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Constituent Assembly DeConstituent Assembly Debate on Preamble - Background & Views of Members bate on Preamble - Views of Different Members for UPSC!

Last Updated on May 03, 2023
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The members took up the Constituent Assembly debate on the Preamble on October 17th, 1949, to amend the draft document and finalize the Preamble. The debate surrounding the Preamble focused on mentioning “God” and “Gandhi,” as well as the name of India.

Jawaharlal Nehru authored the preamble based on the Objectives Resolution and moved it through the Constituent Assembly on December 13th, 1946, it was approved on November 26th, 1949, and it came into effect on January 26th, 1950.

In this article, let us look at the Constituent Assembly debate on the Preamble UPSC, the views of several members of the Assembly, and the inclusion of the terms God and Gandhi in the Preamble as required for the UPSC Examination since the topic is important from the context of the Indian Polity section which is a part of UPSC mains GS 2 paper and prelims GS paper 1.

Check out the linked article to download the notes on Indian Polity for UPSC Exams now!

Debate on Preamble – A Brief Background

On October 17th, 1949, the Constituent Assembly debate on the Preamble was taken up. The controversy surrounding the Preamble centered on the mention of “God” and “Gandhi,” as well as the name of India.

  • One member requested that India be renamed the “Union of India Socialistic Republics,” in the style of the USSR. This proposition was not well received by the members since they believed it would conflict with the recently approved constitutional framework.
  • Another participant wanted to add, “In the name of God.” Many opposed this idea because putting “God” up for a vote was unpleasant. According to one participant, mentioning “God” would amount to a “compulsion of faith” and go against the fundamental right to freedom of faith.
  • Gandhi’s name inserted into the Preamble was yet another suggestion. As he believed the Indian constitution was founded on American Supreme Court rulings and the Government of India Act, a member expressed his displeasure with the already adopted draft regulations. He objected to any connection between Gandhi and the “rotten Constitution.”
  • The members’ proposed amendments were rejected. However, this was one of the few times during the Assembly proceedings that the members cast a show of hands vote on the motion to include “God.” The Assembly was split, with 68 voting against it and 41 supporting it.
  • The Preamble was approved by the Assembly in its original form by the Drafting Committee.

प्रस्तावना पर संविधान सभा की बहस – यूपीएससी के लिए विभिन्न सदस्यों के विचारों को यहां हिंदी में जानें!

When was the Preamble Adopted?

The Objectives Resolution, which Jawaharlal Nehru prepared and introduced in the Constituent Assembly on December 13, 1946, adopted by the Constituent Assembly on November 26, 1949, and came into being on January 26th, 1950, is the basis for the preamble of the Indian Constitution.

Check out the linked article to download the notes on Making the Indian Constitution for UPSC Exams now!

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Constituent Assembly Debate On Preamble

The debate on the Preamble of the Indian Constitution has revolved around interpreting and understanding its text and the principles it embodies. The Preamble serves as an introductory statement and sets out the Constitution's fundamental values, objectives, and aspirations. The Constituent Assembly adopted it on November 26, 1949.

On October 17, 1949, the Constituent Assembly's Preamble Debate was started. The Preamble's use of the words "God" and "Gandhi," as well as the name of India, sparked debate. About the Soviet Union, one participant proposed renaming India the "Union of India Socialistic Republics." Members opposed this concept because they believed it would interfere with the previously established constitutional framework. The conversations during the session on the Constituent Assembly's Preamble Debate are listed below.

View of Prof K T Shah

  • The Preamble’s inclusion of the terms “Secular, Federal, Socialist” was argued for by Prof. K. T. Shah.
  • He concentrated on the state’s secular nature by examining its historical experiences. He argued that including the word “secular” will reassure the people about issues relating to the country’s governance that deal with injustice or inequality among citizens.
  • He defined “socialist” as the condition in which everyone enjoys equal rights and opportunities by giving their labor, knowledge, and skills to the best of their capacities. People can anticipate a respectable standard of living in return.
  • He proposed the term “federal” since he did not prefer the Indian Union to be a unitary entity. He defined “federal” as an agreed-upon partnership on equal terms between the states making up the Federation.
  • He claimed that including these terms in the preamble would aid in upholding the Constitution’s principles.

