THE PREAMBLE

The Preamble to the Constitution of India is a brief introductory statement that sets out
guidelines to guide people of the nation, to present the principles of the Constitution, to
indicate the source from which the document derives its authority, and meaning. It
reflects the hopes and aspirations of the people.

THE CONSTITUTION OF INDIA

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 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.
SALIENT FEATURES OF INDIAN CONSTITUTION
❖ WRITTEN CONSTITUTION:
The Indian Constitution is a written Constitution. It is formal source of all
constitutional law in the country. It is the supreme law of the land. Because
of that it is a written document, Indian Constitution is a controlled
Constitution.
It provides for a limited government. The sovereign powers are divided
amongst the three organs of Government, that is the Executive, the
Legislature and the Judiciary. Powers of each organ are defined by the
constitution and no one can go beyond its own powers or encroach upon
those belonging to other organs.

❖ LONGEST / LENGTHIEST CONSTITUTION:

The Indian Constitution is the longest/lengthiest and the most detailed of
all the Constitutions in the whole world. When it commenced, it contained
395 Articles divided into 22 Parts and 8 Schedules. After the Constitution
(94th Amendment) Act, 2006, the Constitution now consists of 447 Articles
divided into 24 Parts and 12 Schedules. It is the longest constitution of the
world due to the following reasons: -
• It has borrowed from all other constitutions their best features. The
framers of Constitution gained experience from the known
Constitutions of the world. It had adopted the Fundamental rights from
American Constitution. The Directive Principles of State Policy adopted
from Irish Constitution. Parliamentary form of the Government and
Cabinet system from the British Constitution.
• The Indian Constitution lays down the organization and structure not
only of the Central government but also of the States.
• To ensure that the future India is to be based on the concept of social
welfare State, the framers included in the Constitution Part IV, titled as
Directive Principles of State Policy.
• The constitution of India contains a long list of Fundamental Rights for
its citizens. The 42 nd Amendment of the Constitution has added a new
chapter which is dealing with Fundamental Duties of the citizens.
• It also contains detailed provisions relating to citizenship, government
services, electoral machinery, etc.

❖ DEMOCRATIC FORM OF GOVERNMENT: -

The Preamble of the constitution, constitutes India into a sovereign State,
socialist, secular, democratic republic. It provides for the establishment of
a democratic form of government in the country. Justice, Liberty, Equality
and Fraternity are essential characteristics of a democracy and these are
declared in the Preamble of the Constitution. In a democracy, the
government derives its authority from the will of the people. Our rulers are
elected representatives of the people and responsible to the people of the
country.
❖ SOVEREIGNTY OF PEOPLES:
The Preamble of the Indian Constitution is started with the wording of “We
the people of India” it declares that the people of India have adopted and
given to themselves this Constitution in exercise of their sovereign rights.
These wordings “we the people of India” make it clear that the real power
is in the hands of the people of India both in the Union and in the States.
❖ PARLIAMENTARY FORM OF GOVERNMENT:
The Indian Constitution declares a ‘Parliamentary form of government’ at
the Centre as well as at the State levels. The essential characteristics of the
parliamentary form of government are: -
• The President is the nominal and constitutional head of the State. But
the real executive power is vested in the Council of Ministers which is
headed by the Prime Minister of India.
• The Executive vested with real power is made answerable to the
Legislature.
• The member of the Council of Ministers are the elected members of the
Legislatures directly elected by the people.
❖ FUNDAMENTAL RIGHTS:
The Indian Constitution provides the fundamental rights for its citizens.
Part III of the Indian Constitution secures to the people of India the
fundamental, basic and natural rights. These rights are necessary for the
development of an individual’s personality. The constitution not only
declares these fundamental rights but it also provides a speedy remedy for
the enforcement of these rights and the remedy itself declared as the
fundamental right. But these rights are not absolute rights. They are
restricted rights and can restricted and also taken away only when it is
necessary in the public interest.
❖ FUNDAMENTAL DUTIES:
Part IV-A added by the 42 nd Amendment which lays down fundamental
duties for the citizens of India. These duties are served as a reminder to
every citizen that while the Constitution specifically confers on them,
certain fundamental rights, it also requires them to observe certain basic
duties and norms of democratic conduct and democratic behaviours.
❖ DIRECTIVE PRINCIPLES OF STATE POLICY:
Directive Principles of State Policy is contained in Part IV of the Indian
Constitution. This Part of the Indian Constitution sets out the aims and
objectives to be taken by the State in the governance of the country.
Although they are not justifiable in the Courts of law, yet they are very
important and fundamental in the governance of country. No government
can ignore them. It has been declared a duty of the State to apply them while
making laws. The idea of the welfare State can be achieved only by
implementing the various Directive Principles contained in the Part IV of
the Indian Constitution.
❖ MIXTURE OF RIGIDITY WITH FLEXIBILITY:
The Indian Constitution is flexible as well as rigid. A rigid Constitution is
one which requires a special procedure for amendment of its provisions
while in a flexible Constitution, the provisions of the Constitution can be
amended by an ordinary legislative process. Some provisions of the
constitution can be amended by the simple majority procedure as is
 followed for enacting ordinary laws. While the rest of the Constitution is
amended by a special more difficult and technical procedure, which
requires special majority in both the Houses of the Parliament. The Indian
constitution, though written, is sufficiently flexible.

❖ SINGLE CITIZENSHIP:
The constitution of India is federal and provides for a dual polity, i.e., Union
and States, but it had opted for a single citizenship for whole of India. There
is no separate citizenship of the States. Every Indian citizen of India enjoys
practically the same civil and political rights of citizenship, no matter in
which State he resides. The Citizenship (Amendment) Act, 2003 has paved
for conferring Indian citizenship not only upon the persons of Indian origin
but also for the citizens of certain other countries also.

❖ PREVENTIVE DETENTION:
The Constitution contains a unique, though, pernicious feature in the form
of Preventive Detention in order to prevent any abuse of freedom by anti-
social and subversive elements, which might endanger the national welfare
of the infant Republic of India. It empowers the State to enact a law which
provides for preventing detention of persons, even during peacetime, for
reasons connected with defence, foreign affairs, maintenance of public
order and the security of State.

❖ A SECULAR STATE:
In Indian Constitution, no religion has been recognized as State’s religion.
The Indian constitution treats all the religions equally. Anti-national
activities cannot be permitted in the name of any religion. This freed om is
also subject to reasonable restrictions like other freedoms.

❖ AN INDEPENDENT JUDICIARY:
An independent and impartial judiciary is essential for the success of any
democratic system. The Indian Constitution provides for the setting up of
an independent judiciary. The Constitution secures to the Judges, the tenure
of service and they cannot be removed before the expiry of their tenure
except by impeachment under the Constitution. The courts are vested with
the power of judicial review and they can examine the constitutional
validity of law made by the parliament as well as law made by the State
Legislature. Any law which is declared unconstitutional by the court that
becomes inoperative and void.

❖ ADULT SUFFRAGE:
Article 326 of the Indian constitution as amended by the Constitution
(61st Amendment) Act, 1989, secures to every citizen of India who has
attained the age of 18 years, the right of vote, he or she is entitled to vote in
Parliamentary and State Legislative Assembly elections to elect
representatives to the Legislatures, both, Central as well as States. There is
no discrimination in this respect on grounds of sex, caste, property, religion
etc.
K V ROHIT
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