of the
03:39liberty to
03:40ourselves and
03:40posterity
03:41do ordain and
03:42establish this
03:43constitution for the
03:44united states of
03:44america
03:45almost exactly
03:47like we have the
03:49same spirit and the
03:49same theme right
03:50and that is why
03:51preamble agar hamne
03:52kahi se liya hua hai
03:53toh where do we
03:53bring preamble from
03:54where we have borrowed
03:56this idea from
03:57united states of
03:57america's
03:58american constitution
03:59was obviously the
04:00first to begin
04:01with the preamble
04:02as we just saw
04:03uske baat bade sare
04:04se countries hain
04:05yoki abhi he
04:05practice follow
04:06karte hai
04:06the preamble is
04:08introduction
04:09hum kabhi bhi
04:10ghar mein kisi ke
04:11bhi ghar pe
04:11enter karte hai
04:12toh bhaar
04:12ne implate laghi
04:13hoti hai
04:13it's basically
04:14something like
04:14that with the
04:15constitution
04:15so before somebody
04:16tries to understand
04:17our constitution
04:17they should
04:19read the preamble
04:20which will give
04:20them an idea ki
04:21humara constitution
04:22actually basically
04:22karte hai
04:23it contains
04:24sort of summary
04:26or spirit
04:27or essence
04:28there are like
04:29almost a thousand
04:30words in english
04:31that can actually
04:31be used to
04:32explain what
04:33the preamble
04:35means to
04:36constitution
04:36so summary
04:37essence
04:38preface
04:39introduction
04:39you can say
04:40it on order
04:41it's basically
04:42the identity
04:42card of the
04:43constitution
04:44and not so
04:46constitutional
04:47expert
04:47Amit
04:48Varidi
04:48says that
04:49it's a name
04:49plate of the
04:50constitution
04:51but the name
04:53plate of the
04:53constitution
04:53would be
04:54the constitution
04:54of india
04:55that is the
04:55name plate
04:56so not very
04:57smart
04:58Amit
04:58Varidi
04:59ki lol
04:59sorry about it
05:01it's not even
05:02identity card
05:03let's be very
05:04honest
05:04but it's not
05:04it's not
05:05the preamble
05:07of the indian
05:07constitution
05:08is based
05:09on the objective
05:10resolutions
05:11I told you
05:11in chapter number
05:122
05:12when our
05:14constituent
05:14assembly
05:15was made
05:159 December
05:161946
05:16and on 13
05:18December
05:181946
05:19Jawaharlal
05:19Nehru
05:19introduced
05:20in the
05:21Constituent
05:22Assembly
05:22called as
05:23the
05:23Objectives
05:23Resolution
05:24kind of
05:24self-explanatory
05:25it includes
05:26the
05:27resolution
05:27for the
05:29objectives
05:29of the
05:30Constituent
05:30Assembly
05:31which was
05:31adopted
05:32on the
05:3322nd
05:34of
05:34January
05:341947
05:35unanonymously
05:36and what was
05:37done on the basis
05:37on the basis
05:37on the basis
05:37on the basis
05:38So
05:39what was
05:39written in
05:39the
05:40thing
05:41summarized
05:42and
05:42basically
05:42the preamble
05:43drafted
05:44and moved
05:45by the
05:45Pandit
05:45Nehru
05:45adopted
05:46Now
05:47it has been
05:49amended
05:50by the
05:5042nd
05:51Constitutional
05:52Amendment
05:52Act
05:52Now
05:56there are
05:56three words
05:57first
05:58sovereign
05:59democratic
05:59republic
06:00socialist
06:02word
06:02and
06:03secular
06:04word
06:04actually
06:051950
06:06was added
06:07in
06:071976
06:08and
06:09one
06:09more
06:09unity
06:10of
06:10the
06:11nation
06:11this
06:17word
06:17integrity
06:18sorry
06:18this
06:18word
06:19integrity
06:19so
06:19unity
06:20of
06:20the
06:20nation
06:20was
06:20but
06:21integrity
06:22was
06:22not
06:22it
06:23so
06:24these
06:24three
06:24words
06:25are
06:25socialist
06:25secular
06:25or
06:26integrity
06:26these
06:26words
06:27in 1976
06:29ad
06:29which
06:30is
06:30the
06:30Constitutional
06:3342nd
06:33Amendment
06:33text
06:34of
06:34the
06:34preamble
06:34now
06:35we have
06:35already
06:35read
06:36it
06:36but
06:38it
06:38won't
06:38hurt
06:38us
06:39if
06:39you
06:39read
06:39it
06:39twice
06:40right
06:40come
06:40on
06:40with
06:40me
06:41right
06:41at
06:41the
06:41screen
06:42let's
06:42do
06:42it
06:42together
06:43but
06:43if
06:48you
06:48are
06:48like
06:49at
06:49two
06:49o'clock
06:50in
06:50the
06:50night
06:51then
06:51you
06:51should
06:51actually
06:51read
06:52it
06:52louder
06:52with
06:53me
06:53believe
06:53me
06:54you
06:55might
06:55get
06:55goosebumps
06:56so
06:57we
06:57the
06:57people
06:57of
06:58India
06:58having
06:58solemnly
06:59resolved
06:59to
07:00constitute
07:00India
07:01into
07:01a
07:01sovereign
07:01socialist
07:02secular
07:03democratic
07:04republic
07:04and to
07:05secure
07:05to all
07:06its
07:06citizens
07:06justice
07:07social
07:08economic
07:08and
07:09political
07:09liberty
07:10of
07:11thought
07:11expression
07:11belief
07:12faith
07:12and
07:12worship
07:12equality
07:13of
07:14status
07:14and
07:15opportunity
07:15and to
07:16promote
07:16among
07:17them
07:17all
07:17fraternity
07:18assuring
07:19the dignity
07:20of the
07:20individual
07:20and the
07:21unity
07:21and the
07:22integrity
07:22of the
07:22nation
07:23in our
07:23constituent
07:24assembly
07:24this
07:2426th
07:25day
07:25of
07:26the
07:26november
07:271949
07:28do
07:28hereby
07:29adopt
07:30enact
07:30and give
07:31to
07:31ourselves
07:32this
07:32constitution
07:32ingredients
07:37of the
07:38preamble
07:38in preamble
07:38total
07:394 things
07:39what we
07:40just read
07:40it gives
07:43us the
07:43source
07:44of the
07:44authority
07:44of the
07:45constitution
07:45we
07:46the
07:46people
07:46it
07:47opens
07:47with
07:47we
07:48the
07:48people
07:48this
07:48is
07:48like
07:48how
07:49the
07:49u.s
07:49constitution
07:50opens
07:50we
07:50the
07:50people
07:51so
07:52constitution
07:53ki
07:53actual
07:54power
07:54where
07:55does
07:55that
07:55come
07:55from
07:55well
07:56we
07:56the
07:56people
07:57from
07:57the
07:57citizens
07:57of
07:58the
07:58country
07:58so
07:59first
07:59thing
07:59that
08:00is
08:03the
08:03source
08:04Indian
08:05state
08:05ki
08:06nature
08:06which
08:08is
08:08like
08:08sovereign
08:09socialist
08:10secular
08:10democratic
08:11republic
08:12and then
08:17objectives
08:18again
08:19which is
08:20particular
08:20justice
08:21liberty
08:21equality
08:22and
08:22fraternity
08:23is
08:24Indian
08:24constitution
08:25every
08:26word
08:27that
08:27is
08:27written
08:27in
08:27the
08:27Indian
08:28constitution
08:28has
08:28one
08:29aim
08:29to
08:30ensure
08:30justice
08:31equality
