1. Understanding the Constitution
of India and its Preamble
CA Divakar Vijayasarathy

2. Research Credits
Deepika S
CA Jugal Narendra Gala
2

3. Legends Used
INC Indian National Congress
SC/ST Scheduled Castes/Scheduled Tribes

4. Presentation Schema
4
Introduction
Historical
Background
Constituent
Assembly
Drafting
Committee
Stages of Creation
of Constitution
Preamble
Historical
Background for
Preamble
Purpose of
Preamble
Pillars of
Preamble
Objectives of
Preamble
Doctrine of Basic
Structure of
Constitution
Outline of the
Indian
Constitution

5. 5
Introduction and Historical Background

6. 6
Introduction
▪ A politically organized society is called a State/nation.
▪ Every State has a legal document in place called “The Constitution” which sets out the functionaries of the
State and governs the relationship between the State and the People.
▪ The Constitution of India derives its authority from the People of India (the People adopt the Constitution onto
themselves)
▪ The Constitution of India is a document having special sanctity and it sets out :
The powers and functions of the organs of the
Government of a State.
The relationship between various organs of the
Government.
The relationship between the People and the State

7. 7
Historical Background
To understand the Indian Constitution, it is vital to study the Government of India Act, 1919 and
Government of India Act, 1935 as they were the predecessors to the Constitution of India, 1950.
▪ Passed as a measure of gratitude for India’s role in World War I, the primary purpose of this Act
was to expand native participation in the Government.
▪ According to this Act, legislative councils came into existence in all provinces of the Government.
▪ In other words, the British Government adopted a bicameral (having two chambers) structure
with separate central and provincial Governments.
▪ This was the first time when people could elect their own representatives through
direct elections.
▪ The Constitution later, in 1950, adopted this quasi-federal and bicameral structure.
The Government of India Act, 1919

8. 8
The Government of India Act, 1935
This Act amended the Government of India Act,1919. This Act was adopted in response to
opposition and criticisms from the INC to the Government of India Act, 1919.
The significance of this Act to the Indian Constitution is as follows :
The enactment of this law is one of the most important
events in the history of the Constitution of India.
Firstly, this law divided powers of governance into a Federal
List, a Provincial List and a Concurrent List. Even the Indian
Constitution, later in 1950, adopted such division of powers
between the Central and State governments.
Secondly, this Act granted more autonomy of self-
governance to the provinces. It even established the Federal
Court, which we now refer to as the Supreme Court of India.

9. 9
Constituent Assembly and Drafting Committee

10. 10
Constituent Assembly
In 1946, the British Government decided to examine the possibility of granting
independence to India
As a result, a British Cabinet Mission was dispatched to India to:
Hold discussions with the representatives of British India and the Indian
States in order to agree on the framework for writing a Constitution, and
Set up a constituent body called “the Constituent Assembly” for writing the
Constitution
Following the British Cabinet mission, a Constituent Assembly was indirectly elected by the
provincial legislatures comprising 278 representatives and 15 women
After Independence, the Assembly elected Dr. Rajendra Prasad as its Chairman and began
drafting the Constitution
The Constituent Assembly consisted of various Committees such as the Committee on
Fundamental Rights, Committee on Union power, Minorities Committee etc who were all
tasked with specific agendas
The main Committee was the Drafting Committee and Dr. Bhimrao Ramji Ambedkar was the
Chairman of the Drafting Committee

11. 11
Drafting Committee
The Drafting Committee’s work was paramount as they were tasked with the actual drafting of the
Constitutional provisions.
This Committee scrutinised and revised the draft and submitted it for the consideration of the
Assembly.
After deliberation and debate on each provision, the Constituent Assembly would vote on the
inclusion of the particular provision in the Constitution of India.
The significance of the Constituent Assembly is that the Indian Constitution was a product of
deliberations of the Assembly for over three years from 1946-1950.
The Constituent Assembly members signed the final product of these discussions and debates
i.e. the Constitution of India, on 26th November, 1949 and the Constitution of India came into
force on 26th January, 1950
From thereon, 26th January is perceived as “Republic Day” every year.
On 26th January, 1950 the Constituent Assembly ceased to exist, transforming itself into the Provisional
Parliament of India until a new Parliament was constituted in 1952 via general elections.

