1. The Constituent Assembly
The Constituent Assembly of India was established under the Cabinet Mission Plan of May 1946. Its composition and key facts:
| Feature | Detail |
|---|---|
| Total strength | 389 members (292 from British India provinces + 4 from Chief Commissioners' Provinces + 93 from Princely States) |
| Effective strength (after partition) | 299 members (Muslim League boycotted; Princely States reduced) |
| First session | 9 December 1946; temporary President = Sachidananda Sinha |
| Permanent President | Dr. Rajendra Prasad (elected 11 December 1946) |
| Vice President | H.C. Mukherjee |
| Constitutional Adviser | Sir B.N. Rau |
| Drafting Committee Chair | Dr. B.R. Ambedkar (appointed 29 August 1947) |
| Drafting Committee members | Alladi Krishnaswami Ayyar, N. Gopalaswami Ayyangar, K.M. Munshi, Syed Muhammad Saadulla, B.L. Mitter (→ T.T. Krishnamachari), D.P. Khaitan (→ N. Madhava Rau) |
| Objective Resolution | Moved by Jawaharlal Nehru, 13 Dec 1946; adopted 22 Jan 1947 |
| Draft Constitution published | February 1948 |
| Introduced in Assembly | 4 November 1948 (by Ambedkar) |
| Adopted | 26 November 1949 (Constitution Day / Samvidhan Diwas — observed since 2015) |
| Signed | 24 January 1950 (284 members signed) |
| In force (Republic Day) | 26 January 1950 |
| Duration | 2 years, 11 months, 18 days |
| Sessions | 11 sessions; ~165 days of debate |
| Original text | 395 articles, 22 parts, 8 schedules; calligraphed by Prem Behari Narain Raizada; illustrated by Nandalal Bose |
| Women members | 15 women in the Constituent Assembly |
| Cost | ~₹64 lakh |
PYQ TRAP: Constitution was ADOPTED on 26 November 1949 (Constitution Day); it came into FORCE on 26 January 1950 (Republic Day). The date 26 November was chosen for Republic Day as it commemorated Lahore Congress 1930's Purna Swaraj declaration. Sachidananda Sinha was temporary President — Dr. Rajendra Prasad was permanent.
2. The Preamble — India's Identity Statement
The Preamble is the introductory statement of the Constitution. It is NOT enforceable in court (non-justiciable) but serves as a guide for interpreting the Constitution's provisions.
Full text of the Preamble (post-42nd Amendment):
"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."
"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."
Key Words Decoded
| Word | Meaning | Source/Note |
|---|---|---|
| Sovereign | India is free from external control; no external authority can override Indian law | Original 1949 |
| Socialist | State ownership/control of means of production; welfare state; reduce inequalities; BUT India follows "democratic socialism" (not Soviet communism) | Added by 42nd Amendment 1976 |
| Secular | No state religion; equal respect and freedom for all religions; state is neutral on religion | Added by 42nd Amendment 1976 |
| Democratic | Government based on the will of the people, expressed through elections | Original 1949 |
| Republic | Head of state is elected (not hereditary monarch); President is India's head of state | Original 1949 |
| Justice (social, economic, political) | Social = no discrimination; Economic = equitable distribution; Political = universal suffrage | Original 1949 |
| Liberty | Freedom of thought, expression, belief, faith, worship — protected by FR under Part III | Original 1949 |
| Equality | Equal status and opportunity; no discrimination | Original 1949 |
| Fraternity | Sense of brotherhood; dignity of individual; unity and integrity | Original 1949; "integrity" added 42nd |
PYQ TRAP: "Socialist" and "Secular" were NOT in the original Preamble — added by the 42nd Amendment 1976 (Emergency period, PM Indira Gandhi). The phrase "unity of the Nation" was "unity and integrity of the Nation" post-42nd Amendment. The Preamble is NOT a source of power for the legislature or executive (Berubari Union Case 1960). It IS used as an aid to interpretation (Kesavananda Bharati 1973).
