Constitution of India
Preamble, Salient Features, Sources, Historical Background
Overview
The Constitution of India is the supreme law of the land, adopted on 26 November 1949 and enforced on 26 January 1950. It provides the framework for governance, fundamental rights, and the relationship between the state and citizens.
Understanding the historical evolution helps you grasp why certain features exist. The Constitution is not just a legal document but a social charter reflecting India's struggle for independence and its aspirations for justice, liberty, and equality. Mastery of this topic enables you to answer both factual recall questions and application-based reasoning on constitutional provisions.
Key Concepts
- Constituent Assembly: Formed under the Cabinet Mission Plan (1946), it had 389 members initially (reduced to 299 after partition). Dr. Rajendra Prasad was the permanent Chairman; Dr. B.R. Ambedkar chaired the Drafting Committee.
- Preamble as the Soul: The Preamble declares India a Sovereign, Socialist, Secular, Democratic Republic and outlines justice, liberty, equality, and fraternity as core objectives. It is non-justiciable but aids interpretation (Kesavananda Bharati case, 1973).
- 42nd Amendment (1976): Added "Socialist," "Secular," and "Integrity" to the Preamble during the Emergency under Indira Gandhi.
- Lengthiest Written Constitution: Originally 395 Articles, 22 Parts, 8 Schedules; now 470+ Articles and 12 Schedules—reflects India's diversity and federal complexity.
- Blend of Rigidity and Flexibility: Some provisions need simple majority, others require special majority, and a few need ratification by states—neither purely rigid nor purely flexible.
- Federal with Unitary Bias: Division of powers between Centre and States, but Centre holds more power during emergencies (strong Centre concept).
- Single Citizenship: Unlike the USA, India provides only Indian citizenship—no separate state citizenship.
- Independent Judiciary with Judicial Review: Supreme Court can strike down laws violating the Constitution, ensuring checks and balances.
Formulas / Key Facts
| Fact | Detail |
|---|---|
| Constitution adopted | 26 November 1949 (Constitution Day) |
| Constitution enforced | 26 January 1950 (Republic Day) |
| Time taken to draft | 2 years, 11 months, 18 days |
| Drafting Committee members | 7 (Ambedkar as Chairman) |
| Original Articles/Schedules | 395 Articles, 8 Schedules, 22 Parts |
| Current Schedules | 12 Schedules |
| First Amendment | 1951 (added Ninth Schedule) |
| Preamble keywords | Sovereign, Socialist, Secular, Democratic, Republic |
| "We, the People" | Popular sovereignty—power derived from citizens |
Sources of the Constitution:
| Feature | Borrowed From |
|---|---|
| Parliamentary system, Rule of Law, Writs | Britain |
| Fundamental Rights, Judicial Review, Independence of Judiciary | USA |
| Directive Principles of State Policy | Ireland |
| Federation with strong Centre, Residuary powers | Canada |
| Concurrent List, Freedom of Trade | Australia |
| Emergency provisions, Suspension of Fundamental Rights | Germany (Weimar) |
| Fundamental Duties | USSR |
| Amendment procedure | South Africa |
| Republic, Liberty, Equality, Fraternity | France |
Worked Examples
Example 1: Preamble Amendment Question
Q: Which words were added to the Preamble by the 42nd Amendment?
Solution:
- Before 1976: "Sovereign Democratic Republic"
- After 42nd Amendment (1976): "Sovereign Socialist Secular Democratic Republic"
- Also added: "Integrity" (unity and integrity of the Nation)
Answer: Socialist, Secular, and Integrity.
Example 2: Source Identification
Q: From which country did India borrow the concept of Directive Principles of State Policy?
Solution:
- DPSPs are guidelines for the state to achieve socio-economic justice
- This concept exists in the Irish Constitution (influenced by Spanish Constitution)
- Article 36–51 of Indian Constitution contains DPSPs
Answer: Ireland.
Example 3: Constituent Assembly Fact
Q: Who moved the "Objectives Resolution" in the Constituent Assembly?
Solution:
- The Objectives Resolution outlined the philosophy and guiding principles
- Moved on 13 December 1946
- Mover: Jawaharlal Nehru
- This resolution later became the basis for the Preamble
Answer: Jawaharlal Nehru.
Common Mistakes
- Confusing adoption and enforcement dates → Remember: Adopted on 26 Nov 1949, Enforced on 26 Jan 1950.
- Thinking the Preamble is not part of the Constitution (the Berubari, 1960 view) → The Supreme Court in Kesavananda Bharati (1973) held that the Preamble IS part of the Constitution and can be amended under Article 368, but subject to basic structure.
- Assuming India borrowed federalism from USA → India's federal structure (strong Centre, residuary powers with Centre) comes from Canada, not USA.
- Believing Fundamental Duties were original → Fundamental Duties were added by the 42nd Amendment (1976) based on the Swaran Singh Committee recommendation, borrowed from the USSR.
- Mixing up Drafting Committee Chairman with Constituent Assembly President → Ambedkar chaired the Drafting Committee; Rajendra Prasad was the President of the Constituent Assembly.
Quick Reference
- 26 Nov 1949 = Adopted; 26 Jan 1950 = Enforced.
- Preamble amended once by 42nd Amendment (1976)—added Socialist, Secular, Integrity.
- Drafting Committee = 7 members, Ambedkar as Chairman.
- Longest Constitution in the world—reflects India's diversity.
- DPSPs from Ireland, Fundamental Rights from USA, Parliamentary system from Britain.
- Basic Structure doctrine (1973)—Preamble aids interpretation, Parliament cannot destroy core values.