View of Dr. B R Ambedkar

  • By claiming that “India cannot become a socialist nation since the social and economic policies of a country are to be determined by the citizens solely by the time and situations,” Ambedkar denied Prof. K.T. Shah’s suggestion.
  • The spirit of democracy and freedom will be completely shattered if incorporated into the preamble because people won’t be free to choose what they want.
  • Most individuals nowadays may easily accept that society is better off when organized socially rather than capitalistically. Intelligent individuals could, however, create a brand-new social structure that would be superior to the socialist setup of today or tomorrow.
  • Prof. Shah doesn’t seem to have considered that, in addition to the Fundamental Rights contained in the Constitution, the Assembly also added additional provisions concerned with directive principles of state policy, claims Dr. B.R. Ambedkar.
  • If Mr. Shah examines the Articles in Part IV, he will realize that the Constitution imposes specific requirements for the Legislature and the Executive on the policy-making framework.

View of Maulana Hasrat Mohani

  • The Preamble proposed by BR Ambedkar, “We, the People of India, having solemnly resolved to organize India into a sovereign, democratic republic,” was strongly opposed by Maulana Hasrat Mohani.
  • In addition to being a celebrated Urdu poet and the creator of the slogan Inquilab Zindabad, Maulana Hasrat Mohani served as a leader of the Indian National Congress.
  • He said that the Objectives Resolution contained the words the Independent Sovereign Republic.
  • However, since the term “Sovereign” typically connotes independence, the Drafting Committee adopted the phrase the Sovereign Democratic Republic.
  • He urged the Constituent Assembly to choose the following three sets of words that should be used in the Preamble before going over the Draft Constitution clause by clause.
    • Sovereign Independent Republic
    • Sovereign Democratic Republic
    • Sovereign Democratic State.
  • The phrase “Sovereign Democratic Republic” was chosen after thoughtful consideration.

View of Mr. H.V Kamath

  • Mr. H.V. Kamath approved Mr. K.T. Shah’s proposal. Considering that the House has rejected the term “federal” for the phrase Union, he thinks they must make clear the status of the States.
  • Provinces, states, or chief commissioners’ provinces are not all created equally, as Mr. Shah pointed out. To ensure clarity, accuracy, and precision in constitutional terms, we must define the relationship or status of the States as between themselves. Thus, Professor Shah’s amendment is wholly appropriate.
  • No state should be considered superior in a Constitution with a federal framework. We must establish what it means for all states to be equal. If there exists a state, administration, or system that is superior, it should be the Union Government’s administration.
  • Additionally, he suggested that the Preamble starts with “In the name of God, We, the people of India…”.

View of Thirumala Rao

  • In a House of 300 people, the amendment shouldn’t be put to a vote regardless of whether India wants God.
  • He continued by saying that although the Oath should mention God, individuals who do not believe in God have a choice; however, there is no way to reach a consensus that satisfies both components of the Preamble.

View of Shibban Lal Saksena

  • He suggested changing the Preamble to read: “In the name of God the Almighty, under whose inspiration and guidance, the Father of our Nation, Mahatma Gandhi, led the Nation from slavery to freedom, by unique adherence to the eternal principles of Satya and Ahimsa, and who sustained millions of our countrymen and the Nation’s martyrs.”

View of Brajeshwar Prasad

  • He disagreed with Shibban Lal Saksena’s points of view. Since the Constitution was not a Gandhian constitution, he opposed the inclusion of Mahatma Gandhi’s name.
  • The foundations of this Constitution are judgments taken by the US Supreme Court. It’s essentially a repetition of the Government of India Act of 1935.
  • The word “secular” ought to “be put in the Preamble since it will enhance minorities’ morale,” he added.
  • He also demanded the inclusion of the word “Socialist” in the Preamble.
  • Since “sovereignty leads to war; sovereignty leads to imperialism,” he was against “any undue emphasis on the term sovereignty.”
  • His proposal was turned down.

View of Govind Malaviya

  • He had offered an amendment proposal that read: “By the mercy of Parameshwar, the Supreme Being and Lord of the Universe,” says the narrator (called by different names by different peoples of the world). Whom all that is good and wise flows from, and who is the ultimate source of all authority, We, the people of Bharata (India), humbly confess our devotion to Him, gratefully remembering our great leader Mahatma Mohandas Karamchand Gandhi and the many sons and daughters of our land who have toiled, battled and suffered for our freedom…”.