3. Sources of the Indian Constitution
| Source Country / Document | Features Borrowed |
|---|---|
| Government of India Act 1935 | Federal scheme; Provincial autonomy; Public Service Commissions; Emergency provisions; Governor's role; Judiciary structure (~250 articles directly based on this) |
| United Kingdom | Parliamentary democracy; Cabinet system; Rule of law; Single citizenship; Legislative procedure; Writs (habeas corpus, mandamus etc.); Bicameralism concept |
| United States of America | Fundamental Rights; Judicial review; Independence of judiciary; Impeachment of President; Removal of SC/HC judges; Preamble concept; Vice President as Rajya Sabha Chairman |
| Ireland | Directive Principles of State Policy (DPSP); Method of President's election; Nomination of members to Rajya Sabha by President |
| Canada | Strong Centre in federal structure; Residuary powers with Centre; Advisory jurisdiction of Supreme Court; Semi-federal structure with unitary bias |
| Australia | Concurrent List; Freedom of trade and commerce within India; Joint sitting of Parliament (Article 108) |
| Weimar Germany | Emergency provisions (suspension of FR during emergency) |
| USSR (Soviet Union) | Fundamental Duties (added by 42nd Amendment 1976); socioeconomic rights concept |
| Japan | Procedure established by law (Article 21 — protection of life and personal liberty) |
| South Africa | Procedure for amendment of certain constitutional provisions; election of Rajya Sabha members (indirect) |
| France | Republic; Liberty, Equality, Fraternity ideals; concept of Preamble |
Memory: JUICED-FGS-AC — Japan (Art.21), UK (Parliament), Ireland (DPSP), Canada (Centre-strong), Germany (Emergency), France (Republic ideals), South Africa (amendment), Australia (Concurrent List), Canada again (residuary), USA (FR+JR). The BIGGEST source: Government of India Act 1935.
4. Key Features of the Indian Constitution
The Constitution is described as having a unique blend of features — neither purely federal nor purely unitary:
- Lengthiest written constitution — originally 395 articles; currently 448 articles (25 parts, 12 schedules) after amendments
- Drawn from multiple sources — often called a "borrowed constitution" but Ambedkar argued the drafters used only the best from each source
- Partly rigid, partly flexible — some provisions require special majority + state ratification; some by simple majority
- Federal structure with unitary bias — strong centre; during emergency, effectively unitary
- Parliamentary government — executive responsible to legislature; Prime Minister is real executive
- Independent judiciary — single integrated judicial system; SC at apex
- Fundamental Rights (Part III) + DPSP (Part IV) + Fundamental Duties (Part IVA) = three-part framework for rights and duties
- Universal adult franchise — every citizen above 18 has right to vote (61st Amendment 1989 reduced age from 21 to 18)
- Single citizenship — unlike USA (dual federal + state citizenship); all Indians = single citizenship
- Emergency provisions — National Emergency (Art. 352), President's Rule (Art. 356), Financial Emergency (Art. 360)
5. Parts and Schedules — Quick Reference
| Schedule | Subject |
|---|---|
| 1st Schedule | Names of States and Union Territories + their territories |
| 2nd Schedule | Emoluments of President, Governors, Speakers, Judges, CAG |
| 3rd Schedule | Forms of Oaths and Affirmations |
| 4th Schedule | Allocation of seats in Rajya Sabha |
| 5th Schedule | Administration of Scheduled Areas and Scheduled Tribes |
| 6th Schedule | Provisions for tribal areas in Assam, Meghalaya, Tripura, Mizoram |
| 7th Schedule | Three Lists — Union List (List I), State List (List II), Concurrent List (List III) |
| 8th Schedule | 22 recognised languages (originally 14; Hindi + 21 others → now 22) |
| 9th Schedule | Laws immune from judicial review (added by 1st Amendment 1951); IR Coelho case 2007: post-1973 laws can be challenged |
| 10th Schedule | Anti-Defection Law (added by 52nd Amendment 1985) |
| 11th Schedule | 29 subjects for Panchayats (added by 73rd Amendment 1992) |
| 12th Schedule | 18 subjects for Municipalities (added by 74th Amendment 1992) |
7th Schedule — The Three Lists:
• Union List (List I): 97 subjects (originally 100); Parliament alone can legislate; defence, foreign affairs, currency, railways, atomic energy, communication
• State List (List II): 66 subjects (originally 61); State legislature alone (normally); police, public health, agriculture, land, local government
• Concurrent List (List III): 52 subjects (originally 47); both Parliament and states; education, forests, marriage/divorce, bankruptcy, trade unions
In case of conflict: Union law prevails over State law on Concurrent List subjects (Article 254). Residuary powers = Centre (unlike USA where residuary = states).