08:32liberty
08:33and
08:33fraternity
08:34for the
08:34citizens
08:34of the
08:34country
08:35and
08:35the
08:36particular
08:36date
08:36of the
08:37adoption
08:37it stipulates
08:40November
08:4126
08:411949
08:42right
08:43and
08:44just
08:44in
08:44kabhi
08:44kabhi
08:44fact
08:45in
08:45our
08:45republic
08:47date
08:4726
08:47jan
08:48but
08:48literal
08:49preamble
08:49says
08:5026
08:50november
08:531949
08:54he
08:54likhha
08:54ho
08:54hai
08:55ye
08:55chaar
08:55cheeze
08:55hame
08:56apne
08:56preamble
08:57se
08:57pata
08:57chalti
08:58hai
08:58and
08:58now
08:59it's
08:59very
08:59simple
09:00ki
09:00hame
09:00in
09:00key
09:00words
09:01ki
09:01bas
09:01definition
09:02dekhani
09:02hai
09:02right
09:03so
09:03what
09:03does
09:03the
09:04sovereign
09:04means
09:04what
09:05does
09:05the
09:05socialist
09:05means
09:06secular
09:06democratic
09:07republic
09:08what
09:08does
09:12now
09:12in
09:13very
09:13short
09:13these
09:14are
09:14just
09:14english
09:15words
09:15so
09:15we
09:17already
09:17know
09:17it
09:17sovereign
09:18sovereign
09:19is
09:20something
09:20sovereign
09:21is
09:21basically
09:21supreme
09:22right
09:23jiske
09:23oopar
09:24kohi
09:24no
09:24decisions
09:25lane
09:25ke
09:25liye
09:25so
09:25india
09:26is
09:26a
09:26sovereign
09:26country
09:27there
09:27is
09:27no
09:27other
09:28entity
09:29super
09:29entity
09:30which
09:30gives
09:31us
09:31any
09:31order
09:31this
09:32pehle
09:321947
09:34se
09:34pehle
09:34india
09:35was
09:35a
09:35colony
09:36so
09:37there
09:37was
09:37a
09:38different
09:38nation
09:38a
09:39different
09:39country
09:39who
09:40was
09:40more
09:40powerful
09:41than
09:41us
09:41who
09:41used
09:42to
09:42rule
09:42us
09:42and
09:43they
09:43used
09:43to
09:44take
09:44our
09:44decisions
09:45externally
09:46that
09:46is
09:47not
09:47the
09:47case
09:47we
09:47are
09:48the
09:48sovereign
09:48we
09:49do
09:49not
09:49answer
09:50to
09:50anyone
09:50we
09:50do
09:51not
09:51answer
09:51we
09:53take
09:54our
09:54own
09:55autonomous
09:55decisions
09:56that
09:56is
09:57what
09:57sovereign
09:58is
09:58socialist
09:59socialist
10:00government
10:01has
10:02a
10:02responsibility
10:03towards
10:03the
10:04society
10:04this
10:05term
10:06is
10:06basically
10:06used
10:07in
10:07general
10:07economic
10:08terms
10:09capitalist
10:10economy
10:11which
10:12can
10:13be
10:14a
10:14socialist
10:16economy
10:17which
10:17private
10:18enterprise
10:18has
10:19more
10:19preference
10:19and
10:20socialist
10:20economy
10:21which
10:22controls
10:24the
10:24market
10:25and
10:25controls
10:25the
10:26economy
10:26much
10:27deeper
10:28than
10:29the
10:29capitalist
10:29one
10:30capitalist
10:31government
10:31and
10:32the
10:33market
10:34is
10:34individually
10:35manage
10:35to
10:35manage
10:36socialist
10:36India is a socialist country, but here the meaning is slightly different in the context
10:48that we are a democratic socialistic country.
10:50Our country's purpose is that it is going to be a democracy, but government has a duty
10:57to help the people who cannot help themselves, kind of a welfare state.
11:02Secular simply means that there is no state religion and all the religions are equal in
11:07front of the state.
11:09Democratic means that all the important public offices would be elected rather than actually
11:17having something kind of monarchy or something.
11:19And then the Republic.
11:20Republic has a very particular meaning.
11:22The Republic says that the head is elected.
11:27So United Kingdom is not a Republic, because the head of the United Kingdom is not elected.
11:36He was born to the Queen and hence he became the King.
11:39And the next one also will be just because of blood relations.
11:42But in India, the President is the head of the state and who is elected and hence we are
11:47a Republic.
11:48Just basically.
11:49And then justice.
11:50Justice means that it is new, social, political, economic, economic, all three facets of the
11:56new people have to do it.
11:59Liberty means that you have a freedom, I have a freedom for everything to do it.
12:03No, everything to do it.
12:04Actually, there is no wrong job.
12:06But there is a freedom to do it.
12:08Basically, we can grow.
12:10Equality, I believe everybody is equal.
12:13And fraternity, brotherhood is a normal thing.
12:16Sovereign, the word sovereign means that India is basically not a dominion, not a dependency
12:23of any country.
12:24We are a pure independent state.
12:26There is no authority above India.
12:28Now remember, there are international organizations which India is part of.
12:33For example, we are part of International Monetary Fund.
12:36We are part of United Nations also.
12:38We are part of Commonwealth of the Nations.
12:41In 1949, we took the membership of the Commonwealth of the Nations.
12:46What is Commonwealth of Nations?
12:48This is a group of 56 countries.
12:51This is 56 countries.
12:52All of these countries used to be colonies of United Kingdom at one point of time.
12:58Okay.
12:59So they just formed a group.
13:00This was formalized in 1931.
13:03It is not a formal organization.
13:05It is not a formal organization.
13:06It is just informal.
13:07They are connected historically.
13:08Most of these countries use English as a language and probably at one point of given time was used as a colony, was ruled as a colony by the United Kingdom.
13:29This is the purpose.
13:30So we are completely independent of our sovereignty.
13:32We are completely independent.
13:34The British Crown is the head of the Commonwealth.
13:37This is an extra constitutional declaration.
13:39It is not an impact on India's sovereignty.
13:42Similarly, with the United Nations organization, there is not a limitation on her sovereignty.
13:48If we want, we can leave the United Nations.
13:50The United Nations has joined by our choice.
13:52It doesn't affect the nations.
13:55It doesn't affect the decisions that we take in the country.
13:58Being a sovereign country, India can acquire a foreign territory.
14:02And if we want, we can give our own territory.
14:05Second one is the Socialistic Economy.
14:08So the word Socialist was definitely not at the beginning of the Constitution.
14:11Socialistic amendment came after 42nd amendment.
14:15But very interestingly, Constitution in the beginning had a socialist tinge.
14:20Tinge was our socialist starting.
