The Preamble to the Constitution of India outlines the fundamental principles and sources of its authority. This preamble is derived from the Objectives Resolution, proposed by Jawaharlal Nehru in the Constituent Assembly on December 13, 1946. The resolution was accepted on January 22, 1947, and officially adopted by the Constituent Assembly on November 26, 1949. The Constitution came into effect on January 26, 1950, marking India’s Republic Day.

During the Indian emergency, Indira Gandhi made amendments to the Preamble, introducing the words “socialist,” “secular,” and “integrity.” This highlights how the Constitution can adapt to changing circumstances.

Historical Background: The Preamble of the Constitution of India finds its roots in the Objectives Resolution, introduced by Jawaharlal Nehru in the Constituent Assembly on December 13, 1946. After being accepted on January 22, 1947, it was officially adopted by the Constituent Assembly on November 26, 1949, and came into effect on January 26, 1950.

B. R. Ambedkar’s Perspective: B. R. Ambedkar emphasized the Preamble as a guiding philosophy, describing it as a “way of life” that recognizes liberty, equality, and fraternity as inseparable principles. According to him, these principles are interdependent, and the absence of one would disrupt the harmony of the others.

Debates and Arguments: During the Constituent Assembly’s deliberations on the Preamble, there were discussions about renaming India as the ‘Union of Indian Socialistic Republics,’ mirroring the U.S.S.R. This idea was not widely accepted. There were also debates on whether to include ‘God’ and ‘Gandhi’ in the Preamble. The suggestion to include ‘God’ was voted against, and there was disagreement on incorporating Gandhi’s name, with some members expressing dissatisfaction with what they saw as a non-Gandhian Constitution.

Constitutional Artwork: The Preamble page, along with other pages of the original Constitution of India, was artistically designed by Beohar Rammanohar Sinha of Jabalpur. Sinha’s work, endorsed by Nandalal Bose, remains unaltered and is marked with his signature in the lower-right corner. The calligraphy for the Constitution was crafted by Prem Behari Narain Raizada.

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Topic No.Topic Name
Topic 1Original Text
Topic 2Preamble – Basics
Topic 3Amendment (42nd Amendment Act)
Topic 4Interpretation –
1. Source of Power
2. Nature of Indian State
3. Objectives
4. Date of Commencement
Topic 5Key words in the Preamble –
1. Sovereign
2. Socialist
3. Secular
4. Democratic
5. Republic
6. Justice
7. Liberty
8. Equality
9. Fraternity
Topic 6Amendability of the Preamble

Significance of Preamble in the Indian Constitution:

  1. Introduction and Foundation:
    • The Preamble serves as the inaugural page of the Indian Constitution, introducing its ideals and principles.
    • Adopted on January 26, 1950, known as Republic Day, the constitution is the supreme law of India.
    • All legislation and legal interpretations must align with the constitution in both its literal and spiritual sense.
  2. Guiding Principles:
    • The Preamble establishes the overarching principles that guide the various statutes, provisions, and underlying articles of the constitution.
    • It represents the power and authority derived from the people.
  3. Framework of Governance:
    • The constitution declares India to be a sovereign, socialist, secular, and democratic republic.
    • It ensures justice, equality, and liberty for citizens, promoting a sense of fraternity.
    • The governance system is structured around the Parliament form, with distinct pillars of executive, judiciary, and legislature operating independently.

Importance of the Preamble:

  1. Introduction to Constitutional Laws:
    • The Preamble acts as a prelude, introducing and framing the foundational principles of the constitution.
  2. Clarification of Terms and Philosophy:
    • It clarifies fundamental terms, defines philosophy, and outlines specific details to restrict interpretation.
  3. Explanation of Constitutional Laws:
    • The Preamble explains the core concepts and principles behind constitutional laws, outlining the values and objectives of the constitution.
  4. Declaration of Foundation:
    • While not granting authority, the Preamble declares India as a sovereign, socialist, secular, and democratic republic.
    • It emphasizes citizens’ entitlement to justice, equality, and liberty, along with the intent to foster a sense of fraternity among the people.

