CU-BA SEM III-Political Science-Second Draft-converted

BACHELOR OF ART SEMESTER-III POLITICAL SCIENCE- III BAQ209

CHANDIGARH UNIVERSITY Institute of Distance and Online Learning Course Development Committee Prof. (Dr.) R.S.Bawa Pro Chancellor, Chandigarh University, Gharuan, Punjab Advisors Prof. (Dr.) Bharat Bhushan, Director – IGNOU Prof. (Dr.) Majulika Srivastava, Director – CIQA, IGNOU Programme Coordinators & Editing Team Master of Business Administration (MBA) Bachelor of Business Administration (BBA) Coordinator – Dr. Rupali Arora Coordinator – Dr. Simran Jewandah Master of Computer Applications (MCA) Bachelor of Computer Applications (BCA) Coordinator – Dr. Raju Kumar Coordinator – Dr. Manisha Malhotra Master of Commerce (M.Com.) Bachelor of Commerce (B.Com.) Coordinator – Dr. Aman Jindal Coordinator – Dr. Minakshi Garg Master of Arts (Psychology) Bachelor of Science (Travel &Tourism Management) Coordinator – Dr. Samerjeet Kaur Coordinator – Dr. Shikha Sharma Master of Arts (English) Bachelor of Arts (General) Coordinator – Dr. Ashita Chadha Coordinator – Ms. Neeraj Gohlan Academic and Administrative Management Prof. (Dr.) R. M. Bhagat Prof. (Dr.) S.S. Sehgal Executive Director – Sciences Registrar Prof. (Dr.) Manaswini Acharya Prof. (Dr.) Gurpreet Singh Executive Director – Liberal Arts Director – IDOL © No part of this publication should be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording and/or otherwise without the prior written permission of the authors and the publisher. SLM SPECIALLY PREPARED FOR CU IDOL STUDENTS Printed and Published by: TeamLease Edtech Limited www.teamleaseedtech.com CONTACT NO:- 01133002345 For: CHANDIGARH UNIVERSITY 2 Institute of Distance and Online Learning CU IDOL SELF LEARNING MATERIAL (SLM)

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CONTENT Unit - 1: Constitution: Assembly And Making Of India’s Constitution..................................5 Unit - 2: Preamble And Its Importance..................................................................................30 Unit – 3: Basic Features Of India's Constitution ...................................................................57 Unit – 4: Fundamental Rights, Features, Kinds And Evaluations .........................................85 Unit - 5: Fundamental Duties : Features, Kinds And Evaluation ........................................117 Unit – 6: Directive Principles Of The State Policy In Indian Constitution .........................138 Unit – 7: Nature Of Indian Federalism: Meaning, Nature And Features.............................152 Unit – 8: Centre - State Relations: Legislative, Executive And Financial Powers.............176 Unit – 9: Emergency Provisions In The Indian Constitution: Article 352, 356, And 360...201 4 CU IDOL SELF LEARNING MATERIAL (SLM)

UNIT - 1: CONSTITUTION: ASSEMBLY AND 5 MAKING OF INDIA’S CONSTITUTION Structure 1.0 Learning Objectives 1.1 Introduction 1.2 Historical Background of Indian Constitution 1.3 Constituent Assembly and Drafting of Indian Constitution 1.4 Formation of the Constituent Assembly 1.4.1 The Cripps Mission 1.4.2 The Cabinet Mission 1.4.3 Election to the Constituent Assembly 1.5 Nature of The Constituent Assembly’s Representation 1.6 Salient Features of the Constitution 1.7 Summary 1.8 Keywords 1.9 Learning Activity 1.10 Unit End Questions 1.11 References 1.0 LEARNING OBJECTIVES After studying this unit, you will be able to: • Explain the background and genesis of the Indian Constitution; CU IDOL SELF LEARNING MATERIAL (SLM)

• State the composition, nature and working of the Constituent Assembly; • Explain the important features of the Constitution such as the Fundamental Rights and Directive Principles of State Policy; • Describe an overview of the Constitution, especially in the light of recent attempts to comprehensively review it. 1.1 INTRODUCTION This unit will give you an idea about the Indian Constitution. To understand all that our Constitution stands for, you should know what a Constitution means. In simple words, Constitution of a country is a summation of its fundamental aspirations, values, framework of governance and law in the form of a document (written Constitution). No other law or document can go against the Constitution. To understand the Constitutional framework of a country, it is essential to comprehend its historical background, major features, specific amendments and review provisions. This Unit will try to cover all these aspects. 1.2 HISTORICAL BACKGROUND OF INDIAN CONSTITUTION Present day India may be a federal state with 28 federated entities divided among seven unions. Its system of state is parliamentary and supported the Westminster model. India first came into contact with the west within the early 18th century when it had been annexed by British Malay Archipelago Company. In the mid-19th century, it fell below British colonial rule. The colonial administration in British India or British Raj – because it was also called - was headed by a Viceroy who also cumulated the title of governor until 1947 when a struggle for independence, marked by a widespread nonviolent resistance movement resulted in independence from the British Colonial Empire. Constitutional history and development Prior to the constituent assembly that convened in 1948 to draft the Indian constitution adopted in 1950 and still effective thus far, the basic law of India was mostly embodied during a series of statutes enacted by British Parliament. Key among them was the govt of India Acts of 1919 and 1935. 6 CU IDOL SELF LEARNING MATERIAL (SLM)

The Government of India Act of 1919 Passed as a measure of gratitude for India’s role in war one, the first purpose of this act was to expand native participation within the government. Key reforms of the Act were the establishment of a dual sort of government with limited powers for the main provinces. The imperial legislature was transformed into a bicameral legislature for all India. Finally, the Act established the position of a diplomat with residence in London to Represent India within the United Kingdom. The Government of India Act of 1935 This Act was adopted in response to opposition and criticisms from the National Congress of India to the 1919 Act for doing insufficient in terms of granting autonomy. Its key provisions included: • Abolition of the twin sort of government or diarchy and therefore the granting of a bigger degree of autonomy for the provinces • Establishment of a Federation of India (which never came into force although) • Introduction of direct suffrage and extension of the franchise to 37 million people from the first 5 million • Membership of the provincial assemblies was altered so on include more elected Indian representatives, who were now ready to form majorities and be appointed to make governments • The establishment of a court. The Constituent Assembly of 1948 and the Constitution of 1950 In 1946, British decided to look at the likelihood of granting independence to India. As a result, a British cabinet mission was dispatched to India to (1) hold discussions with the representatives of British India and the Indian States in order to agree on the framework for writing a constitution, and (2), found out a constituent body and a council. Following this mission and therefore the ensuing negotiations, a Constituent Assembly was indirectly elected by the provincial legislatures comprising 278 representatives and 15 women. Parties represented within the CA were the Congress Party which had a majority, Muslim League, Scheduled Caste Federation, the Indian Communist Party and therefore the Union Party. 7 CU IDOL SELF LEARNING MATERIAL (SLM)

The CA met for the primary time in December 1946 and by November 1949 the draft constitution was approved. The constitution went into effect in January 1950 and therefore the CA was transformed into a Provisional Parliament. The Constitution which remains effective has been amended over 90 times making it one among the foremost frequently amended constitutions within the world. It is also known to be one among the longest and most detailed within the world with 395 articles and 10 appendixes called schedules. Extensively modeled on western legal and constitutional practice, its key features include: • The establishment of a federal system with residual powers during a central government • A list of fundamental rights • A Westminster style parliamentary system of government. Key timelines in the 1948 constitutional process 1946 Britain decides on to grant independence to India and cabinet mission is dispatched to India to discuss modalities for transfer of power 14 August 1947 Proposal for creation of committees is tabled 29 August 1947 Drafting committee is established 6 December 1947 Constituent Assembly formally convenes for the first time, following elections, to start the process of writing a constitution. 4 November 1947 Draft is finalized and submitted 1948 – 1949 Constituent Assembly meets in sessions open to the public 26 November 1949 Constituent Assembly adopts final draft making it official 8 CU IDOL SELF LEARNING MATERIAL (SLM)

26 January 1950 Entry into force of the new constitution 1.3 CONSTITUENT ASSEMBLY AND DRAFTING OF INDIAN CONSTITUTION Exactly 70 years ago the Constituent Assembly of India sat for the primary time on December 9, 1946. Thus, started a historical journey which saw India attainting independence, choosing its ensign, national insignia, national anthem; and ultimately adoption of the Constitution which made our country a democratic republic. On this occasion, right down to Earth is producing a special package together with Jana Vidhi Muhim, which is functioning on spreading constitutional literacy; especially on countering ignorance and misinformation. It is desirable that Constitution becomes accessible by common citizen and doesn’t just remain preserve of lawyers and students. We present this package with a hope that more and more people will realize that the Constitution isn't a holy book but a functional manual. Salient Features of Constituent Assembly of India • As per the provisions of Cabinet Mission Plan of May 1946 The Constituent Assembly of India came into existence. Its duty was to formulate constitution/s for facilitating appropriate transfer of sovereign power from British authorities to Indian hands. • The Assembly was to possess representation from existing provincial legislatures and from various princely states. Bulk of those elections was completed by the top of July 1946, under the supervision of Reforms Office under governor (Viceroy). • The Assembly was to have three sections: Punjab & North-West, Bengal-Assam and Rest of India. The Constitutions were to be formulated for Indian Union, each Section and for each and every of the Provinces therein. The Muslim League, which had won majority of the 80 Muslim seats and dominated two smaller Sections, chose to not participate therefore the Assembly never convened separately in sections. 9 CU IDOL SELF LEARNING MATERIAL (SLM)

