Polity · Module POL01

Introduction to the
Constitution of India

From its historical background and making to its unique features and philosophical foundations — everything examiners test about the Constitution, built for CDS, NDA and AFCAT.

Beginner + Advanced CDS · NDA · AFCAT 40 Practice Questions Polity POL01

This module covers: historical background of the Constitution, the Constituent Assembly and its working, the Preamble and its keywords, unique features of the Indian Constitution, the sources from which features were borrowed, and the philosophical basis — Federalism, Secularism, Socialism and Parliamentary democracy.

Section 1 — Historical Background
📜
From British Rule to Constitution
Key acts and events that shaped the Constitution
▾

India's Constitution did not emerge overnight. It was the culmination of a long struggle against British rule and a gradual constitutional evolution through a series of Acts.

  • 1858
    Government of India Act, 1858
    Transfer of power from East India Company to the British Crown. India governed by Secretary of State for India. Gave birth to the office of Viceroy.
  • 1861
    Indian Councils Act, 1861
    Indians associated with legislative councils for the first time. Introduced portfolio system. Devolution of legislative powers to provinces began.
  • 1909
    Morley–Minto Reforms (Indian Councils Act, 1909)
    Introduced separate electorates for Muslims — the most controversial feature. Also introduced element of election to legislative councils. Laid seeds of Partition.
  • 1919
    Montagu–Chelmsford Reforms (GoI Act, 1919)
    Introduced Dyarchy (dual government) in provinces — subjects divided into "transferred" (ministers) and "reserved" (governor). Created a bicameral legislature at the centre. Introduced direct elections. Established Public Service Commission.
  • 1935
    Government of India Act, 1935 — Most Important
    The single most important source of India's Constitution. Provided for: All India Federation, abolished Dyarchy at provinces (introduced Provincial Autonomy), introduced Dyarchy at Centre, established Federal Court, RBI, and Federal Public Service Commission. Divided subjects into 3 lists (Federal, Provincial, Concurrent). The Constitution of India borrowed its federal structure, emergency provisions, Public Service Commissions, and office of Governor from this Act.
  • 1947
    Indian Independence Act, 1947
    Passed by British Parliament. Ended British authority over India. Created two independent dominions: India and Pakistan. Constituent Assembly became a sovereign body. India adopted its new Constitution on 26 Nov 1949, effective 26 Jan 1950.
⚑ Frequently Tested Traps
  • GoI Act 1935 is the biggest single source of the Indian Constitution (~250 of 395 original Articles were adapted from it)
  • The Federal Court established by GoI Act 1935 was predecessor to the Supreme Court of India
  • Dyarchy was introduced at provinces in 1919 and abolished there in 1935 (introduced at Centre in 1935)
  • Separate electorates for Muslims = Morley–Minto 1909 (NOT 1919 or 1935)
Section 2 — The Constituent Assembly
🏛️
Formation & Composition
How the Constituent Assembly was formed, who was in it
▾
Formation of the Constituent Assembly
  • Demand first made by M.N. Roy (1934) — earliest demand for a Constituent Assembly
  • Demand accepted officially in August Offer, 1940 by Lord Linlithgow
  • Assembly set up under Cabinet Mission Plan, 1946
  • Total strength: 389 members (292 from provinces + 93 princely states + 4 from Chief Commissioner's provinces)
  • After Partition: reduced to 299 members
  • Elected by Provincial Legislative Assemblies using proportional representation (single transferable vote)
  • Not directly elected by people — hence sometimes called "unrepresentative"
Key People — Most Tested
  • Dr Rajendra Prasad — President of the Constituent Assembly
  • Dr B.R. Ambedkar — Chairman of the Drafting Committee ("Father of the Indian Constitution" / "Chief Architect")
  • Sir B.N. Rau — Constitutional Advisor (drafted initial document)
  • Jawaharlal Nehru — moved the Objectives Resolution on 13 Dec 1946
  • H.C. Mukherjee — Vice-President of the Constituent Assembly
  • T.T. Krishnamachari — Member, Drafting Committee (replaced B.L. Mitter)
Key Dates — All Tested
  • First session: 9 December 1946 (temporary chairman: Dr Sachchidananda Sinha)
  • Objectives Resolution moved: 13 December 1946 by Nehru
  • Objectives Resolution adopted: 22 January 1947
  • Constitution adopted: 26 November 1949 (Constitution Day / National Law Day)
  • Constitution enforced: 26 January 1950 (Republic Day)
  • Time taken to draft: 2 years, 11 months and 18 days
  • Total sessions: 11 sessions
  • Cost of making the Constitution: approximately ₹64 lakh
⚑ Exam Traps
  • 26 November = Constitution Day (declared in 2015 to mark 125th birth anniversary of Ambedkar) · Also called National Law Day
  • 26 January = Republic Day — Constitution came into force · Also chosen because Congress declared Purna Swaraj on 26 Jan 1930
