Lesson 1 of 76 8 min Free
Making of the Constitution and the Preamble
GS2 · Polity and the Constitution
How the Constitution was made
- The Constituent Assembly was formed under the Cabinet Mission Plan (1946). Its members were elected indirectly by the provincial assemblies.
- First meeting: 9 December 1946. Dr. Rajendra Prasad was its permanent president.
- The Objectives Resolution was moved by Jawaharlal Nehru (13 December 1946); it later became the Preamble.
- The Drafting Committee was chaired by Dr. B.R. Ambedkar.
- Adopted: 26 November 1949 (now celebrated as Constitution Day). Came into force: 26 January 1950, the anniversary of the 1930 Purna Swaraj day.
- The original Constitution had 395 Articles, 22 Parts and 8 Schedules.
Borrowed features (a favourite question)
| Source | Feature taken |
|---|---|
| Government of India Act 1935 | Federal scheme, office of Governor, emergency provisions, Public Service Commissions |
| United Kingdom | Parliamentary government, rule of law, single citizenship, Speaker, cabinet system |
| USA | Fundamental Rights, judicial review, independent judiciary, impeachment of the President, Vice-President |
| Ireland | Directive Principles, method of electing the President, nomination to Rajya Sabha |
| Canada | Federation with a strong Centre, residuary powers with the Centre |
| Australia | Concurrent List, joint sitting of Parliament, freedom of trade |
| Germany (Weimar) | Suspension of Fundamental Rights during emergency |
| USSR | Fundamental Duties, ideal of justice in the Preamble |
| South Africa | Procedure for amendment, election of Rajya Sabha members |
| France | Republic; liberty, equality, fraternity |
The Preamble
"We, the people of India… Sovereign, Socialist, Secular, Democratic Republic…"
- Justice (social, economic, political), Liberty (of thought, expression, belief, faith, worship), Equality (of status and opportunity), Fraternity (dignity of the individual, unity and integrity of the nation).
- The words "Socialist", "Secular" and "Integrity" were added by the 42nd Amendment (1976).
- In the Kesavananda Bharati case (1973), the Supreme Court said the Preamble is part of the Constitution. It can be amended, but its basic structure cannot be destroyed.
Background: the road to a Constitution
The idea of a Constituent Assembly was first put forward by M.N. Roy (1934) and adopted by the Congress in 1935. The British accepted it in the August Offer (1940). The Assembly was finally formed under the Cabinet Mission Plan (1946): members were indirectly elected by provincial assemblies (single transferable vote), and princely states nominated their representatives. After partition, its strength was 299 (from 389).
| Date | Event |
|---|---|
| 9 Dec 1946 | First meeting; Dr Sachchidananda Sinha temporary President |
| 11 Dec 1946 | Dr Rajendra Prasad elected President; H.C. Mukherjee Vice-President |
| 13 Dec 1946 | Nehru moves the Objectives Resolution (adopted 22 January 1947) – it became the Preamble |
| 29 Aug 1947 | Drafting Committee under Dr B.R. Ambedkar |
| 26 Nov 1949 | Constitution adopted (Constitution Day / Samvidhan Divas) |
| 24 Jan 1950 | Members sign; Rajendra Prasad elected first President; national anthem and song adopted |
| 26 Jan 1950 | Constitution comes fully into force (Republic Day) |
It took 2 years, 11 months and 18 days. The original Constitution had a Preamble, 395 Articles in 22 Parts and 8 Schedules.
Committees to remember
| Committee | Chair |
|---|---|
| Drafting Committee | B.R. Ambedkar |
| Union Powers, Union Constitution, States Committee | Jawaharlal Nehru |
| Provincial Constitution; Advisory Committee on Fundamental Rights, Minorities, Tribal and Excluded Areas | Sardar Patel |
| Rules of Procedure; Steering Committee | Rajendra Prasad |
| Fundamental Rights sub-committee | J.B. Kripalani |
| Minorities sub-committee | H.C. Mukherjee |
B.N. Rau was the constitutional adviser who prepared the first draft.
Sources – India borrowed thoughtfully
| Source | Features taken |
|---|---|
| Government of India Act 1935 | Federal scheme, office of the Governor, judiciary, emergency provisions, PSCs – the "structural backbone" |
| Britain | Parliamentary government, rule of law, single citizenship, the cabinet system, writs |
| USA | Fundamental Rights, judicial review, independence of the judiciary, impeachment of the President, the Vice-President |
| Ireland | Directive Principles, nomination to the Rajya Sabha, the method of electing the President |
| Canada | Federation with a strong Centre, residuary powers with the Centre |
| Australia | Concurrent List, joint sitting, freedom of trade and commerce |
| Germany (Weimar) | Suspension of Fundamental Rights during emergency |
| USSR | Fundamental Duties; ideals of justice in the Preamble |
| France | Republic; liberty, equality, fraternity |
| South Africa | Amendment procedure; election of Rajya Sabha members |
| Japan | "Procedure established by law" |
The Preamble word by word
- "We, the people of India" – the source of authority is the people.
- Sovereign – free from external control.
- Socialist (added in 1976) – democratic socialism, a mixed economy, reducing inequality.
- Secular (added in 1976) – equal respect for all religions (positive secularism); the state has no official religion.
- Democratic – political, social and economic democracy.
- Republic – an elected head of state.
