Constitution of India
Preamble of the Constitution
1. Definition and Significance
- The Preamble is the introductory part of the Constitution that outlines the objectives and guiding principles of the Indian Constitution.
- It is not a legal document but serves as a statement of the soul of the Constitution.
- It was adopted on 26th November 1949 and came into effect on 26th January 1950.
2. Key Elements of the Preamble
| Term | Meaning |
|---|---|
| Sovereign | The ultimate power rests with the people of India. |
| People’s Democracy | The government is elected by the people. |
| Socialist | The state ensures social and economic equality. |
| Secular | The state does not favor any religion and guarantees freedom of religion. |
| Republic | The head of state is an elected president, not a monarch. |
| Justice, Liberty, Equality, Fraternity | These are the core values of the Constitution. |
3. Amendments to the Preamble
- The 42nd Amendment (1976) added the words “Socialist”, “Secular”, and “Integrity” to the Preamble.
- The 86th Amendment (2002) added the word “Secular” to the Preamble (already present but emphasized).
Salient Features of the Constitution
1. Written Constitution
- The Constitution is a single document containing 395 Articles, 12 Schedules, and 25 Parts.
- It is the fundamental law of the land and the supreme legal authority.
2. Parliamentary System
- India follows a parliamentary form of government.
- The President is the head of state, while the Prime Minister is the head of government.
- The Parliament consists of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
3. Federal System with Unitary Features
- India is a federal union of 28 states and 8 union territories.
- The Constitution provides for federal structure with unitary features during emergencies.
- Article 356 empowers the President to impose President’s Rule in states, placing them under Central government control.
- Article 352 allows proclamation of National Emergency, which converts the entire federal structure into a unitary system without formal amendment.
4. Democratic and Secular Framework
- Universal Adult Suffrage was introduced in the Constitution.
- Secularism is a basic feature of the Constitution, ensuring equal treatment of all religions.
- Fundamental Rights are guaranteed to all citizens.
5. Fundamental Rights and Duties
- Part III of the Constitution contains Fundamental Rights.
- Part IV-A contains Fundamental Duties introduced by the 42nd Amendment (1976).
- Right to Constitutional Remedies is the soul of the Constitution (Article 32).
6. Judicial Review and Independence
- The Supreme Court has the power of judicial review under Article 13.
- The Judicial Independence is ensured by the Collegium system and the Security of Tenure of judges.
7. Emergency Provisions
- Emergency powers are provided under Articles 352 (National Emergency), 355 (President’s power), 360 (State Emergency).
- These provisions were amended in 1975 to expand the President’s powers.
8. Panchayati Raj and Local Governance
- The 73rd Amendment (1992) introduced Panchayati Raj institutions in rural areas.
- The 74th Amendment (1992) introduced Nagar Palika in urban areas.
9. Electoral and Judicial Reforms
- Universal Adult Franchise was introduced in 1950.
- Electoral Reforms include the Electoral Bonds Act (2020) and the Citizens’ Electoral Registration Act (2021).
- The Supreme Court has played a key role in judicial review and interpretation of the Constitution.
Schedules and Parts of the Constitution
1. Schedules of the Constitution
| Schedule | Description |
|---|---|
| 1st Schedule | Contains lists of states and union territories. |
| 2nd Schedule | Contains salaries and allowances of the President, Vice-President, Judges, CAG, Speaker, etc. |
| 3rd Schedule | Contains forms of oaths of office to various officials. |
| 4th Schedule | Contains distribution of seats in the Rajya Sabha. |
| 5th Schedule | Contains provisions for administration of Scheduled Areas and Tribal Areas. |
| 6th Schedule | Contains provisions for administration of Assam, Meghalaya, Tripura, and Mizoram. |
| 7th Schedule | Contains distribution of legislative powers between the Union and the States. |
| 8th Schedule | Contains list of languages recognized as official languages. |
| 9th Schedule | Contains list of laws that are not subject to judicial review. |
| 10th Schedule | Contains provisions for disqualification of members of Parliament and State Legislatures on grounds of defection. |
| 11th Schedule | Contains list of 29 subjects for Panchayati Raj institutions. |
| 12th Schedule | Contains list of 18 subjects for Nagar Palika (Municipalities). |
2. Key Facts for Competitive Exams
- Preamble is the soul of the Constitution.
- Part III is the heart of the Constitution.
- 73rd and 74th Amendments introduced Panchayati Raj and Nagar Palika.
- 42nd Amendment added “Socialist”, “Secular”, and “Integrity” to the Preamble.
- 86th Amendment added “Secular” to the Preamble.
- Article 32 is the Right to Constitutional Remedies.
- Article 13 provides judicial review.
- Article 356 is the President’s power to dismiss state governments.
- Article 352 is the National Emergency.
- Article 360 is the State Emergency.
- Article 301 is the Right to Freedom of Trade and Commerce.
- Article 304 is the Right to Freedom of Trade and Commerce in relation to the States.
- Article 305 is the Right to Freedom of Trade and Commerce in relation to the Union Territories.
BETA
