1

Value Addition
NOTES
Political Science and International Relations

MAKING OF THE INDIAN CONSTITUTION

 MAKING OF THE INDIAN CONSTITUTION

Historical Backdrop and Ideological Foundation

The making of the Indian Constitution unfolded in an atmosphere of extraordinary historical

tension, where the very survival of the postcolonial state was uncertain. The Constituent Assembly
met in December 1946 against the backdrop of Partition, communal riots, and one of the world’s
largest population displacements, with nearly 14 million refugees crossing borders.

Simultaneously, the new state faced the complex task of integrating 562 princely states, each
possessing varying degrees of sovereignty.

Scholars like A.G. Noorani note that India resembled a “subcontinent of fragmented sovereignties,”
making political consolidation imperative.

Internally, India inherited a deeply stratified caste order, which Ambedkar famously described as
“graded inequality.” Colonial rule had further entrenched economic stagnation, administrative
centralisation, and mass poverty, leaving behind an illiterate population and a fractured economy.
Added to this was enormous ethno-linguistic and religious diversity, which, as Paul Brass argues,
carried risks of “competing nationalisms.”

In this context, the Constitution was conceived not merely as a legal document, but as a
nation-building project. Granville Austin characterises it as a “seamless web of national unity and
social revolution,” capturing the dual objective of political integration and social transformation.
Rajendra Prasad described the Constitution as the instrument to “give India a new soul,” reflecting
the emotional and civilisational significance attached to this founding moment.

The ideological foundations of the Constitution were equally rich. Ambedkar, drawing on Buddhist
egalitarianism and John Dewey’s pragmatism, envisioned the Constitution as a blueprint for a
society rooted in liberty, equality, and fraternity. The Assembly’s commitment to universal adult
franchise, fundamental rights, and socio-economic justice reflected both modern constitutionalism
and the aspirations of anti-colonial nationalism.

Thus, the Constitution emerged from a convergence of historical urgency, philosophical depth,
comparative learning, and mass democratic expectations, making it a transformative charter for the
newly independent Indian state.

Unity and Integrity: The Supreme Priority of the Framers

Ensuring the unity and integrity of India was the foremost priority of the Constitution makers,
shaped by the volatile context of Partition, widespread communal killings, and the unprecedented
displacement of millions.

The Constituent Assembly operated under an acute fear of Balkanisation, as more than 562 princely
states possessed the legal option to remain independent.

Scholars like A.G. Noorani emphasise that India in 1947 resembled a “subcontinent of competing
sovereignties,” making territorial consolidation a foundational imperative. Added to this were
concerns over linguistic nationalism, communal polarisation, and external threats from Pakistan
and China. It is in this context that Jawaharlal Nehru declared that constitution-making was, above
all, an act of “nation-making.”

To counter fragmentation, the framers—particularly Sardar Patel, backed by Nehru, Ambedkar, and
Alladi Krishnaswami Ayyar—crafted a Union far stronger than classical federations like the US or
Canada. Key instruments included:

●​ A strong Centre with overriding powers,

●​ Single citizenship fostering civic nationalism,

●​ Residuary powers vested in the Union (Art. 248),

●​ A robust emergency regime (Arts. 352–360),

●​ All-India Services to ensure administrative continuity,

●​ An integrated judiciary providing uniform constitutional interpretation.

Ivor Jennings aptly described India’s model as “a federation with a centralising bias,” suited for a
fragile, post-conflict state.

Ambedkar’s warning against embracing “the grammar of anarchy” underscored his belief that a
strong constitutional structure was essential to prevent political disintegration. Consequently, unity
and integrity emerged as the Constitution’s meta-principle, shaping its federal, administrative, and
emergency frameworks.

Confronting Social Inequalities: The Project of Social Democracy

The Constituent Assembly recognised that India inherited a deeply hierarchical and unequal social
order, marked by caste-based graded inequality—a term used by B.R. Ambedkar to describe the
unique rigidity of the Hindu social structure. Untouchability, patriarchal norms, entrenched
landlordism, widespread illiteracy (84% in 1947), and poverty born of colonial extraction created
what Gunnar Myrdal termed a “soft state”—incapable of enforcing egalitarian ideals without
structural reform.

Ambedkar, intellectually shaped by John Dewey’s democratic ethics, argued that democracy was not
merely a constitutional mechanism but a “mode of associated living” grounded in liberty, equality,
and rationality. Drawing on Henry Maine’s thesis of the transition from status to contract, he
asserted that India must move away from birth-based hierarchies toward choice-based social
relations.

To achieve this transformation, the Constitution became an instrument of social engineering.

●​ Fundamental Rights (Arts. 14–18) institutionalised equality, outlawed untouchability, and

dismantled legal discrimination.

●​ Affirmative action (Arts. 15(4), 16(4)) provided representation to historically marginalised

groups.
 ●​ Directive Principles established the foundations of a welfare state through commitments to
education, health, fair wages, and land reforms.

●​ Protective discrimination ensured safeguards for SCs, STs, and backward classes.

Granville Austin calls this the Constitution’s mission of “social revolution,” reflecting an attempt to
democratise a society marked by centuries of structural oppression.

Forging a Civic National Identity Amid Diversity

India’s diversity—encompassing 1,600 languages, hundreds of castes, multiple religions, and

distinct tribal communities—posed a unique challenge to the framers.

Paul Brass notes that India’s pluralism carried the risk of “multiple competing nationalisms,” while
Benedict Anderson’s idea of nations as “imagined communities” underscores the need for a unifying
framework beyond ethnic or linguistic identity. The Constituent Assembly therefore sought to
construct a civic national identity rooted not in homogeneity but in shared constitutional values.

Philosophically, this vision drew from Ernest Renan’s notion of nationhood as a “daily plebiscite,”
emphasising voluntary unity; Ambedkar’s principle of constitutional fraternity, which he considered
the moral basis of democracy; Tagore’s universal humanism, advocating harmony among cultures;
and Gandhi’s inclusive nationalism, which rejected majoritarianism. Together, these ideas shaped a
model of pluralist nationalism.