• Assembly held 12 sessions, or rounds of sittings: 1. December 9-23, 1946, 2. January 20- 25, 1947, 3. April 28- May 2, 1947, 4. July 14- 31, 1947, 5. August 14- 30, 1947, 6. January 27, 1948, 7. November 4, 1948-January 8, 1949, 8. May 16- June 16, 1949, 9. July 30-September 18, 1949, 10. October 6-17, 1949, 11. November 4-26, 1949, 12. January 24, 1950. • Membership of the Assembly kept varying for various reasons, aside from resignation and death. Many public figures showed willingness to enter the Assembly but its membership was also denounced by certain groups like Muslim League, Communists and Socialists. These attitudes changed too. After passage of the Indian Independence Act by British Parliament it had been decided that those members who wish to retain their seats in provincial legislature would vacate their seats in the Assembly. But several members of provincial legislature continued to return and partake within the Assembly until the supply against this was made within the Constitution itself. Biggest change in membership was caused due to the declaration of Partition of India. Certain members like Dr. Ambedkar, who was elected from territories allocated to Dominion of Pakistan, lost their seats. Muslim League members elected from United Provinces, Bihar et al. came to inhabit their seats after partition. Such members were embarrassed on many occasions and Patel 10 CU IDOL SELF LEARNING MATERIAL (SLM)

even told them to travel to Pakistan. After initial disinterest, the princely states started negotiating with a committee of the Assembly for their representation. Over a period, many princely states were come together into larger associations and provisions were made for them to elect their representatives to the Assembly. Till the Judgment Day of the Assembly, new members kept adding in. Hyderabad didn't send any representative till the top. The overall number of individuals who sat as members of the Assembly at any time has not been calculated by any official or scholar. Records show that maximum membership towards the top of tenure of Assembly was 307. • The Assembly seized help from several non-members in formulation of the Constitution. Eminent public figures outside the Assembly were requested to figure as members of committees formed by the Assembly for focused deliberations on specific features or segments. • Much of constitution-making happened in these committees, both from procedural and substantive viewpoint. Till date, no official report has appeared publicly domain on the precise number of committees formed by the Constituent Assembly. Resolutions were moved for fixing committees as and when the necessity arose, and adopted after discussion. Depending on speediness of nomination or election of members of respective committees, their formal appointment took few hours, days or weeks from the adoption of resolution. Some of the known committees were: 1. Organizational Committees 1.1- Rules of Procedure Committee (appointed on December 11, 1946. 15 members, Chairperson- Rajendra Prasad, ex-officio. Worked till 20 Dec. 1946) 1.2- Steering Committee (appointed on January 21, 1947. 19 members, Chairperson- Rajendra Prasad, ex-officio. Worked till the end.) 1.3- Staff and Finance Committee (appointed on December 23, 1946. 11 members, Chairperson- Rajendra Prasad, ex-officio. Worked till the end.) 1.4- Credentials Committee (appointed on December 23, 1946. 5 members, Chairperson- A.K. Ayyar, Worked till the end). 11 CU IDOL SELF LEARNING MATERIAL (SLM)

1.5- Order of Business Committee (appointed on January 25, 1947. 3 members, Chairperson- K.M. Munshi. Worked till July 14, 1947) 1.6- States (Negotiating) Committee (appointed on December 21, 1946. 6 members, Chairperson- J.L. Nehru. Worked till June 5, 1947) 1.7- Flag Committee (appointed on June 23, 1947. 12 members, Chairperson- Rajendra Prasad, ex-officio. Worked till July 22, 1947) 1.8- Committee on Functions of Constituent Assembly, under the Indian Independence Act (appointed on August 20, 1947. 7 members, Chairperson- G.V. Mavlankar. Worked till August 25, 1947) 2. Principal Committees and their sub-committees 2.1- Advisory Committee on Fundamental Rights, Minorities, Tribal Areas and Excluded Areas (appointed on 24 Jan. 1947. 57 members, Chairperson- Sardar Patel. Worked till 26 May 1949) 2.2- Union Powers Committee (appointed on 25 Jan, 1947. 12 members, Chairperson- J.L. Nehru. Worked till 26 Aug. 1947) 2.3- Union Constitution Committee (appointed on 4 May. 1947. 12 members, Chairperson- J.L. Nehru. Worked till 31 July, 1947.) 2.4- Provincial Constitution Committee (appointed on 4 May. 1947. 21 members, Chairperson- Sardar Patel. Worked till 21 July, 1947.) 2.5- Drafting Committee (appointed on 29 Aug. 1947. 8 members, Chairperson- Dr. Ambedkar. Worked till 17 Nov. 1949) 3. Other Sectoral Committees 3.1- Ad-hoc Committee on Citizenship (appointed on 30 April, 1947. 7 members, Chairperson- S. Varadachariar. Worked till 12 July. 1947) 3.2- Committee on Chief Commissioner’s Provinces (appointed on 31 July, 1947. 7 members, Chairperson- N. Gopalaswami Ayyangar. Worked till 21 Oct. 1947) 12 CU IDOL SELF LEARNING MATERIAL (SLM)

3.3- Experts Committee on Financial Provisions of Constitution (appointed in Nov. 1947. 3 members, Chairperson- N.R. Sarkar. Worked between 17 Nov.- 5 Dec. 1947) 3.4- Sub-Committee on Minority safeguards for West Bengal and East Punjab (appointed on 24 Feb. 1948. 5 members, Chairperson- Sardar Patel. Worked till 23 Nov., 1948.) • Curiously, the so-called Special Committee was constituted to make a decision the longer term course of action after comments had arrived in response to the Draft Constitution of February 1948. Neither a resolution for its constitution existed, nor anybody cared to tell the Assembly afterward how and why this committee of great consequence was formed. Total of 32 members attended meetings of Special Committee on April 10-11, 1948, which were chaired by Jawahar Lal Nehru. • Rajendra Prasad was elected as the President of Constituent Assembly while VT Krishnamachari and HC Mookerji functioned as Vice-Presidents. HVR Iyengar was appointed as the Secretary General of the Assembly, and SN Mukherji was the Chief Draftsman. • After authentication of copies of the Constitution, the Constituent Assembly got naturally dismissed and its Chairperson got elected as the President of India, and other staff members were diverted to other avenues. But most of the Assembly continued functioning as the provisional Parliament of India till first general elections were held. Without a doubt the primary amendment to the Constitution of India was made by this provisional Parliament within the summer of 1951. 1.4 FORMATION OF THE CONSTITUENT ASSEMBLY The idea of a constituent assembly was first proposed in 1934 by M.N. Roy. However, the actual constituent assembly was formed in 1946 on the basis of the cabinet mission plan. The Constituent Assembly of India was a sovereign body, which was formed on the recommendations of the Cabinet Mission which visited India in 1946 to draft a Constitution for the country. However, later on the Constituent Assembly also faced certain criticisms after its formation. 13 CU IDOL SELF LEARNING MATERIAL (SLM)

Fig 1.1 Fig 1.2 Constituent Assembly of India – Background In 1934, M N Roy first proposed the idea of a constituent assembly. The demand was taken up by the Congress Party in 1935 as an official demand The British accepted this in the August Offer of 1940 Under the Cabinet Mission plan of 1946, elections were held for the formation of the constituent assembly 14 CU IDOL SELF LEARNING MATERIAL (SLM)

The members of this assembly were elected indirectly, i.e., by the members of the provincial assemblies by the method of a single transferable vote of proportional representation The constituent assembly was formed for the purpose of writing a constitution for independent India Composition of Constituent Assembly Initially, the number of members was 389. After partition, a number of the members visited Pakistan and therefore the number decreased to 299. Amongst them, 229 were from British provinces and 70 were nominated from the princely states. Dr. Sachchidananda Sinha was elected as the first temporary chairman of the Constituent Assembly. Afterwards, Dr. Rajendra Prasad was elected because the President and its president was Harendra Coomar Mookerjee. BN Rau was the constitutional advisor. Committees of Constituent Assembly of India Drafting Committee Dr. B R Ambedkar Union Constitution Committee Jawaharlal Nehru Union Powers Committee Jawaharlal Nehru States Committee Jawaharlal Nehru Steering Committee Dr. Rajendra Prasad Rules of Procedure Committee Dr. Rajendra Prasad Provincial Constitution Committee Sardar Vallabhbhai Patel 15 CU IDOL SELF LEARNING MATERIAL (SLM)

Advisory Committee on Fundamental Fundamental Rights Sub-Committee: Rights, Minorities and Tribal and Excluded Acharya Kripalani Areas: Minorities Sub-Committee: H C Mookerjee Excluded and Partially Excluded Areas (Other than those in Assam) Sub- Committee: A V Thakkar North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub- Committee: Gopinath Bardoloi 1.4.1 The Cripps Mission Initially, the colonial authorities resisted the demand for creation of a Constitution of India. But with the change in the circumstances - the outbreak of the World War II and formation of the new Coalition (Labour-led) government in Britain, the British government was forced to acknowledge the urgency to solve the problem related to Constitution of Indians. In 1942, the British government sent its cabinet member – Sir Stafford Cripps with the draft declaration on proposals (regarding formation of constitution for Indians) to be implemented at the end of the WW II provided both the Muslim League and the Indian National Congress had agreed to accept them. The draft proposals of the Cripps Mission recommended the following: providing Dominion Status to India, i.e., equal partnership of the British Commonwealth of Nations; all Provinces (ruled by the British India government) and Indian States (ruled by Indian princes) should constitute one Indian Union by the British Constitution; the Constitution of India should be framed by an elected Constituent Assembly of Indian people but if any province (or Indian State) which was not prepared to accept the Constitution was to be free to retain its constitutional position which had existed at that time. Such provinces were to be free to enter separate constitutional arrangements. Both the Indian National Congress and the Muslim League did not accept the proposals of the Cripps Mission. The Muslim League demanded that India should be divided on the communal lines and some provinces should form an independent state of Pakistan; and, there should be two Constituent Assemblies, one for Pakistan and another for India. 16 CU IDOL SELF LEARNING MATERIAL (SLM)

