Historical Background
The Indian Constitution was adopted on 26 November 1949 and came into effect on 26 January 1950. It is the longest written constitution in the world.
Constituent Assembly
- Formed under the Cabinet Mission Plan (1946)
- 389 members (reduced to 299 after Partition)
- Dr. Rajendra Prasad — President of the Constituent Assembly
- Dr. B.R. Ambedkar — Chairman of the Drafting Committee
- First meeting: 9 December 1946
- Total sessions: 11 over 2 years, 11 months and 18 days
Sources of the Constitution
| Feature | Borrowed From |
|---|---|
| Parliamentary system | UK |
| Fundamental Rights | USA |
| Directive Principles | Ireland |
| Federal structure with strong Centre | Canada |
| Emergency provisions | Germany (Weimar) |
| Amendment procedure | South Africa |
| Concurrent List | Australia |
| Republic & liberty ideals | France |
Key Features
- Longest Written Constitution — 395 Articles, 22 Parts, 8 Schedules (originally); now 470+ Articles, 25 Parts, 12 Schedules
- Blend of Rigidity and Flexibility — Article 368
- Federal with Unitary Bias — strong Centre, single citizenship, integrated judiciary
- Parliamentary System — Executive responsible to Legislature
- Independent Judiciary — Judicial review (Articles 13, 32, 226)
- Fundamental Rights (Part III) — justiciable, enforceable by courts
- Directive Principles (Part IV) — non-justiciable, guide policy
- Secular State — 42nd Amendment added "secular" to Preamble
- Universal Adult Franchise — every citizen 18+ can vote (61st Amendment, 1989)
- Single Citizenship
Basic Structure Doctrine
Established in Kesavananda Bharati v. State of Kerala (1973) — the Supreme Court held that Parliament can amend any part of the Constitution but cannot alter its "basic structure."
Elements of Basic Structure (from various judgments):
- Supremacy of the Constitution
- Sovereign, democratic, republican form of government
- Secular character
- Separation of powers
- Federal character
- Unity and integrity of the nation
- Judicial review
- Rule of law
- Free and fair elections
Landmark Amendments
| Amendment | Year | Key Change |
|---|---|---|
| 1st | 1951 | Added Ninth Schedule; restrictions on free speech |
| 7th | 1956 | Reorganisation of states on linguistic basis |
| 24th | 1971 | Parliament can amend Fundamental Rights |
| 42nd | 1976 | "Mini-Constitution" — added Socialist, Secular, Integrity to Preamble; curtailed judicial review |
| 44th | 1978 | Reversed many 42nd Amendment changes; Right to Property removed as FR |
| 52nd | 1985 | Anti-defection law (Tenth Schedule) |
| 61st | 1988 | Voting age reduced from 21 to 18 (effective March 1989) |
| 73rd & 74th | 1992 | Panchayati Raj and Municipalities constitutionalised |
| 86th | 2002 | Right to Education (Article 21A) |
| 101st | 2016 | Goods and Services Tax (GST) |
| 103rd | 2019 | 10% EWS reservation |
UPSC Relevance
Prelims: Constitutional history, amendment numbers, landmark cases, Schedules Mains GS-2: Evolution of the Constitution, Basic Structure doctrine, federalism, amendment process Interview: "Is the Basic Structure doctrine a judicial overreach or necessary safeguard?"
Important for UPSC
Prelims Focus
- Key facts and articles to remember
Mains Dimensions
- Analytical angles for essay and GS papers
Previous Year Questions (PYQs)
Prelims
Q. Consider the following statements: 1. The Constitution of India defines its 'basic structure' in terms of federalism, secularism, fundamental rights and democracy. 2. The Constitution of India provides for 'judicial review' to safeguard the citizens' liberties and to preserve the ideals on which the Constitution is based. Which of the statements given above is/are correct? (CSE Prelims 2020) (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Answer: (d) — The Constitution does not define "basic structure" — this concept was judicially created in Kesavananda Bharati (1973). Similarly, "judicial review" is not explicitly mentioned but is derived from Articles 13, 32, 226, etc.
Q. The Ninth Schedule was introduced in the Constitution of India during the prime ministership of: (CSE Prelims 2019) (a) Jawaharlal Nehru (b) Lal Bahadur Shastri (c) Indira Gandhi (d) Morarji Desai Answer: (a) — The Ninth Schedule was added by the 1st Amendment Act, 1951, during Nehru's tenure, to protect land reform laws from being challenged on grounds of violation of Fundamental Rights.
Q. What was the exact constitutional status of India on 26th January, 1950? (CSE Prelims 2021) (a) A Democratic Republic (b) A Sovereign Democratic Republic (c) A Sovereign Secular Democratic Republic (d) A Sovereign Socialist Secular Democratic Republic Answer: (b) — The original Preamble declared India a "Sovereign Democratic Republic." The words "Socialist," "Secular," and "Integrity" were added by the 42nd Amendment Act, 1976.
Q. With reference to the Constitution of India, consider the following statements: 1. No High Court shall have the jurisdiction to declare any central law to be constitutionally invalid. 2. An amendment to the Constitution of India cannot be called into question by the Supreme Court of India. Which of the statements given above is/are correct? (CSE Prelims 2019) (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Answer: (d) — High Courts can examine the constitutional validity of central laws (the 43rd Amendment restored this power after the 42nd Amendment had curtailed it). The SC can strike down amendments violating the Basic Structure.
Mains
Q. Discuss each adjective attached to the word 'Republic' in the Preamble. Are they defendable in the present circumstances? (CSE Mains 2016, GS Paper 2, 12.5 marks)
Q. Starting from inventing the 'basic structure' doctrine, the judiciary has played a highly proactive role in ensuring that India develops into a thriving democracy. In light of the statement, evaluate the role played by judicial activism in achieving the ideals of democracy. (CSE Mains 2014, GS Paper 2, 12.5 marks)
Current Affairs Connect
| Topic | Where to Follow | Why It Matters |
|---|---|---|
| Centre-State disputes & federalism | Ujiyari — Polity News | Governor controversies, Article 356, fiscal federalism — live exam material |
| Constitutional amendment Bills | Ujiyari — Editorials | Every amendment connects to the Basic Structure doctrine debate |
| SC rulings on federal structure | Ujiyari — Daily Updates | Federalism is tested through current disputes — GST, education, water-sharing |
Exam tip: Map every Centre-State conflict to a Constitutional provision. Read Ujiyari polity coverage for live examples.
Sources: Constitution of India, PRS India