14:23Rather Congress in 1955, in the Awadi session.
14:28In the Awadi session, they had a declaration.
14:32They basically adopted a resolution which said that they intend to establish a socialistic pattern of the society.
14:40Now, the word Socialistic is a taboo word.
14:44Sometimes it is seen in the negative light.
14:47So this is why we need a clarification here.
14:50The Indian Socialism is not exactly that socialism which has a negative connotation.
14:56What is Socialism?
14:58Socialism is an economic system in which the market and the industries control the government.
15:08That is what is called as Socialism.
15:10Socialism means that everything belongs to society.
15:12It doesn't have private property.
15:14Something like that.
15:15Right?
15:16Now, these things, whenever the Socialism or its sister Communism,
15:21Where it has always turned into dictator ship.
15:24It has always turned into dictatorship.
15:26It always turns into dictatorship.
15:27It has led to millions of deaths.
15:28It has led to mass oppression.
15:29So, this is why Socialism and Communism has definitely tabooed in the political philosophy.
15:31So, socialism and communism has definitely tabooed in the political philosophy.
15:40So, when we say that India is socialist, we are socialist in a sense, but not exactly in the sense which you are trying to understand.
15:48India's socialism is called democratic socialism rather than the communistic socialism or state socialism.
15:58The USSR, which was the president's state of Russia, the Soviet Republic, that was a communistic state.
16:10It means that there were so many big industries, they controlled state, agriculture, they controlled state.
16:16The fields were a community field, they didn't own any individual.
16:22India has a democratic socialism which technically means that we have a mixed economy.
16:27There are some things, there is some part of the economy or market which the government can control,
16:32which industry government can control, but generally, we give the private enterprises as usual, they can also flourish.
16:39And slowly, slowly, after 1991, this mixed economy also increased more or less capitalism.
16:48China, which still believes or pretends that they are a communistic country,
16:53basically, when it comes to economy, politically, they are communist, but when it comes to economy, they have primarily given the way to the capitalism.
17:01So, in our democratic socialism, the public and private sectors are both co-existed.
17:08The idea of democratic socialism is that poverty, ignorance, disease, inequality of opportunity,
17:14which is the idea of poverty, ignorance, disease, inequality of opportunity,
17:15which is the idea of government to intervene.
17:19which capitalism doesn't usually like.
17:21The government intervention is not very much preferred way of solving things or preferred way of progressing in a capitalistic society.
17:28But India has a different situation.
17:33So, we do need sometimes the government to intervene.
17:361991's new economic policy, which is obviously LPG, liberalization, privatization, and globalization.
17:42We were the way of socialism.
17:45We have taken a little right, not left.
17:48Left would have been actually pun intended.
17:50A little right, pun intended, now pun intended.
17:53So, yeah, that have diluted the socialist credentials of the Indian state.
17:58But it's okay, it's written, so there's no big problem.
18:01Secular, the word socialist was added by the 42nd, and so was the secular.
18:05The secular word added in 1976,
18:10but the Supreme Court in 1974, two years ago,
18:14that the secular state is not mentioned, but our constitution is secular.
18:19Okay?
18:20This word secular state has not been expressively mentioned,
18:23but our article 25-28,
18:26which basically,
18:28fundamental right to freedom of religion provides,
18:31has been included in the constitution right from the start,
18:34means that we are always in the beginning of the secular state.
18:37We have obviously the positive concept of the secularism.
18:41Secularism can be seen in two ways.
18:43One is negative secularism, which is the France,
18:47or the Western concept of secularism,
18:49which means the state and the religion are completely separate,
18:52and they are kept away.
18:54The state simply doesn't intervene in religion at all.
18:57They just ignore it, like, don't look at me at all.
19:02India has a more of a positive approach to secularism,
19:05which means,
19:06there is not one religion we are going to promote,
19:09we are going to love and promote each and treat every religion equally.
19:14Then there is a democratic,
19:16a democratic polity is simple,
19:17popular sovereignty,
19:19which means the doctrine of the popular sovereignty,
19:24which means the sovereignty,
19:27the supreme power,
19:29will be popular,
19:30which means the popular sovereignty,
19:34which means the actual power,
19:37which exists with the people.
19:40The opposite means the king,
19:42which means sovereign,
19:44but that is not popular sovereignty,
19:46that is monarchical sovereignty,
19:48that the individual has power.
19:50Popular sovereignty,
19:51the people,
19:52the citizens actually have the power,
19:53possessions of the supreme power.
19:54Democracy has two types,
19:56direct and indirect.
19:58Now, the direct democracy,
20:00there are some devices like referendum,
20:03initiative, recall,
20:05or plebiscite.
20:07See,
20:08democracy means how to take decisions,
20:11technically doesn't mean,
20:13democracy's purpose,
20:14society's purpose is not,
20:17well,
20:18if we live in a society,
20:20some common decisions needs to be taken.
20:22Okay?
20:23Some common decisions needs to be taken.
20:25Half those common decisions are taken,
20:28basically,
20:29polity,
20:30okay?
20:31So,
20:32the democracy means all the common decisions are taken.
20:34The democracy means all the common decisions are taken,
20:36they can take two ways.
20:37One is direct democracy and one is indirect democracy.
20:40Direct democracy means referendum.
20:42What is referendum?
20:43If there is a question,
20:44then everyone will ask,
20:46they will vote.
20:47Every single person will vote.
20:49So,
20:50shall we do trade with Pakistan?
20:55Now,
20:56usually,
20:57this decision is our foreign ministry.
20:59In a referendum,
21:00this decision will be held in India,
21:02and every single person who is affected by this decision is allowed to vote.
21:09That is a direct democracy.
21:10In a direct democracy,
21:11in every decision,
21:12citizens basically,
21:13are telling themselves to vote,
21:14that they should do yes or no.
21:16Let me give you an example.
21:18In the European Union,
21:19Britain was also included.
21:22But,
21:23there was a moment,
21:24that Britain should exit from the European Union.
21:27That moment is called as the Brexit.
21:31So,
21:32the political parties of the UK
21:35couldn't decide whether they should take this decision on their own.
21:38So,
21:39they said that they had a referendum in the UK.
21:41Let the people tell whether they should exit the Britain or not.
21:45And the result was positive.
21:47Basically,
21:48the people voted in a referendum.
21:50Everybody only voted.
21:51That means,
21:52the people voted in a referendum.
21:53Everybody only voted.
21:54That means,
21:55they voted for the Prime Minister,
21:56the President,
21:57the MP,
21:58the MLA.
21:59But,
22:00in this case,
22:01people voted to take this decision,
22:03that Britain should exit from the European Union or not.
22:06If they said yes,
22:07if they said no,
22:08then they will not.
22:09Well,
22:10they did say yes.
22:11The majority said yes.
22:13Indirect democracy,
22:14which we all have experience,
22:16is basically,
22:17usually,
22:18in every country,
22:19indirect democracy is possible.
22:20Right?
22:21The number,
22:22the society,
22:23it's only 5-10,000 people.
22:24The society,
22:25it's only 5-10,000 people.
22:26It's only 1,000,000 people.
22:27It's only 1,000,000 people.
22:28It's only 1,000,000 people.
22:29It's only 1,000,000 people.