1.4.2 The Cabinet Mission The British Indian government made several attempts to bridge the differences between the Indian National Congress and the Muslim League. But it was unsuccessful. The British government sent another delegation of the Cabinet members, known as the Cabinet Delegation, which came to be known as the Cabinet Mission Plan. It consisted of three cabinet members – Lord Pathic Lawrence, Sir Stafford Cripps and Mr. A.V. Alexander. The Cabinet Delegation also failed to bring the Indian National Congress and the Muslim League to an agreement. It, however, made its own proposal which was announced simultaneously on 16 May, 1946 in England as well as in India. The Cabinet delegation made the following recommendations: there should a Union of India consisting of British India and the States, which would have jurisdiction over subjects of Foreign Affairs, Defense and Communication; all residuary powers would belong to the Provinces and the States; the Union would have Executive and Legislature consisting of the representatives from the Provinces and the States but for decision relating to a major communal issue in the legislature a majority of representatives of two major communities would be present, and voting along with the majority of all members present and voting would be required; the provinces would be free to form Groups with executives and legislatures; and each group would be free to determine the Provincial Subjects which would be taken up by the Group organisation. 1.4.3 Election to the Constituent Assembly Meanwhile, according to the proposals of the Cabinet Mission, the election to the Constituent Assembly was held in which members of both the Indian National Congress and the Muslim League were returned. The members of the Constituent Assembly were elected by the Provincial Legislative Assemblies. On the other hand, differences between the Indian National Congress and the Muslim League arose on understanding of “Group Clauses” of the Cabinet Mission. The British government intervened at this stage and explained to the leaders in London that the contention of the Muslim League was correct. And on December 6, 1946, the British Government published a statement, which for the first time acknowledged the possibility of two Constituent Assemblies and two States. As a result, when the Constituent Assembly first met on December 9, 1946, it was boycotted by the Muslim League, and it functioned without the participation of the Muslim League. 17 CU IDOL SELF LEARNING MATERIAL (SLM)

Functions of the Constituent Assembly 1. Framing the Constitution. 2. Enacting laws and involved in the decision making process. 3. It embraced the National flag on July 22, 1947. 4. It gave consent and approved India's membership of the British Commonwealth in May 1949. 5. It elected Dr. Rajendra Prasad as the first President of India on January 24, 1950. 6. It adopted the National anthem on January 24, 1950. 7. It adopted the National song on January 24, 1950. Objective Resolution On Dec 13 1946, The Objective Resolution was moved by Pandit Jawaharlal Nehru, that gave the philosophy and guiding principles that framed the Constitution and later on became the form of Preamble of the Constitution of India. This Resolution was collectively adopted on 22 Jan 1947 by the Constituent Assembly. The Resolution said that the Constituent Assembly will initially announce India as an Independent Sovereign Republic which will consist of all the territories, preserve as autonomous units and retain residuary powers; all the people of India shall be assured justice, equality of status, expression ,freedom of thought, faith, belief, vocation, worship, , association and subject to law and public morality; sufficient protection shall be provided for minorities, depressed classes ,backward, the integrity of the territories of the Republic and its sovereign rights on land, sea and air and so India would do its part of job in contributing towards the world peace promotion and the betterment of mankind. Committees of the Constituent Assembly Eight major committees were appointed by the Constituent Assembly. They are as below: 1. Constitution Making Union Powers Committee 2. Union Constitution Committee 18 CU IDOL SELF LEARNING MATERIAL (SLM)

3. Provincial Constitution Committee 4. Drafting Committee 5. Advisory Committee on Fundamental rights and Minorities 6. Rules of Procedure Committee 7. States Committee 8. Jawaharlal Nehru Steering Committee Out of these eight major committees, the most important was the Drafting Committee. On 29th August 1947, the Constituent Assembly set up a Drafting Committee on 29th August 1947, the chairman of the drafting committee was Dr. B.R. Ambedkar. He prepared the draft of Constitution for India. Criticism of the Constituent Assembly Constituent Assembly was criticized on the ground of following points: 1. Not a Popular body: Critics opposed that the people of India did not directly elected the members of the Constituent Assembly. The Preamble stated that the Constitution has been adopted by the people of India, on the contrary it was adopted by only few individuals who were not even elected by the people. 2. Not a Sovereign body: The critics said that the Constituent Assembly was not a sovereign body because it was not created by the people of India. But it was created by the proposals of the British rulers by executive action before India’s independence and its composition was determined by them. 3. Time consuming: The critics were also of the view that the Constitution took too much time to be prepared in comparison to other nations. It took only four months for the framers to prepare The US Constitution. 4. Dominated by Congress: The critics believed that the Congress in the Constituent Assembly greatly affected and imposed its thinking on the people of the country through the Constitution drafted by it. 5. Dominated by one community: According to some critics, the religious heterogeneity was missing in the Constituent and Hindus dominated it. 6. Dominated by Lawyers: Critics also argued that the due to influence of the lawyers in the 19 CU IDOL SELF LEARNING MATERIAL (SLM)

Constitution Assembly, it became large and cumbersome 7 Difficult to understand - The language of the Constitution was tough for a common man to understand. The other sections of the society were not allowed to put up their voice and concerns and were devoid of participating in the decision-making process when the Constitution was drafted Due to the above reasons, the Constituent Assembly became the Provisional Parliament of India and significantly contributed to the drafting of the historic Constitution of India and later helped to build the Indian political system. 1.5 NATURE OF THE CONSTITUENT ASSEMBLY’S REPRESENTATION It is often discussed that the Constituent Assembly of India do not represent the people of India as its representatives were not elected through the universal adult franchise. Instead, they were indirectly elected by the restricted adult franchise restricted to the privileged sections of society – the educated and tax payers. According to Granville Austin the reasons for the limiting franchise and indirect election to the Constituent Assembly members were defined by the Cabinet Mission Plan. These were to avoid the cumbersome and slow progress in the process of Constitution making. The Cabinet Mission provided for the indirect election to the Constituent Assembly by the elected members of the provincial legislature. The Indian National Congress agreed to this proposal of the Cabinet Mission forsaking the claim of adult franchise to hold election to the Constituent Assembly. Despite having been elected through the restricted adult franchise, the Constituent Assembly represented different shades of opinions and religious communities of India. Austin observed that though there was a majority of the Indian National Congress in the Constituent Assembly, it had an “unwritten and unquestioned belief” that the Indian National Congress should represent social and ideological diversity. There was also its “deliberate policy” that the representatives of various minority communities and viewpoints should be represented in the Constituent Assembly. The Constituent Assembly consisted of members with different ideological orientations, and three religious’ communities -Sikhs, Muslims and General (Hindus and all other communities like the Anglo-Indians, Parses, etc.). In words of K. Santaram “There was hardly any shade of opinion not represented in the Assembly”. Majority of the Constituent Assembly members belonged to the Indian 20 CU IDOL SELF LEARNING MATERIAL (SLM)

National Congress. It also included more than a dozen non-Indian National Congress members. Some of these were A.K. Ayyer, H.N. Kunjru, N.G. Ayyanger, S.P. Mukherjee and Dr. B.R. Ambedkar. S.P. Mookerjee represented the Hindu Mahasabha. The Constituent Assembly included representatives from the Princely States as well. It needs to be underscored that Dr. Ambedkar was initially elected to the Constituent Assembly from Bengal as member of the Scheduled Caste Federation. But he lost this seat due to the partition of Bengal and was re-elected by the Bombay Indian National Congress (as a non-Indian National Congress candidate) at the request of the Indian National Congress High Command. The Constituent Assembly sought to address concerns of every person irrespective of their social and cultural orientations. Before incorporating a provision in the constitution, it held elaborate deliberations. Thus, the members of the Constituent Assembly could overcome the limitations of having been elected by the restricted franchise. As you will 14 Constituent Assembly and Constitution read in unit 3 Preamble, the Constituent Assembly sought to accommodate universal values of democracy. The Constituent Assembly adopted several provisions from different constitutions of world and adapted them to the needs of India. In fact, Austin argues that while incorporating different provisions in the Constitution including those which were borrowed from other countries the Constituent Assembly adopted “two wholly Indian concepts” of resolving differences among its members, i.e., consensus and accommodation. Most members of the Constituent Assembly participated in its proceedings. But these were twenty individuals who played the most influential role in the Assembly. Some of them were Rajendra Prasad, Maulana Azad, Vallabhbhai Patel, Jawaharlal Nehru, Govind Ballabh Pant, P. Sitaramayya, A.K. Ayyar, N.G. Ayyangar, K.M. Munshi, Dr. B.R. Ambedkar and Satyanarayana Sinha. Though the Constituent Assembly was the only forum where deliberations took place, but the deliberations took place in harmonization of three bodies – the Constituent Assembly, the Indian National Congress Party, and the interim government. Some members of the Constituent Assembly were also members of other bodies at the same time. Austin said that “an oligarchy” of four – Nehru, Patel, Prasad and Azad had enjoyed unquestioned honour and prestige in the Assembly. They dominated the proceedings of the Constituent Assembly. Some of these were simultaneously in the government, Indian National Congress Party and the Constituent Assembly. Prasad was President of Indian National Congress before becoming the President of the Constituent Assembly. Patel and Nehru were Prime Minister 21 CU IDOL SELF LEARNING MATERIAL (SLM)