To institutionalise this inclusive identity, the Constitution incorporated robust mechanisms:

●​ Minority rights (Arts. 29–30) ensuring cultural and educational autonomy,

●​ Linguistic protections through the Eighth Schedule,

●​ Asymmetric federalism (Art. 371; Sixth Schedule) for tribal and frontier areas,

●​ A pragmatic language compromise—Hindi as official language with English as associate,

●​ Secularism and freedom of religion (Arts. 25–28),

●​ Recognition of tribal distinctiveness through self-governing councils.

Through these provisions, India became a model of plural constitutional nationalism, integrating
immense diversity within a shared democratic and constitutional framework.

Constitution as an Instrument of Social Revolution

The framers conceived the Indian Constitution as a powerful instrument of social revolution,
intended to transform a society marked by caste hierarchies, patriarchy, and feudal land relations.

Granville Austin characterises this ambition as the Constitution’s project of “social revolution
through a democratic framework.” Universal adult franchise, extended to nearly 200 million people
at independence, was one of the world’s most radical democratic experiments, giving political agency
to the historically marginalised.
The Constitution sought to dismantle zamindari, promote land reforms, abolish untouchability,
ensure gender equality, and secure dignity for all citizens—reflecting Ambedkar’s vision of
transitioning from a society of “graded inequality” to one based on liberty, equality, and fraternity.

The theoretical foundation of this transformation aligns with Karl Renner and Hermann Heller’s
concept of the social state, where law becomes an instrument for redistributing power and
opportunity.

It also anticipates Amartya Sen’s capability approach, which argues that genuine freedom requires
expanding people’s real opportunities—an idea embedded in the Directive Principles on education,
health, living wages, and social security. By embedding substantive equality, not merely formal
parity, in provisions such as affirmative action and socio-economic rights, the Constitution sought to
democratise social structures peacefully.

Thus, as Austin notes, the Constitution attempted a “non-violent social revolution”—transforming

entrenched inequalities through democratic institutions rather than coercive upheaval.

Objective Resolution: The Ideological Core of the Indian Constitution

The Objective Resolution, moved by Jawaharlal Nehru on 13 December 1946, served as the
philosophical charter that guided India’s constitution-making. It marked a decisive shift from imperial
sovereignty to popular sovereignty, declaring that all authority would derive from the people—an
idea resonating with Rousseau’s general will and Lincoln’s democratic creed (“government of the
people…”).

The Resolution envisioned a political order grounded in justice—social, economic, and political,
equality of status and opportunity, and liberty of thought, expression, belief, faith and worship. By
recognising minority rights, tribal autonomy, and a cooperative federal structure, it embedded India’s
civilisational ethos of pluralism, closer to Ashokan dharma, Gandhian sarvodaya, and Nehruvian
secularism.

It also emphasised global peace, anti-colonial solidarity, and international cooperation, anticipating
India’s later foreign policy doctrines—from Panchsheel to NAM—and reflecting the civilisational idea
of Vasudhaiva Kutumbakam. Scholars argue that this outward-looking orientation showed India’s
aspiration to play the role of a “norm entrepreneur” in world politics (Amitav Acharya).

Scholarly Interpretations

●​ Granville Austin termed it the “ideological blueprint” articulating the Constitution’s core
principles—democracy, secularism, and social revolution.

●​ Upendra Baxi viewed it as “normative constitution-making,” a moment where India chose a

transformative constitutionalism rooted in welfare and justice.

●​ Rajeev Bhargava interprets it through the lens of “principled distance”, arguing that its
secular spirit ensured dignity and equal concern for all communities.
 ●​ Zoya Hasan considers it a foundational step toward India’s “accommodative state”, balancing
unity with diversity.

●​ Sudipta Kaviraj highlights that it marked the transition from colonial subjecthood to
democratic citizenship.

Ideological and Theoretical Dimensions

●​ Liberalism: Liberty, equality, and rights reflect classical liberal influences.

●​ Socialism (incipient): Commitment to social and economic justice laid the groundwork for
later Directive Principles and the welfare state.

●​ Republicanism: Popular sovereignty and civic equality shaped republican character.

●​ Federalism: Its call for a “Union of territories” balanced national integrity with regional
autonomy—anticipating later debates on asymmetrical federalism.

●​ Secularism: Reaffirmed non-theocratic statehood, later embodied in the Preamble and

fundamental rights.

The Objective Resolution became the philosophical DNA of the Constitution—later crystallising into
the Preamble. Nehru called it a “declaration, a pledge, an undertaking—the horoscope of a sovereign
democratic republic.” It remains India’s enduring moral compass, shaping democratic citizenship,
pluralistic statecraft, and its role as a responsible global actor.

Making of the Indian Constitution (Legacy of the British Rule)

Legacy of the British Rule

India represents a classic case of a country which still reflects its colonial past. India’s colonial past
can be seen in all walks of India’s life. This impact is all pervasive on the Indian Economy, Indian
Political System, Indian society and also on India’s Foreign Policy.

Colonial legacy in Political System

❖ It is argued that India adopted more than 75 percent of provisions of the Government of India
Act 1935. There is a visible legacy of colonial rule in India’s political system which are following:

➢ India adopted a parliamentary form of government and federalism simultaneously. Whereas in

classic parliamentary form of government like the one in Britain, the Prime Minister along with his
cabinet enjoys central position and in federalism, Presidential form of government is more suitable
like that in the U.S.

➢ In India’s Parliamentary form of government, the Lower House is more powerful than the Upper
House whereas in a federal set up, the upper house is more powerful than lower house e.g., Senate
is more powerful in the U.S than the House of Representatives.
➢ India’s civil bureaucracy is another colonial legacy which is called the “steel frame of India”.

❖ According to former Prime Minister, Dr. Manmohan Singh, British rule in India gives so many
things to India. This legacy is still visible in India in the form of –​
➢ India’s civil bureaucracy​
➢ India’s parliamentary form of government​
➢ Rule of law etc.

