Master10
Indian Polity & Constitution Module

Constitutional Framework, Preamble & Salient Features

The Constitution of India, drafted by the Constituent Assembly under the chairmanship of Dr. B.R. Ambedkar and adopted on November 26, 1949, is the world's longest written national constitution. It establishes a sovereign, socialist, secular, democratic republic with a parliamentary system of governance and a federal structure possessing unitary bias. The Preamble serves as the philosophical guiding key, declaring justice, liberty, equality, and fraternity as foundational goals. While drawing institutional mechanisms from global models—such as parliamentary procedure from the United Kingdom and Fundamental Rights from the United States—the Supreme Court in the landmark Kesavananda Bharati verdict (1973) affirmed that the basic structure of the Constitution remains unalterable by parliament.

Key Concepts & Examination Highlights

  • The Constituent Assembly took 2 years, 11 months, and 18 days to draft the Constitution of India before its adoption on November 26, 1949.
  • The terms 'Socialist', 'Secular', and 'Integrity' were added to the Preamble by the 42nd Constitutional Amendment Act of 1976.
  • The Kesavananda Bharati v. State of Kerala judgment (1973) established the Basic Structure Doctrine limiting parliamentary amendment powers.
  • Dr. B.R. Ambedkar served as the Chairman of the Drafting Committee appointed on August 29, 1947.
  • The Constituent Assembly held its first meeting on December 9, 1946, with Dr. Sachchidananda Sinha elected as the temporary President.
  • The Objective Resolution, which laid down the philosophical foundations of the Constitution, was moved by Jawaharlal Nehru on December 13, 1946, and unanimously adopted on January 22, 1947.
  • The Indian Constitution originally contained 395 Articles divided into 22 Parts and 8 Schedules at the time of its commencement on January 26, 1950.
  • Sir Benegal Narsing Rau (B.N. Rau) was appointed as the Constitutional Advisor to the Constituent Assembly.
  • Major structural features were borrowed from foreign constitutions, including Parliamentary governance and the rule of law from the United Kingdom, and the Directive Principles of State Policy from Ireland.
  • In the Berubari Union case (1960), the Supreme Court held that the Preamble was not part of the Constitution, but this was overturned in Kesavananda Bharati (1973), which recognized the Preamble as an integral part.
  • Prem Behari Narain Raizada was the calligrapher of the original Indian Constitution, handwritten in flowing italic style without using any font.
  • The Indian Constitution is described as a 'living document' and federal in structure with unitary bias, famously characterized as 'quasi-federal' by constitutional scholar K.C. Wheare.
  • The Government of India Act 1935 served as the primary administrative blueprint, contributing nearly 250 provisions including the federal scheme, Governor's office, and emergency powers.
  • The concept of 'Procedure Established by Law' was borrowed from the Japanese Constitution, whereas 'Due Process of Law' originated in the American Constitution.
  • The provision for the amendment of the Constitution under Article 368 and the election of Rajya Sabha members were adopted from the South African Constitution.
  • The suspension of Fundamental Rights during a National Emergency was derived from the Weimar Constitution of Germany.
  • The ideals of Liberty, Equality, and Fraternity in the Preamble and the concept of a Republic were borrowed from the French Constitution.
  • Sir B. N. Rau served as the Constitutional Advisor to the Constituent Assembly and prepared the initial draft of the Constitution in October 1947.
  • The Constituent Assembly took exactly 2 years, 11 months, and 18 days across 11 plenary sessions to finalize the Constitution of India.
  • The Elephant was adopted as the official emblem and seal of the Constituent Assembly of India.
  • The Hindi calligraphy of the original Constitution was executed by Vasant Krishan Vaidya and illuminated by artists from Shantiniketan led by Nandalal Bose.
  • In the Berubari Union case (1960), the Supreme Court held that the Preamble is not a part of the Constitution, a view later overturned in Kesavananda Bharati (1973) and reaffirmed in the LIC of India case (1995).
  • The Seventh Schedule divides legislative powers into Union List (originally 97 subjects, now 100), State List (originally 66, now 61), and Concurrent List (originally 47, now 52).
  • The Tenth Schedule, dealing with disqualification on grounds of defection (Anti-Defection Law), was added to the Constitution by the 52nd Constitutional Amendment Act, 1985.
  • The Eighth Schedule originally recognized 14 regional languages, expanding to 22 official languages through the 21st, 71st, and 92nd Constitutional Amendment Acts.
