How did the PREAMBLE of the Indian Constitution evolve

  • Article shares drafts of the Preamble starting 1947 and additions made in 1976. Next seems to provoke thought with observations. 

Many drafts of the Constitution were prepared. The first draft in October 1947, then February 1948 and lastly in November 1949. We present different versions of the preamble in each constitution to show how it evolved.

 

Preamble Draft 1 - prepared by Sir B N Rau, dated October 1947.

 

“We, the people of India, seeking to promote the common good, do hereby, through our chosen representatives, enact, adopt and give to ourselves this Constitution.” Note that this draft was yet not considered or adopted by the Constituent Assembly. 1 pg 4.

 

Preamble Draft 2 - prepared by the Drafting Committee, dated February 21, 1948.

 

“We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN 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 of the Nation.” 

IN OUR CONSTITUENT ASSEMBLY this ------- OF ------ (day of May, 1948 A.D.), do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.” 1 pg 517

 

By way of explanation on reasons for changing the preamble Dr Ambedkar wrote in his letter of 21/2/1948, addressed to the President of the Constituent Assembly of India:

 

“The Objectives Resolution adopted by the Constituent Assembly in January, 1947, declares that India is to be a Sovereign Independent Republic. The Drafting Committee has adopted the phrase “Sovereign Democratic Republic” because independence is usually implied in the word “Sovereign”, so that there is hardly anything to be gained by adding the word “Independent”. The question of the relationship between the Democratic Republic and the British Commonwealth of Nations remains to be decided subsequently”. 1 pg. 510

 

What was the Objectives Resolution? Excerpts according to GKToday, “The historic Objectives Resolution was moved by Jawahar Lal Nehru on 13 December 1946 and was adopted on 22 January 1947. It reads as follows: 1. This Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up for her future.” Also read here

 

The Objectives Resolution moved by Nehru in December 1946 and adopted by the Constituent Assembly on 22 January 1947 included words found in the preamble like justice and equality to which was added fraternity.

 

Dr Ambedkar added, “The committee has added a clause about fraternity in the preamble, although it does not occur in the Objectives Resolution. The committee felt that the need for fraternal concord and goodwill in India was never greater than now and that this particular aim of the new Constitution should be emphasised by special mention in the preamble.” 1  pg 510.

 

Preamble draft 3 – dated November 3, 1949 was the same as draft 2. Volume 4 pg 750.

 

Preamble draft 4 – as adopted on 26 January, 1950. No change from draft 2. 

 

“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN 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 of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.” 2

 

The preamble to the Constitution was amended in 1976 vide the 42nd Amendment. The words Socialist and Secular and under Fraternity ‘and integrity’ were added. Additions are highlighted in red. 

 

“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 opportunity; and to promote among them all

FRATERNITY assuring the dignity of the individual and 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.”

 

Comments

 

1. Let us look at the source of some key words added in the Preamble and relevant articles of the Constitution.

 

Article 14 Equality before law – The source of article 14 lies in the American and Irish Constitutions. 2  

 

Article 21 Protection of life and personal liberty – The source for the concept of liberty might be Clause 16 of the first draft of the Constitution which gives reference of U.S. and Irish. (Cf U.S.A Constitution (1868), Art XIV, S. I, Irish Constitution Arts 40(1) and 40(4)). 1

 

2. R Jagannathan wrote in Swarajya that, “And nothing in the Preamble ensures that the principles laid down in it will be accepted as guiding principles in the actual laws that govern this country.” 

 

3. The words Socialist and Secular are not defined.

 

Just like many parts of the Indian Constitution are borrowed from Western constitutions so also was the concept of Secularism. The concept originated in Europe where the church, controlled education/ property etc, became so powerful that even the king felt oppressed. So secularism meant separation of the church and state with intent to curb the influence and power of the church.

 

From the above it appears that Nehru’s December 1946 Objectives Resolution and the drafting committee, of which Dr Ambedkar was the Chairman, influenced key wordings in the preamble. Did their education influence their thinking?

 

Ambedkar had a B.A in economics and political science from Elphinston College Mumbai, an M.A and doctoral degree from London School of Economics, and another doctoral degree from Columbia University in 1927.

 

Born in 1889 Nehru went to Harrow, a leading English school in 1905 (age 16) where he spent two years. Next he went to Trinity College, Cambridge where he spent three years earning an honours degree in natural science. “On leaving Cambridge he qualified as a barrister after two years at the Inner Temple, London”. Source here

 

Nehru and Ambedkar did a major part of their education outside India with Nehru leaving India at 16. Conversely Sir Rau, who prepared the first preamble, studied in Mangalore, Presidency College Madras (English, Physics & Sanskrit) before going to Trinity College and worked in the bureaucracy and judiciary (1909-1937) and thereafter as Prime Minister of the princely state of Jammu and Kashmir, (1938-1945). Source here

 

Would India’s Preamble have been different if there were more leaders who had spent their formative years in India and were educated in Indic traditions is a question worth pondering over? 

 

References

1. The Framing of India’s Constitution’ (Volume 3 & 4) Editor B. Shiva Rao.

2. The Constitution of India by P. M. Bakshi.

 

Also read

1. Who drafted and how Indian is the Indian Constitution

2. Why Secularism is not an Indian concept?

3. Preamble embodies Constitution’s vision

Receive Site Updates