❖ British rule in India introduced a representative form of government in India. However, this was
not truly a democratic system on account of limited voting rights or limited franchise, on the basis of
educational qualification, property, etc. and nominated Indian members. Nevertheless, Indians got
to know about the working of democratic institutions which finally paved the way for democracy
becoming successful after independence.

❖ The British system of Divide and Rule can also be seen in India’s political system before
independence in the form of a separate electorate which India did not continue after independence
and rather granted reservation to its people.

❖ Therefore, we can see that colonial legacy has helped in shaping major political institutions and
their functioning in India. In fact, India rejected regressive features of British rule, but India
continued with progressive features of British rule. India also modified some of the features and
adopted it under India’s Constitution. For example, a separate electorate granted by the British gave
way to a system of reservation incorporated under the Indian constitution.

Colonial impact on Social System

❖ Colonial rule or colonial legacy can also be seen in India’s social system. This colonial legacy can
be seen not only in social relations but also in the educational sphere. British colonial rule impacted
Indians in both positive and negative sense of the term. The positive impact of British rule can be
seen in the one hundred years of social reforms that started with abolition of Sati and culminated
with Sharda Act under which the marriageable age of Indian girls was raised (this act was named
after the great social reformer - Har Vilas Sarda).

❖ Colonial rule can be also seen in the educational sphere. The British introduced a modern system
of education in India. The British introduced Modern Education - modern arithmetic, science etc.

❖ The British system of education of India neglected Education for masses. The purpose of
introducing the modern educational system was not to make Indians educated; rather, the British
wanted to create a class of Indians which will be “Indians only in colour and British in taste”. The
British believed that this class of Indians will remain connected to British rule, and they will owe their
allegiance to the British for decades to come.

❖ Through their Educational system they wanted to create a clerical class to serve the British. They
made no attempt to develop the scientific temper of students.

❖ In fact, the British scheme of education was not meant for masses which resulted in mass
illiteracy in India and even this system of education was heavily skewed in favour of males, which
resulted in gender disparities.
British policy of Divide and Rule

❖ Divided Indian people on multiple lines and communalism was deliberately promoted. According
to Bipin Chandra, the rise of communalism in India can be directly attributed to British rule. After
India’s independence, India made serious attempts to reconcile the interests of various communities.
India’s constitution adopted the ideals of secularism. India also gave rights to minorities and made
systematic attempts to reconcile the interests of various communities.

❖ Therefore, it can be said that the positive impact of British rule was continued but negative
impacts were discontinued. After independence India embarked on a path of modernization. P.
Nehru in his epochal speech "Tryst with destiny” talked about awakening of India, and since then
India has made remarkable progress.

Legacy of the British Rule (Different Social and Political Perspective)

Impact of colonial legacy on Economy system

●​ Impact of colonial legacy can be seen on India’s economy, India’s agriculture and Local
handicraft’s Industry.
●​ During the Colonial period, the Indian economy was completely subordinated to the British
Economy. India became a classic colony to source raw materials and foodstuffs at cheap prices
and a market for British Machine-Made Goods.
●​ This system of exploitation completely destroyed the Indian economy to the extent that India
was turned into a dead house of famine, malnutrition, hunger, poverty and death.
●​ At the time of the advent of the British, both India and China used to account for almost half of
the global trade but at the time of India’s independence, the Indian economy was growing at the
rate of barely 1% and population was growing at the rate of 2.8%. So, it was a virtually
Non-Existent Economy at the time of India’s independence and the Indian economy completely
collapsed.
●​ It is argued by British scholars that roughly 200 years of British rule helped India’s economic
integration with the World Capitalist System but India’s relationship with the world and specially
Britain was not based on the principle of mutual reciprocity. It was one of the reasons, that,
after independence, when India became a leader of third world countries, following demands
were made before colonial powers:

1.​ Demand for a New International Economic Order that is an equitable distribution of
economic resources of the world.

2.​ Revaluation of the prices of raw materials

Impact of colonial legacy on agriculture and handicraft

●​ During the British period, India witnessed complete devastation of India’s Local Industries, so
much so that, Indian agriculture went into a State of depression and India’s local industry
specially handicraft were completely destroyed. Moreover, self sufficiency of Indian villages was
destroyed forever due to the New Land Revenue Policy adopted by the British, which caused
havoc in rural India, it brought deadly famines and also created New Social Relationships in rural
India.
●​ British land revenue policies created a New Class of Money-lenders and Zamindars, leading to
impoverishment of Indian peasantry. Peasants became landless labourers with each passing
year and India became classic land of famine which started witnessing frequent famines, which
was almost unknown to Indians before the British. With each passing year, the ferocity of
famines kept on increasing and there was no-one to look after India agriculture. It became an
orphan leading to agricultural depression.

Impact on Handicrafts Industry

Impact of British rule can also be seen in India’s handicrafts industry, which was destroyed by the
British systematically. Handicraft workers lost the patronage of Indian royalties and nobles leading
to their skills rendered useless. Hence, handicrafts men were forced to migrate to rural areas
thereby putting tremendous amount of pressure on Indian agriculture which was already passing
through a State of depression.

Concluding remarks

After India’s independence, India took necessary measures for ensuring Economic Growth. India
adopted a centralised planning system to achieve Balanced Development. Economic reforms
adopted by India in 1991 has further transformed India to a great extent. Today, India is considered
one of the leading emerging economies of the world and experts are of the view that the Indian
economy has got the potential to become one of the leading economies of the world in the coming
decades.

Impact of colonial rule on Foreign Policy

●​ Since the time of Lord Dalhousie, British India was nursing the desire to become the Centre of
Gravity in International Politics. Dalhousie‘s ambition to create a pan-Asiatic empire, was taken
forward by subsequent Governor Generals and final seal of approval of this ambition was given
during times of Lord Curzon. During British rule, India’s foreign policy remained bold and
confident.
●​ India continued with this legacy even after India’s independence when India became a leader of
third world countries, which gave India visibility in Global Politics.
●​ According to strategic experts like Brahma Chelani, India’s foreign policy has become very
confident and bold in recent times. This boldness of India’s foreign policy is reflected in various
decisions like nuclear test 1998, revoking special status of Jammu and Kashmir given under
Article 370, bifurcating Kashmir into two Union Territories, and also in Russia-Ukraine war. He
believes that India’s foreign policy has adopted Ultra-realist posture in recent times.