22:30So,
22:31you cannot bring every single question on their voting pattern.
22:33How do you vote in every question?
22:35Hence,
22:36people being,
22:37people choose their representative to take decisions on their behalf.
22:41Representatives elected by the people exercise the supreme power,
22:45thus carry on the government and make the laws.
22:47This type of representative democracy is called.
22:49And this is the key.
22:50Parliamentary and presidential.
22:53I think we have definitely explained it.
22:55Bharatiya Samidhan,
22:56representative parliamentary democracy provides.
22:59Representative parliamentary democracy,
23:01which means,
23:02legislative and executive relationship,
23:05and to put it in a single sentence,
23:08executive is responsible to legislature,
23:12in a parliamentary democracy.
23:14That is the key.
23:15for all its policies and actions.
23:18It doesn't happen in the presidential.
23:20Remember.
23:21Universal adult franchise,
23:22periodic elections,
23:24they are features of a parliamentary democracy.
23:27They are actually features of a democracy.
23:29Independence of judiciary,
23:31and absence of discrimination on certain grounds.
23:34So,
23:35the word democracy,
23:36it's not only in the political sense.
23:38Rather,
23:39it has economic and the social democracy also.
23:42and B.R. Ambedkar Ji,
23:43in this context,
23:44in this context,
23:45a specific sentence,
23:46exactly,
23:47one day before the constitution,
23:48that political democracy,
23:49will not last many days,
23:50until and less,
23:51until and less,
23:52social democracy.
23:53But,
23:54what does this mean?
23:56Having a social democracy.
23:57The idea is,
23:58that,
23:59these concepts of liberty,
24:01equality,
24:02and fraternity,
24:03these concepts,
24:04these concepts,
24:05these concepts,
24:06these concepts,
24:07these concepts,
24:08these concepts,
24:09which is to be a relative,
24:10of individuals and citizens.
24:11Like,
24:12if you believe in,
24:13if you want in our constitution,
24:15equality,
24:16that's fine.
24:17That gives political democracy,
24:19that gives political democracy
24:20the part of our constitution,
24:22equality,
24:23but actually what matters,
24:25is social democracy,
24:26that means,
24:27you,
24:28actually think,
24:29everybody is equal,
24:30equal.
24:31I and you, we will not show the ideas of liberty, equality, and fraternities.
24:40These ideas that we have written in the preamble or constitution, they don't matter.
24:45So people, let's say, we practice caste discrimination in our society at several places, we practice
24:51religious discrimination, we practice regional discrimination sometimes.
24:56The point is that in the constitution, just because equality is written, it will not make
25:01any sense, it will not bring any results until and unless these ideas of the liberty, of
25:06equality, of fraternity actually becomes the principle inside the citizens of the country.
25:14So what is social democracy?
25:18Social democracy means it's a way of life which recognizes liberty, equality, and fraternity
25:23can not be divorced from equality, equality cannot be divorced from liberty, nor can liberty
25:30and equality be divorced from fraternity.
25:33Without equality, liberty would produce the supremacy of you.
25:34Equality without liberty would kill individual initiative.
25:38The last two lines are the good quote.
25:39Without equality.
25:40If equality was not equality and it would have been liberty, then basically, it will be the
25:41liberty of liberty.
25:42So we want this all.
25:43So we want it all.
25:44Remember this sentence.
25:45This sentence is good.
25:46Liberty cannot be divorced from equality.
25:47Liberty cannot be divorced from equality.
25:48Equality cannot be divorced from liberty.
25:49Equality cannot be divorced from liberty.
25:50Nor can liberty and equality be divorced from fraternity.
25:51Without equality, liberty would produce the supremacy of you.
25:54Equality without liberty would kill individual initiative.
25:59The last two lines are the good quote.
26:00The last two lines are the good quote.
26:02Without equality.
26:03Without equality, if equality is not equality and it's just liberty, it would produce supremacy
26:06of you.
26:07Some people who are going to go to liberty and will be supreme reign on the rest of the
26:12others.
26:13That won't be a nice situation.
26:14But without equality and liberty, there is nothing.
26:15Individual initiative will be killed.
26:16We'll bring no points anyways.
26:17Nevertheless.
26:18So Republic.
26:19Republic has a straightforward definition.
26:20The head of state, when it's elected, it's called Republic.
26:21So in India, the head of state, which is president, is elected.
26:22So a democratic polity can be classified into monarchy and republic.
26:27Monarchy has a head of state king and queen.
26:28They have a hereditary position.
26:29Case in point, United Kingdom.
26:30That he or she comes to office through succession.
26:31Like Britain.
26:32In Republic, the head of the state is always elected.
26:33directly or indirectly.
26:34Okay?
26:35So in India, the head of state, which is president, is elected.
26:38So a democratic polity can be classified into monarchy and republic.
26:43Monarchy has a head of state king and queen.
26:46They have a hereditary position.
26:48Case in point, United Kingdom.
26:50That he or she comes to office through succession.
26:52Like Britain.
26:53In Republic, the head of the state is always elected.
26:56Either directly or indirectly.
26:58Okay?
26:59So in the USA, we directly do it.
27:02In India, we basically do it indirectly.
27:04But it will be elected.
27:05The term Republic indicates that India has an elected head, which is the president.
27:11There are two other meanings.
27:13The word Republic means that the popular sovereignty lies with people.
27:20That's the first thing.
27:21Republic means two more things.
27:23So Republic has three meanings.
27:25Whenever you say Republic, this country, France is a Republic.
27:28So immediately, you should have three meanings.
27:31France is the head of the state.
27:32He will be elected.
27:33Second, the political sovereignty will be in the logo.
27:37And third, there will be no privileged class.
27:40This means everybody can become a member of a political class.
27:46So no one can become a president, no one can become a Prime Minister, no one can become a MP.
27:51So political sovereignty is in the logo.
27:55And public offices are open to citizens without any discrimination.
28:00So when somebody asks or even if doesn't ask, but whenever you hear the word Republic in context of a country, there are three things which you have to remember.
28:09UK is not a Republic.
28:10Why?
28:11Because there is a public office of head of the state, which is not open to public.
28:16Right?
28:17It is actually a hereditary.
28:18It is not a Republic.
28:19It is a democracy.
28:20Popular sovereignty, in all probability, UK belongs to people.
28:29But they are not a Republic.
28:30Right?
28:31Three things.
28:32And elected head of state.
28:36Two, popular sovereignty.
28:39Three, public office.
28:42Justice.
28:44Three, justice ki baat karata hai hamaara preamble.
28:47Social, political and economic.
28:49Now, in context me na, fundamental rights or DPSPs ke baare bhe me sooch na.
28:53See, if I give you a country and I ask you to make a constitution with a political, social, and economic justice.
29:03So, what is the most easy thing that is the political justice, then the second is the social justice, and third is the economic justice.
29:11See, political justice can be created by law passed.
29:17So, everybody has a right to vote, everybody is equal,
29:21political untouchability is abolished, everybody has liberty, everybody has freedom of religion.
29:27You can literally write it in the fundamental rights, and sort of political equality you have created.
29:33You get one vote? Like literally, Prime Minister Modi also has only one vote.