12. 12
Stages of Creation of Constitution
Debate Stages Debate Dates Stages of Work
Preliminary Stage 9th December 1946 -
27th Jan 1948
Committees such as the Fundamental Rights
Committee, Union Powers Committee submitted
their reports outline the guiding principles of our
Constitution. The Drafting Committee was
constituted to draft the Constitution.
First Reading 4th November 1948 –
9th November 1948
Drafting Committee published the Draft Constitution
in February 1948. The draft was introduced in the
assembly in November 1948.
Second Reading 15th November 1948 –
17th October 1949
Clause by clause discussion was done in the
Assembly.
Third Reading 14th November 1949 –
26th November 1949
The Assembly finished the third reading and enacted
the Constitution of India on 26th November 1949.
Constitution of India 26th January 1950 Constitution of India comes into force.

13. 13
Preamble: Overview, Historical Background
and Purpose

14. 14
Overview
Preamble is the inaugural note before any document that explains the
intention or the idea behind any document.
The Preamble of any Act sets out the main objectives which the legislation
is intended to achieve.
The Preamble shows the general purpose for several provisions envisaged
in the Constitution.
The Preamble of the Indian Constitution does not grant any power to any
organ of the Government, but merely gives a direction and purpose to the
Constitution.
The significance of the Preamble of the Indian Constitution lies in the
opening phrase ‘We the People’. These words emphasize that ultimately the
powers are vested in the hands of the people of India.

15. 15
Historical Background
The Preamble of the Indian Constitution is primarily based on the ‘Objective Resolution’ written by the
First Prime Minister of India, Pandit Jawaharlal Nehru.
The drafting committee observed that the Preamble must be limited in defining the important
features of the new State and its socio-political objectives and other important matters should be
refined further in the Constitution.
The Preamble proclaims the solemn resolution of the people of India to constitute India into a
‘sovereign socialist secular democratic republic’ nation.
The original draft of the Constitution opened with the words ‘Sovereign Democratic Republic’ in
the first line.
The words ‘Socialist and Secular’ were inserted by the 42nd Constitutional Amendment Act, 1976.
The same amendment contributed to the changes of the words “unity of the nation” into “unity and
integrity of the nation”.

16. 16
Purpose of the Preamble
The Preamble of India serves the following purposes :
It is a prelude to the Constitution
It indicates the source from which the Constitution derives its sanctity viz. from the People of India (past,
present and future people of India)
It defines the nature of the Indian State, which is Sovereign, Socialist, Republic, Secular, and Democratic
It states the objectives of the Constitution of India, which are justice, liberty, equality, and fraternity to
maintain the integrity and unity of the nation as well as the citizens.
It contains the enacting clause which brings into force the Constitution i.e. the date of adoption of the
Constitution being 26th November, 1949.

17. 17
Preamble: Text and its Pillars

18. 18
Text of the Preamble
“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith, and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this 26th day of November 1949, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”

19. 19
Sovereign
The term ‘Sovereign’ means supreme or independence.
In legal parlance, ‘Sovereign’ means the independent authority of the
State.
It means the State has control over every subject(i.e. Internal
Sovereignty) and no other authority or external power has control
over it (i.e. External Sovereignty)
India is both internally and externally sovereign i.e. India is an
independent State and is neither dependent on any other nation.
Hong Kong, Bermuda are examples of States which are non-
sovereign

20. 20
Socialist
Even though the original Preamble did not contain the term ‘Socialism’, the Constitution had a socialist
content in the form of certain Directive Principles of State Policy* which act as legislative guidelines for the
states, for example: Equal distribution of wealth and resources among the people.
Essentially, Socialism embodies the concept that since wealth is generated socially, wealth should be
shared equally by society through distributive justice, and not concentrated in the hands of few.
The term Socialism additionally means that the Government should regulate the ownership of land and
industry so as to reduce socio-economic inequalities.
China, Cuba, Laos, Vietnam are examples of countries which are not socialist and communist
* Provides guidelines to the Central and State Government to frame laws

