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Title: Introduction to the Preamble of Indian Constitution

Author : Gungun Kumari

Department of Commerce , MAHE

Subject: Indian Constitution

Instructor: Dr Rahul Mishra

Submission Date: October 10, 2022

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CONTENT

S.NO TOPIC PAGE

1 Father of the Indian constitution 3
2 Constitution of India 3
3 The records of the Indian constitution 4
4 Why do we want a constitution? 4-5
5 The Framing of the constitution of India 5-6
6 what is the Preamble???? 6
7 The Preamble to the Indian Constitution 7
8 Purpose of getting a Preamble 7
9 Enacting components 8
• SOVEREIGN 8
• SECULAR 8
• SOCIALIST 9
• DEMOCRATIC 9
• REPUBLIC 9
• JUSTICE 10
• LIBERTY 10
• EQUALITY 10
• FRATERNITY 10
• AMENDABILITY 10-11
• 42 Nd Amendment 11

10 Importance/ value of the PREAMBLE 11

11 References 12
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1 Father of the Indian constitution

A drafting committee became elected via the constitution assembly on the twenty-ninth of
august 1947. It elected Dr. B.R. Ambedkar1 to be its President. The constitution as organized
via the drafting committee circulated on 21 February 1948. This formed the basis of debate in
and outdoor the constituent assembly. The drafting committee had 7 participants.

2 constitution of India

Indian constitution seeks to set up the quintessential organs of presidency and administration,
lays down their structure, composition, powers, and essential capabilities, defines the inter-
courting of one organ with any other, and regulates the relationship amongst the citizen and the
country, more especially the political relationship. The constitution describes how India is split
into States and Union Territories. There are governments at each tier. One in the Centre (Delhi)
for the entire of us and the contrary in each kingdom or Union Territory for that united states
or Union Territory. This alternative was carried out due to the fact, the members of the
Constituent meeting felt that India was a united states with a huge population and one
government at the Centre may not be capable of clearing up the problems and searching after
the interests of all the people and the specific regions. The constitution grew to become in
consequence adopted on 26 November 1949. The constitution turned into enforced with impact
from January 26, 1950. From that day India became a Republic.

The constitution has three crucial capabilities. First, it installed a country-wide authority
composed of legislative, government, and judicial departments, and set up a mechanism of
exams and balances amongst these three departments. second, it distributes power between the
federal authorities and the states. third, it protects the rights of the people.

1
Dr. Bhimrao Ramji Ambedkar (14 April 1891 -6 December 1956), popularly known as Babasaheb, was an
Indian jurist, politician, philosopher, historian, and economist.
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3 The records of the Indian constitution

India is now a unitary republic with 28 federal entities grouped into seven unions. It has a
representative gadget modeled on the Westminster parliamentary system2. The British
authorities conquered India in the early 18th century, bringing it into contact with the west for
the essential time. It modified into a concern of British colonialism in the mid-nineteenth
century. The feudal regime in British India, or the British Raj, was led by using a Viceroy who
moreover held the name of Governor-General until 1947, while the struggle for the freedom,
marked through an extensive-unfold peaceful protest revolutionary motion, led to
independence from Britain’s Imperial strength.

The crucial rules of India turn out to be broadly speaking codified in a chain of guidelines set
up with the aid of the British Parliament previous to the constituent meeting convening in 1948
to diagram the Indian constitution, which was ratified in 1950 and continues to be in force
nowadays. The authorities of the India Acts of 1919 and 1935 has vitally pertinent.

4. Why do we want a constitution?

In well-known

I. We desire a constitution to govern a nation well.

II. The constitution defines the nature of the political device of a country.

III. Now and then, we trip a problem that we may want to skip against our large interests, and
the constitution allows us to defend against this.

IV. All three organs of government (executive, legislature, and judiciary) function inside the
constitution. All three organs of the presidency, consisting of daily citizens, derive their power
and authority (i.e., indispensable rights) from the constitution. If they act against it, it is far
unconstitutional and illegal.