and Deputy Prime Minister respectively at the same time. They were part of the inner circles of the committees of the Constituent Assembly. The Constitution Drafting Committee meticulously incorporated in the draft constitution the decisions of the Constituent Assembly. Dr. B.R. Ambedkar, chairman of the Drafting Committee played the leading role in drafting of the Constitution. Acknowledging the pivotal role of Dr. Ambedkar, T.T. Krishnamacharya, a member of the Drafting Committee, said in one of his speeches: “The House is perhaps aware that out of the seven members nominated by you, one had resigned from the house and was replaced. One had died and was not replaced. One was in America and his place was not vacant, and another person was busy in State Affairs, and there was an empty space created. Few were away from Delhi due to some health reason and were not able to attend. So ultimately the burden of constitution drafting this was on Dr. Ambedkar and I have no doubt that we are grateful to him for having completed the task commendable. manner” (Ambedkar, Writings and Speeches, Vol.13, p.v, 1994). Dr. Ambedkar on his part “gave much of credit” to S.N. Mukherjee - B.N. Rau’s and Ambedkar’s assistant, the Drafting Officer of the Assembly, “for the careful wording of the Constitution”. The Role of The Constituent Assembly in The Making of Indian Constitution The inaugural session of the Constituent Assembly was held on 9 December 1946. It was supposed to be attended by all 296 members but only 207 members could attend it because the Muslim League members absented from it. As stated 15 The Making of the Indian Constitution earlier, they had boycotted the Constituent Assembly. In this meeting, Acharya J.B. Kripalani requested Dr. Sachchidananda Sinha to be the temporary chairman of the House. The members passed a resolution on 10 December 1946 for election of a permanent chairman, and on 11 December 1946, Dr. Rajendra Prasad was elected as the permanent Chairman of the Constituent Assembly. On13 December 1946, Jawaharlal Nehru moved resolution regarding the Objectives of the constituent Assembly as discussed in unit 3. The Constituent Assembly divided its work among different committees for its smooth functioning. Some of the important committees were: (a) Union Power Committee. It was chaired by Jawaharlal Nehru and had nine members; (b) Committee on Fundamental Rights and Minorities. It had 54 members and Sardar Ballabh bhai Patel was its chairman; (c) Steering Committee and its 3 members which included Dr. K.M. Munshi (chairman), Gopala swami Iyengar and Bhagwan Das; (d) Provincial Constitution Committee. It had 25 22 CU IDOL SELF LEARNING MATERIAL (SLM)

members with Sardar Patel as its chairman; (e) Committee on Union Constitution. It had 15 members with Jawaharlal Nehru as its chairman. After discussing the reports of these committees, the Constituent Assembly appointed a Drafting Committee on 29 August 1947 under the chairmanship of Dr. B.R. Ambedkar. The draft was prepared by Sir B.N. Rau, Advisor to the Constituent Assembly. A 7-member Committee was constituted to examine the draft. Dr. B.R. Ambedkar, who was Law Minister as well as chairman of the Drafting Committee piloted the draft in the Assembly. Dr. Ambedkar presented “Draft Constitution of India”. The “Draft Constitution” was published in February, 1948. It was discussed by the Constituent Assembly clause by in its several sessions and was completed by October 17, 1949. This discussion was known as the second reading. The Constituent Assembly again met on 14 November 1949 to discuss the draft further or to give it a third reading. It was finalised on 26 November 1949 after receiving the signature of the President of the Constituent Assembly. But it was January 26, 1950 which became the date of commencement of the Constitution. 1.6 SALIENT FEATURES OF THE CONSTITUION The Indian Constitution has some salient features. These features give Indian Constitution a distinct identity. It is based on the features of different constitutions of the world. In the words of Dr. Ambedkar, The Indian constitution was prepared “after ransacking all the known Constitutions of the world”. The chapter on Fundamental Rights is based on the American Constitution; the Parliamentary System has been adopted from the British Constitution; the Directive Principles of State Policy have been adopted from the constitution of Ireland; the Emergency provisions are based on the Constitution of Weimar (Germany) and Government of India Act, 1935. The features which have been borrowed from other Constitutions have been modified in the light of the needs of our country. It is the longest written constitution. At the time of its formation, the constitution of India had 395 Articles and 8 Schedules. It ensures both Justiciable and Non-Justiciable Rights: Fundamental Rights and the Directive Principles of the State Policy. The constituent makers preferred universal adult franchise over the separate electorates. You will read about it below. 16 Constituent Assembly and Constitution 1.6.1 Universal Adult Suffrage and Abolition of the Separate Electorate After debating its draft list of Fundamental rights the Sub-Committee on Fundamental Rights did not recommend inclusion of all of them in the section III of the Constitution as the Fundamental Rights. Instead, it suggested that these 23 CU IDOL SELF LEARNING MATERIAL (SLM)

should be incorporated in other places in the Constitution. One such example is that of the Universal suffrage, and Secrete and periodic elections. The subcommittee agreed unanimously in favour of the Universal suffrage but suggested that it should not be part of the Fundamental Rights. Accordingly, it was placed in the Article 326 of the Part XV on election. The word “universal”, however, is missing from the Article 326. But the fact that every adult citizen of the country is entitled to vote makes it practically a universal adult franchise. In fact, before Indians really got the right to universal adult franchise, the prominent leaders of the Indian National movement strove for the abolition of the separate electorate in favour of the joint electorate. The British had sought to continue separate electorate in India since the Morley-Minto reforms, 1909 till the Communal Award of 1932 in the Constitution. The Communal Award aimed to accord separate electorate for Muslims, Europeans, Sikhs, Indian Christians and Anglo-Indians. It also provided for seats for the Depressed Classes which were to be filled in elections from special constituencies. In such constituencies only the depressed classes could vote. In addition, the depressed classes were also entitled to vote in general constituencies. Gandhi opposed the recommendation of the notion of separate electorate for the depressed classes. In opposition to the proposal for separate electorate, he set on fast unto death in September 1932. Gandhi’s fast evoked opposition from Ambedkar. However, both Gandhi and Ambedkar reached compromise in Poona Pact. According to the Poona Pact, seats were reserved for the depressed classes in the general constituencies. This resulted in the abolition of the separate electorate. The abolition of separate electorate got reflected in the reservation of seats in the legislative bodies Constitution. 1.7 SUMMARY • The making of Indian Constitution largely consisted of two phases – 1858 to 1935 and 1946 to 1949. • With the transfer of power from the East India Company to the British Crown, the British government introduced different elements of governance through different Acts. These also included the elements of representation of Indians in the institutions of governance. • The motive of the British to introduce them was to serve their colonial interests rather than to provide democratic rights to them. 24 CU IDOL SELF LEARNING MATERIAL (SLM)

• The provision for communal representation introduced through the Morley-Minto Reforms in 1909 and through the Communal Award in 1932 was opposed by the leaders of the Indian National Movement. Gandhi’s fast resulted in the Poona Pact abolishing the separate electorate and in giving the reservation to the depressed classes in the provincial legislature. • After the Indian National Congress emphasized the need for making of a Constitution of India by their own Constituent Assembly, the changed political situation following the Second World War and change of government in Britain, the British reluctantly realized the urgency for establishment of the Constituent Assembly of India for Indians. • The Constituent Assembly which was set up following the recommendations of the Cabinet Mission Plan was elected through the restricted adult franchise by the provincial assemblies. Despite having elected by the privileged sections of the society, the Constituent Assembly represented different shades of opinions and ideologies. It also represented different social groups of India. • The Constituent Assembly discussed all issues thoroughly before reaching decision on them. The decision and suggestions of different sub-Committees of the Constituent Assembly were finally incorporated in the Constitution of India. The Constitution of India is a document which provides a vision for social change. The Constitution is an embodiment of principles of liberal democracy and secularism, with some elements of social democracy. It ensures protection of cultural, linguistic and religious rights of individuals and communities. 1.8 KEWORDS • INC- Indian National Congress • Federal-pertaining to or of the nature of a union of states under a central government distinct from the individual governments of the separate states, as in federal government; federal system. • Accountable (accountability): Being under an obligation to explain and accept responsibility for one’s actions. An elected government is politically (at least 25 CU IDOL SELF LEARNING MATERIAL (SLM)

electorally) accountable to the electorate; in a parliamentary system it is accountable to parliament; a public servant should be accountable to the law. • Adoption: The final decision of a body to accept something. This could be the decision of a constituent assembly to accept the completed constitution, for example, or of a law-making body to agree to a particular course of action. It is not necessarily a legal expression. The way in which adoption is carried out may be laid down in the law—for example, by a vote by a particular majority, or by a referendum. • Amend: Change a law, including a constitution. How to make a change to a constitution will be laid down in the previous constitution. How to change a law will be in the constitution or the rules of parliament. It is possible that “amendment” does not include replacing the entire constitution. 1.9 LEARNING ACITIVITY 1. Find out more about the challenges faced in drafting the constitution. 2. Discuss the contribution of Indian leaders in forming the constitution. 1.10 UNIT END QUESTIONS A. Descriptive Questions Short Answer 1. What is the difference between adoption and commencement of the Constitution of India? 2. When was the Constitution of India adopted, and when did it commence? 3. How was the Government of India Act, 1935 different from the earlier Acts? 4. What did the Nehru Report recommend? 26 CU IDOL SELF LEARNING MATERIAL (SLM)

