PREAMBLE of CoI : PREAMBLE
CoI
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Explanation using Example
Example 1:
Scenario: A public school in India decides to celebrate a religious festival by making it mandatory for all students to participate in the rituals.
Application of the Preamble: The Preamble of the Constitution of India declares India to be a "SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC" and ensures "LIBERTY of thought, expression, belief, faith and worship" to all its citizens. This means that the school cannot force students to participate in religious activities against their will, as it violates their liberty of belief and worship. The school must respect the secular nature of the state and allow students the freedom to choose whether or not to participate in religious rituals.
Example 2:
Scenario: A government job recruitment process is found to be biased, favoring candidates from a particular social class.
Application of the Preamble: The Preamble aims to secure "JUSTICE, social, economic and political" and "EQUALITY of status and of opportunity" for all citizens. If a government job recruitment process is biased, it undermines the principles of justice and equality. Legal action can be taken to ensure that the recruitment process is fair and provides equal opportunities to all candidates, regardless of their social class. This aligns with the Preamble's commitment to social and economic justice and equality of opportunity.
Example 3:
Scenario: A group of citizens organizes a peaceful protest against a government policy they believe is unjust.
Application of the Preamble: The Preamble guarantees "LIBERTY of thought, expression, belief, faith and worship" and aims to secure "JUSTICE, social, economic and political." The citizens' right to organize a peaceful protest is protected under the liberty of expression. As long as the protest is peaceful and does not incite violence, it is a legitimate exercise of their constitutional rights. The government must respect this right and cannot arbitrarily suppress the protest, ensuring that the principles of justice and liberty are upheld.
Example 4:
Scenario: A marginalized community is denied access to public facilities such as parks and libraries.
Application of the Preamble: The Preamble promotes "FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation" and ensures "EQUALITY of status and of opportunity." Denying a marginalized community access to public facilities violates their dignity and the principle of equality. Legal measures can be taken to ensure that all citizens, regardless of their background, have equal access to public amenities, thereby promoting fraternity and unity within the nation.