2
The Westminster system or Westminster model is a type of parliamentary government that
incorporates a series of procedures for operating a legislature. This concept was first developed
in England.
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So, a constitution is required to have an authoritative allocation of power and characteristic and
to avoid them internal its limitations.

To raise out the following functions, we want a constitution:

1. The principal characteristic of a constitution is to offer a set of main tips that permit for
minimal coordination amongst members of a society.

II. The second feature is to specify who has the power to make decisions in a society. It decides
how the authorities can also be constituted.

III. The third attribute is to set a few limits on what a central authority can impose on its citizens.
Those limits are necessary for the feeling that government may additionally ever trespass on
them.

IV. The fourth characteristic of a constitution is to enable the authorities to meet the separations
of society and create stipulations for a simple society.

5. The Framing of the constitution of India.

The Constituent Assembly of India was once elected to write the constitution of India.
Following India's independence from high-quality Britain, its contributors served as the
country's first Parliament.
This body was shaped in 1946 for the cause of making independent India's constitution. The
meeting surpassed a decision in 1947 January defining the goals of the constitution:
1) To set up a Union of India comprising British Indra and the princely states.
2) To set up a federal structure of the presidency with separate state and central governments.
3) To set up a democracy wherein all potentiality is derived from people:
I) in which all of us are guaranteed justice, equality, and freedom
II) where minorities, depressed lessons, and the tribal's rights are blanketed
4) To assist India to obtain its rightful vicinity inside the international - and works for peace
and welfare of all mankind.
Dr. Sachidananda Sinha3 grew to become the first president (brief) of the Constituent

3
Dr. Sachidananda Sinha was a member of the Imperial Legislative Council and the Indian Legislative
Assembly. Sinha began his career as an advocate in 1893 practicing in the Calcutta High Court. He
subsequently practiced in the Allahabad High Court starting 1896 and Patna Court starting1916.
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Assembly when it met on December nine, 1946. Later, Dr. Rajendra Prasad have emerged as
the President of the Constituent Assembly and Dr. Bhimrao Ambedkar grew to become the
Chairman of its draft committee on December eleven,1946.
The Constituent Assembly consisted of 385 individuals, of which 292 have been elected by
way of the use of the elected individuals of the Provincial Legislative Assemblies even as 93
people were nominated with the resource of the Princely States. To these had been to be
deliver a representative each from the 4 chief Commissioners Provinces of Delhi, Ajmer-
Marwar, Coorg, and British Baluchistan.
In the meanwhile, till the constitution grew to be made, India would be governed following
the authorities of India act 1935.
The assembly met in lessons open to the public, for 166 days, unfolding over two years,
eleven months, and 18 days beforehand than adopting the constitution. It grew to become into
as a result handed and typical on Nov 26, 1949. All the individuals of the assembly signed
legitimate copies (original) of the Indian constitution.
After many deliberations and some changes over 111 plenary instructions in 114 days, the
308 contributors of the assembly signed two copies (Final) of the file (one each in Hindi and
English) on 24 January 1950.
On an equal day, the assembly unanimously elected Dr, Rajendra Prasad as the President of
India. which obtained here into effect on Jan 26, 1950, and is diagnosed and celebrated as the
Republic Day of India.

6. what is the Preamble????

A preamble is an introductory announcement of a constitution that lays down the beliefs it
tries to promote. A preamble to an Act of Parliament affords its factors and functions and lays
down the aims and devices for which a particular Act has been passed. The notion of the
Preamble has been borrowed from the constitution of the united states .The constitution of the
Republic acquired right here to have an impact on 26 January 1950. As an introduction, it is
now not continually part of the contents however it explains the purposes and pursuits with
which the document has been written.- As such the 'Preamble' presents the guide traces of the
constitution. It is because of this the Preamble is taken into consideration to be the key to the
constitution.
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7. The Preamble to the Indian Constitution

