Preamble of India

In 1946, Objective Resolution was moved by Jawaharlal Nehru, describing the constitutional structure. In 1947 (22nd January) it was adopted. It shaped the Constitution of India and its modified version is reflected in the Preamble of the Indian Constitution. The basic tenets that the objective resolution highlighted were:

• Constituent Assembly’s resolve to see India as independent, sovereign and republic
• To draw a Constitution for India
• To make all territories of the pre-independent India into united states of post-independent India
• To realize residual powers, autonomy on such states as the Constitution of India reflects
• To realize union with the power which will be different than those given to such states
• The people of India to play the source of power and authority of the sovereignty, and the independence
• To provide justice, social, economic and political equality of status of opportunity and, freedom of thought,
• expression, belief, faith, worship, vocation, association and action, subject to law and public
• morality before the law
• To provide adequate safeguards to the minorities, tribal and backward areas and other depressed and backward classes
• To maintain the integrity of the Indian republic’s territory and its territorial rights on land, sea, air according to the justice and law of the civilized nation
• To promote peace and welfare among the worldly nations.

Source of the Constitution

We, the people of India.

The phrase “We the people of India” emphasises that the constitution is made by and for the Indian people and not given to them by any outside power.

It also emphasizes the concept of popular sovereignty as laid down by Rousseau: All the power emanates from the people and the political system will be accountable and responsible to the people.

Nature of Indian state

• Sovereign: India is internally and externally sovereign – externally free from the control of any foreign power and internally, it has a free government that is directly elected by the people and makes laws that govern the people. No external power can dictate the government of India.
• Socialist: “Socialism” is an economic philosophy where means of production and distribution are owned by the State. India adopted Mixed Economy, where apart from the state, there will be private production too. Socialism as a social philosophy stresses more on societal equality.
• Secular: Features of secularism as envisaged in the Preamble is to mean that the state will have no religion of its own and all persons will be equally entitled to the freedom of conscience and the right freely to profess, practice and propagate the religion of their choice. (S R Bommai and Others v Union of India, AIR 1994 SC 1918)
• Democratic: Indicates that the Constitution has established a form of government that gets its authority from the will of the people. The rulers are elected by the people and are responsible to them.
• Republic: As opposed to a monarchy, in which the head of state is appointed on the hereditary basis for a lifetime or until he abdicates from the throne, a democratic republic is an entity in which the head of state is elected, directly or indirectly, for a fixed tenure. The President of India is elected by an electoral college for a term of five years. The post of the President Of India is not hereditary. Every citizen of India is eligible to become the President of the country.

Objectives of Indian State

1. Justice: Social, Economic and Political.
2. Equality: of status and opportunity.
3. Liberty: of thought, expression, belief, faith and worship
4. Fraternity (=Brotherhood): assuring the dignity of the individual and the unity and integrity of the nation.

Date of its adoption

The date of adoption of the Constitution is 26th November 1949.  But most of the articles in the Constitution came into force on January 26th, 1950. Those articles which came into existence on 26th November 1949 is given by Article 394.

Article 394 states that this article (394) and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January 1950, which day is referred to in this Constitution as the commencement of this Constitution.