  • The Preamble is based on the 'Objective Resolution' introduced by Jawaharlal Nehru and adopted by the Constituent Assembly on January 22, 1947.
  • The Constituent Assembly appointed a total of 22 major committees, with the Steering Committee chaired by Dr. Rajendra Prasad and the Union Powers Committee headed by Jawaharlal Nehru.
  • Sardar Vallabhbhai Patel chaired the Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas.
  • The original Constitution manuscript was illuminated and decorated with indigenous Indian artwork depicting scenes from the Ramayana, Mahabharata, and Vedic era by artists of Kala Bhavana, Santiniketan.
  • H.V.R. Iengar was the Secretary to the Constituent Assembly, while S.N. Mukerjee served as the chief draftsman of the Constitution.
  • Under Article 1, India is described as a 'Union of States' rather than a 'Federation of States', emphasizing the indestructible nature of the Indian Union.
  • Article 2 empowers Parliament to admit into the Union or establish new States on such terms and conditions as it thinks fit.
  • Article 3 authorizes Parliament to form new States, alter boundaries, and change names of existing states by simple majority, without requiring state legislative consent.
  • The First Schedule of the Constitution enumerates the names of the States and Union Territories along with their territorial jurisdictions.
  • The Second Schedule outlines provisions relating to the emoluments, allowances, and privileges of constitutional dignitaries including the President, Governors, Judges, and CAG.
  • The Third Schedule contains forms of Oaths or Affirmations for Union Ministers, Parliamentary candidates, Judges, and legislators.
  • The Fourth Schedule allocates seats in the Rajya Sabha (Council of States) to the States and Union Territories based on population.
  • The Fifth Schedule contains provisions regarding the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.
  • The Sixth Schedule provides special administrative autonomy and District Councils for tribal areas in the northeastern states of Assam, Meghalaya, Tripura, and Mizoram (AMTM).
  • The Ninth Schedule was added by the 1st Constitutional Amendment Act, 1951, to protect land reform laws from judicial review under Article 31B.
  • In I.R. Coelho v. State of Tamil Nadu (2007), the Supreme Court ruled that laws placed in the Ninth Schedule after April 24, 1973, are open to judicial review if they violate the basic structure.
  • The Eleventh Schedule, containing 29 functional items for Panchayats, was added by the 73rd Constitutional Amendment Act of 1992.
  • The Twelfth Schedule, comprising 18 functional items for Municipalities, was added by the 74th Constitutional Amendment Act of 1992.
  • The concept of Single Citizenship was borrowed from the British Constitution to preserve national unity and avoid regional allegiance conflicts.
  • The doctrine of Separation of Powers is reflected in Article 50 of the Directive Principles, which mandates the separation of the judiciary from the executive in public services.
  • The Westminster model of cabinet government in India establishes collective responsibility of the Council of Ministers to the Lok Sabha under Article 75(3).
  • Granville Austin described the Indian Constitution as a 'seamless web' integrating social revolution, national unity, and democratic institutions.
  • The First Constitutional Amendment Act was enacted in 1951 by the provisional Constituent Assembly before the first elected Parliament was formed.
  • Article 394 brought certain articles regarding citizenship, elections, provisional parliament, and temporary provisions into force on November 26, 1949, while the remaining took effect on January 26, 1950.
  • Article 395 formally repealed the Indian Independence Act 1947 and the Government of India Act 1935 upon the commencement of the Constitution.
Curriculum & Reference Sources: Constitution of India (Official Text), M. Laxmikanth's 'Indian Polity', Granville Austin's 'The Indian Constitution: Cornerstone of a Nation'.

Sample Solved Questions & Concept Explanations

8 Verified Concept Questions
Q1.EASY

In which year did the Constitution of India come into full effect?

Q2.EASY

Which Constitutional Amendment added the words 'Socialist, Secular, and Integrity' to the Preamble?

Q3.EASY

Which schedule of the Indian Constitution contains the list of 22 officially recognized languages?

Q4.MEDIUM

National Emergency under Article 352 can be proclaimed by the President on which grounds?

Q5.MEDIUM

Financial Emergency can be proclaimed under which Article of the Constitution?

Q6.MEDIUM

Which constitutional amendment introduced the Goods and Services Tax (GST) in India?

Q7.MEDIUM

The concept of 'Directive Principles of State Policy' (Part IV) was borrowed from which country's constitution?

Q8.MEDIUM

The Official Language of the Indian Union is declared as Hindi in Devanagari script under which Article?