Making of the Constitution and the Preamble
Overview
The Indian Constitution is the supreme law of India, adopted on 26 November 1949 and enforced on 26 January 1950. It was framed by the Constituent Assembly, which first met on 9 December 1946. Dr B.R. Ambedkar chaired the Drafting Committee. The Preamble, inspired by the Objective Resolution moved by Jawaharlal Nehru, declares India a Sovereign, Socialist, Secular, Democratic Republic, securing Justice, Liberty, Equality, and Fraternity to all citizens.
Typed Notes
Constituent Assembly: Formation and Composition
The Constituent Assembly was created under the Cabinet Mission Plan of 1946. It had 389 members initially; after Partition it was reduced to 299. Members were elected by Provincial Legislative Assemblies. Dr Sachchidananda Sinha was the first temporary President; Dr Rajendra Prasad became the permanent President. The Assembly took 2 years, 11 months, and 18 days to draft the Constitution. It held 11 sessions and 166 days of actual debate. The Constitution was signed by members on 24 January 1950.
Drafting Committee and Key Personalities
The Drafting Committee was constituted on 29 August 1947 with 7 members: Dr B.R. Ambedkar (Chairman), N. Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, Dr K.M. Munshi, Syed Mohammad Saadullah, B.L. Mitter (replaced by N. Madhava Rao), and D.P. Khaitan (replaced by T.T. Krishnamachari). B.N. Rau was the Constitutional Adviser. Ambedkar's masterly drafting earned him the title 'Father of the Indian Constitution'. Sir Ivor Jennings called the Constitution 'the most elaborate constitution in the world'.
The Preamble: Text, Source, and Significance
The Preamble is the introductory statement of the Constitution. It was borrowed from the Constitution of the USA. The Objective Resolution moved by Nehru on 13 December 1946 is its philosophical source. It declares India a Sovereign, Socialist, Secular, Democratic Republic. It secures Justice (social, economic, political), Liberty (of thought, expression, belief, faith, worship), Equality (of status and opportunity), and Fraternity (assuring dignity of individual and unity and integrity of the nation). The Supreme Court in Kesavananda Bharati case (1973) held the Preamble is part of the Constitution.
42nd Amendment and Key Debates
The 42nd Constitutional Amendment Act, 1976 (during Emergency under Indira Gandhi) added three words to the Preamble: 'Socialist', 'Secular', and 'Integrity'. Before this amendment, the Preamble read 'Sovereign Democratic Republic'. The amendment also changed 'unity of the nation' to 'unity and integrity of the nation'. In Berubari Union case (1960), the Supreme Court held the Preamble is NOT part of the Constitution, but this was overruled in Kesavananda Bharati case (1973), which confirmed the Preamble IS part of the Constitution and can be amended under Article 368.
Key Concepts
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- 01Constituent Assembly set up under Cabinet Mission Plan (1946); first met 9 December 1946; Dr Rajendra Prasad was its President.
- 02Drafting Committee had 7 members; chaired by Dr B.R. Ambedkar — called 'Father of the Indian Constitution'.
- 03Constitution adopted on 26 November 1949 (Constitution Day); enforced on 26 January 1950 (Republic Day).
- 04Preamble amended only once — by 42nd Constitutional Amendment, 1976 — adding 'Socialist', 'Secular', and 'Integrity'.
- 05Objective Resolution moved by Jawaharlal Nehru on 13 December 1946; it became the philosophical basis of the Preamble.
Questions & Solutions
Pehle khud try karo — phir solution kholo. Yahi tariqa topper banata hai.
Who chaired the Drafting Committee of the Indian Constitution and why is he significant?
What was the Objective Resolution and who moved it?
What three words were added to the Preamble by the 42nd Amendment, 1976?
How long did the Constituent Assembly take to draft the Constitution, and how many sessions did it hold?
Distinguish between the Berubari Union case and Kesavananda Bharati case regarding the Preamble.
The Constituent Assembly (1946-1949), led by Dr Rajendra Prasad and Dr B.R. Ambedkar, drafted India's Constitution in 2 years 11 months 18 days. Adopted on 26 November 1949 and enforced 26 January 1950, the Preamble — amended once in 1976 — declares India a Sovereign, Socialist, Secular, Democratic Republic ensuring Justice, Liberty, Equality, and Fraternity. The Preamble is part of the Constitution per Kesavananda Bharati (1973).
Chapter-end quiz
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Q1.On which date was the Indian Constitution adopted by the Constituent Assembly?
Q2.Which Constitutional Amendment added 'Socialist' and 'Secular' to the Preamble?
Q3.Who was the President of the Constituent Assembly of India?
Q4.In which case did the Supreme Court rule that the Preamble is part of the Constitution?
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