5. What were the recommendations of the Cripps Mission? Long Answer 1. What were the recommendations of the Cabinet Mission? 2. How was the social diversity reflected in the composition of the Constituent Assembly? 3. Who did Austin call as “an oligarchy” of four within the Constituent Assembly? 4. What were the committees within the Constituent Assembly? Mention some of them. 5. Explain the role of Dr. Ambedkar in Indian constitution. B. Multiple Choice Questions 1. When did the Constitution of India come into effect? a. 26 January, 1947 b. 26 January, 1949 c. 26 January 1950 d. 27 January, 1949 2. 2. How many Schedules are contained in the Constitution of India? a. 12 schedules b. 20 schedules c. 10 schedules d. 25 schedules 3. 3. To whom the General-Purpose Committee advises? 27 CU IDOL SELF LEARNING MATERIAL (SLM)

a. The president b. The vice-president c. The speaker d. The Prime Minister 4. How many Schedules are contained in the Constitution of India? a. 12 schedules b. 20 schedules c. 10 schedules d. 25 schedules 5. Which amendment of the constitution was offered full statehood to Arunachal Pradesh? a. Fifty-Fifth b. Sixtieth c. Forty-Fourth d. Sixth-Fifth Answer 1-c, 2-d, 3-c, 4-a, 5-a 1.11 REFERENCES References Book 28 CU IDOL SELF LEARNING MATERIAL (SLM)

• Ambedkar, Dr. Babasaheb (1994). Writings and Speeches. Vol. 13, Education Department, Government of Maharashtra. • Basu, D.D. (2011). Introduction to the Constitution of India, (20thed.). New Delhi, India: Wadhwa and Company Law Publishers. • Chaube, S.K. (2009).The Making and Working of the Indian Constitution. New Delhi, India: National Book Trust. 18 Constituent Assembly and Constitution • Granville, Austin (2012).The Indian Constitution: Cornerstone of a Nation (17thed.). New Delhi, India: Oxford University Press. • Mishra, Salil (2001). A Narrative of Communal Politics: Uttar Pradesh, 1937-39. New Delhi, India: Sage Publications. Textbook • Rao, Govinda M. and Nirvikar Singh (2005). Political Economy of Federalism in India. New Delhi, India: Oxford University Press. • Sarkar, Sumit (1983). Modern India 1885-1947. New Delhi, India: Macmillan. • Shankar, B.L. and Rodrigues Valerian (2011).The Indian Parliament: A Democracy at Work. New Delhi, India: Oxford University Press. Web resources • https://www.jagranjosh.com/general-knowledge/the-constituent-assembly-of-india- 1434780545-1 • https://www.topperlearning.com • https://www.constitutionofindia.net › 29 CU IDOL SELF LEARNING MATERIAL (SLM)

UNIT - 2: PREAMBLE AND ITS IMPORTANCE Structure 2.0 Learning Objectives 2.1 Introduction 2.2 Preamble and Its Importance 2.3 Background of Preamble 2.3.1 Objectives Resolution 2.3.2 Significance of Objectives 2.4 Preamble: the text 2.4.1 “Socialism”, “Secularism” and “and Integrity “in Preamble 2.5 Summary 2.6 Keywords 2.7 Learning Activity 2.8 Unit End Questions 2.9 References 2.0 LEARNING OBJECTIVES After studying this unit, you will be able: • Explain the meaning and significance of Preamble • Get a glimpse into the goals and philosophy of Constitution of India • Analyse the meaning of Objectives Resolution and its evolution into the Preamble • Discuss relationship between the Preamble and the Constitution • Analyse the factors for entry of Secularism and Socialism into the Preamble.

2.1 INTRODUCTION Preamble to a constitution is the window to what is there inside the constitution. The Constitution of India has also got a preamble. It is mentioned in the beginning of the Constitution, before the main part, i.e., the part I. If you read the Preamble, it gives you a glimpse about the philosophy and goals of Indian Constitution. It is a resolution which people of India have passed themselves for their overall development. It is not given to them by any other source than the people themselves. It was written on behalf of the people of India by the members of the Constituent Assembly. As you have read in unit 1, the Constitution of India was written by the Constituent Assembly, which consisted of the people's representatives. You will find it interesting to note that Preamble to Indian Constitution was written towards the end of the session of Constituent Assembly debate – i.e. in October 1949. The first meeting of the Constituent Assembly took place on 6 December 1946 and ended on 26 November 1949 with the adoption of the Constitution of India which commenced on 26 January 1950. Fig 2.1 31 CU IDOL SELF LEARNING MATERIAL (SLM)

2.2 PREAMBLE AND ITS IMPORTANCE A demographic profile of India can be prepared Output of the data collected by the office of the Registrar General of India. Who is responsible for conducting an all-India census of population every 10 years? Census, a Latin word for a register, is the official counting and gathering of related information of the population of a country. It is with the help of census that a concise demographic profile of the country can be prepared. The country’s first censes was completed in 1872. By demographic features are the population characteristics like, size, composition, diversity, growth and quality of population etc. So as to understand the problems of the population of a particular country, one should have a deep knowledge about the basic features of population of that country. 2.3 BACKGROUND OF PREAMBLE 2.3.1 Objectives Resolution The text of aims and objectives which were to be discussed in the Constituent Assembly first were prepared by Jawaharlal Nehru in the form of Objectives Resolution. In the Constituent Assembly, it was presented by Jawaharlal Nehru and seconded by Purushottam Das Tandon. After the discussion in the Constituent Assembly, most of provisions of Objectives Resolution were accepted as Preamble. You will find it interesting to know the Objectives Resolution was accepted in the beginning of Constituent Assembly debates, but it was adapted into Preamble towards the end of the debates. The purpose of the Objectives Resolution was to give some indications to the Constituent Assembly as to what its members were supposed to do, what they sought to achieve, and where they were going. Objectives Resolution meant to lay certain ground on which structure of the Constitution could be built after the debates and deliberations in the Constituent Assembly. Objective Resolutions were “in the nature of pledge” which the people of India through Constituent Assembly took for their fulfilment in future. The Resolution laid down certain “Fundamentals” for future constitution of India. And the most important was that Indians would have “Sovereign Indian Republic”. Indeed, it was the first time that as a “Fundamental” for Indian political structure the concept “republic” was used in the Constituent Assembly in Objectives Resolution. When Objectives 32 CU IDOL SELF LEARNING MATERIAL (SLM)

Resolution was laid in the Constituent Assembly, the representatives of the States were not present, and those of the Muslim League had boycotted it. But Nehru emphasized that despite their absence, the “republic” shall include all of India. 2.3.2 Significance of Objectives Objectives of the State: The Preamble embodies some valuable goals and objectives to be achieved by state of India. It is the duty of the government and people of India to try to attain these objectives. These objectives are social justice, economic justice and political justice. In should be made a Welfare State. Fraternity should be ensured and there should be harmony between the dignity of the individual and the unity and integrity of the nation. The Preamble contains the date of birth of the Constitution of India. The Constitution was adopted on 26 November 1949. Pandit Thakur Das Bhargava observed, “The Preamble is the most precious part the Constitution. It is the soul of the Constitution. It is a key to the Constitution It is proper yardstick with which one can measure the worth of the Constitution. All the 3 articles of the Constitution have to be measured with the yardstick of the preamble.” Resolution in Jawaharlal Nehru's words the purpose of the Resolution was to “send out a message to show what we have resolved to attempt to do”. Following the discussion in the Constituent Assembly, a constitution could be formed “in whatever words we please ........... we shall see later” (Constituent Assembly Debates, Vol.I, December 13, 1946). And after deliberations for around three years the Constituent Assembly succeeded in forming a Constitution, as you have read in unit 1, which commenced on January 26, 1950. After having designed the Constitution, the Constituent Assembly drafted Preamble. This preamble as you will notice had similarities with Objectives Resolution. Just on the fifth day of inaugural session the Constituent Assembly on 9 December1946 the Objectives Resolution was laid in the Assembly on 13 December. 1946. The Objectives Resolution identified “Fundamentals” which were to guide lines for the structure of Constitutions which the Constituent Assembly has gathered to meet. These “Fundamentals” laid foundations about nature of political system, its territorial boundaries, division of power between union and its constituent units, supremacy of the people as source of all power and authority, 33 CU IDOL SELF LEARNING MATERIAL (SLM)

social justice to all, and safeguarding interests of minorities. These “Foundations” as given in the Objectives Resolution (Vol. I, Constituent Assembly debates) are given below: 29 “1) This Constituent Assembly declares its firm and solemn resolve to proclaim Preamble India as an Independent Sovereign Republic and to draw up for her future governance a Constitution; 2) WHEREIN the territories that now comprise British India, the territories that now form the Indian States, and such other parts of India as are outside British India and the States as well as such other territories as are willing to be constituted into the Independent Sovereign India, shall be a Union of them all; and 3) WHEREIN the said territories, whether with their present boundaries or with such others as may be determined by the Constituent Assembly and thereafter according to the Law of the Constitution, shall possess and retain the status of autonomous Units, together with residuary powers, and exercise all powers and functions of government and administration, save and except such powers and functions as are vested in or assigned to the Union, or as are inherent or implied in the Union or resulting therefrom; and 4) WHEREIN all authority and power of the Sovereign Independent India, its constituent parts and government’s organ , are derived from the people; and 5) WHEREIN shall be guaranteed and secured to all the people of India justice, social, economic and political; equality of status, of opportunity, and before the law; freedom of thought, expression, belief, faith worship, vocation, association and action, subject to law and public morality; and 6) WHEREIN sufficient protection and security shall be provided for minorities, backward and tribal regions, depressed part of the society and other backward classes; and 7) WHEREBY shall be maintain the integrity of the territory of the Republic and its sovereign rights on land, sea, and air according to Justice and the law of civilised nations, and 8) This ancient land attains its rightful and respectful place in the world and make its willing contribution to promote world peace and betterment of mankind.” Objectives Resolution did not mention the word “democratic”. About this, Jawaharlal Nehru opined that the word “republic” mentioned in Objectives Resolution implies democracy. He also clarified that the Objectives Resolution had not only “content of democracy” but also “content of economic democracy”. Nehru was of the view that objection may arise that the Resolution nowhere mention realization of “a Socialist State” among the objectives of the Resolution. To this, he responded that India would move towards “Socialist State”, and what form of Socialism would develop would depend on the nature of deliberations. The Objectives Resolution was going to be the part of the 34 CU IDOL SELF LEARNING MATERIAL (SLM)