  • The Constituent Assembly was not elected by universal adult franchise — elected by provincial assembly members
  • Dr Ambedkar's committee was the Drafting Committee — NOT the full Constituent Assembly
Section 3 — The Preamble
📋
The Preamble — Soul of the Constitution
Every word of the Preamble is tested in CDS/NDA
▾
The Preamble — Key Phrases Decoded
  • "We, the People of India" — Source of the Constitution is the people (not Parliament, not CA). India is sovereign.
  • "Sovereign" — India has supreme power; no external authority. Can acquire/cede territory.
  • "Socialist" — Added by 42nd Amendment, 1976. Mixed economy — neither pure capitalism nor pure communism. Reduce inequality.
  • "Secular" — Added by 42nd Amendment, 1976. No state religion; all religions treated equally.
  • "Democratic" — Government by the people (universal adult franchise). Directly elected Lok Sabha. Free and fair elections.
  • "Republic" — Head of State (President) is elected, not hereditary. No room for monarchy.
  • "Justice" — Social, Economic, Political (taken from Russian Revolution).
  • "Liberty" — Of thought, expression, belief, faith and worship (from French Revolution).
  • "Equality" — Of status and opportunity.
  • "Fraternity" — Brotherhood among all citizens. Assures dignity of individual and unity and integrity of the nation.
Objectives Resolution → Preamble
  • The Preamble is based on the Objectives Resolution moved by Nehru
  • Idea of Preamble borrowed from the USA
  • The Supreme Court (Berubari Case, 1960) first held that the Preamble is NOT part of the Constitution
  • In the Kesavananda Bharati case (1973), SC overruled and held the Preamble IS part of the Constitution and can be amended — but Basic Structure cannot be destroyed
  • Preamble has been amended only once — by the 42nd Amendment (1976) which added "Socialist", "Secular", and changed "unity of the nation" to "unity and integrity of the nation"
⚑ Most Tested Preamble Facts
  • "Socialist" and "Secular" were NOT in the original Preamble — added in 1976 (42nd Amendment)
  • The Preamble was amended only once in India's entire history
  • Preamble is NOT enforceable in a court of law — it cannot give any rights
  • "Fraternity" is unique — borrowed idea from the French Revolution slogan (Liberté, Égalité, Fraternité)
Section 4 — Sources of the Constitution
🌍
Features Borrowed from Other Constitutions
Every source is asked at least once in every CDS exam
▾
🇬🇧 UK (Britain)
Parliamentary government · Rule of Law · Writs · Single citizenship · Cabinet system · Bicameralism · Nomination of members to Rajya Sabha · Office of CAG
🇺🇸 USA
Preamble · Fundamental Rights · Judicial Review · Independence of judiciary · Impeachment of President · Functions of Vice-President · Supreme Court
🇮🇪 Ireland
Directive Principles of State Policy · Nomination of members to Rajya Sabha (also UK) · Method of presidential election
🇨🇦 Canada
Federal system with strong centre · Residuary powers with Centre · Advisory jurisdiction of Supreme Court · Office of Lieutenant Governor
🇦🇺 Australia
Concurrent list · Freedom of trade and commerce · Joint sitting of Parliament · Preamble language style
🇩🇪 Germany (Weimar)
Suspension of Fundamental Rights during Emergency · Emergency provisions
🇷🇺 Soviet Union (USSR)
Fundamental Duties · Social, Economic, Political justice in Preamble · Five Year Plans (concept)
🇿🇦 South Africa
Procedure for amendment of Constitution (Article 368) · Election of members of Rajya Sabha
🇯🇵 Japan
Procedure established by Law (Article 21 — Right to Life)
🇫🇷 France
Republic · Liberty, Equality, Fraternity · Ideals of Preamble
⚑ Most Confused Source Pairs
  • DPSP = Ireland (NOT UK, NOT USA) — most commonly confused
  • Fundamental Rights = USA (NOT UK — UK has no written FR)
  • Parliamentary system / Cabinet / Rule of Law = UK
  • Fundamental Duties = USSR (added by 42nd Amendment)
  • Residuary powers with Centre = Canada (NOT USA — in USA residuary with States)
  • Concurrent List = Australia
  • Judicial Review = USA · Procedure established by Law = Japan
Section 5 — Unique Features of the Indian Constitution
⭐
What Makes the Indian Constitution Unique
Lengthiest, most unique features — all examined
▾
Unique Structural Features
  • Lengthiest written constitution in the world — Originally 395 Articles, 8 Schedules, 22 Parts. Currently 448 Articles, 12 Schedules, 25 Parts.
  • Drawn from many sources — nicknamed "Bag of borrowings" but uniquely synthesised
  • Rigid and Flexible — Some provisions can be amended by simple majority (flexible), others require special majority + state ratification (rigid). Blend of both.
  • Federal with Unitary bias — India described as a "Union of States" (not federation). Centre dominates in times of emergency. Single Constitution, single citizenship, IAS/IPS, etc.
  • Parliamentary government — Executive accountable to legislature. President is nominal head; real executive is PM + Cabinet.