29:38Exactly, whoever is the autodriver, or the rickshaw, or my, or your parents, you get one vote.
29:46Politically, we all are equal.
29:49But the second part is slightly more difficult, social democracy.
29:53We can abolish untouchability, yes.
29:56We can also prescribe crime for untouchability, yes.
30:01But does that mean that society in 70 years, because we had been 70 years before, but untouchability can now be practiced.
30:07And then the third one, economic democracy, which is more difficult, because those kinds of problems are like economic, social, political, simple.
30:21So, social justice means equal treatment of all citizens,
30:26based on caste, colour, race, religion, sex, and so on.
30:31That means that there are no privileges to any particular people.
30:35And the need to be able to study the backward sections of the society, OBCs, SCs, STs,
30:40that there are some steps that are necessary to be able to promote to any other people.
30:45Economic justice, non-discrimination between the people on the basis of the economic factors.
30:49That means that the inequalities in the wealth, income, and property, will be eliminated from any other way.
30:57And political justice, all political rights, equal access to all political.
31:00Those are, I hope, that is easy to understand.
31:04The idea of, we had taken this idea from the Russian Revolution.
31:07Justice, social, economic, and political.
31:10Great.
31:10And the liberty.
31:12Now, this word, liberty, what does the meaning of liberty?
31:13Has actually been asked in UPSC prelims.
31:17What is the meaning of liberty?
31:19And this, literally, the absence of the restraint.
31:22That means, it was in an option.
31:24Some people ask, sir, why do you read this preamble chapter?
31:26Well, this is why.
31:29Liberty definition, I hope so, you know this.
31:31If you don't know, UPSC question, what is the meaning of liberty?
31:36And then they have given the option.
31:37Like, freedom to do anything, one option.
31:40Second is absence of restraint, second option, and so on and on.
31:43The correct answer was, obviously, the absence of the restraint on the activities of the individual.
31:48Same time, providing opportunities for the development of the individual personality.
31:52Now, absence of the restraint is the trick here.
31:55Liberty means that you don't have restraint on your own.
31:58Absence of restraint.
32:00You don't have restraint on your own.
32:01However, you are only free to do those things which doesn't harm anybody else and you.
32:09So, that is it.
32:15So, that is it.
32:19Free to think, expression ki, free to tell, belief ki, free to believe.
32:25Ye, religion, faith, and worship ki.
32:27All these three are basically kind of religion.
32:30Through the fundamental rights, enforceable in the court of the law of the violation.
32:35So, liberty ko humne fundamental rights se protect kiya hua hai.
32:39Fine.
32:40Liberty doesn't mean license to do what one likes and has to be enjoyed within the limitation mentioned in the constitution itself.
32:47You do have a liberty to drive a car, but not without the license.
32:53You do have a liberty to drive a car, but not above the speed limit.
32:58Right?
32:58So, mantab ki, kuch limitations hai haapke liberty ke upar.
33:01Unn within limitations ke, you are 100% free.
33:06That's a very paradoxical statement.
33:08Like, you have liberty within these premises.
33:21The idea of the liberty, equality, and the fraternity, this was taken from the French Revolution.
33:27So, you do yaad rikhenge.
33:29Justice, economic, social, and the political, this idea was taken from the Russian Revolution.
33:33And the liberty, equality, and the fraternity, this idea was taken from the French Revolution.
33:37I'll tell you something about the French Revolution.
33:39So, French Revolution, I don't remember where I read it, but there is a quote, I read something in the context of the French Revolution.
33:49So, there was some Chinese president.
33:50So, French Revolution in 1789.
33:52In 1789, 1789.
33:55So, in 1970s, some reporter asked a Chinese president that would you think the impact of the French Revolution on the earth has been?
34:06The president said, well, it is too early to judge.
34:15Even after like almost 200 years, it's too early to judge.
34:19It is so impactful, that the consequences are still coming for the French Revolution.
34:25Nevertheless, they gave the idea, liberty, equality, and fraternity.
34:29Equality means absence of special privileges.
34:32UPSC کو phir adat laghi definition puchnye ki, ek baar unhoon ne liberty puchhata, phir unhoon ne equality puchhli hai.
34:37Or equality ka true, constitutional meaning hoota hai, that is like absence of the special privileges to any section of the society.
34:45Equality ka ye matabhi ki, sab ko barabar kar do.
34:50Equality ka matabhi ki, sab ko barabar kar do.
34:52Yeh, yeh mithai barabar barabar tino bhai vheno mein baat do.
34:56Toh, iska matlab hoota hai ki, barabar barabar sao so gram baat do tino ke an dar.
35:00But when you talk in the constitutional terms, equality doesn't means ki, equal kar do.
35:04No, it means ki, kisi ke pas special privileges nahi hoongge.
35:08And remember, this is like genuinely interesting concept.
35:12The liberty doesn't mean you have freedom to do.
35:14Liberty ka, agar dictionary meaning dekho ga ya, soch ho ga ya, liberty means freedom.
35:19To do something.
35:21But here they are defining it terms on the absence of restraint ke context me baat kar rahe hain.
35:27Similarly, equality, equal, joe word, barabari.
35:31Ab, am, jab, em, isko sooshtay hain, English language ke context me, vocab ke context me sooshtay hain.
35:35So we like, everybody is equal.
35:36No, no, it's not about equality.
35:39It's not about that equality.
35:41It's not about like equality of water, equality of food.
35:45No, no, it means absence of special privileges.
35:48Society me, special privileges kisi particular individual ke paas exist nahi karne chahiye hain.
35:53Sab ke sab equal hain, tab.
35:56And the provision of adequate opportunities for all individuals without any discrimination.
36:01So preamble equality status deyta hai, alag-alag constitution ke articles se, article 14, 15, 16, 17 and 18.
36:10Yeah, right to equality ke joh articles hain.
36:14We'll discuss in detail when they come.
36:17Shall you?
36:26Great.