Indian constitution is different from other Constitutions of world like:

1. American Constitution

❖ The American constitution is the result of the Political Revolution, and it is fundamentally
different from the Indian constitution. Indian constitution is result of debates, discussions and
deliberations among different ideological shades which were present in India’s Constituent
Assembly.

2. British Constitution

❖ The British Constitution is also fundamentally different from the Indian Constitution. The British
Constitution is the result of evolution of hundreds of years, starting from the “Treaty of Magna
Carta” till present time.

❖ The Indian Constitution is the result of deep deliberations of the Constituent Assembly which was
responsible for not only enacting India’s Constitution but also how to achieve Economic Revolution,
Social Revolution and Political Revolution.

❖ Framing of the Indian Constitution was a difficult task because of the presence of people
belonging to different Ideological Schools of Thought. People belonging to different schools
influenced the Indian Constitution greatly. Those different ideological and intellectual shades were
following:​
➢ Presence of Gandhian School and Modernist.​
➢ Presence of Liberals and Socialists.​
➢ Debate for Strong Centre Vs Strong State​
➢ Parliamentary form of government vs Presidential form of government​
➢ Fundamental Rights Vs Directive Principles of State Policy​
➢ Separate electorate Vs Reservation

❖ According to Granville Austin, three revolutions were simultaneously happening in India:​

➢ Political Revolution​
➢ Economic Revolution​
➢ Social Revolution

❖ According to him, the Political Revolution has already ended with India’s Independence. Economic
revolution will happen when India will adopt a modern economy but social revolution is the most
important revolution, which India is trying to achieve. The purpose of social revolution is to make
India a modern society. It means abolition of status, ending discrimination, ending untouchability
and giving social equality to a large section of Indian society.

❖ According to B. R. Ambedkar, social liberty is most important for people. According to him,
whatever forms of liberty has been given to you will be of no avail or no meaning to you, it was this
social revolution which will take India out of medievalism and make India a modern society.

Different Social and Political Perspectives

1. Gandhians Vs Modernists

❖ Gandhi wanted:​
➢ Introduction of Panchayati Raj Institution.​
➢ Decentralisation of Power.​
➢ Ensuring Gram Swaraj.​
➢ Central position should be given to Villages in India’s future development.
❖ Gandhian Model in Constituent Assembly was proposed by S.N Aggarwal who drafted the
Gandhian Constitution and made village panchayat as primary political unit.

❖ According to him, members of the panchayat will be elected by adults of villages. Panchayats will
supervise cooperative farming, irrigation, khadi and village industries. This Gandhian Constitution
was contested by modernists present in the Constituent Assembly and most prominent of
modernists were Nehru, Patel and Ambedkar who contested the Gandhian Constitution. Ultimately,
the Gandhian proposal was accommodated under the Directive Principles of State Policies of the
Indian constitution.

2. Liberalism Vs Socialism

❖ In the constituent assembly there was a strong presence of both the schools and both liberal and
socialist groups were very strong. There was a disagreement with respect to the mechanism to be
adopted to achieve socialistic goals.

❖ There were the presence of different brands of socialism in the Constituent Assembly, ranging
from Marxism to Gandhian model to Fabian Socialism. Most of the Constituent Assembly members
were Fabian socialist and the most prominent one was Pt. Nehru.

❖ In the context of India, the ultimate goal of socialism, that is, how to bring equality was
important. But different groups differed on the method to be adopted for achieving the goals of
socialism. Hence, a compromise was made and India adopted democratic socialism - It means the
goals of socialism were to be achieved through democratic means. For this purpose Article 39 clause
(b) & (c) were incorporated under the Constitution of India.

❖ Article 39(b) says, State shall try to ensure equitable distribution of resources among people,
Article 39(c) says, State shall endeavour to prevent concentration of wealth into few hands. These
are the most important socialistic ideals provided under the Constitution (Details will be discussed in
Preamble Chapter).

Making of Indian Constitution (Different Social and Political Perspective: Part-2)

Various Social and Political Perspective

3. Parliamentary Form of Government Vs Presidential Form of Government

●​ There were strong currents in the Constituent Assembly in favour of both Parliamentary and
Presidential form of government because the Presidential form of Government is more suitable
to a federal set up. In a classic federal set up like the USA, the Presidential Form of Government
is more suitable.
●​ In the Constituent Assembly, people like K.M Panikkar favoured Parliamentary form of
government whereas people like Krishna Swami Iyer favoured Presidential form of government.
However, given the experience of India with Parliamentary Form of government, Pt. Nehru
favoured adoption of Parliamentary Form of government.
●​ Indians were known to the working of Parliamentary form of Government since Indian Councils
Act, 1861 (although Indians were nominated by British for the management of Administration).
●​ Since Morley-Minto reforms 1909, Indians had first-hand experience of Parliamentary form of
Government that is why Parliamentary form of government was adopted in Indian context.

Separate Electorate Vs Reservation

Leaders like Pt. Nehru were not in favour of adoption of a separate electorate in independent India
because they were of the view that any arrangement like separate electorate will create the
condition for partition of India in future. Since India had already witnessed a painful partition, that
is why, the proposal for separate electorate was rejected and reservation was granted to the
vulnerable section of society like Scheduled Castes and Scheduled Tribes.

Debate between Strong Centre Vs Strong State

●​ Some members of the Constituent Assembly were in favour of strong states. However, looking at
India’s historical experience, it was realised that it would not be prudent to have strong States
and weak Centre, given India’s historical experiences and separatist tendencies.
●​ Indian Constitution reflects a unique constitutional design and establishes a strong Centre. In
fact, several provisions of the Indian Constitution like Article 3 establish that India has strong
Centre and weak states. For e.g., Under Article 3, the Name, Area and Boundary of State can be
changed without the consent of states. If the central government today decides to merge
Uttarakhand with Uttar Pradesh, then from tomorrow onwards Uttarakhand will disappear from
the map of India.

