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India@75: How Preamble to the Constitution was adopted, its origins, what it means
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  • India@75: How Preamble to the Constitution was adopted, its origins, what it means

India@75: How Preamble to the Constitution was adopted, its origins, what it means

FP Explainers • August 12, 2022, 15:42:35 IST
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The Preamble to the Constitution is an introductory statement that explains the Constitution’s guiding purpose, principles and philosophy. It also indicates the source from which the Constitution derives its authority

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India@75: How Preamble to the Constitution was adopted, its origins, what it means

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 -  Preamble to the Constitution  

The Preamble to the Constitution was adopted by the Constituent Assembly on 26 November, 1949. In 1949, the Preamble declared India a “Sovereign Democratic Republic”. By 1976, the words “Socialist” and “Secular” were inserted at time of Emergency – thus now reading as: “Sovereign Socialist Secular Democratic Republic”. The term “unity of the nation” was also changed to “unity and integrity of the nation”. It came into effect, along with the Constitution, on 26th January, 1950. But what is it? What are its origins? How was it adopted? Let’s take a closer look: What is it? The Preamble to the Constitution is an introductory statement that explains the Constitution’s guiding purpose, principles and philosophy. As per Live Law, “The fact that it was adopted by the Constituent Assembly after the Draft Constitution was approved supports this proposition that it expresses goals and philosophy of the Constitution.” Apart from stating the objects which the Constitution seeks to achieve, it also indicates the source from which the Constitution derives its authority, as per Live Law. Although it is unenforceable in court, the Preamble states the objects of the Constitution, and acts as an aid during the interpretation of Articles when language is found ambiguous. Origins The Preamble is based on the Objective Resolution drafted by Jawaharlal Nehru in 1946. Nehru introduced this Objective Resolution on 13 December, 1946, and was adopted by the Constituent Assembly on 22 January, 1947, as per Legal Services India. [caption id=“attachment_9687881” align=“alignnone” width=“640”] ![File image of India's first prime minister Jawaharlal Nehru. Wikimedia Commons](https://images.firstpost.com/wp-content/uploads/2021/06/NEHRU-getty-640.jpg) File image of India’s first prime minister Jawaharlal Nehru. Wikimedia Commons[/caption] The Preamble was initially drafted by B N Rau in his memorandum of 30 May, 1947, and was later reproduced in the Draft of 7 October, 1947. The Preamble was reformulated based on deliberations by the Constituent Assembly. The Preamble to the Constitution recognises the rights to “liberty of thought, expression, belief, faith and worship” and “equality of status and of opportunity” as essential for free existence to every member of society, as per Live Law. How was it adopted? It was taken up for discussion by the Constituent Assembly  on 17 October, 1949. As Indian Express notes, Hasrat Mohani proposed that India be made “a Union of Indian Socialistic Republics to be called UISR, on the lines of USSR” rather than a “a Sovereign Democratic Republic”, This was objected to by Deshbandhu Gupta, who contended that “it is out of order because it goes counter to the Constitution we have passed”. Mohani said he had not said “we should go and merge in the USSR or that you should adopt the same Constitution; but what I want to say is that we should work out our Constitution along the lines and on the pattern of Soviet Russia. It is a special pattern and also republican pattern and also it is of a centrifugal pattern”. As VIF India notes: “There were a slew of other amendments moved, discussed and negatived, or sought to be moved by various members. The point is: The Preamble to the Constitution of India was finalised only pursuant to deep discussions. Every word of it was debated at length.” What do the words mean? As per Live Law, the words “We the People of India….adopt, enact and give to ourselves this Constitution” declare that the Constitution emanates from the people of India and that the Constitution rests on solely their authority. The use of this phrase is deliberate in order to sufficiently clarify that the Constitution of India, unlike previous legislations governing the country, were not a product of the British Parliament, as per the report. Live Law quoted Durga Das Basu writing in his commentary on the Constitution of India: “It (Constitution) is ordained by the people of India through their representatives assembled in a sovereign Constituent Assembly which was competent to determine the political future of the manner in any kind.” As per Legal Services India, the term ‘Sovereign’ means that India has its own independent authority and it is not a dominion of any other external power. In the country, the legislature has the power to make laws which is subjected to certain limitations. The term ‘Socialist’ refers to the achievement of socialist ends through democratic means. It is basically a ‘Democratic Socialism’ that holds faith in a mixed economy where both private and public sectors co-exist side by side. ‘Secular’ refers to all religions in India being afforded equal respect, protection and by from the state. ‘Democratic’ means that the Constitution of India has an established form of Constitution which gets its authority from the will of the people expressed in an election. The term ‘Republic’ means that the head of the state – that is the president – is elected by the people directly or indirectly, as per the report. “Liberty”, “equality”, and “fraternity” were also been made ideals – which BR Ambedkar addressed in his concluding speech in the Constituent Assembly by saying: “Political democracy cannot last unless there lies at the base of it social democracy. What does democracy mean? It means a way of life which recognises liberty, equality and fraternity which are not to be treated as separate items in a trinity. They form a union of trinity in the sense that to divorce one from the other is to defeat the very purpose of democracy. Liberty cannot be divorced from equality, equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity.” With inputs from agencies Read all the  Latest News ,  Trending News ,  Cricket News ,  Bollywood News , India News  and  Entertainment News  here. 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