21. 21
Secular
Even though the term ‘secular’ was not present in the original Preamble, the Constitution-makers
wanted to establish a secular State because of the presence of Articles 25 to 28 guaranteeing the
fundamental rights to freedom of religion.
The term ‘Secular’ was added to the Preamble by the 42nd Constitutional Amendment Act of 1976.
The term secular means that the State has no official religion and that the citizens have their own view
of life and can choose their religion as they prefer.
A secular State provides full freedom to the people to practice any religion of their choice.
A secular State treats all religions equally, with equal respect and can not discriminate between them.
Non-secular States have a prescribed State Religion that the particular State bears faith too. For
example, Sri Lanka is a non-secular State with Buddhism as its State religion. Similarly, Pakistan,
Afghanistan, Bangladesh, Iraq have Islam as their State Religion.

22. 22
Democratic
The term ‘Democratic’ is derived from the Greek words where
‘demos’ means ‘people’ and ‘Kratos’ means ‘authority’ i.e. a
Government formed by the people
Democracy is based on the doctrine of popular sovereignty, i.e.
possession of supreme power by the people.
India is a democratic State as the people elect their government at
all levels viz. union, state, and local or ground level.
India follows the system of Universal Adult Sufferage which means
that every citizen above the age of 18 years has the right to vote
irrespective of their caste, creed or gender.
Few of the non-democratic nations are Saudi Arabia, Vietnam,
Libya, Jordan, etc.

23. 23
Republic
The term ‘Republic’ is obtained from the Latin phrase ‘res publica’ that
means public property or commonwealth.
It means that the power to elect the head of the State for a fixed term
lies within the people.
The word ‘republic’ reflects a Government where the head of State is
elected by the people rather than any election through birthright.
India has a republic form of Government as the head of State is elected
and not a hereditary monarch like a king or queen.
Saudi Arabia, Vietnam, Libya, Jordan, etc. have an absolute hereditary
monarchy.

24. 24
Objectives of the Preamble

25. 25
Overview
▪ The Constitution is the supreme law and it helps to maintain integrity in the society and to
promote unity among the citizens, to build a great nation.
▪ The factors which help in achieving this objective are:
JUSTICE - social, economic and political
LIBERTY of thought, expression, belief, faith, and
worship
EQUALITY of status and of opportunity
FRATERNITY assuring the dignity of the individual
and the unity and integrity of the Nation

26. 26
Justice
▪ Justice among the citizens is necessary to maintain order in society. The term ‘Justice’ comprises
of three elements - social, economic, and political.
▪ The appropriate provisions of the Constitution for achieving the aforementioned elements of
Justice has been set out in the various articles viz. Article 14 (Right to Equality), Article 15
(Prohibition of Discrimination), Article 17 (Abolition of untouchability achieve Social Justice)
Social
Justice
• Social justice means that the Constitution intends to create a society without discrimination
on any grounds like caste, creed, gender, religion, etc. where people have equal social status.
Economic
Justice
• Economic Justice states that no discrimination can be caused by people on the basis of their
wealth, income, and economic status. It means wealth must be distributed on the basis of
their work, not on account of any other reason.
Political
Justice
• Political Justice implies that all the people have an equal, free and fair right without any
discrimination to participate in political opportunities.

27. 27
Liberty
The term ‘Liberty’ means freedom for the people to choose their way of life, have
political views and behavior in society.
It means no unreasonable restrictions can be imposed on the citizens in terms of
their thoughts, feelings, and views.
The relevant provisions of the Constitution for guaranteeing Liberty has been set out
in the Fundamental Rights, specifically in Article 19 (Right to Freedom), Article 21
(Right to Life), Article 25-28 (Right to Religion).