Parliamentary Supremacy Vs Judicial Supremacy

●​ In a federal set up, the Constitution is treated as Supreme which has resulted into supremacy of
the judiciary. Supremacy of judiciary is the result of following factors:
o​ Differences may arise between Centre and States or among States themselves.
o​ There may be differences with respect to interpretation of the Constitution.
●​ In order to resolve the differences on above issues, there must be an authority endowed with
Power to Resolve disputes and there must be an authority which shall be the final interpreter of
the Constitution. This power in India is vested with the Supreme Court.
●​ India also adopted a Parliamentary form of government. This works on the principles of
Parliamentary Supremacy. The two principles came into conflict i.e., federalism and
Parliamentary form of government. Ultimately a compromise emerged in the Indian context,
leading to the concept of independent and impartial judiciary coming into existence.

Fundamental Rights Vs Directive Principles of State Policy (DPSPs)

●​ In the Constituent Assembly, a large number of people favoured that DPSPs must be justiciable,
that is, enforceable in court of law. According to them, if DPSPs are not made justiciable then
they are nothing more than pious declarations.
●​ However, it was decided to keep it non-justiciable, not because these principles are not
important but because they required material resources at the disposal of State, that is, States
will try to implement DPSPs when there will be availability of material resources at disposal of
State.
●​ For example, under Article 21A, the Right to Free and Compulsory Education to children
between the age group of 6 to 14 years has been made a Fundamental Right. Therefore, it can
 be said that the Constituent Assembly attached equal importance to both Directive Principles
and Fundamental Rights.

Q1. Discuss the dominant external and internal influences in the framing of the Indian
Constitution. (2008)
Q2. Critically examine and comment: "The Constituent Assembly was a one-party body in an
essentially one-party country. The Assembly was the Congress and the Congress was India."
(Granville Austin) (2010)
Q3. Unity and integrity of India was perhaps the single uppermost factor in the minds of the
Constitution makers. Comment. (2019)
Q4. Answer in 150 words: Indian Constitution makers' concerns on social inequality. (2020)
Q5. "The Constitution of India is a product of a historical process, rich with constitutional
antecedents." Comment. (150 words) (2021)
Q6. "The Constitution makers faced the great task of forging a common national identity in the
face of unparalleled social and cultural diversity in India." Comment. (150 words) (2021)
Q7. The making of the Indian Constitution is described as an attempt towards ‘social revolution’.
Comment. (200 words) (2021)
Q8. Imprint of the British Constitution on the Indian Constitution. (150 words) (2023)
Q9. Objective resolution of constituent assembly. (2024) (150 words)

Preamble

General Introduction to the Preamble

❖ A preamble is an introductory statement in a document which explains the philosophy and

objectives of the document.

❖ In a Constitution, it presents the intention of its framers, the history behind its creation and core
values and principles of the Nation.

❖ The preamble can be referred to as the preface which highlights the entire Constitution.

❖ K.M Munshi opines that the preamble is like a horoscope of the nation which makes predictions
about the future, time of birth and nature of the nation.

❖ It is customary that a Constitution should have a preamble but not compulsory.

❖ Preamble helps us to understand the intention behind the creation of the Constitution.

Nature of Preamble
❖ Preamble is non-justiciable in nature and cannot be enforced in court of law. In other words, the
Preamble is a non-operating part of the Constitution, that is, the Preamble cannot override specific
provisions of the Constitution. For example, if there is a clash between the Preamble and Article 21
of the Constitution then it is Article 21 that will prevail over the Preamble.

❖ According to the Supreme Court, the Preamble helps us in legal interpretation of the
Constitution. If a provision of the Constitution is capable of providing two or more interpretations,
then interpretation that tallies with Preamble, shall be given preference by the court but it is not
mandatory.

❖ Preamble is called an ornamental part of the Constitution and it is in the form of a declaration.

Purpose of Preamble

❖ The Preamble declares that the Constitution emanates from the People and all authority enjoyed
by the Constitution is derived from the people themselves. The Constitution locates sovereignty into
the hands of people of India.

Kehar Singh Vs Union of India case, 1990

❖ In this case, the Supreme Court held that the constitution emanates from the people, is a legal
fiction and conclusive assumption which cannot be tested in a court of law because questioning this
legal fiction will destroy the Nation and Constitution.

❖ Preamble contains the enacting clause where it is stated that the Constitution was enacted and
adopted on 26th November 1949. However, the Constitution commenced on 26th January 1950.

Landmark Case related to Preamble

S.C. have to deal with three basic issues related to Preamble of Constitution of India:

1.​ Whether the Preamble is part of the Constitution or not?

2.​ Whether Preamble can be Amended?

3.​ Whether the Constitution has to be interpreted in light of the Preamble?

Whether the Preamble is Part of the Constitution or not?

Traditional View:

❖ The Traditional view is that it is not a part of the Constitution as the Preamble is not justiciable
i.e., cannot be enforced in a court of law. If the Preamble were to be dropped, then it will not affect
the functioning of the Constitution.

❖ In the Berubari Case 1960, the Supreme Court held that Preamble is not a part of the
Constitution. According to Pratap Banu Mehta, Preamble is not part of the Constitution, this verdict
was given by the Supreme Court because the Indian Constitution also got influenced by a number of
Constitutions of the world and herein, the Court took precedence from the USA. In the case of the
USA, the Supreme Court of USA did not accept the preamble as part of the Constitution.

Modern View:

❖ On the other hand, the modern view is that the Preamble is a part of the Constitution because
the Parliament can amend only part of the Constitution.

❖ But, in Kesavananda Bharati case, the Court held that Preamble is an integral part of the
Constitution of India. The court also accepted the fact that earlier it had overlooked an important
fact that the preamble was adopted by the Constituent Assembly by the motion after the whole
constitution was passed.

Whether the Preamble can be amended or not?