Constitution that the Assembly was expected to make. This was not binding on the members of the Constituent Assembly. They had “perfect freedom” to draw up the Constitution. The Resolution only laid down “certain fundamentals”. Source of the Constitution We, the people of India. The phrase “We the people of India” laid stress on the fact that the Indian people has made the constitution and it is not given to them by any outside power. It also emphasizes the concept of popular sovereignty as told 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 1. Sovereign: India is internally and externally sovereign – externally free from the control of any foreign power and internally, it has a free government which is directly elected by the people. The government of India forms the law which govern the people of the country. Government of India cannot be dictated or ruled by any external power. 2. Socialist: “Socialism” as an economic philosophy where means of production and distribution are owned by the State. India became a mixed Economy, in which apart from the state, private production will also take place. Socialism is a social philosophy which emphasize on the societal equality. 3. 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 free to preach and practice as well as propagate their own religion. (S R Bommai and Others v Union of India, AIR 1994 SC 1918) 4. Democratic: This feature show that the Constitution has established a form of Government which gets its authority from the will of the people. The people elect the rulers and they are held responsible for them. 5. Republic: A democratic republic is an body in which the head of state is elected, directly or indirectly, for a fixed tenure where as in monarchy, the head of state is appointed on the hereditary basis for a lifetime or until he resigns from the throne,. 35 CU IDOL SELF LEARNING MATERIAL (SLM)

The President of India is elected for the term of five years by an electoral college. In India, the President’s post cannot be inherited by any one President .Each and every citizen of country is eligible to become the President of the India. 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 On 26th November 1949, the Constitution was adopted. On Jan 26th Jan 1950, most of the articles in Constitution came into force. Article 394 consists the article which came into existence on 26th November 1949. 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 Jan 26th , 1950. This day is regarded as the day of commencement of Constitution There was a reason behind choosing 26 January as the day because Declaration of Indian Independence or Poorna Swaraj was achieved by Indian National Congress on this day in the year 1930. More information on Preamble of Indian Constitution • Renowned painter Beohar Ram Manohar Sinha from Jabalpur designed and decorated the preamble-page, and the other pages of the original Constitution of India. • In the case of Kesavananda, Supreme recognized that the preamble can be used to interpret ambiguous areas of the constitution where differing interpretations occurs. (In the 1995 case of Union Government Vs LIC of India also the Supreme Court again stressed that Preamble is the integral part of the Constitution. • The preamble described the state as a “sovereign democratic republic”. During the 36 CU IDOL SELF LEARNING MATERIAL (SLM)

year 1976 the Forty-second Amendment changed this by adding the words socialist and secular to read “sovereign socialist secular democratic republic”. 2.4 PREAMBLE: THE TEXT The textual content of the Preamble to Indian Constitution is as follows. 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 Nov 26th of the year HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. The preamble begins with the words “We the people of India…”. It indicates clearly the source of all authority of the constitution. Indians were just 350 million (approx.), at the dawn of independence. This is roughly 1/6th of humanity. The words “We, the people of India” declares in clear and definite terms that the Constitution has been adopted, enacted and given to the people of India by themselves and no other external power. It lays stress on the sovereignty of the people and the fact that all powers of government come from its own people Constitution rest on the people of India. The preamble briefs that the author of the constitution are the people of India. Though, the people of the country did not directly vote for the constitution because it was impractical four hundred million people to participate in voting. It is evident from the Preamble that the framers of the constitution have been propagated in the name of the people, linked importance to the sovereignty of the people and the constitution. It is not 37 CU IDOL SELF LEARNING MATERIAL (SLM)

based on the mandate of several states which comprises the units of the Union. The constitution given by the people of the country to themselves. In constituent assembly Jawahar Lal Nehru said that the word ‘People’ indicates that the constitution was not formed by the States, nor by the people of the different states but by the people of India in their combined potential capacity. Even the Constitution of U.S.A., in spite of the fact that it was formed due to of the agreement between the numbers of independent states, admits to be established by the people of the U.S.A, and not by the federating states in their sovereign capacities. The words “we the people of India” echo in the starting phrase of the preamble to the constitutions of the United States and of Ireland. It is declares that the constitution is founded on the authority of the people, in whom is vested the ultimate sovereignty. The Supreme Court in Union of India v. Madangop, referred to these words in the preamble while identifying the power of the Indian legislatures, to enact laws with retrospective operation beyond the commencement of the constitution itself. The court confirms that “our constitution as appears from the preamble derives its authority from the people of India”. ‘We, the people of India’, means in other words, ‘we, the citizens of India’, this refer to the both voters and non-voters. The terms- ‘people of India’ and ‘citizens’ are similar terms. Both of them the illustrate the political body which lays the basis of sovereignty and which hold the power and conduct of the government through their representatives; they are what we commonly call the ‘sovereign people’ and every citizen is a constituent part of the sovereignty . D.D Basu, an expert of Constitutional described that though the constitution of India has formed by those who cannot be considered to be fully representatives of the nation and it has been confirmed by a direct vote of the people, the Constitution of India. In the same way the United States asserts that is has been founded on the consent and acquiescence of the people. The preamble says that the people of India enacted and adopted the constitution, after “having solemnly resolved…” It describes that the founding fathers had given serious thought to the provisions of the Constitution. They had done a sacred act and applied full wisdom and political knowledge. They had no axe to grind beyond “securing a good and workable constitution”. • Sovereign 38 CU IDOL SELF LEARNING MATERIAL (SLM)

According to Preamble, the constitution of India has been the implementation of the solemn resolution of the people of India to compose India into a ‘Sovereign Democratic Republic’. It also aims at securing well-defined objects set forth in the preamble. Sovereignty signifies supreme and ultimate power. It may be legal or political, real or normal and individual or pluralistic. In monarchical orders, sovereignty was entrusted to the person of monarchs. But, in the republican type of governments, which mainly exist in the present day world, sovereignty moved to the elected representatives of the people. As per D.D Basu, the word ‘sovereign’ is derived from Article 5 of the constitution of Ireland. ‘Sovereign or supreme power is that which is absolute and uncontrolled within its own sphere’. In the words of Cooley, “A state is sovereign when there resides within itself supreme and absolute power, acknowledging no superior”. Sovereignty, in brief means the independent authority of a state. It has two aspects- external and internal. External sovereignty or sovereignty in international law means the independence of a state of the will of other states, in her conduct with other states in the comity of nations. Sovereign in its association between states and among states signifies independence. The external sovereignty of India means that it can obtain foreign territory and also surrender any part of the Indian territory, subject to restrictions imposed by the constitution. On the other hand, internal sovereignty indicates the relationship between the states and the individuals within its territory. Internal sovereignty refers to internal and domestic affairs and comprises of four parts. They are the executive, the legislature, the judiciary and the administrative. India achieved it’s a sovereignty on 26th January 1950, having same status with the other members of the international community; she decided to be in the Commonwealth of Nations. Jawaharlal Nehru declared that India will continue – “her full membership of the Commonwealth of Nations and her acceptance of the King as the symbol of the free association of the independent nations and as such the Head of the Commonwealth”. Her participation in the Commonwealth of Nations association and the United Nations Organization will not hamper her sovereignty in any case. It is just a voluntary association of India and India is free to surrender the association at her will, and that it has no constitutional significance. 39 CU IDOL SELF LEARNING MATERIAL (SLM)

• Socialist The constitutional commitment to the goal of socio-economic justice, as predicted by the original preamble by the constitution of India has been reinforced by the Constitution (42nd Amendment) Act, 1976. The literal meaning of the term ‘socialist’ is the political and economic system which supports the state’s ownership of the means of production, distribution, and exchange. According to the Oxford Dictionary, ‘socialism’ is a political and economic theory of a social organization which favors that the means of production, distribution, and exchange should be owned or regulated by the community as a whole.” Professor M.C Jain Kagzi while observing that socialism has interspersed in the provision of the constitution remarks that preambular reference was intended helping in a socio-economic revolution. The term ‘socialist’ is not defined in the constitution. Professor M.P Jain observes that the term ‘does not, however, envisage doctrinaire socialism in the sense of insistence on state ownership as a matter of policy’. It does not mean the complete debarring of private enterprise and complete state ownership of material resources of the nation. D.D. Basu considered that the Supreme Court has moved a step ahead toward social justice. P.M Bakshi understands socialism in the context of social justice. A wide spectrum of Indian jurists and authors confirms the significance of socialism in India. The chief architect of 42nd, Amendment Act, 1976, Swarn Singh described that by the word ‘socialism’ means the same that was explained at the Awadhi session of Congress, which aimed at a ‘mixed economy’. Mrs. Indira Gandhi, the then Prime Minister, described further that the term ‘socialist’ was basically used to indicate that the goal of the state in India was to provide a safe and a ‘better life for the people’ or ‘equality of opportunity’. She affirms that socialism like democracy was interpretable differently in various countries. She clearly stated her own concept of socialism and that she only desired a better life for her countrymen. That the framers wished to go socialist was never in doubt. Pt. Jawaharlal Nehru, a member of the Constituent Assembly exclaimed: “I stand for socialism and I hope, India will stand for Socialism and that India will go towards the constitution of a socialist state, and I do believe that the whole world will go that way.” In Excel Wear v. Union of India[xxii], the Supreme Court observed that “the addition of the 40 CU IDOL SELF LEARNING MATERIAL (SLM)

