NCERT Textbook: Making of The Indian Constitution | NCERT Books & Solutions for Humanities - Humanities/Arts PDF Download

 Page 1


154
………………….We are not going just to copy, I hope, a certain democratic procedure or an institution 
of a so-called democratic country. We may improve upon it. In any event whatever system of 
government we may establish here must fit in with the temper of our people and be acceptable to 
them. We stand for democracy. It will be for this House to determine what shape to give to that 
democracy, The fullest democracy, I hope. The House will notice that in this Resolution, although 
we have not used the word 'democratic' because we thought it is obvious that the word 'republic' 
contains that word and we did not want to use unnecessary words and redundant words, but we 
have done something much more than using the word. We have given the content of democracy in 
this Resolution and not only the content of democracy but the content, if I may say so, of economic 
democracy in this Resolution. Others might take objection to this Resolution on the ground that 
we have not said that it should be a Socialist State. Well, I stand for Socialism and, I hope, India 
will stand for Socialism and that India will go towards the constitution of a Socialist State and I do 
believe that the whole world will have to go that way.
-Jawaharlal Nehru on framing the Constitution. 
CONSTITUENT ASSEMBLY DEBATES (CAD), VOL.I 
The Indian Constitution, which came into effect on 26 January 1950, holds the distinction of being 
one of the lengthiest Constitutionsin the world.This lesson gives insights into various aspects of the 
Indian Constitution.
After the World War II, which ended in 1945, India's independence from the British rule was 
around the corner. During the winter of 1945-46, general elections for India's provincial 
legislatures or assemblies were held. These legislatures elected the members of the 
Constituent Assembly that would draft the Constitution of India. Although, in December 1946, 
the Constituent Assembly was ready in place in New Delhi, the Muslim League's demand for a 
separate Pakistan delayed its work of creating the new Constitution. On August 15, 1947, 
after the last Viceroy of British-India Lord Louis Mountbatten declared India and Pakistan as 
two independent countries, the Constituent Assembly continued with its mandate to create 
the new Constitution for India. 
I. Constituent Assembly
UNIT 03: CHAPTER 3
Making of the Indian Constitution
Page 2


154
………………….We are not going just to copy, I hope, a certain democratic procedure or an institution 
of a so-called democratic country. We may improve upon it. In any event whatever system of 
government we may establish here must fit in with the temper of our people and be acceptable to 
them. We stand for democracy. It will be for this House to determine what shape to give to that 
democracy, The fullest democracy, I hope. The House will notice that in this Resolution, although 
we have not used the word 'democratic' because we thought it is obvious that the word 'republic' 
contains that word and we did not want to use unnecessary words and redundant words, but we 
have done something much more than using the word. We have given the content of democracy in 
this Resolution and not only the content of democracy but the content, if I may say so, of economic 
democracy in this Resolution. Others might take objection to this Resolution on the ground that 
we have not said that it should be a Socialist State. Well, I stand for Socialism and, I hope, India 
will stand for Socialism and that India will go towards the constitution of a Socialist State and I do 
believe that the whole world will have to go that way.
-Jawaharlal Nehru on framing the Constitution. 
CONSTITUENT ASSEMBLY DEBATES (CAD), VOL.I 
The Indian Constitution, which came into effect on 26 January 1950, holds the distinction of being 
one of the lengthiest Constitutionsin the world.This lesson gives insights into various aspects of the 
Indian Constitution.
After the World War II, which ended in 1945, India's independence from the British rule was 
around the corner. During the winter of 1945-46, general elections for India's provincial 
legislatures or assemblies were held. These legislatures elected the members of the 
Constituent Assembly that would draft the Constitution of India. Although, in December 1946, 
the Constituent Assembly was ready in place in New Delhi, the Muslim League's demand for a 
separate Pakistan delayed its work of creating the new Constitution. On August 15, 1947, 
after the last Viceroy of British-India Lord Louis Mountbatten declared India and Pakistan as 
two independent countries, the Constituent Assembly continued with its mandate to create 
the new Constitution for India. 
I. Constituent Assembly
UNIT 03: CHAPTER 3
Making of the Indian Constitution
155
Dr. B.R. Ambedkar is considered to be 
the principal architect of the 
Indian Constitution. 
(Photo sourced from 
http://c250.columbia.edu).
