📜 Preamble of the Indian Constitution
🏛️ First Session of the Constituent Assembly
Held from 9th to 23rd December 1946 in New Delhi (Constitution Hall).
👤 Temporary and Permanent Presidents
- Dr. Sachchidananda Sinha was the temporary president (being the eldest).
- Dr. Rajendra Prasad was later elected as the permanent president.
📜 Objective Resolution Introduced
- Introduced by Jawaharlal Nehru on 13th December 1946.
- It laid down the ideals of justice, liberty, equality, and sovereignty.
âś… Objective Resolution Passed
- Unanimously passed on 22nd January 1947.
- It became the philosophical foundation of the Constitution and inspired the Preamble.
🗳️ First Election of Members
- Members were indirectly elected by Provincial Legislative Assemblies as per the Cabinet Mission Plan.
- Not a direct election by the people.
❌ Muslim League Boycott
- Muslim League, led by Mohammad Ali Jinnah, boycotted the Assembly.
- They demanded a separate Constituent Assembly for Pakistan and opposed a united India.
🇮🇳 Final Outcome
- Despite the boycottby ML, the Assembly continued its work.
- After Partition, Pakistan formed its own Assembly.
- India’s Assembly went on to draft and adopt the Constitution, which came into effect on 26th January 1950.
📌 Text of the Preamble (42nd Amendment, 1976)
“We, the People of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic Republic and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;In our Constituent Assembly, this 26th day of November, 1949, do hereby adopt, enact and give to ourselves this Constitution.”
âť“ Why Was the Preamble Adopted at the End?
Reflects the Essence of the Whole Constitution
The Preamble is a summary of the ideals, goals, and principles embodied throughout the Constitution — including Fundamental Rights, DPSPs, the structure of the state, etc. It could only be finalized after all parts of the Constitution were fully debated, drafted, and adopted.
Sidharth Arora sir says: “How can you write the summary (Preamble) of a book before the book is complete?”
🔍 Components of the Preamble
1. We, the People of India
- Ultimate sovereignty rests with the citizens.
- Emphasizes popular sovereignty and democratic character.
- Aligns with the concept of Autochthony – the Constitution has Indian origin, not imposed by the British.
2. Sovereign
- India is internally supreme and externally independent.
- No external power can dictate terms.
- Member of the UN, yet free to make independent foreign policy.
3. Socialist (added by 42nd CAA, 1976)
- Indian socialism = democratic socialism (not Marxist socialism).
- Ensures reduction of income inequality, welfare state.
- Reflected in DPSPs: Article 39(b) and 39(c) – equitable distribution of resources.
4. Secular (added by 42nd CAA, 1976)
- State has no religion.
- Equal respect for all religions – Sarva Dharma Sambhava.
- India is positive secular (unlike Western “wall of separation”).
- Supported by Article 25 to 28.
5. Democratic
- Political democracy – election of representatives.
- Social & economic democracy – aim of the Constitution.
- Based on universal adult franchise.
6. Republic
- Head of state is elected (President of India).
- No hereditary monarchy.
- Reinforces equality and accountability.
🎯 Objectives Declared in the Preamble
🔹 JUSTICE – Social, Economic, Political
- Social: Removal of caste, gender, religious inequalities.
- Economic: Equal wealth distribution, no exploitation.
- Political: Equal participation in political processes.
âś… Reflected in Part III (FRs) and Part IV (DPSPs).
🔹 LIBERTY – Thought, Expression, Belief, Faith, Worship
- Ensures freedom of individual conscience.
- Article 19 and 25–28 directly protect these liberties.
🔹 EQUALITY – Status and Opportunity
- Article 14 to 18: Equality before law and equal protection.
- Article 15 and 16: No discrimination; affirmative action allowed.
🔹 FRATERNITY – Dignity of Individual and Unity of Nation
- Brotherhood among Indians.
- Respect for all identities and faiths.
- Article 51A(e): Fundamental duty to promote harmony.
Date of Adoption
- The Preamble was adopted by the Constituent Assembly on 26th November 1949.