- Justice – social, economic, political (from the Russian Revolution's ideals).
- Liberty – of thought, expression, belief, faith and worship.
- Equality – of status and of opportunity.
- Fraternity – assuring the dignity of the individual and the unity and integrity of the Nation ("and integrity" was added in 1976).
42nd Amendment (1976) added "socialist", "secular" and "integrity" – the only amendment to the Preamble so far.
Is the Preamble part of the Constitution?
- Berubari Union case (1960): the Court said the Preamble is not part of the Constitution, though it is a key to understanding it.
- Kesavananda Bharati (1973): the Court said it is part of the Constitution, and it can be amended under Article 368 – but not its basic structure.
- LIC of India case (1995): reaffirmed that the Preamble is an integral part.
The Preamble is not justiciable (not enforceable in court on its own), but it guides interpretation.
Case study: the debate on "secular"
Some members wanted "secular" in 1949, but Ambedkar argued that the Constitution's provisions (Articles 25–28, equality) already made the state secular. The word was formally added in 1976. In S.R. Bommai (1994), the Court held secularism to be part of the basic structure. In 2024, the Supreme Court dismissed petitions challenging the 1976 insertion of "socialist" and "secular". This shows how constitutional values evolve through amendments and judicial interpretation.
Common misconceptions
- "The Constituent Assembly was elected directly by the people." – It was indirectly elected by provincial assemblies on a limited franchise.
- "India copied its Constitution." – It adapted ideas to Indian needs. Ambedkar noted that a new constitution can only offer variations and must fit the country.
- "The Constitution came into force on 26 November 1949." – Some provisions (citizenship, elections, provisional Parliament) came into force then. The rest came into force on 26 January 1950.
How UPSC asks it
Prelims asks about committees and chairs, sources, the dates, and the Preamble's words and amendment. Mains themes include the Preamble as the soul of the Constitution, borrowed features and their adaptation, and the significance of the Constituent Assembly debates.
Mains answer framework
Q-type: "The Preamble reflects the philosophy of the Constitution. Discuss."
- Intro: the Objectives Resolution; Thakurdas Bhargava called it the "soul"; K.M. Munshi called it the "political horoscope".
- Body: source (people), nature of the state (five adjectives), objectives (justice, liberty, equality, fraternity), with links to Fundamental Rights, DPSP and Fundamental Duties.
- Judicial view: Berubari → Kesavananda → basic structure.
- Conclusion: the guiding light for interpreting rights and policies.
Practice question
Q. "The Preamble is the key to the Constitution." Discuss with reference to judicial interpretation. Outline: the Preamble states the source of authority (the people), the nature of the state (sovereign, socialist, secular, democratic, republic) and the objectives (justice, liberty, equality, fraternity). In *Berubari* (1960) the Supreme Court said it was not part of the Constitution; in *Kesavananda Bharati* (1973) it held that it is a part and can be used to interpret the Constitution, and it informs the basic structure. The 42nd Amendment (1976) added "socialist", "secular" and "integrity".
⚡ Quick revision
- First sitting 9 Dec 1946; adopted 26 Nov 1949; in force 26 Jan 1950
- Ambedkar – Drafting Committee; Rajendra Prasad – President of the CA
- DPSP from Ireland; FDs from the USSR; emergency suspension from Germany
- 42nd Amendment added socialist, secular, integrity
The body that framed the Constitution of India between December 1946 and November 1949; it was elected indirectly by provincial assemblies under the Cabinet Mission Plan and also served as India's first Parliament.The Cabinet Mission was a team of three British cabinet ministers who came to India in March 1946 and proposed, on 16 May 1946, a united Indian Union with a weak centre, groups of provinces and an indirectly elected Constituent Assembly, as a way to transfer power without partition.Jawaharlal Nehru (1889–1964) was a leader of the Indian National Congress, a close associate of Gandhi and the first Prime Minister of India from 1947 until his death in 1964, best known for planned development, secularism and non-alignment.The seven-member committee of the Constituent Assembly, chaired by B. R. Ambedkar and set up on 29 August 1947, that prepared the Draft Constitution of India, published in February 1948, and steered it through the Assembly's clause-by-clause debates.The Government of India Act, 1935 was the longest constitutional law passed by the British Parliament for India; it proposed an All-India Federation, introduced provincial autonomy and became a major source for the structure of the Indian Constitution.The principle that everyone, including the government, is subject to known and fairly applied laws, and that power must be exercised according to law rather than at will.Justiciable rights in Part III (Articles 12–35) of the Constitution, enforceable in the courts. Full coverage: Fundamental Rights (module).The power of the Supreme Court and High Courts to examine laws and executive actions and to strike them down if they are unconstitutional.The quality of being consistently guided by sound moral principles, so that one's values, words and actions match, in private and in public, even when no one is watching and when it is costly to do so.India's apex court under Articles 124–147; guardian of the Constitution and final court of appeal. Full coverage: The Supreme Court: Composition, Appointment and Jurisdiction.Judicial doctrine (Kesavananda Bharati, 1973) that Parliament cannot amend the Constitution's basic features. Full coverage: Basic Structure Doctrine and Comparison with Other Constitutions.B. R. Ambedkar (1891–1956) was a jurist, economist and social reformer who led the movement against caste discrimination, chaired the Drafting Committee of the Constitution and served as India's first Law Minister.
