Polity ยท Chapter 01

๐Ÿ“œ Constitution of India

Features, Preamble, sources, schedules and key amendments.

๐Ÿ“œ The Supreme Law of the Land

The Constitution of India came into force on January 26, 1950 (Republic Day). It was drafted by the Constituent Assembly (December 9, 1946 โ€“ November 26, 1949). Dr. B.R. Ambedkar was the Chairman of the Drafting Committee โ€” called the "Father of the Indian Constitution."

Key facts: Originally 395 Articles, 8 Schedules, 22 Parts. Now (2024): 448 Articles, 12 Schedules, 25 Parts. Longest written constitution in the world. India borrowed from many constitutions worldwide.

Preamble โ€” the soul and mirror of the Constitution. Key words:
"We, the people of India... SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC..."
โ€ข Sovereign โ€” independent, no external control
โ€ข Socialist โ€” added by 42nd Amendment (1976)
โ€ข Secular โ€” added by 42nd Amendment (1976)
โ€ข Democratic โ€” elected representatives, universal adult franchise
โ€ข Republic โ€” elected head of state (President, not hereditary king)

๐ŸŒ Sources of Indian Constitution โ€” SSC/UPSC must-know

UK โ€” Parliamentary system, Rule of Law, Bicameralism, Cabinet system, Writs
USA โ€” Fundamental Rights, Judicial Review, Impeachment, Written Constitution, Preamble
Ireland โ€” DPSP (Directive Principles of State Policy), Nomination to Rajya Sabha
Canada โ€” Federation with strong Centre, Residuary powers with Centre
Australia โ€” Concurrent List, Joint sitting of Parliament
Germany โ€” Suspension of Fundamental Rights during Emergency
USSR โ€” Fundamental Duties, Socio-economic rights
South Africa โ€” Amendment procedure, Election of Rajya Sabha members
Japan โ€” Procedure established by law

๐Ÿ“‹ 12 Schedules of the Constitution

1st โ€” Names of States and UTs
2nd โ€” Salaries of President, Governors, Judges, CAG
3rd โ€” Forms of Oaths and Affirmations
4th โ€” Allocation of seats in Rajya Sabha
5th โ€” Scheduled Areas and Scheduled Tribes administration
6th โ€” Tribal Areas in NE states
7th โ€” Union List, State List, Concurrent List
8th โ€” 22 Official Languages
9th โ€” Acts and Regulations protected from judicial review
10th โ€” Anti-Defection Law (added by 52nd Amendment 1985)
11th โ€” Panchayati Raj (73rd Amendment)
12th โ€” Municipalities (74th Amendment)

๐ŸŽฌ

Sources of the Indian Constitution

Animation
SOURCES OF INDIAN CONSTITUTION โ€” CLICK EACH COUNTRY Indian Constitution 1950 ๐Ÿ‡ฌ๐Ÿ‡ง UK Parliament ๐Ÿ‡บ๐Ÿ‡ธ USA Fundamental Rights ๐Ÿ‡ฎ๐Ÿ‡ช Ireland DPSP ๐Ÿ‡จ๐Ÿ‡ฆ Canada Strong Centre ๐Ÿ‡ฆ๐Ÿ‡บ Australia Concurrent List ๐Ÿ‡ฉ๐Ÿ‡ช Germany Emergency CLICK A COUNTRY TO SEE WHAT INDIA BORROWED The Indian Constitution is a carefully crafted blend of the world best constitutional ideas.

India studied 60+ constitutions before drafting its own. The Constituent Assembly debated for 2 years, 11 months, 17 days.

๐Ÿ“œ

Constitution Key Facts Explorer

Interactive
AdoptedNovember 26, 1949 (Constitution Day)
EnforcedJanuary 26, 1950 (Republic Day)
Key words addedSocialist, Secular added by 42nd Amendment 1976
ObjectiveJustice, Liberty, Equality, Fraternity
AuthorJawaharlal Nehru moved the Objectives Resolution in 1946
Practice (SSC/UPSC): What is the Basic Structure Doctrine? Name the case that established it.
Basic Structure Doctrine โ€” established in the landmark Kesavananda Bharati v. State of Kerala (1973) case (13-judge Constitution Bench, largest ever in SC history).

The SC held (7:6 majority) that while Parliament can amend the Constitution under Article 368, it CANNOT alter or destroy the "basic structure" or essential features of the Constitution.

Basic Structure includes (not exhaustive list):
โ€ข Supremacy of the Constitution
โ€ข Republican and democratic form of government
โ€ข Secular character
โ€ข Separation of powers
โ€ข Federal character
โ€ข Unity and integrity of India
โ€ข Judicial review
โ€ข Free and fair elections
โ€ข Rule of Law
โ€ข Parliamentary system

Before this case: Parliament claimed unlimited power to amend. After this case: Parliament cannot destroy what makes India, India.

Significance: Used to strike down 39th Amendment (1975, which put President's election beyond judicial review) and to uphold independence of judiciary.
Practice (SSC): What was the 42nd Amendment? Why is it called the "Mini Constitution"?
The 42nd Constitutional Amendment Act, 1976 โ€” passed during Emergency under PM Indira Gandhi โ€” is called the "Mini Constitution" because it made the most sweeping changes ever to the Constitution.

Key changes made by 42nd Amendment:
โ€ข Added "Socialist" and "Secular" to the Preamble
โ€ข Added "Integrity" to the Preamble
โ€ข Added 10 Fundamental Duties (Article 51A) โ€” borrowed from USSR
โ€ข Made DPSP superior to Fundamental Rights (later struck down)
โ€ข Extended Emergency provisions and Centre's power over states
โ€ข Added 3 more subjects to Concurrent List
โ€ข Curtailed power of courts to review constitutional amendments
โ€ข Extended Lok Sabha and state assembly terms from 5 to 6 years (reversed by 44th Amendment)

The 44th Amendment (1978) โ€” passed by Janata Party โ€” reversed many 42nd Amendment changes, especially those that weakened the judiciary and emergency safeguards.

Mnemonic: 42nd = Indira Gandhi tightened Centre. 44th = Janata loosened it back.