The Constituent Assembly had members mostly from the Congress Party with a few 
Communists and Independents. In 1885, Allan Octavian Hume, an Englishman had formed the 
Congress Party to enable Indian participation in the less popular British Government. In 1921, 
post World War I, Mohandas Karamchand Gandhi, (Mahatma Gandhi), assumed the leadership 
of the Congress Party and led the movement for India's independence. Although the 
Constituent Assembly was largely a one-party body, the Congress Party had arranged for a 
dozen of persons distinguished in law and public affairs to be elected to the Constituent 
Assembly to contribute to the making of the Constitution. India's first law minister, Bhimrao 
Ramji Ambedkar, was appointed the Chairman of the Constitution Drafting Committee. 
Therefore, Dr. Ambedkarhas been termed as the principal architect of the Indian 
Constitution. The Constituent Assembly had two roles to play- governance and the framing of 
the Constitution. In the mornings, it dealt with the governance matters and in the afternoons, 
it drafted the Constitution. 
The framers of the Indian Constitution, i.e. the Constituent Assembly, drew upon three 
sources to draft the Constitution. The first source was the foundation document or the base 
text- the Government of India Act of 1935, which was passed by the Parliament in London. 
This Act was the basis for the government and was in force in India from 1935 until 1950 when 
the Indian Constitution was adopted. 
The salient features of the 1935 Act were: 
it provided for a parliamentary system (but the ultimate power was kept with the 
British); 
it included a wide ranging administrative aspects for the structure of government; 
it created a centralized federal system; and it provided for elections to provincial 
legislatures or assemblies. 
The second source was the constitutions of other countries. They were used mostly with 
respect to the two chapters of the Constitution namely, the Fundamental Rights and the 
Directive Principles of State Policy.  As is described later in this section, fundamental rights 
largely deal with civil and political rights of citizens (for example: right to life, freedom of 
2. Sources of the Constitution



Page 3


154
………………….We are not going just to copy, I hope, a certain democratic procedure or an institution 
of a so-called democratic country. We may improve upon it. In any event whatever system of 
government we may establish here must fit in with the temper of our people and be acceptable to 
them. We stand for democracy. It will be for this House to determine what shape to give to that 
democracy, The fullest democracy, I hope. The House will notice that in this Resolution, although 
we have not used the word 'democratic' because we thought it is obvious that the word 'republic' 
contains that word and we did not want to use unnecessary words and redundant words, but we 
have done something much more than using the word. We have given the content of democracy in 
this Resolution and not only the content of democracy but the content, if I may say so, of economic 
democracy in this Resolution. Others might take objection to this Resolution on the ground that 
we have not said that it should be a Socialist State. Well, I stand for Socialism and, I hope, India 
will stand for Socialism and that India will go towards the constitution of a Socialist State and I do 
believe that the whole world will have to go that way.
-Jawaharlal Nehru on framing the Constitution. 
CONSTITUENT ASSEMBLY DEBATES (CAD), VOL.I 
The Indian Constitution, which came into effect on 26 January 1950, holds the distinction of being 
one of the lengthiest Constitutionsin the world.This lesson gives insights into various aspects of the 
Indian Constitution.
After the World War II, which ended in 1945, India's independence from the British rule was 
around the corner. During the winter of 1945-46, general elections for India's provincial 
legislatures or assemblies were held. These legislatures elected the members of the 
Constituent Assembly that would draft the Constitution of India. Although, in December 1946, 
the Constituent Assembly was ready in place in New Delhi, the Muslim League's demand for a 
separate Pakistan delayed its work of creating the new Constitution. On August 15, 1947, 
after the last Viceroy of British-India Lord Louis Mountbatten declared India and Pakistan as 
two independent countries, the Constituent Assembly continued with its mandate to create 
the new Constitution for India. 
I. Constituent Assembly
UNIT 03: CHAPTER 3
Making of the Indian Constitution
155
Dr. B.R. Ambedkar is considered to be 
the principal architect of the 
Indian Constitution. 
(Photo sourced from 
http://c250.columbia.edu).
