WE THE PEOPLE

ABSTRACT



We the people is an introductory statement of The Constitution of India , a guiding principle for the functioning of the country. In Indian constitution, we the people of India and grand statements like JUSTICE, LIBERTY AND EQUALITY of status are highlighted with the utmost care. Further the 'DIGNITY OF THE INDIVIDUAL' has been declared. The directions for the nation are laid out and can be considered as the spirit and soul of the constitution, and hence the country. Whenever I read these lines, I get goosebumps. Each time, I dream of India the way it is projected in the Preamble. Giving priority to Justice above Liberty, Equality and Fraternity in itself shows that Dr. B. R.Ambedkar a social reformer, was bent on developing India as a just society. This article we see about comparison between India and USA of we the people.


INTRODUCTION :


WE, THE PEOPLE OF INDIA,

having solemnly resolved to constitute India

into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC

and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity; and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this 26th day of November, 1949,

do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

The above mentioned Preamble to The Constitution of India is an introductory statement, a guiding principle for the functioning of the country.

WE THE PEOPLE of the United States, in Order to form a more perfect Union, establish JUSTICE, insure domestic Tranquillity, provide for the common defence, promote the general Welfare, and secure the Blessings of LIBERTY to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The above mentioned Preamble to the Constitution of India is an introductory statement, a guiding principles and fundamental purposes.


FRATERNITY:-

We the people defines people unity . One of the important ingredient of unity is fraternity. Each people behave like Fraternity. Fraternity is the solution of discrimination. This refers to a feeling of brotherhood and a sense of belonging with the country among its people. It embraces psychological as well as territorial dimensions of National Integration. It leaves no room for regionalism, communalism, casteism etc., which hinders the unity of the State.

The Preamble declares that fraternity has to assure two things—the dignity of the individual and the unity and integrity of the nation. The word 'integrity' has been added to the Preamble by the 42nd Constitutional Amendment (1976).



THE CONSTITUTION OF INDIA : WE THE PEOPLE

ARTICLE 248:-

Residuary powers of legislation

(1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List

(2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists

CONSTITUTION OF THE UNITED STATES : WE THE PEOPLE

10th AMENDMENT :-

The 10th Amendment, sometimes written as the “Tenth Amendment,” restricts the powers of the federal government. As part of the Bill of Rights, this amendment stands as a reminder of the importance of the states and the role that the people play in ensuring a just government. The 10th Amendment states that any powers not specifically granted to the federal government are given to the states or the citizens of the states. The text of the 10th Amendment to the United States Constitution reads: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

RESERVED POWER

The 10th Amendment to the U.S. Constitution was designed to prevent the federal government to run amok, claiming powers the people do not wish it to have. While certain enumerated (listed) powers are given to the federal government, this amendment specifically reserves all other powers to the states, or to the people.

Example of 10th Amendment Reserved Powers

When questions arise over which level of government is responsible for, or has authority over, any issue, simply referring to the specifically listed powers granted to the federal government provides an answer. For instance, questions about how to format important road signs is not mentioned in the Constitution – it is a state power. Policies on issuing drivers’ licenses is not mentioned in the Constitution – it is a state power. Forming and maintaining fire suppression agencies is not mentioned in the Constitution – it is a state power. The example of 10th Amendment limitations could be quite large, as the federal government is specifically granted a narrow catalogue of authority



COMPARISON BETWEEN ARTICLE 248 AND 10th AMENDMENT :-


ARTICLE 248. : Power given to parliament/ state /union.

10th AMENDMENT: Power given to people.


FEDERALISM

U.S.A.:Article 4, Section 3 of the U.S. Constitution clearly says that no new states shall be formed or erected within the jurisdiction of any other state without the consent of the legislatures of the states concerned as well as of the Congress. Further banking on Texas vs.White, it was concluded that that constitutional limitation is necessary to prevent concentration of power on either National or State level. Chief Justice Salmon P. Chase commented that the federal Constitution “in all its provisions looks to an indestructible Union, composed of indestructible States.” Thus, it may be concluded that no state may secede from the union from the U.S. Constitution.

India: The constitution of India declares that India, that is Bharat, shall be a Union of States. It empowers Parliament to admit into the Union, or establish, new States on such terms and conditions as it thinks fit. Further Parliament can by law form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State; increasing the area of any State; diminishing the area of any State; altering the boundaries of any State; or altering the name of any State. On a conjoint reading of these Articles, it becomes clear that Parliament has the right to form new States, alter the areas of existing States, or the name of any existing State. Thus the Constitution permits changes in the territorial limits of the States and does not guarantee their territorial integrity. Even names can be changed. Under Article 2 it is left to the Parliament to determine the terms and conditions on which it may admit any area into the Union or establish new States. In doing so, it has not to seek the concurrence of the State whose area, boundary or name is likely to be affected by the proposal. All that the proviso to Article 3 requires is that in such cases the President shall refer the Bill to the legislatures of the concerned States likely to be affected ‘to express their views’. Once the views of the Sedates are known, it is left to Parliament to decide ‘on the proposed changes. The Parliament can, therefore, without the concurrence of the concerned State or States change the boundaries of the State or increase or diminish its area or change its name. These provisions show that in the matter of Constitution of States, Parliament is paramount.

CONCLUSION :

We the people describe the people unity, liberty, justice, equity. Our country is filled with a lot of caste, religion, language. Whatever come we never discriminate between ourselves. Dr. Ambedkar is Father of constitution. The only people who have to fulfill his dream of India are “WE, THE PEOPLE OF INDIA”. Lot of difference we see about Indian constitution and US constitution . This seems to US is more preference give people than India.

“ Alone we can do so little, Together we can do so much .”

- Helen Keller.


Credit: ATCHAYALAKSHMI.V

Clg name: SCHOOL OF EXCELLENCE IN LAW,(SOEL)

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