❖ The preamble is like the soul and spirit of the Constitution, but it is not free from controversies.
One of the controversies about the preamble is its amenability. Article 368, which deals with the
procedure of amendment, only mentions about the amendment of the provision and not part of the
Constitution. Preamble is part but not provision.

❖ In opinion of Justice H.R Khanna, Preamble is a part of Constitution whereas an interesting

argument was advanced by Justice Y.V Chandrachud, that Preamble may be a part of Constitution,
but it is not a provision of constitution therefore we cannot amend the Constitution so as to destroy
the Preamble.

❖ The majority of Keshavananda Bharati case bench has held that Preamble is the part of
Constitution, and it can be amended but the Parliament cannot amend the basic features of
Preamble because if these basic elements are removed then structure will not survive and it will not
be the same Constitution and will not be able to maintain its identity.

❖ The Preamble to Indian constitution was amended by 42nd Amendment Act 1976, wherein the
words socialist, secular and integrity were added to the Preamble to ensure economic justice and
elimination of inequality in income and standards of life. Secularism implies equality of all religions
and religious tolerance and does not identify any State Religion. The word integrity ensures one of
the major aims and objective of the Preamble is ensuring unity and fraternity of the State.

Whether the Constitution has to be interpreted in the Light of Preamble?

❖ In A.K Gopalan Case 1950, the Supreme Court held that the Constitution need not be interpreted
in the light of preamble; it is to be used only when there is ambiguity (when more than one case is
possible).

❖ In Berubari Case 1960,​

➢ The S.C held that the preamble is like a lighthouse.​
➢ The Preamble is key to open minds of constituent assembly when there is ambiguity.
❖ In Keshavananda Bharati case 1973, the Supreme Court held that the Constitution has to be
interpreted in light of Noble Vision expressed in the Preamble.

Preamble (Part-2)

Ideals of Preamble

1. Sovereignty

➢ Sovereignty means uncontrolled and unlimited powers while taking decisions. It means India
does not recognize any other powers while taking its decisions.

➢ It is often said that globalisation has impacted the sovereignty of the nation state. In fact some
experts also say that globalisation has also diluted the sovereignty of countries but it is not
completely true that globalisation has diluted the sovereignty of a country.

➢ It has certainly impacted sovereignty to a great extent but sovereignty of a country largely
remains intact.

➢ External sovereignty of a country in some cases is certainly impacted under influence from
external powers. For example, India’s decision not to purchase crude oil from Iran under American
pressure is an example of impact on Sovereignty by external powers.

➢ On the other hand, internal sovereignty refers to the relationship between State and Individual
within its territory. Internal sovereignty relates to internal and domestic affairs and by large, India’s
internal sovereignty is intact.

➢ In economic matters, sovereignty of nation has certainly been impacted—​

✓ For example, in any trade agreement between two countries, interests of both the countries are
to be taken into account.​
✓ For example, the economic sovereignty of a country gets impacted under pressure from external
agencies like the IMF, World Bank etc.

➢ Globalisation has certainly impacted to a great extent but the sovereignty of the nation still
remains intact. India’s decision to purchase crude oil from Russia despite pressure tactics of the USA,
is an example of exercise of India’s sovereignty.

➢ Ability to exercise freedom depends on power and today there is a significant increase in the
power of India. India, today, is recognized as the Engine of the Global Economy.

➢ According to IMF Chief Economic Adviser Geeta Gopi Nath, India contributes 15% to global GDP
today. India is the fastest growing emerging economic market, a nuclear power and one of the
strongest contenders for a permanent seat in UNSC.

➢ All these factors make India’s position very strong and it can be said that the majority of India’s
decision is being taken by India on its own.

2. Socialist
➢ According to the Supreme Court, in Samatha Vs State of Andhra Pradesh case 1997, Socialism in
India means following:​
✓ Reducing inequality in income.​
✓ Reducing inequality in status.​
✓ Providing equality of opportunity.​
✓ Providing a life of dignity.

➢ India accepted the concept of Inclusive growth in 11th and 12th five years plans to address the
issue of inequality and poverty.

➢ The Preamble seeks to establish democratic socialism which is also known as Fabian Socialism. It
means socialistic goals are to be achieved through democratic means. The socialistic goals are
included under the Directive Principles of State Policy. These goals are given under two articles:

✓ Article 39(b) – It mandates that the State shall take steps to ensure equitable distribution of
resources so that material resources of the country must be used for the benefits of the common
good.

✓ Article 39(c) says that the State shall take measures to prevent concentration of wealth into few
hands.

➢ Democratic socialism holds faith in a Mixed economy where both the public and private sector
co-exist simultaneously.

➢ Democratic socialism is also called Fabian Socialism. Fabian Socialism regards the transition from
capitalism to socialism as a gradual process through peaceful use of Economic and Political
agencies.

Impact of economic reforms on socialistic goals

Has India deviated from its socialistic goals?

❖ Argument against:​
➢ According to some experts, India has deviated away from its socialistic goals. Economic reforms
of India have created inequality in society. Economic reforms have also resulted in regional disparity
e.g., southern states and western states are economically more successful than Northern states.​
➢ It is also said that those who are educated are more successful than others who are not so
educated.

❖ Counter arguments:​
➢ It is wrong to say that Indian state has deviated from socialistic principles because of following
reasons:​
✓ India has been trying hard to reduce inequality in society. The Indian state has been actively
trying to ensure minimal inequality in society. For example, Under Prime Minister Jan Kalyan
Yojana, the Indian state has provided free ration to almost 800 million people during Covid-19
period.​
✓ Through mechanisms like Progressive Taxation, the Indian state has been trying to reduce
inequality.​
✓ The Indian State has recalibrated its strategy to reduce inequality in India and it has been fairly
successful in this regard.​
✓ Jan Dhan–Aadhar–Mobile Trinity has helped in financial inclusion of the poor and it has also
helped in reducing corruption and extending benefits to the poor.