• Union List (List I): 97 subjects (originally 100); Parliament alone can legislate; defence, foreign affairs, currency, railways, atomic energy, communication
• State List (List II): 66 subjects (originally 61); State legislature alone (normally); police, public health, agriculture, land, local government
• Concurrent List (List III): 52 subjects (originally 47); both Parliament and states; education, forests, marriage/divorce, bankruptcy, trade unions
In case of conflict: Union law prevails over State law on Concurrent List subjects (Article 254). Residuary powers = Centre (unlike USA where residuary = states).
6. The Basic Structure Doctrine
The Basic Structure Doctrine is arguably the most important judicial innovation in Indian constitutional history. It holds that Parliament, despite its power to amend the Constitution under Article 368, cannot destroy or damage the "basic structure" of the Constitution.
Kesavananda Bharati vs. State of Kerala (1973)
• 13-judge Constitutional Bench — the largest in SC history
• Decided 24 April 1973; majority: 7:6
• Chief Justice S.M. Sikri was on the bench
• Held: Parliament can amend ANY provision including Fundamental Rights (overruling Golaknath) BUT cannot abrogate/destroy the "basic structure"
• The 9th Schedule immunity was also ruled: laws added after 24 April 1973 (Kesavananda date) CAN be challenged if they violate basic structure
• 13-judge Constitutional Bench — the largest in SC history
• Decided 24 April 1973; majority: 7:6
• Chief Justice S.M. Sikri was on the bench
• Held: Parliament can amend ANY provision including Fundamental Rights (overruling Golaknath) BUT cannot abrogate/destroy the "basic structure"
• The 9th Schedule immunity was also ruled: laws added after 24 April 1973 (Kesavananda date) CAN be challenged if they violate basic structure
Elements of Basic Structure (as identified by different judges):
- Supremacy of the Constitution
- Republican and democratic form of government
- Secular character of the Constitution
- Separation of powers
- Federal character
- Judicial review
- Fundamental Rights (at least the core)
- Free and fair elections
- Independence of judiciary
- Rule of law
- Unity and integrity of India
Subsequent applications of the Basic Structure Doctrine:
- Indira Gandhi vs. Raj Narain (1975): 39th Amendment (which immunised PM election from judicial scrutiny) struck down — violated basic structure (free and fair elections, judicial review)
- Minerva Mills (1980): 42nd Amendment's attempt to make constitutional amendments non-justiciable struck down; also added: harmony between FR and DPSP is basic structure
- S.R. Bommai vs. Union of India (1994): secularism declared a basic structure element; President's Rule under Art. 356 subject to judicial review
- I.R. Coelho (2007): laws placed in 9th Schedule after Kesavananda (24 April 1973) can be challenged for violating basic structure
7. Key Constitutional Amendment Cases — The Timeline
| Case | Year | Ruling |
|---|---|---|
| Shankari Prasad vs. Union of India | 1951 | Parliament CAN amend Fundamental Rights under Art. 368; "law" in Art. 13 doesn't include constitutional amendments |
| Sajjan Singh vs. State of Rajasthan | 1964 | Confirmed Shankari Prasad; Parliament can amend Part III |
| Golaknath vs. State of Punjab | 1967 | REVERSED — Parliament CANNOT amend FR; FR are "transcendental" and beyond parliamentary amendment; prospective overruling applied |
| 24th Constitutional Amendment | 1971 | Parliament enacted to overturn Golaknath; affirmed Parliament's power to amend any provision |
| Kesavananda Bharati vs. State of Kerala | 1973 | LANDMARK: Parliament CAN amend FR (overruled Golaknath) BUT cannot abrogate Basic Structure |
| Minerva Mills vs. Union of India | 1980 | 42nd Amendment's claim of unlimited amending power struck down; FR-DPSP balance = basic structure |
| I.R. Coelho vs. State of Tamil Nadu | 2007 | 9th Schedule laws post-24 April 1973 subject to basic structure challenge |
Memory chain: Shankari Prasad (CAN) → Golaknath (CANNOT) → 24th Amendment (overruled Golaknath) → Kesavananda (CAN but not basic structure) → Minerva Mills (FR-DPSP harmony also basic structure) → Coelho (9th Schedule not absolute).