The Constituent Assembly had members mostly from the Congress Party with a few 
Communists and Independents. In 1885, Allan Octavian Hume, an Englishman had formed the 
Congress Party to enable Indian participation in the less popular British Government. In 1921, 
post World War I, Mohandas Karamchand Gandhi, (Mahatma Gandhi), assumed the leadership 
of the Congress Party and led the movement for India's independence. Although the 
Constituent Assembly was largely a one-party body, the Congress Party had arranged for a 
dozen of persons distinguished in law and public affairs to be elected to the Constituent 
Assembly to contribute to the making of the Constitution. India's first law minister, Bhimrao 
Ramji Ambedkar, was appointed the Chairman of the Constitution Drafting Committee. 
Therefore, Dr. Ambedkarhas been termed as the principal architect of the Indian 
Constitution. The Constituent Assembly had two roles to play- governance and the framing of 
the Constitution. In the mornings, it dealt with the governance matters and in the afternoons, 
it drafted the Constitution. 
The framers of the Indian Constitution, i.e. the Constituent Assembly, drew upon three 
sources to draft the Constitution. The first source was the foundation document or the base 
text- the Government of India Act of 1935, which was passed by the Parliament in London. 
This Act was the basis for the government and was in force in India from 1935 until 1950 when 
the Indian Constitution was adopted. 
The salient features of the 1935 Act were: 
it provided for a parliamentary system (but the ultimate power was kept with the 
British); 
it included a wide ranging administrative aspects for the structure of government; 
it created a centralized federal system; and it provided for elections to provincial 
legislatures or assemblies. 
The second source was the constitutions of other countries. They were used mostly with 
respect to the two chapters of the Constitution namely, the Fundamental Rights and the 
Directive Principles of State Policy.  As is described later in this section, fundamental rights 
largely deal with civil and political rights of citizens (for example: right to life, freedom of 
2. Sources of the Constitution



156
speech and expression) and the directive principles deal largely with the economic, social and 
cultural rights of the citizens (for example: right to health, and livelihood). 
The third source was the Objectives Resolution adopted in the December 1949 Assembly 
session. The Constitution derived its spirit from this source. The Objectives Resolution laid 
down the philosophy and the Constitution expressed it through its many lengthy and detailed 
provisions. Jawaharlal Nehru, the first Prime Minister of India, had drafted the Objectives 
Resolution drawing upon the Congress Party documents of the previous two decades. The 
Objectives Resolution called for the integrity of the Indian Union and that its authority and 
power were derived from the Indian people. It stated that all the people should be secured 
with regards to justice, social, economic and political- equality of status, of opportunity, and 
before the law; freedom of thought, expression, belief, faith, worship, vocation, association 
and action, subject to law and public morality. Furthermore, the Objectives Resolution 
provided for adequate safeguards for minorities, depressed and backward classes, and 
underdeveloped and tribal areas. The Objectives Resolution can be summarized to consist of 
three interdependent salient features:
1) protecting and enhancing national unity and integrity; 
2) establishing the institutions and spirit of democracy; and 
3) promoting a social revolution for the betterment of the citizens. 
The Indian Constitution was adopted on January 26, 1950. It consists of a preamble, 395 
articles and twelve schedules. The preamble is the introductory statement in the 
constitution. Articles are the provisions or rules and the schedules are like the annexures 
providing details on specific issues. The Constitution is detailed and lengthy and covers the 
entire nation and the central government and has uniform provisions for all the state 
governments. The provisions for both the central government and the state governments are 
consistent and based on the parliamentary systems. The President is the Head of the State of 
India. The President appoints Governors in each state. 
The Constitution begins with an introductory statement called the preamble. Based on the 
Objectives Resolution, it lays down the guiding principles and the philosophy for the 
Constitution.  It provides for unity and integrity of the country.
3. Description of the Indian Constitution
Preamble          
Page 4


154
………………….We are not going just to copy, I hope, a certain democratic procedure or an institution 
of a so-called democratic country. We may improve upon it. In any event whatever system of 
government we may establish here must fit in with the temper of our people and be acceptable to 
them. We stand for democracy. It will be for this House to determine what shape to give to that 
democracy, The fullest democracy, I hope. The House will notice that in this Resolution, although 
we have not used the word 'democratic' because we thought it is obvious that the word 'republic' 
contains that word and we did not want to use unnecessary words and redundant words, but we 
have done something much more than using the word. We have given the content of democracy in 
this Resolution and not only the content of democracy but the content, if I may say so, of economic 
democracy in this Resolution. Others might take objection to this Resolution on the ground that 
we have not said that it should be a Socialist State. Well, I stand for Socialism and, I hope, India 
will stand for Socialism and that India will go towards the constitution of a Socialist State and I do 
believe that the whole world will have to go that way.