3. Secularism

➢ It means worldly as opposed to otherworldly or spiritual. Secularism means the State is neutral
on religious grounds.​
➢ The Secular State does not recognise religion as the official religion of the country. So, Secularism
means the existence of religious tolerance, diversity, and pluralism in the field of religion.​
➢ It means that all religions have the right to co-exist on the soil of India. It means the State is
neither religious nor anti-religious or irreligious but only non-religious in character.​
➢ Secularism in India is based upon the principle of ‘Sarvadharma Sambhava’ which means all
religions are equal.

Western Secularism​

❖ It is completely separated from religion. The State cannot patronise any religion whereas in
India the State is free to protect any religion provided no discrimination is shown between any
religion.

❖ Secularism in India is provided under Article 25 to 28, which are the Fundamental Rights of
the Constitution.

➢ The Supreme Court in St. Xavier’s Vs State of Gujarat explained the meaning of Indian Secularism
as “State is neither anti-God or pro-God. It treats the devouts, agnostics, and atheists alike. It
eliminates God from the matters of State and ensures that no one shall be discriminated against on
the basis of religion. Every person is free to mould or regulate its relation with God.”

➢ According to neo-Gandhian scholar T. N. Madan, Secularism is not possible without

Secularisation. It means reducing the role of religion in the lives of people.

➢ D. E. Smith has concluded the first work on Indian Secular State and held that minorities are
custodians of Secularism. He acknowledges the role of minorities in the formation of a secular
foundation in the Indian State. Had there been no active protest by the minorities, the State would
not have granted them special rights, and he also acclaimed that the way minorities organise
themselves will also shape the future of secularism in India.

Preamble (Part-3)

Ideals of Preamble

4. Democratic
➢ Ambedkar believes that democracy is not one man-one vote but also value. Social and economic
democracy is as important as political democracy. Hence, he advocated protection of minority
rights.

➢ Democracy means government is “of the people, for the people and by the people”. The form of
democracy provided in India is Multi-Party Democracy. The kind of democracy provided is
Representative Democracy. It is based on the one man one vote and one value principle. It is
provided under Article 326 which provides for Universal Adult Suffrage, that is, the Right to Vote
cannot be discriminated against on the grounds of religion, race, caste, sex etc. (Universal). Adults
who are above 18 years of age have got the right to vote. Suffrage means the right to vote.

5. Republic

➢ Democratic Republic​
✓ The head of state is elected directly or indirectly by the people and is not a hereditary monarch.
India has an elected president who is the Head of the State and any person who is a citizen of India
can occupy all offices including that of President. It means any person can become President of
India.

Aspirations

1. Justice

➢ The Constitution of India provides a wholesome form of justice e.g., Preamble talks about all
three forms of Justice i.e., social justice, it means there should be equal treatment of all citizens
without social distinction based on caste, religion, race, sex etc. It has been provided under Article
14 to Article 18.

➢ Economic Justice​
✓ Economic justice implies that there should be no discrimination between people on the basis of
Economic Factors. It has been provided under Article 39(b) & 39(c).

➢ Political Justice​
✓ Political justice denotes that all citizens should have equal political rights, equal access to all
political offices and equal voices in the government. It has been provided under Article 326.

2. Liberty

➢ The term Liberty means Freedom of an individual to do what he considers best to himself and
does not violate others’ rights.

➢ Liberty does not mean licence, it means responsibility.

➢ Liberty also means the absence of arbitrary powers exercised by the State over individuals.

➢ Preamble talks about two forms of Liberty:

1.​ Liberty of thought and expression provided under Article 19[(1)(a)].

2.​ Liberty of belief, faith and worship. It has been provided by Article 25-28.
3. Equality

➢ Equality means the absence of privileges to a Group of people and also enough opportunity to all
individuals without discrimination.

➢ Preamble talks two kinds of equality:

1.​ Equality of status is guaranteed under Article 15, 16, 17 and 18.

2.​ Equality of opportunity provided under Article 16.

4. Fraternity

➢ It is a sense of brotherhood prevalent among all the people of India when they feel they are sons
and daughters of the same soil.​
➢ It leads to social harmony, and it promotes integrity among people.

Significance of Preamble

❖ The preamble reflects the sacrifices made and the struggles faced by the people of India in their
fight for an independent India. It pays homage to the freedom fighters and the principles for which
they fought.

❖ The use of the words such as justice, liberty, and equality in the Preamble reflects the influence
of the International ideals and principles. It highlights India’s commitment to global values of human
rights, social justice, and equality.

❖ The Preamble of the Indian Constitution encapsulates the foundational values, principles and
objectives that guide the nation’s governance. It plays a significant role in shaping the interpretation
and application of the provisions of the Constitution and serves as a reminder of the vision and the
goals of the framers of the Constitution.

Concluding Remarks

❖ The Preamble of the Indian Constitution lays down the nature of the Indian State and the
objectives which are to be achieved for all the citizens of India. It also upholds the sovereignty of the
people of India and records the date on which the Constitution was finally adopted by the
Constituent Assembly. Each word of the Preamble conveys a set of ideals. The interpretation of the
Constitution is done keeping in mind the Preamble.

❖ Challenges do exist while we try to realise these ideals fully, but the Preamble continues to serve
as a foundation stone for India’s constitutional framework and democratic governance.

The Preamble and ‘social contract’

●​ The Preamble of the Indian Constitution closely mirrors the classical notion of the social
contract, as articulated by Hobbes, Locke, and Rousseau, who argued that legitimate political
 authority emerges from a voluntary agreement among individuals to establish a collective
political order.

●​ The opening words—“We, the People of India”—affirm that sovereignty originates from the
consent of the governed, reflecting Locke’s idea of popular sovereignty and Rousseau’s
concept of the general will.

●​ The Preamble outlines the normative goals of the Indian State—Justice (social, economic,
political), Liberty, Equality, and Fraternity—which correspond to the moral ends of the social
contract tradition. For Rousseau, the purpose of the social contract was to create a moral
community rooted in equality; this resonates with Ambedkar’s vision of social democracy,
where liberty, equality, and fraternity form an indivisible triad. Ambedkar explicitly stated in
the Constituent Assembly that these ideals form the “foundation of the Constitution”.