View of B.M. Gupte

  • Shri B.M. Gupte explained that Dr. B.R. Ambedkar intended to negate the right of secession by using the word "Union."
  • There is still a potential that the Provinces' ability to separate may still exist if the word "Union" is removed.
  • He claims a clause in the initial Instrument of Accession allows the Indian states that signed it to secede after having a chance to review the Constitution. But they could not have the right if they joined after the Constitution took effect. India can continue to have a decentralised unitary government in the form of a Union.
  • He believes India is a federation apart from the Union because the provinces have broad legislative authority over various areas.

Check out the linked article to download the notes on Major Amendments of the Constitution for UPSC Exams now!

Gandhi and the Preamble

In the 1949 Constituent Assembly, a major debate was sparked by including the words "God" and "Gandhi" in the Preamble. HV Kamath proposed a revision that would put "In the name of God" before the words "We, the people of India," which opened the Preamble. Dr. Rajendra Prasad, who was presiding over the discussion, advised Kamath not to press for the amendment since it was improper for Gandhi or God to be subject to an Assembly vote. Saxena thought about the complaints about Gandhi and God being mentioned in the Preamble, pointing out that the Irish Constitution began by praising God and honoring its martyrs.

Since the Constitution was not founded on Gandhian principles but on the Government of India Act of 1935 and US Supreme Court rulings, Brajeshwar Prasad opposed Gandhi's inclusion in the Preamble. Although JB Kripalani countered that Gandhi's name shouldn't be in the Constitution since it "may be altered at any moment," Saxena withdrew his amendment.

To Invoke God, or not to?

In the name of God” was something a few members of the Constituent Assembly wished to include. Many people objected to this idea, stating that putting “God” up for a vote was unfair.

  • As it reflected the culture of Indian civilization to pray to God for gaining strength, courage, and knowledge, Kamath said he was confident the people would support his request to include the term God.
  • “To most believers and non-believers, confirming or denying God will be impossible. Let’s not waste our time trying to evoke his name,” argued Purnima Banerji. Despite claiming believers, some members believed it immoral to force their beliefs on others without faith in God. AT Pillai stated that such a mandate would violate the right to freedom of religion.
  • Govind Malaviya pushed for a division on Kamath’s amendment. Malaviya said, “I would like a division since I feel that we are doing an injustice to this nation and its people, and I’d like to know who thinks what on this topic,” in an accusing manner so characteristic the Hindu Right.
  • Malaviya was outsmarted by Dr. Prasad, who used a procedural rule to prevent recording who voted for and against the amendment, which received 41 votes for and 68 votes against the proposal.

However, the conflict over God was far from over. In those days, only the sturdy could reject amendments that combined God and Gandhi.

Check out the linked article to download the notes on Constitutional Morality for UPSC Exams now!

Constituent Assembly Debate On Preamble – Conclusion

It was a historic moment when the Constitution was finished and approved. In forming the Constitution, which is now recognized as a remarkable democratic accomplishment for which the members deserve immense respect, the Constituent Assembly Debates play a significant part. The creators of the Indian Constitution wanted India to be a sovereign, independent, and democratic republic from the beginning and a secular, federal, and socialist nation. They desired India to be a highly formed democratic republic that upheld all of the fundamental principles, features, and elements of a democratic republic.

Constituent Assembly Debate On Preamble UPSC Previous Year Questions
  1. Discuss each adjective attached to the word ‘Republic’ in the ‘Preamble.’ Are they defendable in the present circumstances? [UPSC CSE 2016]

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Constituent Assembly Debate On Preamble FAQs

The preamble was acknowledged as a part of the Constitution following the 1973 Kesavanand Bharati case verdict. The preamble can be altered as a component of the Constitution under Article 368, however, the preamble's fundamental structure cannot be changed.

The Constitution's founding principles and goals are outlined in the Preamble. It provides the Constitution, its direction, and its purpose. Additionally, it enshrines the overarching objectives and socioeconomic targets that must be accomplished through constitutional procedures.

It definitely has no legal effect. Although the Preamble to our Constitution is a part of it, judges cannot enforce it. This implies that courts cannot compel the Indian government to carry out the Preamble's principles.

Pandit Jawahar Lal Nehru authored and suggested the Objective Resolution, which serves as the foundation for a substantial portion of the Indian Preamble.

The Indian Constituent Assembly approved the Preamble on November 26th, 1949 and it came into being on January 26th, 1950.

The Constituent Assembly Debate On Preamble was initiated on October 17th, 1949.

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