-Jawaharlal Nehru on framing the Constitution. 
CONSTITUENT ASSEMBLY DEBATES (CAD), VOL.I 
The Indian Constitution, which came into effect on 26 January 1950, holds the distinction of being 
one of the lengthiest Constitutionsin the world.This lesson gives insights into various aspects of the 
Indian Constitution.
After the World War II, which ended in 1945, India's independence from the British rule was 
around the corner. During the winter of 1945-46, general elections for India's provincial 
legislatures or assemblies were held. These legislatures elected the members of the 
Constituent Assembly that would draft the Constitution of India. Although, in December 1946, 
the Constituent Assembly was ready in place in New Delhi, the Muslim League's demand for a 
separate Pakistan delayed its work of creating the new Constitution. On August 15, 1947, 
after the last Viceroy of British-India Lord Louis Mountbatten declared India and Pakistan as 
two independent countries, the Constituent Assembly continued with its mandate to create 
the new Constitution for India. 
I. Constituent Assembly
UNIT 03: CHAPTER 3
Making of the Indian Constitution
155
Dr. B.R. Ambedkar is considered to be 
the principal architect of the 
Indian Constitution. 
(Photo sourced from 
http://c250.columbia.edu).
The Constituent Assembly had members mostly from the Congress Party with a few 
Communists and Independents. In 1885, Allan Octavian Hume, an Englishman had formed the 
Congress Party to enable Indian participation in the less popular British Government. In 1921, 
post World War I, Mohandas Karamchand Gandhi, (Mahatma Gandhi), assumed the leadership 
of the Congress Party and led the movement for India's independence. Although the 
Constituent Assembly was largely a one-party body, the Congress Party had arranged for a 
dozen of persons distinguished in law and public affairs to be elected to the Constituent 
Assembly to contribute to the making of the Constitution. India's first law minister, Bhimrao 
Ramji Ambedkar, was appointed the Chairman of the Constitution Drafting Committee. 
Therefore, Dr. Ambedkarhas been termed as the principal architect of the Indian 
Constitution. The Constituent Assembly had two roles to play- governance and the framing of 
the Constitution. In the mornings, it dealt with the governance matters and in the afternoons, 
it drafted the Constitution. 
The framers of the Indian Constitution, i.e. the Constituent Assembly, drew upon three 
sources to draft the Constitution. The first source was the foundation document or the base 
text- the Government of India Act of 1935, which was passed by the Parliament in London. 
This Act was the basis for the government and was in force in India from 1935 until 1950 when 
the Indian Constitution was adopted. 
The salient features of the 1935 Act were: 
it provided for a parliamentary system (but the ultimate power was kept with the 
British); 
it included a wide ranging administrative aspects for the structure of government; 
it created a centralized federal system; and it provided for elections to provincial 
legislatures or assemblies. 
The second source was the constitutions of other countries. They were used mostly with 
respect to the two chapters of the Constitution namely, the Fundamental Rights and the 
Directive Principles of State Policy.  As is described later in this section, fundamental rights 
largely deal with civil and political rights of citizens (for example: right to life, freedom of 
2. Sources of the Constitution



156
speech and expression) and the directive principles deal largely with the economic, social and 
cultural rights of the citizens (for example: right to health, and livelihood). 
The third source was the Objectives Resolution adopted in the December 1949 Assembly 
session. The Constitution derived its spirit from this source. The Objectives Resolution laid 
down the philosophy and the Constitution expressed it through its many lengthy and detailed 
provisions. Jawaharlal Nehru, the first Prime Minister of India, had drafted the Objectives 
Resolution drawing upon the Congress Party documents of the previous two decades. The 
Objectives Resolution called for the integrity of the Indian Union and that its authority and 
power were derived from the Indian people. It stated that all the people should be secured 
with regards to justice, social, economic and political- equality of status, of opportunity, and 
before the law; freedom of thought, expression, belief, faith, worship, vocation, association 
and action, subject to law and public morality. Furthermore, the Objectives Resolution 
provided for adequate safeguards for minorities, depressed and backward classes, and 
underdeveloped and tribal areas. The Objectives Resolution can be summarized to consist of 
three interdependent salient features:
1) protecting and enhancing national unity and integrity; 
2) establishing the institutions and spirit of democracy; and 
3) promoting a social revolution for the betterment of the citizens. 
