Every Constitution has a philosophy of its own. For the philosophy under our Constitution, we must look back into history.

The Objective Resolution:

• This Constitution Assembly declares, it’s firm and solemn resolve to proclaim India as the Independent Sovereign Republic and to compose for her future Constitution.

• WHEREIN the territories that now comprise British India, the territories that now form the Indian States, and such other parts of India as are outside British India and the States as well as such other territories as are willing to be constituted into Independent Sovereign India, shall be a Union of all; and

•WHEREIN the said territories, whether with their present boundaries or such with others as may be determined by the Constituent Assembly and subsequently by accordance with the law of the Constitution, shall possess and retains the status of autonomous units, together with residual powers and exercise all powers and functions of Government and administration, save and except such powers and functions as are vested in or assigned to the Union, or as are inherent or implied in the Union or resulting therefrom; and

•WHEREIN all powers and authority of Sovereign Independent india, its constituent parts, and organs of government are derived from the people; and

•WHEREIN shall be guaranteed and secured to all people of India justice, social, economic, and political; equality of status, of opportunity, and before the law; freedom of thoughts, expression, belief, faith, worship, vocation, association, and action, subject to the law and public morality; and

• WHEREIN adequate safeguards shall be provided for minorities, backward and tribal areas, and depressed and other backward classes; and

• WHEREIN shall be maintained the integrity of the territory of the Republic and its sovereign rights on the land, sea, and air according to justice and the law of civilized nations; and

• The ancient land attains its rightful and honored place in the world and make its full and willing contribution to the addition of world peace and the welfare of mankind.

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 thoughts, expression, belief, faith, and worship;

EQUALITY of status and opportunity; and to promote among them all;

FRATERNITY assuring the dignity of the individual and the unity and the unity and integrity of the Nation;

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

The Preamble to our Constitution serves, two purposes –

(a) it indicates the source from which the Constitution derives its authority;

(b) it also states the objects which the Constitution seeks to establish and promote.

Important Amendment: 42nd Amendment, 1976 that the goal of the Indian polity is socialism was ensured by inserting the word “socialist” in the Preamble, by the Constitution Act, 1976. The secular objective of the States has been specifically expressed by inserting the word “secular” in the Preamble by the Constitution Act, 1976.

•Importunity raised for a Separate Constitution:-Mahatma Gandhi in 1922, lay down the desire for Swaraj and quoted that India’s political destiny should be defined by the Indians themselves, and it would be a deposition of India’s self-expression. The failure of the Statutory Commission and the Round table Conference led to the imposition of the Government of India Act,1935. The demand for a Constitution made by the people of India without any interference was first argued by the National Congress 1935.

•Cripps Mission:- However, the demand was continuously countered by the British government. Henceforth World War II took place, the external conditions caused them to realize the necessity of figuring out the Indian Constitutional crisis. In 1940, the Coalition Government in England provided Indians to frame a new Constitution for autonomous India. In March 1942 Sir Stafford Cripps, a member of the Cabinet, with a draft statute on the proposals of the British Government, provided an agreement to the two prominent political parties ( i.e. Congress and the Muslim league) that:-

(1) The Constitution of India to be drafted by an elected Constituent Assembly of the natives.

(2) The Constitution should convey India a Dominion significance.

(3) There should be one Indian Union constituting all provinces and Indian states but,

(4) If any province or state refuses to endorse the Constitution would be free to maintain its Constitutional status.

But the two parties failed to approve and advised to divide India based on communal lines and to make an independent Muslim state. After the refusal of the Cripps proposal, the Quit India movement was launched by Congress.

•Cabinet Delegation:- The Cabinet delegation refused the claim for a separate Constituent Assembly and a separate state for Muslims. Various attempts to calm the two parties were made comprising Simla Conference but nothing helped the Cabinet Delegation too failed in making the two parties enter to an agreement.

•HMG’s statement of 3 June 1947:- The British Government sent Lord Mount batten to India as the Governor-General, in place of Lord Wavell. Lord Mount batten brought the Congress and the Muslim league into a factual agreement that the two provinces of the Punjab and Bengal would be split to form Hindu and Muslim preponderance regions within these provinces, the plan is known as ‘The Mount batten’s Plan’.

•The Indian Independence Act, 1947:– On the 26th of July, 1947 the Governor-General declared the setting up of a separate Constituent Assembly for Pakistan. The Indian Independence Act of 1947, introduced in Parliament on 4th July 1947, received Royal assent on 18th July 1947 and came into force from the date. The act provided that from 15th August 1947 there would be two independent Dominions, to be known as India and Pakistan.

•Constituent Assembly of India:- As a sovereign, the Constituent Assembly for the dominion of India was first set up on 14th August 1947. The essentials of the scheme were:-

(1) The provinces were to elect 292 members while the Indian states were allocated 93 seats.

(2) The seats were distributed among the three main communities Muslims, Sikhs, and General in each province.

(3) Members of each Community in the provincial legislation assembly select their representatives by a single transferable vote.

•Drafting Committee:- The salient features of the proposed Constitution summarized by various committees of the Assembly such as the Union Constitutional committee, the Union Powers Committee, Committee on Fundamental Rights, and after the report of the Committee, the Assembly appointed a Drafting Committee on 29 August 1947. Dr. B.R. Ambedkar was the chairman of the Drafting Committee.