The Preamble to the Constitution of India is a quick introductory assertion that units out the
guiding cause and principles of the document.
WE, THE PEOPLE OF INDIA, having solemnly resolved to represent India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to invulnerable to
all its citizens:
JUSTICE, social, economic, and political.
LIBERTY of thought, expression, belief, faith, and worship;
EQUALITY of repute and of opportunity; and to promote among them all.
FRATERNITY assuring the dignity of the person and the team spirit and integrity of the
Nation;
The first words of the Preamble - "We, the people" - signifies that capability is ultimately
vested in the palms of the People of India. So far, the Preamble has been amended only as
soon as in 1976 through forty second modification (change) which inserted the words
Socialism, Secularism, and Integrity. A short description of these principles is:
1. Sovereign-It is potentially free to observe interior and external Policies.
2. Secular- It capability no precise Religion is preferred.
3. Socialist- It potential no concentration of Power and Money.
4. Democratic- It ability rule via elected representative of the People of India.
5. Republic-It capacity no room for hereditary ruler or monarch.

8. Purpose of getting a Preamble:

The Preamble to our constitution serves purposes: -
A) It suggests the source from which the constitution derives its authority.
B) It additionally states the objects, that the constitution seeks to set up and promote.
The Preamble seeks to set up what Mahatma Gandhi described as “The India of my Dreams”.
An India in which the poorest shall ride that it's their country in whose making they have a
positive voice; ...an India whereby all communities shall live in best harmony. There can also
be no room in such an India for the curse of unsociability or the curse of Intoxicating drinks
and drugs. A female will revel in because of the equal rights as the guy."
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9. Enacting components
The enacting words, "We, the humans of India...in our constituent assembly...do hereby
adopt, enact and deliver to ourselves this constitution", symbolizes the democratic principle
that power is in the palms of the people.
It moreover emphasizes that the constitution is made by and for the people and is now no
longer given to them by any outside strength (such as the British Parliament).
The phrase "we the people" emphasizes the concept of famous sovereignty as laid down by
way of J. J. Rousseau4: All the energy emanates from the human beings and the political
system may also be accountable and responsible to the people.

SOVEREIGN
It strategies free from the manipulation of any overseas power and internally has an loose
authorities that is at once elected via the human beings and makes legal hints that govern the
people. She allies in peace and battle. Citizens of India also experience sovereign ability to
pick out their representatives through elections held for the parliament, nation legislature, and
nearby bodies as well. People have a supreme capability to make choices on interior and
externally in addition to outside topics. India's club of the commonwealth or the United
Nations no longer imposes any exterior restrict on her sovereignty. The Commonwealth is a
free affiliation of sovereign international Nations. The sovereignty empowers India to both
acquire a foreign territory or cede phase of its territory in the wish of a foreign.

SECULAR
via the forty second Amendment in 1976, the term "Secular" became additionally included in
the Preamble. Secularism is the easy shape of the Indian constitution.The authorities admire
all religions. It does now not uplift or degrade any unique religion. There may be no such
component as a national religion for India.
In S.R. Bommai vs UOI (1994) "A kingdom which does no longer understand any religion
due to the fact the country faith, it treats all religions similarly".
Indian secularism guarantees the identical freedom to all religions. It stands for the proper to

4
Jean-Jacques Rousseau was a Genevan philosopher, writer, and composer.
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freedom of trust for all citizens.

SOCIALIST
Before the term became delivered utilising the 42nd Amendment in 1976, the constitution
had a socialist content material fabric in the shape of positive Directive Principles of State
Policy. Achievement of socialistic desires via democratic, evolutionary, and nonviolent
approaches. A mixed financial system whereby each public area and private quarter run
together as wheels of financial improvement.

DEMOCRATIC
The primary section of the preamble "We, the humans of India" and, its ultimate issue "give
to ourselves this constitution" without a doubt advocate the democratic spirit involved even
within the constitution. India is a democracy. The citizens of India choose their governments
at any respective levels (Union, state, and local) by using a system of a famous individual
franchise; popularly acknowledged as "one man one vote". Each citizen of India, 18 years of
age and above and no longer in any different case debarred via regulation, is entitled to vote.
Each citizen enjoys this good barring any discrimination on the premise of caste, creed,
colour, non-secular intolerance, or training. The phrase 'democratic' does not simply consult
with politics but moreover to social & financial democracy.