8. High-Value PYQ Traps — Constitution
| Common Wrong Statement | Correct Fact |
|---|---|
| "Socialist" and "Secular" were in the original Preamble (1949) | Added by 42nd Amendment 1976; NOT in original Preamble |
| Constitution came into force on 26 November 1949 | Adopted 26 November 1949; came INTO FORCE 26 January 1950 |
| Sachidananda Sinha was permanent President of CA | He was TEMPORARY/FIRST President; Dr. Rajendra Prasad was permanent President from 11 Dec 1946 |
| Preamble is justiciable and can be enforced | Preamble is NON-JUSTICIABLE (Berubari Union 1960) but is an aid to interpretation |
| DPSP borrowed from USA | DPSP borrowed from Ireland; USA borrowed feature = Fundamental Rights + judicial review |
| Residuary powers vest in states (like USA) | India's residuary powers vest in the Centre/Parliament (borrowed from Canada) |
| 8th Schedule has 24 languages | 8th Schedule has 22 languages; originally 14 |
| Basic Structure Doctrine established in Minerva Mills | Established in Kesavananda Bharati 1973; Minerva Mills 1980 applied and extended it |
| 9th Schedule laws are completely immune from challenge | Post-Kesavananda (post-24 April 1973) 9th Schedule laws CAN be challenged (I.R. Coelho 2007) |
| Dr. B.R. Ambedkar was President of the Constituent Assembly | He was Chair of the Drafting Committee; President of CA = Dr. Rajendra Prasad |
9. Frequently Asked Questions
What are the keywords in the Preamble and what do they mean?
The Preamble declares India a Sovereign Socialist Secular Democratic Republic. "Socialist" and "Secular" were added by the 42nd Amendment (1976). The Preamble aims for Justice (social, economic, political), Liberty (thought, expression, belief), Equality (status and opportunity), and Fraternity (dignity, unity and integrity). Adopted 26 November 1949; in force 26 January 1950.
What is the Basic Structure Doctrine and which case established it?
Established by Kesavananda Bharati vs. State of Kerala (1973) — 13-judge bench, 7:6 majority. Parliament can amend any part of the Constitution (including Fundamental Rights) but cannot destroy the "basic structure." Basic structure elements include: supremacy of Constitution, democracy, secularism, federalism, judicial review, fundamental rights (core), separation of powers, free and fair elections, rule of law.
What are the main sources of the Indian Constitution?
Largest source: Government of India Act 1935 (~250 articles). UK: Parliamentary system, cabinet, rule of law. USA: Fundamental Rights, judicial review. Ireland: DPSP, President's election method. Canada: Strong Centre, residuary powers with Centre. Australia: Concurrent List, joint sitting. Germany: Emergency provisions. USSR: Fundamental Duties. Japan: Art. 21 procedure established by law. South Africa: certain amendment procedures.