Indian Constitution — Features and Making — TNPSC Group II/IIA Polity
Overview
The Indian Constitution is the supreme law of India. Understanding its making, Preamble, key features, and Schedules is essential for TNPSC Group 2/2A. Questions frequently appear on the Constituent Assembly, Preamble keywords, features borrowed from other constitutions, and the number/content of Schedules.
Making of the Indian Constitution
Constituent Assembly
| Detail | Information |
|---|---|
| Formed | Based on Cabinet Mission Plan, 1946 |
| Total members | 389 (reduced to 299 after partition) |
| First meeting | December 9, 1946 |
| President | Dr. Rajendra Prasad |
| Drafting Committee Chairman | Dr. B.R. Ambedkar |
| Constitution adopted | November 26, 1949 |
| Constitution in force | January 26, 1950 |
| Time taken | 2 years, 11 months, 17 days |
Key Committees:
- Drafting Committee: B.R. Ambedkar (Chairman), N. Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, K.M. Munshi, T.T. Krishnamachari
- Union Constitution Committee: Jawaharlal Nehru
- Advisory Committee on Fundamental Rights: Sardar Vallabhbhai Patel
The Preamble
Full Text of the Preamble
"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 in Preamble
| Word | Meaning |
|---|---|
| Sovereign | India is fully independent; not subject to any external authority |
| Socialist | State ownership of means of production; reduce inequality (added 1976) |
| Secular | No state religion; equal respect for all religions (added 1976) |
| Democratic | Government by elected representatives; universal adult franchise |
| Republic | Elected head of state (President); no hereditary ruler |
Words added by 42nd Amendment (1976): Socialist, Secular, Integrity
Justice types:
- Social Justice: No discrimination based on caste, religion, gender
- Economic Justice: Equal economic opportunities
- Political Justice: Universal adult franchise; equal political rights
Sources of the Indian Constitution
| Feature | Source Country |
|---|---|
| Parliamentary system of government | UK |
| Fundamental Rights | USA |
| Directive Principles of State Policy | Ireland |
| Federal system with strong centre | Canada |
| Concurrent List (shared subjects) | Australia |
| Emergency provisions | Germany (Weimar Constitution) |
| Fundamental Duties | USSR (Soviet Union) |
| Procedure established by law | Japan |
| Republic & Liberty, Equality, Fraternity | France |
| Preamble | USA |
Key Features of the Indian Constitution
1. Lengthiest Written Constitution
- Original Constitution: 395 Articles, 8 Schedules, 22 Parts
- Current: 448 Articles, 12 Schedules, 25 Parts
- Most detailed constitution in the world
2. Federal System with Unitary Bias
- Federal features: Two tiers of government, division of powers, independent judiciary, written constitution
- Unitary features: Strong centre, Governor appointed by President, Emergency provisions give Centre more power, All India Services
3. Parliamentary Form of Government
- Westminster model borrowed from UK
- Responsible government — Council of Ministers responsible to Parliament
- Fusion of executive and legislature (PM is leader of Parliament)
- President is nominal head; PM is real head
4. Fundamental Rights (Part III)
- Articles 12–35
- Justiciable rights — enforceable by courts
- Originally 7 rights; now 6 (Right to Property removed from FR by 44th Amendment, 1978)
5. Directive Principles of State Policy (Part IV)
- Articles 36–51
- Non-justiciable — cannot be enforced in court
- Guide the state in making laws
6. Secular State
- No official state religion
- State treats all religions equally
- "Secular" added to Preamble by 42nd Amendment, 1976
7. Universal Adult Franchise
- Every citizen above 18 years has right to vote (reduced from 21 by 61st Amendment, 1988)
- No discrimination on basis of religion, race, caste, sex, literacy