28. 28
Equality
Equality means the absence of
discrimination against any section
of the society.
The Preamble provides for equality
of status – i.e. no section of the
society enjoys special privileges.
The Preamble additionally provides
for equality of opportunity -
individuals are provided with
adequate opportunities without any
discrimination, i.e. all are equal
before the land of law.
The necessary provisions of the Constitution for
achieving Equality has been set out in the Article
14(Right to Equality), Article 15(Prohibition of
Discrimination) and Article 16 (Equality of
opportunity in matters of public employment)

29. 29
Fraternity
The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment with the country and all the
people.
Dignity of the individuals is to be maintained for the promotion of fraternity.
The Preamble of the Constitution of India assures the dignity of each and every individual.
This dignity is assured by securing to each individual equal fundamental rights and at the same time, by laying down
a number of directives for the State to direct its policies towards, inter alia, securing to all citizens, men and women
equally, the right to an adequate means of livelihood, just and humane conditions of work, a decent standard of life
Fraternity helps to promote dignity and unity in the nation.
The relevant provisions of the Constitution for assuring Fraternity has been set out in the Article 21(Right to Life
and Personal Liberty), Article 38(Promotion of Welfare of the people by securing Social Order), and all relevant
provisions of the Directive Principles of State Policy.

30. 30
Outline of the Constitution

31. Doctrine of Basic Structure
▪ The Honourable Supreme Court held that though Parliament has the power to amend the entire
Constitution, it is subject to the condition that they cannot interfere with the features so
fundamental to this Constitution that, without them, it would be spiritless.
▪ The list of what constitutes basic structure is not exhaustive & it has been left to the courts to
determine these fundamental elements.
▪ It is upon the courts to see that a particular amendment violates basic structure or not. This
question has to be considered in each case in the context of an issue.
31
Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461
The above judgment listed the following basic structures of the Indian
Constitution, which are evident in its Preamble and various articles:
Supremacy
of the
Constitution
Unity and
sovereignty
of India
Democratic and
republican form
of government
Federal
character of
the
Constitution
Secular
character of
the
Constitution
Separation
of power
Rule of
law
Judicial
review
Free and
fair
elections
The aforesaid doctrine of basic structure has been upheld by Honourable Supreme Court in State of
NCT Delhi v. Union of India, (2018) 8 SCC 501 and I.R.Cohelo v. State of TN, (2007) 2 SCC 1

32. 32
Preamble and Articles
Articles 1-4 The Union and Its Territories
Articles 5-11 Citizenship
Articles 12- 35 Fundamental Rights
Articles 36-51 Directive Principles of State Policy
Article 51A Fundamental Duties
Articles 52-151 Union Executive(President), Union
Legislature(Parliament), Union Judiciary
(Supreme Court
Articles 152-238 State Executive(Governor), State
Legislature(Legislative Assembly), State
Judiciary(High Court)
Articles 239-244A Union Territories, Panchayats, Municipalities,
Co-Operative Societies, Scheduled and Tribal
Areas
I. PREAMBLE
II. ARTICLES

33. 33
Contd.
Articles 245-263 Relations between the Union and the States
Articles 264-307 Trade, Finance, Commerce, Property,
Contracts
Articles 308-323A&B Public Service Commissions and Tribunals
Articles 324-329 Elections
Articles330-342 Special Provisions relating to certain classes –
SC/ST
Articles 343-351 Official Language
Articles 352-360 Emergency Provisions
Articles 361-367 Miscellaneous
Article 368 Amendment of the Constitution
Articles 369-392 Temporary, Transitional and Special
Provisions

34. 34
III. Schedules to the Constitution
Schedule I The States and the Union Territories
Schedule II Provisions as to the President and the Governor of
the States
Provisions as to the Speaker of the House of
People, Chairman of the Council of States, Speaker
and Deputy Speaker of the Legislative Assembly
Provisions as to the Judges of High Court and
Supreme Court
Provisions as to the Comptroller and Auditor-
General of India
Schedule III Forms of Oaths and Affirmations
Schedule IV Allocation of seats in the Council of States
Schedule V Provisions as to the Administration of the
Scheduled Areas and Scheduled Tribes

35. 35
Contd.
Schedule VI Provisions as to the Administration of Tribal
Areas in the States of Assam, Meghalaya,
Tripura, and Mizoram
Schedule VII Union List, State List and Concurrent List
Schedule VIII Languages
Schedule IX Validation of certain Acts and Regulations
Schedule X Provisions as to the disqualification on the
ground of defection
Schedule XI Matters in respect of which schemes for
economic development and social justice are
to be implemented by Panchayats
Schedule XII Matters in respect of which Municipalities
have been endowed powers and authority

36. Thank You!
36
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