●​ Further, the Preamble embodies a commitment to transformative constitutionalism,

promising to restructure an unequal society into a democratic and egalitarian one—similar to
the contractual shift described by Henry Maine from status to contract. Its emphasis on
fraternity echoes Tagore’s universal humanism and Gandhi’s inclusive nationalism,
reinforcing a civic bond among diverse communities.

●​ The Preamble also functions as a moral covenant between the State and citizens, guiding
constitutional interpretation (Kesavananda Bharati, 1973) and ensuring that institutions
remain aligned with democratic values.
●​ Thus, the Preamble is not merely introductory text but a social contract in constitutional
form—a collective pledge to create a just, humane, and democratic Indian polity.

“The Constitution of India is the ‘cornerstone of a nation’” (Granville Austin)

●​ Granville Austin’s characterisation of the Indian Constitution as the “cornerstone of a nation”
reflects its foundational role in shaping modern India. Emerging from the turbulence of
Partition, princely state integration, and deep social cleavages, the Constitution served as the
primary nation-building instrument that provided political unity, socio-economic
transformation, and democratic legitimacy.
●​ First, it created a strong but federal political structure, ensuring territorial integrity while
accommodating diversity through asymmetric federalism and minority safeguards. Austin
notes that the Constitution’s twin pillars—national unity and social revolution—enabled India
to avoid Balkanisation and maintain democratic continuity.
●​ Second, the Constitution institutionalised universal adult franchise, establishing political
equality for nearly 200 million people at independence—one of the world’s most radical
democratic experiments. This aligned with Ambedkar’s vision of “social democracy” based on
liberty, equality, and fraternity.
●​ Third, through Fundamental Rights and Directive Principles, it became a vehicle for
transformative constitutionalism, aiming to dismantle caste hierarchies, abolish
untouchability, and promote socio-economic justice.
●​ Fourth, it provided an independent judiciary, ensuring constitutional supremacy and
protecting rights, as reaffirmed in Kesavananda Bharati (1973).
●​ Finally, the Constitution created the normative framework for a plural, secular, and inclusive
nationalism—an “imagined community” in Benedict Anderson’s sense—anchored not in
ethnicity but in shared constitutional values.
●​ Thus, the Constitution became the cornerstone upon which India’s democratic state, national
identity, and social transformation were built.

Founding Principles that Define India’s Constitution

The Constitution of India is grounded in a set of foundational principles that emerged from the
freedom struggle, Constituent Assembly debates, and global constitutional traditions. These
principles include:
1. Popular Sovereignty
●​ Begins with “We, the People of India”, reflecting that power flows from the people.
●​ Inspired by Locke’s consent theory and Rousseau’s general will.
2. Constitutionalism and Rule of Law
●​ A written, supreme Constitution limiting governmental power.
●​ Embedded in A.V. Dicey’s rule of law and upheld by judicial review (Kesavananda Bharati,
1973).
3. Democratic Republicanism
●​ Adoption of universal adult franchise, free elections, and the parliamentary system.
●​ India became the world’s first large-scale postcolonial democracy.
4. Federalism with a Unitary Bias
●​ Dual polity with strong Centre (Arts. 246, 248) yet accommodation of diversity through
asymmetric federalism (Art. 371, Sixth Schedule).
●​ Ivor Jennings calls it “a federation with a centralising tendency.”
5. Justice—Social, Economic, Political
●​ A central Preamble ideal.
●​ Reflected through Fundamental Rights and Directive Principles, advancing Ambedkar’s
social democracy.
6. Liberty and Equality
●​ Protection of civil liberties (Arts. 19–22) and equality before law (Art. 14–18).
●​ Aligned with Enlightenment thought and modern liberalism.
7. Secularism and Fraternity
●​ Equal respect for all religions; no state religion.
●​ Constitutional fraternity, as emphasised by Ambedkar, binds diverse communities
together.

Minorities as Custodians of Secularism

●​ The statement highlights the inherent stake minorities have in preserving secularism, since it
is the constitutional guarantee that protects their identity, culture, and rights. In a diverse
society like India, secularism ensures that the State remains neutral and non-partisan,
 preventing the tyranny of the majority—an idea echoed by Alexis de Tocqueville and later by
John Stuart Mill, who warned that majoritarianism can threaten individual and group liberties.
● In India, minorities—religious, linguistic, or cultural—depend on the secular character of the
State to safeguard their autonomy. Rajeev Bhargava argues that Indian secularism is based on
“principled distance,” where the State intervenes only to uphold equality, making minorities
key beneficiaries and thus natural supporters of this framework. Constitutional provisions like
Articles 25–30 (freedom of religion and minority educational rights), asymmetric federalism
(Art. 371), and Sixth Schedule autonomy reinforce this relationship.
● Historically, minorities have played a critical role in defending secularism. During the Shah
Bano case (1985), the debate centred not only on personal law but also on protecting secular
principles. Similarly, judgments like S.R. Bommai (1994) affirmed secularism as part of the
“basic structure,” a decision strongly supported by minority groups.
● Thus, minorities act as vigilant custodians of the secular state because its survival ensures
their security, equality, and dignity. At the same time, secularism protects the majority as well
by ensuring a just, inclusive political order for all.

1. The Constitution of India is the ‘cornerstone of a nation’” (Granville Austin). Analyze. (200
words) (2023)
2. The Preamble of the Indian Constitution reflects itself as a ‘social contract’. Elucidate. (250
words) (2022)
3. Mention the founding principles that define India’s Constitution. (2021)
4. In the light of neo-economic policies adopted since 1991, examine the relevance of the
term ‘socialist’ in the Preamble. (2015)
5. Comment: Secularism in the Indian Constitution. (2015)
6. Comment: Significance of the Preamble. (2013)
7. Minorities are the natural custodians of the secular state. Discuss. (2010)
8. Explain the main principles embodied in the Preamble to the Constitution of India. What is
their significance? Do you think that they are the political horoscope of the country?
Discuss. (2004)