- It was enacted and came into force with the entire Constitution on 26th January 1950 (celebrated as Republic Day).
- The date is explicitly mentioned in the last line of the Preamble: “In our Constituent Assembly, this 26th day of November, 1949, do hereby adopt, enact and give to ourselves this Constitution.”
âś… Articles that Came into Force on 26 November 1949
As per Article 394 of the Constitution:
“This Article and Articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379 to 391, and 393 shall come into force at once, and the remaining provisions shall come into force on the 26th day of January, 1950…”
📜 List of Articles in Force from 26 November 1949
Article | Subject |
---|---|
5–9 | Citizenship at the commencement of the Constitution |
60 | Oath or affirmation by the President |
324 | Election Commission – appointment and powers |
366 & 367 | Definitions and Interpretation |
379–391 | Provisions related to the transition from British rule to Republic (like election of first President, first Parliament, etc.) |
393 | Short title of the Constitution |
394 | Commencement clause itself |
âť“ Why Were These Articles Enforced on 26 November 1949?
🔹 1. Citizenship (Articles 5–9)
To define who is a citizen of India right from Day 1 — especially after Partition.
🔹 2. Election Commission (Article 324)
To initiate preparations for the first general elections of independent India (held in 1951–52).
🔹 3. President’s Oath (Article 60)
To legally empower the first President to take oath and assume office on 26 January 1950.
🔹 4. Transitional Provisions (Articles 379–391)
To ensure a smooth transition from the British Indian government (Government of India Act 1935) to the new constitutional setup.
🔹 5. Definitions & Interpretation (Articles 366 & 367)
To help interpret terms and legal language within the Constitution immediately.
đź§ UPSC Mains Ready Summary:
Though the Constitution was adopted on 26 November 1949, it was enforced on 26 January 1950. However, key Articles—especially related to citizenship, elections, the President’s oath, and transitional arrangements—were enforced earlier to ensure legal continuity, administrative preparedness, and a smooth shift to republican governance.
🇮🇳 Why was 26th January chosen to enforce the Constitution?
Political Event: Declaration of Purna Swaraj (Complete Independence)
- On 26th January 1930, the Indian National Congress (led by Jawaharlal Nehru) officially declared “Purna Swaraj” — complete independence from British rule.
- As per the resolution, 26 January 1930 was observed across India as Independence Day — people took pledges, hoisted flags, and declared that India would accept nothing short of complete independence (not dominion status).
Link to the Constitution
- When the Constitution was ready by November 1949, it could have been enforced immediately.
- But to honour the legacy of the freedom struggle, the leaders intentionally delayed its enforcement to 26th January 1950 — exactly 20 years after the Purna Swaraj declaration.
- This gave historic and emotional value to the day, connecting the Constitution of free India with the earliest call for complete independence.
UPSC-ready Conclusion
The Constitution of India was enforced on 26th January 1950 to commemorate the Purna Swaraj Declaration made on the same date in 1930. This date symbolizes India’s transition from a colony to a sovereign republic, giving constitutional recognition to the aspirations that fueled the freedom movement.
đź§ľ Historical Background
- Inspired by: US Constitution Preamble.
- Influenced by French Revolution – Liberty, Equality, Fraternity.
- Prepared by the Drafting Committee under Ambedkar.
- Adopted on 26 November 1949, enacted on 26 January 1950.
⚖️ Constitutional Validity – Is Preamble Part of the Constitution?
1. Berubari Union Case (1960)
- SC held: Preamble is not enforceable, not part of the Constitution.
2. Kesavananda Bharati Case (1973)
- Landmark: SC held that Preamble is part of the Constitution.
- Can be used to interpret ambiguous provisions.
- Basic structure doctrine emerges.
3. LIC of India Case (1995)
- SC reaffirmed: Preamble is integral part of the Constitution.
✍️ Amendment of Preamble
- Only once amended – 42nd Constitutional Amendment Act, 1976:
- Added Socialist, Secular, and Integrity.
- Preamble can be amended without violating the basic structure (Kesavananda Bharati case).