PREAMBLE TO THE CONSTITUTION

It is a preface or the introduction of the Constitution. It is not an integral part of Constitution. The interpretation of Constitution is based on the spirit of preamble.

The Preamble of the Indian Constitution is based on the ‘Objective Resolution’,drafted and moved by Pandit Nehru, are adopted by the Constituent Assembly. It has been amended by the 42nd Constitutional Amendment Act(1976), Which added three new words- Socialist,Secular and Integrity.

TEXT OF THE PREAMBLE

“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 twenty sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”.

THE PREAMBLE

1. The term ‘preamble’ refers to the introduction or preface to the Constitution. It’s a kind of summary or essence of the Constitution.
2. The American Constitution was the first to begin with a preamble.
3. N.A Palkiwala has termed preamble as ‘the identity card of the constitution’.
4. Somewhat based on the ‘Objectives Resolution’ (see Constituent Assembly).
5. The Preamble has been amended only once so far, that is by 42nd Amendment Act of 1976. Three words were added by that amendment – SCOIALIST, SECULAR, INTEGRITY.
6. The Preamble reveals four ingredients or components:
   • Source of authority of the Constitution: The Preamble states that the Constitution derives its authority from the people of India.
   • Nature of Indian State: It declares India as a sovereign, socialist, secular democratic and republican polity.
   • Objectives of the Constitution: To provide justice, liberty, equality and fraternity to the citizens of India.
   • Date of adoption of the Constitution: 26th November, 1949.
7. Berubari Union case (1960) - the Supreme Court said that the Preamble isn’t a part of the Constitution.
8. Kesavananda Bharati case (1973) - the Supreme Court rejected the earlier opinion and held that Preamble is a part of the Constitution.
9. The Preamble is neither a source of power to legislature nor a prohibition upon the powers of legislature. Provisions in the preamble are non-enforceable in the court of law, that is, it’s non- justiciable.

THE CONSTITUENT ASSEMBLY & FRAMING OF THE CONSTITUTION - IMPORTANT POINTS FOR SSC

1. It was M.N Roy who proposed the idea of an independent constituent assembly for India in 1934.
2. The constituent assembly was formed as per the guidelines suggested by the Cabinet Mission Plan, 1946. The mission was headed by Pethick Lawrence and included two other members apart from him – Stafford Cripps and A.V Alexander.
3. The total strength of the assembly was 389. However, after partition only 299 remained. It was partly elected and partly nominated body.
4. The elections to form the assembly took place in July-August 1946 and the process was completed by November 1946. The first meeting of the assembly took place on 9th December, 1946 and was attended by 211 members.
5. Dr. Sachhidanand Sinha became the temporary President of the assembly following the French practice.
6. On 11th December, 1946 Dr. Rajendra Prasad and H.C Mukherji were elected as President and Vice-President respectively.
7. Sir B.N Rau was appointed as the constitutional advisor to the assembly.
8. On 13th December, 1946, Pt. Nehru moved the Objectives resolution which later went on to become the Preamble of the constitution in slightly modified form. The resolution was unanimously adopted on 22nd January, 1947.
9. The Constituent Assembly ratified India’s membership of the commonwealth in May, 1949. Also, it adopted National Song and National Anthem on 24th January 1950. Adopted the National Flag on 22nd July, 1947. (Imp for SSC).
10. The assembly met for 11 sessions, took 2 years, 11 months and 18 days to frame up the final draft, sat for 141 days in total and draft constitution was considered for 114 days. Total amount incurred was around rupees 64 lakhs.
11. The assembly had 15 women members which were reduced to 9 after partition.
12. Some important committees of the constituent assembly along with their respective chairpersons are as follows:
    1. Union Powers Committee - Jawahar Lal Nehru
    2. Union Constitution Committee - Jawahar Lal Nehru
    3. Provincial Constitution Committee - Sardar Patel
    4. Drafting Committee - B.R Ambedkar
    5. Rules of Procedure Committee - Dr. Rajendra Prasad 
    6. Steering Committee - Dr. Rajendra Prasad

13. The following were the members of the Drafting Committee
    1. Dr. B.R Ambedkar (Chairman)
    2. Alladi Krishnaswamy Ayyar
    3. Dr. K.M Munshi
    4. N. Gopalaswamy Ayyangar
    5. Syed Mohammad Saadullah
    6. N Madhava Rau
    7. TT Krishnamachari
14. The final draft of the constitution was adopted on 26th November,1949 and it contained 8 schedules, 22 parts and 395 articles.