36:27great
36:29read
36:30two provisions
36:32which are
36:34political equality
36:35one is article 325
36:38one is article 326
36:39article 325
36:41no person is to be declared
36:43ineligible for inclusion in electoral roles
36:45electoral role
36:46and elections to the
36:51loksawa are to be on the basis of the
36:53adult suffrage
36:54universal adult suffrage
36:56that is given in article 326
37:00fraternity
37:00sense of brotherhood
37:02bhai chara
37:04hindu muslim
37:06bhai bhai
37:07constitution promotes the feeling of the
37:12fraternity by the system of the single citizenship
37:14it's a prelims question
37:15how does constitution promote fraternity
37:18single citizenship
37:19there's only one citizenship
37:21so we don't want the citizens
37:24to actually think in the regional terms
37:25so a citizen of tamil nadu is equal to
37:28citizen of haryana
37:29but citizen of haryana
37:31or citizen of tamil nadu
37:32actually may
37:33exist
37:35they are just citizens of india
37:42they just live in different states
37:44they can't be
37:45they are not citizen of a state
37:48in context
37:51so we have a duty to promote and promote the common brotherhood
38:02in other countries
38:03in other countries
38:03they have to study
38:04transcending the
38:05religion
38:06linguistic regional or sectional diversity
38:09and there would be these diversities
38:10like people from manipur would be slightly different from me
38:14the people from keral
38:15will be slightly different from me
38:17people from lakshdeep would be slightly different from me
38:19people from haryana
38:20are literally different from me
38:22but these diversities are supposed to be celebrated
38:25fraternity
38:28fraternity has to assure two things
38:32the dignity of the individual
38:34and the unity and the integrity of the nation
38:35और ये जो word integrity है
38:37ये हमने
38:3742nd constitutional amendment act के दौरा जोड़ा गया था
38:41K.M. Munshi
38:42drafting committee के member थे
38:44constituent assembly के
38:45the phrase dignity of the individual
38:47ने कहा है कि
38:47constitution सिर्फ और सिर्फ
38:49material betterment के लिए काम नहीं कर रहा है
38:52it also recognize
38:53कि हर एक individual भी sacred है
38:56DPSPs के कुछ principles में
38:59ऐसे ऐसी बाते लिखी गई है
39:00dignity of women
39:01ये और वो ठीक है अच्छी बात
39:02Preamble significance क्यों है
39:13Preamble के अंदर
39:17जो constitution है
39:18उसकी basic philosophy दी गई है
39:20उसकी जो भी values है
39:23हमारे constitution की
39:25that has actually been kind of summarized
39:26in these words
39:28थोड़े से कुछ
39:297, 8, 9, 10 words के अंदर अंदर
39:32पूरे के पूरे constitution की summary दी गई है
39:35and more importantly
39:35kind of a vision of the constitution
39:38and simultaneously of the constituent assembly
39:40this is what they actually intended
39:42to do
39:44they reflect the dream
39:46and the aspiration of the
39:48constituent assembly
39:49Sir Aladhi Krishna Swami Iyer
39:52the man behind me
39:53constituent assembly के member थे
39:55उन्होंने का की
39:56Preamble to our constitution expresses what we had
39:59thought or dreamt so long
40:00लब
40:01जब 1910 से लेके
40:04उन्होंने सो पचास तक
40:06उन्होंने सो संतालिस तक का
40:07Indian national movement देखते हैं हम
40:09तो Indian national movement किस चीज के लिए था
40:12literally preamble के लिए
40:14not literally
40:15literally
40:15metaphorically preamble के लिए
40:17they wanted
40:19a sovereign country
40:20they wanted justice
40:23social
40:24political, economical
40:25they wanted liberty of thought
40:27what were the Britishers not giving
40:29these kind of things
40:31so के मुंची कहते हैं
40:33कि preamble
40:34is the horoscope
40:35of our sovereign democratic republic
40:37okay
40:37after reading
40:39this sentence
40:40that the preamble
40:41is the horoscope
40:41of our sovereign democratic republic
40:43I am not feeling very bad
40:45about my statement
40:46that preamble is basically
40:47the nameplate of the constitution
40:49I had my doubt
40:51on my imagination
40:52but now
40:53I am okay
40:55I am okay
40:56I think my analogy
40:57was also correct now
40:58oh this is a good confusion
41:05सुनो
41:06ध्यान से सुनना
41:06इसको ध्यान से सुनो
41:07पंडित ठाकुर्दास भारगव थे
41:09constitutional assembly के member
41:10तो इन्होंने क्या कहा है
41:11इन्होंने कहा कि
41:11preamble is the soul of the constitution
41:14और
41:16Dr. B.R. Ambedkar ने
41:18article 32 को
41:19soul of the constitution कहे
41:20तो संभावना ये है
41:29कि UPSC को अगर
41:32इस तमें UPSC के किसी member
41:34ने ये वाला lecture देख लिया
41:35तो ये question UPSC पूछेगा ही पूछेगा
41:37ये वाद ध्यान रखना है
41:39कि पंडित ठाकुर्दास भारगव के
41:42context में बात करोगे
41:43तो वो preamble को soul बता दिये थे
41:45और Dr. B.R. Ambedkar ने
41:46article number 32 को कहा था
41:48heart and soul of the constitution
41:50अब जब सब कह रहे है
41:53तो हम भी कह देते है
41:53मुझे लगता है
41:54part 3
41:55of the Indian constitution
41:57is the soul of the constitution
41:59I think we can
42:03you can commit if you want
42:05it is the key to the constitution
42:10it is the jewel set in the constitution
42:12it is the yardstick
42:13with one which measures the worth of the constitution
42:15आप भी comments में बताव ना
42:17what do you think preamble
42:18it is the highest mountain of the constitution
42:22it is the deepest sea of the constitution
42:25it is the whitest cloth of the constitution
42:28it is the brightest star of the constitution
42:30assuming everybody
42:33look at it
42:33it is the key to the constitution
42:35it is a jewel set in the constitution
42:37it is a proper yardstick
42:38with one measure the worth of the constitution
42:41if constitution is the phone
42:43the preamble is the iPhone
42:45of the constitution
42:46preamble is the CEO
42:56of the constitution
42:56that won't be right
42:57he described the preamble
42:58as the keynote
42:59to the constitution
43:00that makes sense
43:01that slightly makes sense
43:02he was so moved
43:04by the text of the preamble
43:05that he quoted it
43:06at the opening of his popular book
43:07principles of the social
43:08and the political theory
43:09and M. Hidayatullah
43:11Chief Justice of India
43:12whoo kertte the
43:13he said
43:13preamble resembles the declaration
43:15of independence
43:16of United States of America
43:17we read it
43:18yeah it definitely does
43:20but it is more than a declaration
43:22it is the soul of our constitution
43:24so preamble
43:25two girls have told the soul
43:26M. Hidayatullah
43:28and Pandit Chakurdas Bhargava
43:31there are two people
43:32who have called
43:33preamble as the souls
43:34of the constitution
43:35and Ambedkar
43:36has called the
43:37article 32
43:38as the soul of the constitution
43:39which lays down
43:41the pattern
43:41of our political society
43:42it contains a solemn
43:44result
43:44okay
43:45achy-achy vate
43:46about it
43:47constitution
43:49related
43:50do academic
43:51cheejai
43:51abhi tak
43:51toh amne kuch
43:52padhani hai
43:52dekho
43:52simple definition