Preamble as a Part of the Constitution:

Introduction: The ideals of the Constitution find expression in the Preamble, enacted alongside the Constitution on November 26, 1949. Accepted by the Constituent Assembly after the Draft Constitution’s ratification, the Preamble embodies the Constitution’s purpose and ideology, stating its goals and identifying the source of its power.

Key Components of the Preamble:

  • The words “We, the People of India…” emphasize that the Constitution is crafted by the citizens/residents of India, distinguishing it from prior laws enacted by the British Parliament.
  • Reflects influence from the American Constitution, both placing the power of constitution-making in the hands of “We the People.”
  • Embraces the Russian Constitution’s ambition for justice and incorporates ideas of Liberty, Equality, and Fraternity from the French Constitution of 1791.

Parts of the Indian Constitution:

  • The Indian Constitution is the world’s longest written, featuring 395 objects initially, divided into 22 segments and eight schedules.
  • Comprising 448 articles, divided into 25 sections and 12 schedules, with 105 modifications.
  • Various parts of the Constitution cover subjects ranging from the Union and its territory to temporary, transitional, and special provisions.

Scope of the Preamble:

  • Acts as a prelude, introducing and framing foundational principles of the constitution.
  • Clarifies fundamental terms and philosophy, outlining specific details to restrict interpretation.
  • Explains core concepts and principles behind constitutional laws, outlining the values and objectives of the constitution.
  • Declares India as a sovereign, socialist, secular, and democratic republic, emphasizing justice, equality, liberty, and fraternity.

Is Preamble a Part of the Constitution?

  1. Berubari Case:
    • The preamble is not considered a component of the constitution by an eight-judge panel.
  2. Kesavananda Bharati case:
    • The preamble is acknowledged as a component of the constitution.
    • Serves as an introduction and has no legal authority but plays a significant role in interpreting statutes.

The Preamble is foundational to the entire structure of the Indian Constitution, making it a living document that echoes the central idea of India’s Constitution. It declares the source and power of the Constitution, embodying its goals, objectives, and philosophy. While the status of the Preamble as a part of the constitution has been debated, it remains a key to interpreting the Constitution’s provisions and reflects the experiences of its architects.

FAQs

  1. What is the historical background of the Preamble to the Constitution of India?
    • Answer: The Preamble finds its roots in the Objectives Resolution proposed by Jawaharlal Nehru in 1946. Accepted in 1947, adopted in 1949, and effective from January 26, 1950, it sets the foundation for the Indian Constitution.
  2. How did the Preamble undergo changes during the Indian Emergency, and what were the amendments made by Indira Gandhi?
    • Answer: During the Indian Emergency, Indira Gandhi amended the Preamble, introducing the words “socialist,” “secular,” and “integrity.” This adaptation showcased the Constitution’s flexibility in response to evolving circumstances.
  3. What was B. R. Ambedkar’s perspective on the Preamble, and how did he describe its significance?
    • Answer: Ambedkar emphasized the Preamble as a guiding philosophy, considering it a “way of life” that recognizes liberty, equality, and fraternity as interdependent principles crucial for maintaining harmony.
  4. What were the debates and arguments during the Constituent Assembly discussions on the Preamble, including proposals for renaming and incorporating specific names?
    • Answer: Discussions included proposals to rename India as the ‘Union of Indian Socialistic Republics’ and debates on incorporating ‘God’ and ‘Gandhi’ in the Preamble. The idea of renaming was not widely accepted, and there was disagreement over Gandhi’s inclusion.
  5. How does the Preamble serve as a part of the Constitution, and what are its key components and scope?
    • Answer: The Preamble serves as an introduction, framing foundational principles and clarifying terms. It declares India as a sovereign, socialist, secular, and democratic republic, emphasizing justice, equality, liberty, and fraternity. While debated in legal cases, it plays a crucial role in interpreting statutes.

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