OVERVIEW, BRIEF HISTORY AND DEVELOPMENT OF
INDIAN CONSTITUTION

The British administration can broadly be divided into two phases, that
is
(1) The Company Administration (1773-1857)
(2) The Crown Administration (1858-1947)
The following are the important Acts, regulations and developments
which eventually led to the development of the present-day Indian
polity.

THE COMPANY ADMINISTRATION

Regulating Act - 1773

(1) The post of 'GOVERNOR' was now made 'GOVERNOR-GENERAL' and
Bengal was the first province to have Warren Hastings as the first
Governor-General. He was assisted by an executive council of four
members.
(2) The Supreme Court at Calcutta was established with one chief justice
and three other judges. Sir Elijah Impey was the Chief Justice.

Pitt’s India Act – 1784

1. Created another body- ‘BOARD OF CONTROL’ to manage political
   affairs in India. COURT OF DIRECTORS kept on managing commercial
   affairs though.
2. Thus, companies’ possessions were for the first time called ‘British
   possessions in India’ and commercial wing was headed by court of
   directors and political wing headed by board of control.
3. The Act was introduced by the then British Prime Minister William
   Pitt.

Charter Act – 1813

Ended the monopoly of the trading rights of British East India Company
and allowed other companies to participate in trading activities with
India.

Charter Act – 1833

1. Created the post of ‘GOVERNOR GENERAL OF INDIA’ in place of
   Governor General of Bengal. The presidencies of Madras and
   Bombay were taken away with their respective legislative powers
   and were made sub-ordinate to the Presidency of Calcutta. William
   Bentick was the first Governor General of India. (SSC 2008,2006,2000)
2. This act completely ended the commercial activities of the company.The company existed but it became a purely administrative and a political organization.

Charter Act – 1853

1. Established a separate Governor General’s Legislative council.
2. Introduced and open system of competition for Indians into Civil
   Services. Macaulay committee was formed (1854) for this purpose.
   Satyendra Nath Tagore became the first Indian to qualify that
   service in 1863.
3. NOTE – Father of Civil Services in India – Lord Charles Cornwallis
   because of his efforts to modernize civil services in India.

THE CROWN ADMINISTRATION

Government of India Act of 1858

1. Also known as Act for Good Government of India.
2. Abolished the British East India Company. Abolished the Mughal
   administration as well.
3. Abolished the Governor General’s post and created a new post
   Viceroy. Lord Canning became the first Viceroy of India.
4. Also created a new office – Secretary-of-State for India and a 15-
   member council to assist him. He was a member of British
   parliament.

Indian Councils Act 1861

1. Expanded the viceroy’s executive council. Made provisions for him
   to nominate some Indians as non-official members. Lord Canning
   nominated the Raja of Benaras, the Maharaja of Patiala and Sir
   Dinkar Rao.
2. New Legislative councils for Bengal (1862), North Western Frontier
   Province (1866) and Punjab (1897) were established.

Indian Councils Act 1892

1. Power of discussing the budget was given to the legislative council
   in the then India.
2. Expanded the councils and some members could be nominated to
   both Central as well as Provincial Legislative councils.

Indian Councils Act 1909

1. Also known as Morley-Minto reforms.
2. Number of members in the Central Legislative council was increased
   from 16 to 60.
3. Satyendra Prasad Sinha became the first Indian to be nominated as
   a law member to the Viceroy’s executive council.
4. Communal electorate was introduced. Muslims were given separate
   representation to elect their representatives. Hence, Minto is also
   referred to as ‘Father of Communal Electorate’.

Government of India Act 1919

1. Also called as Montague-Chelmsford reforms and it came into effect
   in 1921.
2. Central and provincial subjects or lists were introduced where they
   could frame laws in their respective lists. Provincial subjects were
   further divided into transferred and reserved. Thus, this act
   introduced diarchy.
3. Introduced Bicameralism and direct elections.

Government of India Act 1935

1. Provided for the establishment of an All-India Federation with
   provinces and princely states as units. The federation never came
   into being as princely states did not join it.
2. Abolished diarchy in the provinces and introduced ‘provincial
   autonomy’ in its place. But in centre it introduced diarchy; however
   that never came into being.
3. Introduced bicameralism in provinces as well an extended separate
   electorates to depressed classes as well.
4. Established RBI and a federal court at the centre.

Indian Independence Act 1947

1. Partition Plan or the Mountbatten Plan (3rd June 1947) was to give effect to partition of the country and Atlee’s declaration (20th February 1947) to provide independence to the Nation.
2. Created two independent dominions of India and Pakistan, ended British rule and authorised the two independent Nations’ constituent assemblies to frame their respective constitutions.
3. The Indian independence bill got the royal assent on 18th July, 1947.