43:53katha
43:53and I don't think
43:54so none of you
43:55will ever have a problem
43:56in understanding
43:57those definitions
43:57they are like
43:58literally basic
43:59constitution
44:00oh sorry
44:00preamble
44:01related
44:01do academic
44:01cheejai
44:02hoki
44:02first
44:03part or not
44:07is preamble
44:09a part of
44:09constitution
44:10or not
44:10how does that
44:11question arise
44:11will it come to
44:12and second
44:13amendability
44:14ki preamble
44:19ko amend
44:19kia ja sakta hai
44:20ya nahi kia ja sakta
44:21aur kitana kia ja sakta hai
44:22now this is how
44:23it works
44:23you know
44:24supreme court
44:25is the
44:26interpreter of the
44:27constitution
44:27right
44:28what does this
44:28mean is that
44:29ki jab bhi
44:30koi ambiguity
44:31aati hai
44:32constitution
44:32me
44:33to supreme
44:33court
44:34بتata hai
44:34ki kia
44:35version
44:35sahih
44:35so
44:36suppose
44:38kijiye
44:38ki
44:381950
44:40me
44:41suppose
44:41kertai
44:41to
44:411950
44:42me
44:42constitution
44:42and 1951
44:4452
44:44me
44:45koi
44:46aysi
44:47baat
44:48hoi
44:48jis
44:49se
44:49kisii
44:49individual
44:51ko
44:51laga
44:51ki
44:52ye
44:52preamble
44:53ki
44:53against
44:53justice
44:55nahin
44:55ho raha
44:56social
44:56justice
44:56nahin
44:57ho raha
44:57economic
44:57justice
44:58nahin
44:58ho raha
44:58to
44:59individual
44:59supreme
45:01court
45:01chala
45:01gya
45:01aur
45:02us
45:02nne
45:02case
45:03daakhil
45:03kar
45:03diya
45:03ki
45:04preamble
45:05me
45:05likhha
45:05ho
45:05hai
45:06ki
45:06social
45:06justice
45:06hona
45:07chihye
45:07sarkar
45:07kare
45:07nahin
45:08kar
45:08raha
45:08so
45:09question
45:10u'th
45:10gaya
45:10ki
45:11kya
45:11preamble
45:12me
45:12jose
45:12chieze
45:12laggi
45:12hai
45:13woh
45:13actually
45:14constitution
45:14pe
45:15apply
45:15ho rhea
45:15yani
45:15ho rhea
45:16so
45:16supreme
45:16court
45:17will give
45:17a certain
45:17judgment
45:18supreme
45:18court
45:18ab
45:18debate
45:19confusion
45:20start
45:20ho gaya
45:20so
45:21supreme
45:21court
45:21judgment
45:21dhega
45:22ki
45:22kya
45:22preamble
45:23me
45:23jose
45:24chieze
45:24likhye
45:24ho
45:24constitution
45:25pe
45:25apply
45:25ho
45:25tia
45:25ya
45:25nahin
45:26hoti
45:26hai
45:26pahli
45:27baat
45:27to
45:27ye
45:27ki
45:28constitution
45:29jose
45:29interpret
45:30kiya
45:30jasakta
45:31supreme
45:31court
45:31ke
45:31dwarah
45:32that's
45:32the first
45:32thing
45:33supreme
45:34court
45:34can
45:34interpret
45:35does
45:35interpret
45:35the
45:36constitution
45:36they
45:36are
45:36the
45:36interpreter
45:37they
45:37are
45:37the
45:37guardian
45:38of
45:38the
45:38constitution
45:38first
45:39yi
45:39ho
45:39gaya
45:39second
45:50but
45:50agar
45:51chahe
45:51supreme
45:51court
45:51to
45:52is
45:52judgment
45:52ko
45:52palet
45:53bhi
45:53sakti
45:54hai
45:54kuch
45:55salo
45:55ke
45:55baad
45:56dwarah
45:56kisi
45:57nye
45:57case
45:57me
45:57supreme
45:57court
45:58ye
45:58bhi
45:58kya
45:58sakti
45:58hai
45:59ki
45:59preamble
45:59is
45:59not
46:00the
46:00part
46:00of
46:00the
46:00constitution
46:01how
46:02does
46:02that
46:02happen
46:02ye
46:03usually
46:03aise
46:03ho
46:04ta
46:04ki
46:04jas
46:04a
46:05case
46:07tha
46:07jis
46:07supreme
46:08court
46:08nai
46:08kaha
46:08ki
46:09preamble
46:09is
46:10not
46:10apart
46:11not
46:13apart
46:14whole
46:14diya
46:14supreme
46:15court
46:15nai
46:15kaha
46:15lekin
46:16kuch
46:16salo
46:17ke
46:17baad
46:17after
46:18like
46:18at least
46:19two
46:19decades
46:19supreme
46:20court
46:20nai
46:20ka
46:20ki
46:20preamble
46:21is
46:22the
46:22part
46:22it
46:24is
46:24the
46:24part
46:25to
46:25ye
46:25hua
46:25ki
46:25se
46:25usually
46:26number
46:27of
46:27judges
46:27pe
46:27depend
46:28kerta
46:28hai
46:28jab
46:28bhi
46:28constitutional
46:29matter
46:29decide
46:30kerti
46:30ha
46:30supreme
46:30court
46:31to
46:31us
46:31me
46:315
46:32judge
46:32ho
46:32t
46:33constitutional
46:33batch
46:33ke
46:34indar
46:345
46:34judges
46:34milke
46:35decision
46:35leet
46:35hai
46:35ab
46:36ye
46:365
46:37judge
46:37ke
46:37judgment
46:38ho
46:38t
46:38hai
46:38you
46:39basically
46:40law
46:40ho
46:41t
46:41d
46:41d
46:41kera
46:41and
46:42that
46:42he
46:43man
46:43jayega
46:43constitution
46:44ko
46:44us
46:44he
46:44interpret
46:45kia
46:45jayega
46:46the
46:46same
46:49question
46:49when put
46:50in front
46:50of the
46:50supreme
46:51court
46:51a
46:51dv
46:51barah
46:51se
46:52question
46:52a
46:52jay
46:53kore
46:53a
46:53bada
46:54bench
46:55bata
46:55sakti
46:55hai
46:56to
46:56let's
46:56say
46:56ki
46:56a
46:56glee
46:56bar
46:577
46:57to
46:58ab
46:587
46:59judge
46:59baithen
47:00ghe
47:00to
47:00woh
47:00is
47:00decision
47:01kore
47:01reverse
47:01kore
47:02sakti
47:02ha
47:02and
47:03now
47:06if you want
47:07to change
47:07it
47:07it can
47:07also
47:08be
47:08done
47:08ab
47:09agar
47:099
47:09judge
47:09ka
47:10bench
47:10ho
47:10to
47:10woh
47:11duba
47:11ra
47:11se
47:11reverse
47:12kore
47:12sakti
47:12ha
47:12and
47:15so
47:15on
47:16and
47:16on
47:16this
47:16can
47:17go
47:17till
47:17the
47:17final
47:18jb
47:18sare
47:18ke
47:18sare
47:19judge
47:19bait
47:19hai
47:19as
47:20tuk
47:20leken
47:20a
47:21sa
47:21unlimited
47:22ho
47:22jata
47:22hai
47:22as
47:22tuk
47:23sabse
47:23bari
47:23bench
47:24woh
47:24generally
47:24tera
47:25judges
47:25ki
47:25bench
47:26ho
47:26tih
47:26koi
47:27aisa
47:27constitutional
47:27decision
47:29leena
47:29ho
47:29it
47:29important
47:30ki
47:30tera
47:30judges
47:31ko
47:31decide
47:31karna
47:31pard
47:32which
47:32happened
47:32in
47:331973
47:33case
47:34we'll
47:35talk
47:35about
47:35it
47:35preamble
47:36as
47:36part
47:36preamble
47:37banata
47:38constitution
47:39a
47:39controversy
47:40uthi
47:40ki
47:40woh
47:41preamble
47:41constitution
47:42ka
47:42part
47:43hai
47:43ya
47:43nahi
47:43hai
47:43right
47:45it's
47:45something
47:46like
47:46that
47:46ab
47:47example
47:47let me
47:48give
47:48you
47:48an
47:48example
47:49with
47:49this
47:49this
47:53is
47:53ncrt
47:53history
47:54class
47:547th
47:56our
47:56past
47:56two
47:56so
48:11this
48:11class
48:12is
48:12the
48:13forward
48:14ok
48:14this
48:15says
48:15forward
48:15and
48:16it
48:16says
48:16the
48:16national
48:17curriculum
48:17framework
48:182005
48:18recommends
48:19the
48:19children's
48:20life
48:20at
48:20school
48:20or
48:20kuch
48:21kuch
48:21kuch
48:21kuch
48:21chijay
48:22likhi
48:22hoi
48:22hai
48:22it
48:23is
48:23signed
48:24by
48:24the
48:24director
48:24national
48:25council
48:26of
48:26educational
48:26research
48:26and
48:27training
48:27ncrt
48:27ki
48:27director
48:28ncrt
48:28kya
48:29joh
48:30eek
48:30page
48:31ka
48:31document
48:32hai
48:32question
48:33ye
48:33ki
48:33kya
48:34book
48:34ka
48:34paart
48:34hai
48:34ya
48:35nai
48:35hai
48:35and
48:35you
48:35will
48:35ask
48:36ki
48:36sir
48:36yoh
48:36e
48:37exams
48:38huye
48:38or
48:39teacher
48:39nai
48:39h
48:40anndra
48:40wale
48:41chapter
48:41se
48:41question
48:41pooch
48:58And student might actually say, it is not.
