Preface:

The term Preamble refer to the introduction to the Constitution. Preamble to the constitution of India is a brief introductory statement that setout the purpose and principles of the document, and it indicate the source from which the document derives its authority. The beginning of the Preamble of the Constitution states that :

“We, the people of India, have solemnly resolved to Constitute India into a sovereign socialist, secular and democratic Republic and to secure all its citizens.”

Objective of the Preamble Study:

Preamble refer to nature of Indian state and the objectives, which are to be achieved for all the citizens. Preamble accepts the principle of popular sovereignty. It begins with the word,” we the People of India” and these testify to the fact that people are the ultimate sources of the authority. The preamble embodies what is the desire of every member of the house , that the constitution should have its roots, its authority its sovereignty from the people. The Preamble refer to the five cardinal features of India as a state. Out of the five cardinal features, the India is a democratic denotes that the constitution has established a form of Govt. which gets its authority from the people. The rulers are elected by the people and get there are responsible to them.

Universal adult franchise, Periodic elections, rule of law independence of judiciaries, is some of the manifestations of democratic characters of Indian polity.

The Preamble lists four cardinal objectives, which are to be ‘secured for all citizens’.

These objectives are justice, liberty, equality & fraternity.

In its political dimension justice means equal free & fair opportunities to the people to elect their representative, provision for free & four elections. Government function by consent, where the sovereignty lies with people . It’s a social contract, whereby we agree, via contract to be governed by our elected representatives while retaining the right to change them through periodic elections. After each election the political power remains in the hand of few. The first - past –the -Post electoral system in which the candidate getting higher number of votes is declared elected. This system dosen’t represent the ”, we the people of India” fully in the Parliament .

Role of Preamble and Judicial Interpretation:

Supreme Court in the decision in Kesavananda Bharti v State of Kerla in 1960 held that the Preamble is the part of Constitution Sikri C.J. observed that the preamble of the constitution is the extreme importance and Constitution should is the extreme importance and Constitution should be read and interpreted in the light of the grant and noble vision expressed in the Preamble. In L.I.C. of India v consumer education and Research Centre (1995), Supreme Court held that the Preamble is an integral part of the Constitution.

In the judgment of SC in Usha Bharati v U.P. (2014), notes that the preamble of constitution as encoding goals of the, we the people “ in the preamble of the Constitution permeates all the other provisions of the Constitution. The fundamental aim of the Constitution is to give power to the people. In the Golaknath v state of Punjab, (1967), Supreme Court ruled that Parliament doesn’t have the power of amend or curtail any of the fundamental rights. Supreme Court in the famous judgment in the case of Indira Gandhi v Raj Narayan (1975), ruled that free & fair elections as unalterable part of the Indian Constitution

Statement of Problems:

Constitutional Provisions authorizes the legislature to provide for elections contests to determine where & by what means election contest shall be conducted. The election of a candidate is the result of the exercise of their rights of voting by the electorate. The right of minority who has not voted to the elected candidate are deprived of political justice & their right to be heard in Parliament. The rule of majority is the deciding factor of the elections & no law or amendment of the fundamental instrument has provided for the abrogation of the electoral process. The freedom is carefully written in the constitution, but today its over abandon of political power concentrated in single political party. The determination of Indians to participate in the events of election and processes that shape their lives plays a vital role. People have not surrendered their rights and freedom and agreed to become slaves of their elected representatives. Madhu Limaye said that he too have been won the election to the LokSabha but his voters had not authorized him to abolish their fundamental rights.

In the judgment of Kesvanand Bharati case, Justice Hegade said that, “ Two third of the member of the two houses of Parliament need not necessarily represent the majority of the people of this country. Our electrol system is such that even the minority of voters can elect more than 2/3 of the member of either House of Parliament. Our Constitution was framed on the basis of consensus and not on the basis of majority. It provides the protection of minority . If the majority opinion is taken as a guiding factor, then the guarantee given to minorities may because valueless.”

“Therefore, the contension on behalf of Union & States that the two third of the members of the two houses of Parliament are always authorized to speak on behalf of entire people of this country is unacceptable.”

The Law Commission of India, in its 170th report on reform of the electoral Laws submitted in May 1999 recommended that only a candidate obtaining 50% +1 votes shall be declared elected a run off election should be held, where necessary. The Law Commission in their report also stated that in many cases winning candidate is receiving 30% of or less of valid votes cast. The remaining 70% or more votes polled are practically going waste, without representation and without the voice in the representative bodies, namely the State legislature & Parliament. Therefore the winning candidates can’t be said to represent them. The elected representative, it may be assumed voice of current opinions on major items of policy of the time of elections. The elected politician generally represents his own views & is not an echo of his constitutions. The electorate is too large too varied & unfortunately too ignorant even in the countries with widespread literacy and on that account rarely voices an effective opinion on a given problem. The legislator represents his constituency he does not reflect it. Add to this the serious implication of a party ‘whip’and one can realize how a legislator loses his identity altogether.

The then A.G.Soli Sorabhji, also commented on the Lack of representational legitimacy of the parliament. He has stated that Candidates usually win by obtaining less then 50% of votes cast, that is with more votes cast against them than in their favour. This low representative character of the legislate even after more fifty years of Independence, casts serious doubts about the reality of democracy.

Recommendations:

In order to represent the majority of people in both the houses of Parliament & states Assembly the recommendation of compulsory voting will make India move democratic. It’s the more towards the more accountable society. We failed because in each general election the need for reform in our electoral system. There is the need to insist that each candidate must obtain 70% of vote cast so as to represent the entire people in the Parliament. The recommendation of Law Commission Report to reform the electoral system is also an opinion to accept. Law to protect the fundamental lights on the line of Civil rights of USA may be the vital protective measures of reformation. Right to recall the elected representative as is seen in state of Calfornia may be implemented.

Conclusion:

The basic philosophy of the constitution of India is to be found in the essence of the Preamble itself. The democracy power flows from people . The constitution declared that sovereignty lies with the people as a whole. The Objective of the Preamble of India a democratic Republic is to have people to be represented in the legislative. The Present first -past- the Post system of election on the rule of majority need to be reformed on the basis of Law Commission Reports & the enacting the election laws for compulsory voting. Civil right Act & the right to recall the elected representatives . We must respect and inculcate in the people respect. All students of Law & in Court certainly need to be educated in constitution values.

Reference:

1) Keshvanand Bharati v State of Kerala, AIR 1973 SC 1461

2) Indira Gandhi v Raj Narayan, 1976 2 SCR 357

3) Usha Bharti v State of U.P, AIR 2014 SC 1686

4) Constitution of India,

5) Law Commission of India 170th report of May 1999.

6) Constituted Assembly debates on Draft Constitution of India

7) Golaknath v/s State of Punjab, 1967 AIR 1643