word socialist might enable the courts to lean more in favour of nationalization and state ownership of the industry. But, as long as private ownership of industries is identified and control a large proportion of our economic framework, the principles of socialism and social justice cannot be allowed to ignore or exploit , the interest of another section of the public, namely, the private owners of the undertaking.” In D.S Nakara v. Union of India[xxiii], the court observed that “the basic framework of socialism is to provide a decent standard of life to the working people and especially provide security from cradle to grave.” As per the Supreme Court the, primary motive of the socialist State was to discard the inequality in income and status and standard of life. In Air India Statutory Corporation v. United Labour Union[xxiv], the Supreme Court highlighted the concept of “socialism” and declared that the word socialism was introduced in the constitution to attain an egalitarian social order through rule of law as its primary structure. In Samatha v. State of Andhra Pradesh[xxv] the Supreme Court noted that the word Socialist used in the Preamble must be read from the goals, Article 14, 15, 16, 17, 21, 23, 38, 39, 46 and all other cognate Articles sought to establish, this also aimed to minimize the inequalities in income and status and to provide equality of opportunities and facilities. • Secular According to the dictionary , the word ‘secular’ is defined as a ‘view of life’, or of any particular matter based on premise that religious considerations should be ignored or purposefully excluded or as a system of social ethics based upon doctrine that ethical standards and conduct be determined exclusively without reference to religion. It is the rational approach to life and it do not give an appeal to religion. In 1976, the term-secular’ was inserted into the Preamble, by the 42nd amendment of the constitution but with no proper definition. The word Secular is derived from the Latin word speculum, and amendment of the constitution in which means an indefinite period of time., The word ‘secular’ was rarely used with contempt prior to the mid-nineteenth century. Though the term secular was not included anywhere in the constitution, as it was originally In November 26, 1949, the term secular was used first time, the founding fathers of the constitution clear by the meaning of secularism. The word has no Indian origin. It finds its origin from West in the connection of the Christian religion. In India secularism was not 41 CU IDOL SELF LEARNING MATERIAL (SLM)

born out of the conflict between the church or the temple and the State. It existed in the India’s own past history and culture. It is based on the thinking of the founding fathers to be fair and no biased to all communities irrespective of them being minority or majority. By the Constitution (42nd Amendment) Act, the term secular was introduced in 1976. It describes that t the state does not identify any religion as a state religion .It respects all the religion and treat them equally. In no way it interferes with the individual’s beliefs and rights of religion, worship or faith. However it also does not mean that it is an irreligious or atheistic state. Neither has it meant that India is an anti-religious state. It does not encourage nor favors any particular religion, nor it interferes with any religious rituals. The constitution guarantees equal freedom to all religions. The Supreme Court in St. Xavier’s College v. State of Gujarat, explained “secularism is neither anti-God nor pro-God; it treats alike the devout, the agnostic and the atheist. It eliminates God from the matters of the state and ensures that no one shall be discriminated against on the grounds of religion”. That, every person is free to design his relations with his God in any desired way. He is free to go to God or to heaven in his own ways. And, that praying to God is left to be dictated by his own conscience. In S.R Bommai v. Union of India, a nine-judge bench of the Supreme Court noted that the concept of “Secularism” was very deeply rooted in our constitutional philosophy. What was implicit earlier had been made explicit by the constitution (42nd amendment) in 1976. In Aruna Roy v. Union of India, the Supreme Court has said that secularism has a positive meaning that is developing, understanding and respect towards different religions. Recently in I.R Coelho v. State of Tamil Nadu it has been held that secularism is a matter of conclusion to be drawn from various Articles conferring Fundamental Rights. “If the secular character is not to be found in Part III”, the Court ruled, “it cannot be found anywhere else in the Constitution, because every fundamental right in Part III stands either for a principle or a matter of detail”. In Val Samma Paul v. Cochin University[xxx], the apex court emphasized that inter faith marriages and adoption were two essential social institutions through which “secularism” would gain its fruitful and strong foothold for an egalitarian social order under the Constitution of India. “Secularism,” the court affirmed, was a connection between religions in a multi-religious society to overcome the differences and gaps of their diversity. In the 42 CU IDOL SELF LEARNING MATERIAL (SLM)

true sense, it was the foundation of an egalitarian and progressive society which our constitution aimed to be. • Democratic The term Democracy is coined from the Greek words ‘demos’ which means ‘people’ and ‘kratos’ which means ‘authority’. So, it means government by the people. Thus Democracy can be defined as that form of government where the adult population has direct or indirect participation in the administration. The Supreme Court in Mohan Lal v. District Magistrate, Rai Bareilly, observed: “Democracy is a concept, a political philosophy, an ideal practiced by many nations culturally advanced and politically matures by resorting to governance by representatives of the people elected directly or indirectly”. The primary principle of democracy in a society governed by the rule of Law does not only aim at respecting the will of the majority but also avert the dictatorship of the majority”. Democracy may be of direct or indirect type. In a direct democracy, all the people exercise the power of the government. The people can not only run the government but can also change the constitution by their direct vote. On the other hand in an indirect democracy, the people elect their representatives who run the administration of the government directly. It is also called as representative democracy. In India, the Constitution provides for a Parliamentary Representative Democracy. The apex court in Union of India v. Association for Democratic Reforms, observed: “A successful democracy posits an ‘aware’ citizenry”. “Democracy cannot survive”, the court said, without free and fair elections, without free and fairly informed voters.” This denotes that most important feature of the democracy is free and fair elections. Thus democracy suggests that all three powers of the government i.e. the executive, the legislature and the judiciary should be different, yet mutually independent. Democracy is also a form of life where human dignity, equality and rule of law is maintained. Thus, the sovereign Constitutional state established by the framers could only be Ram Rajya and people’s democracy. The sovereignty in the democratic state would be entrusted in the people and the Nation. In reassertion to the democratic principle, the Constitution was adopted, enacted and adopted by the Constituent Assembly in the name of, and for “We, the People of India.” 43 CU IDOL SELF LEARNING MATERIAL (SLM)

• Republic A state in which the ultimate power rests in the people and representatives or officers elected by them is called as Republic, unlike the one governed by the king or ruler. The word ‘republic’ is derived from res publica, meaning public property or commonwealth. According to Montesquieu, “a republican government is that in which a body, or only a part of people, is possessed of the supreme power”. The term ‘republic’ is used in contrast to the term ‘monarchy’. A republic government the head of the state is an elected person and not a heredity monarch like the king or the queen in England. In such a setup, political sovereignty is entrusted in the people and the person elected by the people for a definite term is the head of the state. In a broader context ,the word ‘republic ‘represent a government where nobody dictates the public power as a proprietary right, but all power is exercised for the common good and where the people are the subjects and free citizens at the same time. The constitution of India envisions The Indian government is a ‘republican form of government’, where; the ultimate power is conferred in the body of the people exercised via universal adult suffrage. The president of India is the executive head of the state and is indirectly elected by the people and remains in the office for a period of five years. In the eyes of law all citizens are equal, No class is considered to be privileged and all public offices are open without any distinction on the basis of race, caste, sex or creed for all the citizens of the country. In a republic, the state sovereignty is granted to the people, and the political power is an expression of the people’s sovereign command, grace or pleasure. The Constitution is adopted and given to themselves by the People. The Constitution of India has been adopted enacted and given “To ourselves by “We, the People”. • Justice In India, the preamble of the constitution advocated to safeguard all citizens of the country to provide political, economic and social justice. Social justice means the abolition of all sorts of inequities which may result from the inequalities of wealth, opportunity, status, race, religion, caste, title and the like. To attain this ideal of social justice, the constitution lays down the directives for the state in Part IV of the constitution. In Air India Statutory Corporation v. United labour Union, It is observed by the Supreme 44 CU IDOL SELF LEARNING MATERIAL (SLM)

Court that the purpose of social justice was to achieve a substantial degree of social, economic and political equality which was the legitimate expectation and constitutional aim. It was confirmed that social justice was a dynamic instrument to reduce the sufferings of the poor, weak, Dalits, tribal and under privileged sections of the society and to increase them to the level of equality so that every person of the country can sustain a life with dignity and self-respect. The term ‘economic justice’ means justice from the point of view of economic force. In brief, it means equal pay for equal work, that every person should get his fair pay for his labour without considering his caste, sex or social status. Political justice also means the absence of any unreasonable or arbitrary differences among men in political matters. The constitution has adopted the system of universal adult suffrage, to safeguard political justice. The expression ‘justice’ is the harmonious reconcilement of individual conduct with the general welfare of society. An act or conduct of a person is said to be just if it encourages the overall well-being of the community. Therefore, the achievement of the common good as distinguished from the good of individuals is the essence of justice. Justice is basic goal of a welfare state and its rest on the existence parameters of justice. • Liberty The preamble of the constitution of India supports to secure the liberty of belief, thought, expression, faith, and worship which are important for the development of the individuals and the country. Liberty or freedom signifies the absence of external obstructions of motion. It suggests the absence of restraint. Doing all the thing allowed by the law is called as Liberty. Aristotle stated that in democracy, liberty is supposed, for it is commonly held that no man is free in any other government. Liberty is a concept of multiple strands. No universally accepted definition of liberty exists, although statesmen and judges, among others, have attempted to give an all-comprising definition of the same. Liberty in the preamble of the constitution of India does not mean only the absence of restraint of domination. It is a positive concept of the ‘right to liberty of thought, expression, belief, faith, and worship’. Acharya J.B Kriplani observed that ‘liberty of thought, expression, belief, faith and worship’ all these freedoms can be only be attained only by non-violence. Democracy is closely 45 CU IDOL SELF LEARNING MATERIAL (SLM)