The Indian Constitution was adopted on January 26, 1950. It consists of a preamble, 395 
articles and twelve schedules. The preamble is the introductory statement in the 
constitution. Articles are the provisions or rules and the schedules are like the annexures 
providing details on specific issues. The Constitution is detailed and lengthy and covers the 
entire nation and the central government and has uniform provisions for all the state 
governments. The provisions for both the central government and the state governments are 
consistent and based on the parliamentary systems. The President is the Head of the State of 
India. The President appoints Governors in each state. 
The Constitution begins with an introductory statement called the preamble. Based on the 
Objectives Resolution, it lays down the guiding principles and the philosophy for the 
Constitution.  It provides for unity and integrity of the country.
3. Description of the Indian Constitution
Preamble          
157
THE CONSTITUTION OF INDIA 
Fundamental Rights and the Directive Principles of State Policy
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.
India was established as an 'Union of States' with a highly centralized federal structure with a 
strong center in relation with the states. The original preamble provided that India shall be a 
'sovereign democratic republic'. It was later, in 1976, that the words 'socialist' and 'secular' 
were added to the Preamble. The Constitution provides for adult suffrage to allow the citizens 
to vote and elect their representatives and the government.  This ensures the common 
participation of all in a democratic fashion. Other features of the Constitution - like creation 
of democratic political institutions and processes of the parliamentary system, creating an 
independent judiciary, and stipulating for civil and political, and economic and social rights 
for people – fulfill the democratic essence and social transformation agenda of the Preamble. 
Some of these features are described later in this section. 
In the Indian Constitution, the human rights provisions are set out in two chapters. Part III of 
the Constitution provides for Fundamental Rights, largely of political and civil nature, which 
are enforceable by a court of law. The rights in this chapter include (equality before the law, 
the right not be discriminated against on grounds of religion, race, caste, sex or place of 
birth, equal opportunity in matters of public employment, the abolition of untouchability, 
freedom of speech and expression, the right to form associations and unions, freedom of 
movement throughout, and to reside in, any part of the country, the right to practice any 
profession or occupation, protection upon conviction for offences, right to life and personal 
liberty, protection at the time of arrest and detention, the prohibition of traffic in human 
beings and forced labor, the prohibition of employment of children in factories and other 
hazardous employment, freedom of conscience, profession, practice and propagation of 
religionand management of religious affairs, and the protection of cultural and educational 
rights of the minorities.) This chapter was revolutionary as it broke the barriers of the Indian 
traditional and hierarchical society that did not recognize the principles of individual 
equality.  
Page 5


154
………………….We are not going just to copy, I hope, a certain democratic procedure or an institution 
of a so-called democratic country. We may improve upon it. In any event whatever system of 
government we may establish here must fit in with the temper of our people and be acceptable to 
them. We stand for democracy. It will be for this House to determine what shape to give to that 
democracy, The fullest democracy, I hope. The House will notice that in this Resolution, although 
we have not used the word 'democratic' because we thought it is obvious that the word 'republic' 
contains that word and we did not want to use unnecessary words and redundant words, but we 
have done something much more than using the word. We have given the content of democracy in 
this Resolution and not only the content of democracy but the content, if I may say so, of economic 
democracy in this Resolution. Others might take objection to this Resolution on the ground that 
we have not said that it should be a Socialist State. Well, I stand for Socialism and, I hope, India 
will stand for Socialism and that India will go towards the constitution of a Socialist State and I do 
believe that the whole world will have to go that way.
-Jawaharlal Nehru on framing the Constitution. 
CONSTITUENT ASSEMBLY DEBATES (CAD), VOL.I 
The Indian Constitution, which came into effect on 26 January 1950, holds the distinction of being 
one of the lengthiest Constitutionsin the world.This lesson gives insights into various aspects of the 
Indian Constitution.
