Philosophy of the Constitution

Every Constitution has a philosophy of its own. For understanding the philosophy underlying the Constitution of India, one must look back to the historic Objectives Resolution moved by Pandit Nehru and adopted by the Constituent Assembly on 22 January 1947, which inspired the shaping of the Constitution in all its stages.

The Objectives Resolution

The Objectives Resolution declared:

1. Proclamation of Independence
   The Constituent Assembly declared its firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up a Constitution for her future governance.

2. Union of Territories
   The territories comprising British India, the Indian States, and such other parts of India outside British India and the States as are willing to be constituted into Independent Sovereign India, would form a Union.

3. Autonomous Units
   The said territories, whether with their present boundaries or as determined by the Constituent Assembly, would possess the status of autonomous units, with residuary powers, exercising all powers and functions of government and administration except those assigned to the Union.

4. Power Derived from the People
   All power and authority of Sovereign Independent India, its constituent parts, and organs of Government would be derived from the people.

5. Guarantees to Citizens
   The Constitution would guarantee to all people of India:

   • Justice: social, economic, and political

   • Equality: of status, opportunity, and before the law

   • Freedom: of thought, expression, belief, faith, worship, vocation, association, and action (subject to law and public morality).

6. Safeguards for Vulnerable Groups
   Adequate safeguards would be provided for minorities, backward and tribal areas, and depressed and other backward classes.

7. Integrity and Sovereign Rights
   The integrity of the territory of the Republic and its sovereign rights on land, sea, and air would be maintained according to justice and international law.

8. Global Contribution
   India, as an ancient land, would attain her rightful place in the world and contribute to world peace and the welfare of mankind.

In Pandit Nehru’s words, the Resolution was “something more than a resolution. It is a declaration, a firm resolve, a pledge, an undertaking and for all of us a dedication.”

The Preamble and Its Significance

The Resolution is faithfully reflected in the Preamble to the Constitution, which, after its 1976 amendment, reads:

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

• 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.

Purpose of the Preamble

The Preamble serves two important purposes:

1. It indicates the source from which the Constitution derives its authority.

2. It states the objects which the Constitution seeks to establish and promote.

The Supreme Court of India has explained that though the Preamble is not enforceable in a court of law, it provides guidance in interpreting the ambiguous provisions of the Constitution.