In relation to formation of the Constitution of India which of the following sentences is/are correct

Q – In relation to formation of the Constitution of India which of the following sentences is/are correct-

1. Resolution of objectives by Nehru affected the making of the Constitution.

2. Preamble fulfils various important objectives/aims.

3. Peoples of India ordered/directed the Constitution.

4. Head of the state is elected by the people directly.

Code:

(a) 1, 2 and 3

(b) 1, 3 and 4

(d) All of the above

U.P.P.C.S. (Mains) 2010

Ans. (a)

Explanation – Under Indian Constitution, the head of the State i.e. the President is not elected by people directly; but by people’s representatives which include elected members of both the Houses of Parliament, elected member of the State Legislative Assemblies of all the States including Union Territories. Rest other three options are correct.

PREAMBLE

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 2[unity

and integrity of the Nation];

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Source : Constitution Of India

Meaning of Republic

The concept of ‘republic’ is that of a State in which the people are supreme, there is no privileged class and all public offices are open to every citizen without any discrimination. There is no hereditary ruler and the head of the State is elected by the people for a fixed term. He is usually called the President of the Republic.

For Cooley, a republican form of government is “a government by representatives chosen by the people.”

In the words of Justice Hidayatullah: “A Republic is a State in which the supreme power rests in the final analysis with the people and not with a single individual like a king or the like.” Democratic republic may, therefore, broadly mean a State with an elected head and a government by the representatives of the people.

According to Madison in The Federalist:

Republic is a government which derives its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure, for a limited period, or during good behaviour.

It is in the widest sense that the Preamble speaks of India being a Republic. With the commencement of the Constitution on 26 January 1950, India ceased to be a dominion and no more owed any allegiance to the Crown.

The head of the Union is a President who is elected for a fixed term by an electoral college of the representatives of the people. All citizens are equal in the eyes of law, there is no privileged class and all public offices are open to every citizen without any distinction of race, caste, sex or creed.

Source : Our Constitution – Subhash C. Kashyap

A democratic polity can be classified into two categories-

monarchy and
republic.

In a monarchy, the head of the state (usually king or queen) enjoys a hereditary position, that is, he comes into office through succession, e.g., Britain.

In a republic, on the other hand, the head of the state is always elected directly or indirectly for a fixed period, e.g., USA.

Therefore, the term ‘republic’ in our Preamble indicates that India has an elected head called the president. He is elected indirectly for a fixed period of five years.

A republic also means two more things:

one, vesting of political sovereignty in the people and not in a single individual like a king;
second, the absence of any privileged class and hence all public offices being opened to every citizen without any discrimination.

Source : Indian Polity – M Laxmikanth