After the World War II, which ended in 1945, India's independence from the British rule was 
around the corner. During the winter of 1945-46, general elections for India's provincial 
legislatures or assemblies were held. These legislatures elected the members of the 
Constituent Assembly that would draft the Constitution of India. Although, in December 1946, 
the Constituent Assembly was ready in place in New Delhi, the Muslim League's demand for a 
separate Pakistan delayed its work of creating the new Constitution. On August 15, 1947, 
after the last Viceroy of British-India Lord Louis Mountbatten declared India and Pakistan as 
two independent countries, the Constituent Assembly continued with its mandate to create 
the new Constitution for India. 
I. Constituent Assembly
UNIT 03: CHAPTER 3
Making of the Indian Constitution
155
Dr. B.R. Ambedkar is considered to be 
the principal architect of the 
Indian Constitution. 
(Photo sourced from 
http://c250.columbia.edu).
The Constituent Assembly had members mostly from the Congress Party with a few 
Communists and Independents. In 1885, Allan Octavian Hume, an Englishman had formed the 
Congress Party to enable Indian participation in the less popular British Government. In 1921, 
post World War I, Mohandas Karamchand Gandhi, (Mahatma Gandhi), assumed the leadership 
of the Congress Party and led the movement for India's independence. Although the 
Constituent Assembly was largely a one-party body, the Congress Party had arranged for a 
dozen of persons distinguished in law and public affairs to be elected to the Constituent 
Assembly to contribute to the making of the Constitution. India's first law minister, Bhimrao 
Ramji Ambedkar, was appointed the Chairman of the Constitution Drafting Committee. 
Therefore, Dr. Ambedkarhas been termed as the principal architect of the Indian 
Constitution. The Constituent Assembly had two roles to play- governance and the framing of 
the Constitution. In the mornings, it dealt with the governance matters and in the afternoons, 
it drafted the Constitution. 
The framers of the Indian Constitution, i.e. the Constituent Assembly, drew upon three 
sources to draft the Constitution. The first source was the foundation document or the base 
text- the Government of India Act of 1935, which was passed by the Parliament in London. 
This Act was the basis for the government and was in force in India from 1935 until 1950 when 
the Indian Constitution was adopted. 
The salient features of the 1935 Act were: 
it provided for a parliamentary system (but the ultimate power was kept with the 
British); 
it included a wide ranging administrative aspects for the structure of government; 
it created a centralized federal system; and it provided for elections to provincial 
legislatures or assemblies. 
The second source was the constitutions of other countries. They were used mostly with 
respect to the two chapters of the Constitution namely, the Fundamental Rights and the 
Directive Principles of State Policy.  As is described later in this section, fundamental rights 
largely deal with civil and political rights of citizens (for example: right to life, freedom of 
2. Sources of the Constitution



156
speech and expression) and the directive principles deal largely with the economic, social and 
cultural rights of the citizens (for example: right to health, and livelihood). 
The third source was the Objectives Resolution adopted in the December 1949 Assembly 
session. The Constitution derived its spirit from this source. The Objectives Resolution laid 
down the philosophy and the Constitution expressed it through its many lengthy and detailed 
provisions. Jawaharlal Nehru, the first Prime Minister of India, had drafted the Objectives 
Resolution drawing upon the Congress Party documents of the previous two decades. The 
Objectives Resolution called for the integrity of the Indian Union and that its authority and 
power were derived from the Indian people. It stated that all the people should be secured 
with regards to justice, social, economic and political- equality of status, of opportunity, and 
before the law; freedom of thought, expression, belief, faith, worship, vocation, association 
and action, subject to law and public morality. Furthermore, the Objectives Resolution 
provided for adequate safeguards for minorities, depressed and backward classes, and 
underdeveloped and tribal areas. The Objectives Resolution can be summarized to consist of 
three interdependent salient features:
1) protecting and enhancing national unity and integrity; 
2) establishing the institutions and spirit of democracy; and 
3) promoting a social revolution for the betterment of the citizens. 
The Indian Constitution was adopted on January 26, 1950. It consists of a preamble, 395 
articles and twelve schedules. The preamble is the introductory statement in the 
constitution. Articles are the provisions or rules and the schedules are like the annexures 
providing details on specific issues. The Constitution is detailed and lengthy and covers the 
entire nation and the central government and has uniform provisions for all the state 
governments. The provisions for both the central government and the state governments are 
consistent and based on the parliamentary systems. The President is the Head of the State of 
India. The President appoints Governors in each state. 
The Constitution begins with an introductory statement called the preamble. Based on the 
Objectives Resolution, it lays down the guiding principles and the philosophy for the 
Constitution.  It provides for unity and integrity of the country.