48:59Book is basically when chapter 1 starts.
49:04Like chapter 1 starts.
49:05Here the book starts.
49:07What's the difference between the two days and the two days?
49:09So, argument is possible.
49:10And this is what preamble is.
49:12Preamble is kind of a forward of Indian constitution.
49:15So, debate is on the Supreme Court.
49:18So, this case was the Berubari Union case of 1960.
49:24Okay?
49:24Two cases.
49:26Three cases.
49:26Two important cases.
49:28Berubari Union case.
49:29Supreme Court is the name of the case.
49:31The question is, the preamble part is not.
49:33So, the Supreme Court has said, look, the preamble is very important.
49:39It is very important.
49:41But it is not the part of the Constitution.
49:44The preamble shows the general.
49:45It is a key to the mind.
49:48If there is something in an article that is ambiguous, it is written.
49:50But despite this recognition, the Supreme Court specifically opined.
49:55And the preamble is not a part of the Constitution.
49:58Okay.
49:58So, 1960-1970 to 1970, the preamble is not a part of the part of the Constitution.
50:03So, the preamble is not a part of the Constitution.
50:05So, the Supreme Court has said, the preamble is part of the Constitution.
50:09So, in 1973, there is an important case called Keshavanand Bharti case, 1973.
50:14Okay.
50:14So, the Supreme Court has said, the preamble is not a part of the Constitution.
50:26So, the preamble is an integral part of the Constitution, no doubt about it.
50:42So, the preamble is not a part of the Constitution, no doubt about it.
50:46The second one is that, the Supreme Court has also clarified that the preamble is a part of the Constitution.
50:53But the preamble of any provisions or words, the Constitution does not affect the Constitution.
50:59It is there, but the Constitution does not affect the Constitution.
51:02So, any other part of the Constitution, the preamble was also enacted by the Constituent Assembly.
51:14Now, the preamble, someone says that the preamble was made by the Constituent Assembly, but the whole Constitution was made by the Constitution.
51:20It was made by the Constitution, which is logical.
51:22How do you put it first?
51:24The preamble is kind of a summary, kind of a vision of the Constitution.
51:28You can't put it, you can't create it before.
51:31The preamble by the nature of being a preamble can only be created after the Constitution is basically completed.
51:37So, that's a good thing.
51:38While forwarding the preamble for words, President of the Constitution and the Constitution said,
51:42the question is that the preamble stands part of the Constitution.
51:45So, currently, the Supreme Court says that the preamble is a part of the Constitution in consonance with the opinion of the Founding Fathers.
51:55Because the Constituent Assembly says that the preamble is part, so the Supreme Court has also given that the preamble is part of the Constitution.
52:01But there is one catch.
52:04Two things.
52:05The preamble is neither a source of power to the legislature nor a prohibition upon the power of the legislature.
52:10The preamble is non-justiciable, it is non-enforceable in the courts of law.
52:28Non-justiciable.
52:30It's not written, it's not a good thing.
52:33Technically speaking, the preamble in the provisions are in one way or the other in the Constitution also.
52:40It's not possible that the preamble is written in the Constitution.
52:42The preamble is a vision.
52:44The vision is achieved by the document.
52:46The preamble is obviously in the Constitution.
52:49But the legality of the issue is that the preamble is non-justiciable.
52:53The preamble is written in the court.
52:54The court is written in the court.
52:55It's not possible that the preamble is written in the Constitution.
52:57Though, technically speaking, whatever preamble is written in the Constitution is written in the Constitution, it is related provisions in the Constitution.
53:02The first thing is, finally, how do we summarize it?
53:06The preamble is part of the Constitution?
53:09Yes.
53:10However, first, it is not a source of power to the legislature.
53:15Neither it is basically a prohibition.
53:17Neither it is a prohibition.
53:19And the second more important part about the preamble is that it is non-justiciable.
53:24The preamble, DPSPs, and the fundamental duties.
53:29Rest, every word of the Constitution is the law of the country.
53:35They are also law of the country, technically.
53:37Amendability.
53:38Now, the question is that we can amend the preamble or not.
53:41Which, very weirdly, there is no problem here.
53:44Actually, man.
53:46Look.
53:46The question is, can the Constitution be amended or not?
53:50Can the Constitution be amended or not?
54:04I'll write it in a better handwriting with a little bit more patience.
54:19Slightly more legible, right?
54:21Can the Constitution be amended or not?
54:24It's a detailed chapter.
54:25We'll read the whole chapter.
54:27Amendability of the Constitution.
54:28The answer was given to this question in the Keshav Nand Bharati case,
54:35which we are reading in 1973.
54:39The answer is this, that the whole Constitution can be amended,
54:46except the basic structure of the Constitution.
54:48Supreme Court has made a judgment that any part of the Constitution can be amended,
54:54the preamble, fundamental rights, DPSPs, all the way to the Parliament can be amended.
55:01Except the basic structure.
55:09So, when it comes to the preamble, yes, preamble can be amended,
55:14but preamble's basic structure.
55:15If it comes to the constitution, it will not be able to get it.
55:17Just the way it will be written.
55:19The amending power of Article 368 cannot be used to destroy or damage the basic element of the fundamental.
55:26The Supreme Court said that the preamble is the part of the Constitution.
55:30Where you had to be wronged.
55:33The preamble can be amended, yes,
55:35subject to the condition that the basic structure of the amendment seems to be amended.
55:40The basic elements of the fundamental feature of the constitution as contained in the preamble cannot be altered.
55:47That is it.
55:48So preamble, by the 42nd constitutional amendment, three new words added.
55:53Socialist, secular and the integrity.
55:57The amendment is valid.
56:00It is valid.
56:02The basic structure of our country, the basic structure of our country has no choice.