related to the concept of liberty. Therefore, some kind of minimal rights are to be given to each and every person in a community for free and civilized existence in civil society. In a well-structured society, the liberty of no individual can be neglected or unrestricted. It must be subject to social control, in order to secure the collective interests of the aggregate of the individuals who constitute that society. For example, for prevention and investigation of crimes and the prosecution of criminals. In order, to sustain democracy, liberty is not to degenerate into license. This has been highlighted by Justice Ramaswamy in his dissenting opinion in Kartar Singh’s Case. Liberty is the most valuable possession of a man. Right of doing an act which is permissible by law is called as liberty. Constitution has determined the existence of rights for everyone. “Liberty is confined and controlled by law, whether common law or statute. It is regulated freedom. It is not abstract or absolute freedom. The safeguards of liberty lie in the good sense of the people and in the system of representative and responsible government, which has been evolved. Liberty is itself the gift of law and may be the law forfeited abridged” It was held in Meyer v. Nebraska, “Liberty denotes not merely freedom from bodily restraint but also the right of the individual to contract, engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.” According to John Salmond, “the sphere of my legal liberty is that sphere of activity within which the law is contending to leave me alone”. The constitutional law of the country has fully guaranteed liberty through its mechanisms, judiciary and established rules of justifiability. • Equality Promising specific rights to each individual is meaningless unless all equality is banished from the social structure, and each individual is guaranteed of equal status and opportunity for the development of what is best for him. Rights are meaningless if all members of the community cannot enjoy them equally. One of the major jobs of the constitution makers was to ensure equality of status and opportunity everyone and to give the basis for ultimately establishing an egalitarian society. They continued to achieve these objectives by integrating 46 CU IDOL SELF LEARNING MATERIAL (SLM)

a set of fundamental principles into the Constitution. D.D. Basu has observed that it is the same equality of status and opportunity that the constitution of India advocates to offer to the citizens by the preamble. Equality of status and opportunity is secured to the people of India by eliminating all distinctions and discriminations by the state between citizen and citizen on the basis of religion, race, caste sex and by open ‘public places’, by eradicating untouchability and titles, by protecting equality for opportunity in the matters relating to employment or matters relating to employment or appointment to any state-controlled office. It is basically this equality of status and opportunity that our constitution professes to provide to the citizens by the preamble. The principle of equality of law means not the same law should apply to everyone, but that a law should deal alike with all in one class; that these should be equality of treatment under equal circumstances. It means “that should not be treated unlike and unlike should not be treated alike. Likes should be treated alike.”[xxxix]Equality is one of the magnificent cornerstones of Indian democracy. An equality status permeates the basic structure of the constitution. • Fraternity Fraternity means the spirit of brotherhood, a feeling that all people are children of the same soil, and belong to the same motherland. The term was added to the preamble by a drafting committee of the constituent assembly, “as the committee felt the need for fraternal concord and the goodwill in India was never greater than by then in this particular aim of the new Constitution should be emphasized by special mention in the preamble”. The drafting committee observed that the diversities of India based on race, religions, languages and cultures. The fraternity is the strengthening factor of the inherent diversities. Fraternity means brotherhood and encouragement of which is utterly important for a country which has many race and religions. Brotherhood is a peculiar kind of relationship which connects all human beings, regardless of their gender and generation. The well-functioning of a democratic system will function in is ensured only if there is a spirit of brotherhood and oneness among the people of the land. It is not possible until and unless the dignity of every individual is protected and mutually respected. The longing for forming company paves the way for fraternity. Peaceful co- existence, live and let live others, mutual understanding, feeling for inter-se cooperation, 47 CU IDOL SELF LEARNING MATERIAL (SLM)

attitude of adjustment, sacrifice, to help each other and enjoyment of common wealth, harmony for defence of all and other good human qualities helps establishing the concept of fraternity. The expression ‘to promote among them all’ preceding the word ‘fraternity’ is significant in this respect. ‘Among them, all’ promotes, more particularly the word ‘all’-not only among underprivileged classes but also among the entire people of India. ‘Do hereby adopt, enact’ etc. has been borrowed from the last line the preamble of the Irish constitution. In the words of the Supreme Court- fraternity means a feeling of common brotherhood of all Indians. In a country where so many disruptive forces of regionalism, communalism, and linguist exists, it is important to stress and re-stress that the unity and integrity of India can be protected only by a spirit of brotherhood. India has one citizenship and every citizen should feel that first he is an Indian no matter what his religion is. • The dignity of the Individual Dignity of the individuals is to be preserved for the existence of fraternity. Therefore, the preamble of the constitution of India promises the dignity of all individual. This dignity is promised by providing every individual equal fundamental rights and at the same time, by prescribing a number of directives for the state to direct its policies towards, inter alia, protecting right to an adequate means of livelihood, just and humane conditions of work, a decent standard of life for citizens, men and women equally. The constitution of India seeks to attain ‘dignity of individual’ by assuring equal fundamental rights to every individual, so that he can implement minimal rights, if attacked by anybody in the court of law. The dignity of individual in a nation means the dignity of the nation itself. The preamble of constitution of India recognizes and certifies the enforcement of Fundamental Right essential for existence, the complete development of personality, dignified lives such as equality and freedom of the Indians. It is to be observed that our Supreme Court has read the preamble with article 21 to arrive to the conclusion that the right to dignity is a fundamental right. The members who majorly participated in the debate on Preamble were: Maulana Hasrat Mohani, K.M. Munshi, H.V. Kamath, Purnima Banerjee, Rohini Kumar Chaudhuri and Prof. Shibban Lal Saksena. The Constituent Assembly discussed various aspect of the Preamble. X of the Constituent Assembly debates provides argument of different members 48 CU IDOL SELF LEARNING MATERIAL (SLM)

of the Assembly. Among the points which were more prominently debated were about substitution of certain words in the draft of the Preamble. For instance, Maulana Hasrat Mohani wanted the words “We, the people of India, having solemnly resolved to constitute India into a sovereign socialist secular democratic republic “with “We, the people of India, having solemnly resolved to constitute India into a sovereign federal republic “or “We, the people of India, having solemnly resolved to constitute India into a sovereign independent republic “or “We, the people of India, having solemnly resolved to constitute India into a Union of Indian Socialist Republic (U.I.S.R)”. H.V. Kamath wanted “having solemnly resoled” to be replaced with “in the name of God”, while Rohini Kumar Chaudhuri wanted these words to be replaced with “in the name of Goddess”. These amendments/suggestions were rejected in the Constituent Assembly. The preamble was added to the Constitution 31 after discussion on its various aspects. Towards the end of the debate with “the Preamble question” of President Rajendra Prasad “That the Preamble stand Part of the Constitution” placed Preamble for vote. The question was often raised if the Preamble is part of the Constitution or not. Two cases gave contradictory reply to this question: One, Berubari case (1966), it ruled that the Preamble to Constitution is not part of the Constitution. Two, Kesavananda Bharati case (1973), reversing the verdict of the Berubari case, the Kesavananda Bharati case ruled that the Preamble is Part of the Constitution. The Kesavananda Bharati case (1973) held that Preamble is part of the Constitution. It reversed the decision of Berubari case (1966), according to which Preamble was not part of the Constitution. It also suggested that Parliament can amend any part of the Constitution provided it did not violate the basic structure of the Constitution. According to Article 368, the Parliament amended the Constitution (42nd Constitutional Amendment) and inserted “Secular”, “Socialist “, and “and Integrity” in the Preamble of the Constitution. The Supreme Court in Bommai case (1994) which was specifically about the President’s power to dismiss government and dissolve legislature (according to Article 356) also dealt with secularism. It held that inter alia Preamble along with the Articles about religious freedom (25-30) is part of the basic structure of the Constitution. The verdict mentioned: “We do not know how the Constitution can be amended so as to remove secularism from the basic structure of the Constitution. Nor do we know that the Constitution does not provide such a course – that it does not provide for its own demise” (All India Reporter 1994, para 243 quoted in Raj (2015)). In the debate on Objectives Resolution (Constituent Assembly Debates Vol.1), the original source of 49 CU IDOL SELF LEARNING MATERIAL (SLM)

Preamble, Nehru had said that it was not going to be part of Constitution. But, as mentioned earlier, before placing the draft Preamble for voting in the Constituent Assembly, President of the constituent Assembly, Dr. Rajendra Prasad, raised question “That the Preamble stand Part of the Constitution”. The Kesavananda Bharati settled this question, and since then the Preamble is part of the Constitution. In 1995, in the LIC of India case also the Supreme Court confirmed that Preamble is part of the Constitution. 2.4.1 “Socialism”, “Secularism” and “and Integrity “in Preamble Initial version of the Preamble did not have “Secularism”, “Socialism” and “and Integrity”. The constitution makers did not feel the importance to include “Secularism” and “Socialism” in the Constitution because different provisions of the Constitution imply that Indian Constitution was secular document and can gain socialism. These concepts were inserted in the Constitution in accordance with the 42nd Constitutional Amendment in 1976. 2.5 SUMMARY • Preamble of Indian Constitution provides a glimpse into the philosophy and goals of the Constitution. It is a resolution of Indian people to establish a sovereign, socialist, secular and democratic republic. • In this republic, people will have justice – social, economic and political; liberty of thought, expression, belief, faith and worship; and equality of status and opportunity; this will promote fraternity among them and assure the dignity of the individual and the unity and integrity of the Nation. • The preamble was written after the Constituent Assembly had written the whole constitution. It emerged from the Objectives Resolution which was introduced by Jawaharlal Nehru on the fifth day of the inaugural session of the Constituent Assembly debates. It was seconded by Purushottam Das Tandon. • The Objectives Resolution was a pledge of the people which they had taken through their representatives in the Constituent Assembly to give themselves a Constitution. And they had fulfilled the pledge by having written the Constitution of India. • The Objectives Resolution was not part of the Constitution, but the Preamble is. It became part of the Constitution after the Kesavanand Bharati judgement of 1973. 50 CU IDOL SELF LEARNING MATERIAL (SLM)