REPUBLIC
In a republic form of presidency, the head of the nation is an elected man or women and not
a heredity monarch. This phrase denotes a government in which nobody holds public power
as a proprietary right. In vicinity of a monarchy, wherein the top of the country is appointed
on a hereditary foundation for a lifetime or until he abdicates from the throne. A democratic
republic is an entity wherein the head of the state is elected in a direct or oblique way, for a
fixed tenure. The President of India is elected through an electoral university for a time
period of 5 years. The put up of the President of India is not hereditary. Each citizen of India
is eligible to become the President of the country. The chief of the state is elected via the
people.
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JUSTICE
The suitability of justice implies a system in which people can recognise their entire
prospects Political and criminal justice is a myth until followed by social and monetary
justice.Social justice implies that all social discriminations like caste or untouchability ought
to be ended.Financial justice implies that monetary exploitations must be ended. However
social and monetary justice nevertheless stays unrealized goals.

LIBERTY
The idea of Liberty refers to the liberty in the things to do of Indian nationals.This establishes
that there are no longer any unreasonable regulations on Indian residents in a duration of
what they assume, their manner of expressions, and the manner they desire to examine up
their idea in movement. That is observed to be a critical machine in ensuring a democratic
framework. But liberty no longer implies freedom to do something, and it wants to be
exercised inside constitutional limits.

EQUALITY
This envisages that no phase of society enjoys special privileges and that people are furnished
with adequate probabilities besides any discrimination. All are identical in front of regulation.
Equality - Political, financial & Civic.

FRATERNITY
This refers to an experience of brotherhood & an experience of belonging with the United
States among its people. It embraces mental in addition to territorial dimensions of national
Integration. which hinders the cohesion of the state. The inclusion of the word "Fraternity" is
proposed by way of Dr. B.R Ambedkar.

AMENDABILITY
In Berubari Case (1960), the supreme court held that the Preamble can't be a phase of the
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constitution on the other hand later in Kesavanada Bharati VS Kerala kingdom Case (1973),
the supreme court docket gave a complete verdict. It stated that the Preamble is section of the
constitution and is a subject to the amending power of the parliament as any other provisions
of the constitution, furnished the critical shape of the constitution is no longer destroyed. It's
been clarified with the useful resource of the first-class courtroom in India that being a phase
of the constitution, the Preamble can be subjected to Constitutional Amendments exercised
underneath article 368, however, the predominant shape cannot be altered.

42 Nd Amendment
The preamble has been amended only once. On 18 December 1976, through the Emergency
in India, the Indira Gandhi authorities pushed numerous adjustments inner the forty second
Amendment of the constitution.
A committee under the chairmanship of Sardar Swaran Singh motivated that this
modification is enacted after being constituted to find out about the question of amending the
constitution in the mild of experience. Through this modification, the phrases "socialist" and
"secular" had been delivered between the words "Sovereign" and "democratic" and the
phrases “Unity of the Nation" had modified to "Unity and integrity of the nation".

10. Importance/ value OF PREAMBLE

The preamble is like a creation or preface of a book. As an introduction it is not a section of
the contents however it explains the cause and goals with which the file has been written.As
such the preamble affords the recommendations of the constitution.The preamble, in brief,
explains the goals of the constitution in two methods:
• about the shape of the governance
• about the beliefs to be carried out in impartial India
The preamble is taken into consideration as the key to the constitution.
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References

Adapted From :

• Wikipedia contributors. (2022, September 21). Constitution of India. Wikipedia. Retrieved

October 9, 2022, from( https://en.wikipedia.org/wiki/Constitution_of_India)

• Dr. Durga Das Basu (2011). Introduction To the Constitution of India (20TH EDITION

REPRINT). Lexis Nexis.

• Constitution of India. (n.d.). Retrieved October 9, 2022, from

https://www.constitutionofindia.net/constitution_of_india/preamble