3. Description of the Indian Constitution
Preamble          
157
THE CONSTITUTION OF INDIA 
Fundamental Rights and the Directive Principles of State Policy
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.
India was established as an 'Union of States' with a highly centralized federal structure with a 
strong center in relation with the states. The original preamble provided that India shall be a 
'sovereign democratic republic'. It was later, in 1976, that the words 'socialist' and 'secular' 
were added to the Preamble. The Constitution provides for adult suffrage to allow the citizens 
to vote and elect their representatives and the government.  This ensures the common 
participation of all in a democratic fashion. Other features of the Constitution - like creation 
of democratic political institutions and processes of the parliamentary system, creating an 
independent judiciary, and stipulating for civil and political, and economic and social rights 
for people – fulfill the democratic essence and social transformation agenda of the Preamble. 
Some of these features are described later in this section. 
In the Indian Constitution, the human rights provisions are set out in two chapters. Part III of 
the Constitution provides for Fundamental Rights, largely of political and civil nature, which 
are enforceable by a court of law. The rights in this chapter include (equality before the law, 
the right not be discriminated against on grounds of religion, race, caste, sex or place of 
birth, equal opportunity in matters of public employment, the abolition of untouchability, 
freedom of speech and expression, the right to form associations and unions, freedom of 
movement throughout, and to reside in, any part of the country, the right to practice any 
profession or occupation, protection upon conviction for offences, right to life and personal 
liberty, protection at the time of arrest and detention, the prohibition of traffic in human 
beings and forced labor, the prohibition of employment of children in factories and other 
hazardous employment, freedom of conscience, profession, practice and propagation of 
religionand management of religious affairs, and the protection of cultural and educational 
rights of the minorities.) This chapter was revolutionary as it broke the barriers of the Indian 
traditional and hierarchical society that did not recognize the principles of individual 
equality.  
158
The Directive Principles of State Policy are included in Chapter IV of the Constitution. These 
are the guiding principles governing state policies in the social sector. They are interpreted as 
economic and social rights and are classically socialist in nature and fulfill the social 
revolution agenda of the preamble. The provisions are not enforceable by any court of law, 
but provide guidance in carrying out and drafting laws regarding human and social 
development. The provisions laid in this part include- right to an adequate means of 
livelihood; right to equal pay for equal work for both men and women; right to healthy 
working conditions for men, women and children; protection to children against exploitation 
and against moral and material abandonment; provision for equal justice and free legal aid; 
organization of village panchayats or local village bodies as units of self-governments; right 
to work, to education and to public assistance in cases of unemployment, old age, sickness 
and disablement; provision for just and humane conditions of work and maternity relief; 
provision for work and living wage for workers; provision for a uniform civil code for the 
citizens; promotion of educational and economic interests of weaker sections; provision to 
raise the level of nutrition and the standard of living and to improve public health; provision 
for preserving and improving the animal breeds; protection and improvement of 
environment and safeguarding of forests and wild life; protection of monuments and places 
and objects of national importance; provision for separation of judiciary from executive; 
and promotion of international peace and security.
Enforcement of the Directive Principle of State Policy under the Indian 
Constitution In the case of Randhir Singh v. Union of India & others. The 
Hon'ble  Supreme Court in its judgment enforced one of the directive 
principles of state policy. The  relevant part of the Supreme Court judgment 
reads as follows : 
“8. ……..Article 39(d) of the Constitution proclaims 'equal pay for equal work for both men 
and women' as a directive principle of State Policy. 'Equal pay for equal work for both men 
and women' means equal pay for equal work for everyone and as between the sexes. 
Directive principles, as has been pointed out in some of the judgments of this Court, have 
to be read into the fundamental rights as a matter of interpretation. Article 14 of the 
Constitution enjoins the State not to deny any person equality before the law or the equal 
protection of the laws and Article 16 declares that there shall be equality of opportunity 
for all citizens in matters relating to employment or appointment to any office under the 
State………Construing Articles 14 and 16 in the light of the Preamble and Article 39(d) we 
are of the view that the principle 'Equal pay for Equal work' is 'deducible from those Article 
and may be properly applied to cases of unequal scales of pay based on no classification or 
irrational classification, though these drawing the different scales of pay do identical 
work under the same employer.”