8. Independent Judiciary
- Supreme Court — guardian of the Constitution
- Power of judicial review
- Judges have security of tenure
The 12 Schedules of the Indian Constitution
| Schedule | Subject |
|---|---|
| 1st Schedule | Names of States and Union Territories |
| 2nd Schedule | Salaries of President, Governors, Judges, etc. |
| 3rd Schedule | Forms of Oaths and Affirmations |
| 4th Schedule | Allocation of seats in Rajya Sabha |
| 5th Schedule | Administration of Scheduled Areas and Tribes |
| 6th Schedule | Administration of Tribal Areas in Assam, Meghalaya, Tripura, Mizoram |
| 7th Schedule | Union List, State List, Concurrent List |
| 8th Schedule | 22 Official Languages of India |
| 9th Schedule | Laws protected from judicial review (added by 1st Amendment, 1951) |
| 10th Schedule | Anti-Defection Law (added by 52nd Amendment, 1985) |
| 11th Schedule | Powers of Panchayati Raj (added by 73rd Amendment, 1992) |
| 12th Schedule | Powers of Municipalities (added by 74th Amendment, 1992) |
The Three Lists (7th Schedule)
| List | Subjects | Total Subjects |
|---|---|---|
| Union List | Defence, Foreign Affairs, Banking, Atomic Energy | 100 subjects |
| State List | Police, Public Order, Agriculture, Health | 61 subjects |
| Concurrent List | Education, Marriage, Forests, Labour | 52 subjects |
- Residuary powers: With the Union (Centre) — unlike USA where residuary powers are with states
The 22 Official Languages (8th Schedule)
Tamil, Telugu, Kannada, Malayalam, Hindi, Sanskrit, Bengali, Marathi, Gujarati, Punjabi, Assamese, Odia (Oriya), Urdu, Sindhi, Konkani, Manipuri, Nepali, Kashmiri, Maithili, Dogri, Bodo, Santali
Tamil is one of 6 classical languages of India (along with Sanskrit, Telugu, Kannada, Malayalam, Odia)
Important Amendments
| Amendment | Year | Key Change |
|---|---|---|
| 1st Amendment | 1951 | Added 9th Schedule; land reform laws protected |
| 42nd Amendment | 1976 | Socialist, Secular to Preamble; Fundamental Duties |
| 44th Amendment | 1978 | Right to Property removed from FR; restored FR suspended during Emergency |
| 52nd Amendment | 1985 | Anti-Defection Law (10th Schedule) |
| 61st Amendment | 1988 | Voting age reduced from 21 to 18 |
| 73rd Amendment | 1992 | Panchayati Raj (11th Schedule) |
| 74th Amendment | 1992 | Urban Local Bodies (12th Schedule) |
| 86th Amendment | 2002 | Right to Education — Article 21A |
| 101st Amendment | 2016 | Goods and Services Tax (GST) |
Key Facts for TNPSC Group II/IIA
- Constitution adopted: November 26, 1949 (Constitution Day); came into force January 26, 1950 (Republic Day)
- Rajendra Prasad: President of Constituent Assembly; first President of India
- B.R. Ambedkar: Chaired Drafting Committee; "Father of Indian Constitution"
- Preamble keywords: Sovereign, Socialist (1976), Secular (1976), Democratic, Republic
- Constitution originally had 395 Articles and 8 Schedules; now 12 Schedules
- 7th Schedule: Three lists — Union (100), State (61), Concurrent (52)
- 8th Schedule: 22 official languages; Tamil is a classical language
- 42nd Amendment (1976): "Mini Constitution" — Socialist, Secular added; Fundamental Duties added
- 44th Amendment (1978): Removed Right to Property from Fundamental Rights
- 86th Amendment (2002): Added Article 21A — Right to Education as Fundamental Right
Previous Year MCQ Patterns
Q: The Indian Constitution was adopted by the Constituent Assembly on: a) January 26, 1950 b) August 15, 1947 c) November 26, 1949 d) December 9, 1946
Q: Which words were added to the Preamble by the 42nd Constitutional Amendment? a) Sovereign, Democratic, Republic b) Socialist, Secular, Integrity c) Justice, Liberty, Equality d) Unity, Integrity, Fraternity
Q: The concept of Directive Principles of State Policy in the Indian Constitution was borrowed from: a) USA b) UK c) USSR d) Ireland