4. HISTORY OF CONSTITUTION:
Prior to the constituent assembly that convened in 1948 to draft the
Indian constitution adopted in 1950 and still in force to date,
the fundamental law of India was mostly embodied in a series of
statutes enacted by the British Parliament. Key among them was the
Government of
India Acts of 1919 and 1935.
Some Key timelines in the 1948 constitutional process are :-
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
26 January 1950 Entry into force of the new constitution.
5. THE MAIN PEOPLE WHO MADE CONSTITUTION ARE:
Alladi
Krishnaswami
Ayyar
N. Gopalaswami
B.R. Ambedkar
K.M Munshi,
Mohammad
Saadulla
B.L. Mitter
D.P. Khaitan.
6. Directive priniciples of state policy:
Directive Principles of State Policy provide essential guide-lines both for the state as well
as the citizens for establishing economic democracy
in India. The Constitution makers in India did not force on the people any particular
economic system but they only tried to suggest a system
which could be most suited to Indian conditions.
With the passing of Forty-Second Constitution Amendment Act, it has been provided that
India shall be a socialist democracy but socialism is not
in the traditional sense but in the sense which suits Indian conditions.
According to our Constitution Directive Principles, as against Fundamental Rights, are not
justifiable in the courts of law. It is for the first
time that a Part of Constitution (Part IV) has been devoted to these Principles. Earlier to
this, the Government of India Act, 1935 also contain
ed an Instrument of Instructions to the Governor-General and the Governors, but these
instructions were for the executive government.
7. Present Directives are however, for the Parliament and state legislatures.
Whereas the Instrument of Instructions had no public opinion behind it
, the Directives have force of public opinion behind them Constitution
makers in India drew their inspiration from the Irish constitution for
incorporating these Directives in the constitution.
There are some other countries of the world which have also incorporated
directive principles in their constitutions. Thus, Constitution of India
is not the first constitution to contain Directive Principles of State Policy.
8. Ideals of preamble
The Preamble of Indian Constitution
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULA
DEMOCRATIC REPUBLIC and to secure to all
its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
In Our Constituent Assembly this twenty-sixth day of November, 1949, do Hereby Adopt, Enact And Give To
Ourselves This Constitution. Components
of Preamble
1. It is indicated by the Preamble that the source of authority of the Constitution lies with the people of India
2. Preamble declares India to be a sovereign, socialist, secular and democratic republic.
3. The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and promote
fraternity to maintain unity and
integrity of the nation.
4. The date is mentioned in the preamble when it was adopted i.e. November 26, 1949.
9. Key Words In The Preamble
1. Sovereign
The term ‘Sovereign’ which is proclaimed by the Preamble 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.
2. Socialist
The term ‘Socialist’ was added in the Preamble by 42nd Amendment, 1976 which means 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.
3. Secular
The term ‘Secular’ was incorporated in the Preamble by 42nd Constitutional Amendment, 1976
which means that all the religions in India get equal
respect, protection and support from the state.
4. Democratic
The term ‘Democratic’ implies 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.
5. Republic
The term ‘Republic’ indicates that the head of the state is elected by the people directly or
indirectly. In India, the President is the head of
the state and he is elected indirectly by the people.