  • Integrated and Independent Judiciary — Single court system; Supreme Court at top. Judges cannot be easily removed.
  • Fundamental Rights (Part III) — Justiciable (enforceable in court). Six categories. Originally 7, now 6 (Right to Property removed as FR by 44th Amendment 1978).
  • Directive Principles (Part IV) — Non-justiciable but fundamental in governance. From Irish Constitution.
  • Fundamental Duties (Part IV-A) — Added by 42nd Amendment 1976. Originally 10, now 11 (86th Amendment 2002 added 11th).
  • Secular State — No state religion. State shall not discriminate on grounds of religion.
  • Universal Adult Franchise — All citizens 18+ can vote (lowered from 21 by 61st Amendment, 1989).
  • Single Citizenship — Unlike USA (dual citizenship), India provides only single citizenship.
  • Emergency Provisions — Three types: National Emergency (Art 352), President's Rule (Art 356), Financial Emergency (Art 360).
  • Three-tier Government — 73rd and 74th Amendments (1992) added Panchayati Raj (Part IX) and Municipalities (Part IX-A).
Numbers Every Candidate Must Know
  • Original Articles: 395 · Current Articles: 448
  • Original Schedules: 8 · Current Schedules: 12
  • Original Parts: 22 · Current Parts: 25
  • Fundamental Rights: originally 7 now 6 (Right to Property removed)
  • Fundamental Duties: originally 10 now 11
  • Voting age: 18 years (reduced from 21 by 61st Amendment, 1989)
  • Constitutional Amendments till 2024: 106
Section 6 — Schedules of the Constitution
📑
All 12 Schedules — What Each Contains
High-frequency in CDS — must know which schedule = what
▾
ScheduleContainsExam Note
1stNames of States and Union Territories + territories of eachMost amended schedule
2ndSalaries, allowances, privileges of President, Governors, Speakers, Judges, CAG—
3rdForms of Oaths and Affirmations—
4thAllocation of seats in the Rajya Sabha—
5thAdministration of Scheduled Areas and Scheduled Tribes—
6thAdministration of Tribal Areas in NE India (Assam, Meghalaya, Tripura, Mizoram)Different from 5th
7thThree Lists — Union List (List I), State List (List II), Concurrent List (List III)Most important for CDS
8thOfficial languages of India — currently 22 languagesOriginally 14; Sindhi added 1967
9thActs/Regulations protected from judicial review (land reforms, etc.)Added by 1st Amendment 1951
10thAnti-defection law (disqualification of members)Added by 52nd Amendment 1985
11thPowers and functions of Panchayats (29 subjects)Added by 73rd Amendment 1992
12thPowers and functions of Municipalities (18 subjects)Added by 74th Amendment 1992
7th Schedule — Three Lists (Critical)
  • Union List (List I) — 100 subjects (originally 97) · Parliament alone can legislate · Defence, foreign affairs, atomic energy, railways, banking, currency
  • State List (List II) — 61 subjects (originally 66) · State legislatures · Police, public order, agriculture, land, trade within state, local government
  • Concurrent List (List III) — 52 subjects (originally 47) · Both Parliament and States · Education, forests, trade unions, marriage, adoption, succession · In conflict, Parliament's law prevails
  • Residuary powers — with Parliament (Article 248) — borrowed from Canada
Section 7 — Federalism & Nature of the Indian State
🗺️
Federal Features & Unitary Bias
India: neither purely federal nor purely unitary — a unique blend
▾
Federal FeaturesUnitary / Anti-Federal Features
Written ConstitutionSingle Constitution for Union + States
Division of powers (3 Lists)Residuary powers with Centre
Supremacy of ConstitutionCentre can override State List in national interest
Independent judiciarySingle citizenship (no dual citizenship)
Bicameral legislatureGovernor appointed by Centre, not elected
Rajya Sabha represents StatesParliament can alter State boundaries (Art 3)
Written fundamental rightsAll-India Services (IAS, IPS) — Centre controls
Separate courts at different levelsEmergency provisions destroy federalism temporarily
Key Terms — Precisely Defined
  • "Union of States" — Dr Ambedkar used this term deliberately. "Federation" implies right of secession; "Union" does not. India is indestructible.
  • Quasi-federal — Term used by K.C. Wheare to describe India: "federal in form but unitary in spirit"
  • Cooperative federalism — States and Centre working together (e.g., GST Council)
  • Competitive federalism — States competing with each other to attract investment (NITI Aayog approach)
⚑ Article 1 — Critical

Article 1 declares India as a "Union of States" — NOT "federation of states". This is directly tested. The word "Union" implies the states have no right to secede. The Union is indestructible; states can be created or destroyed by Parliament (Article 3).

Section 8 — Key Constitutional Amendments
⚖️
Most Important Constitutional Amendments
These amendments appear in every exam — know them all
▾
AmendmentYearKey Change
1st1951Added 9th Schedule; restricted FR on property; social reforms protection
7th1956Reorganisation of States on linguistic basis
24th1971Parliament can amend any part including FR (after Golak Nath case)
25th1971Limited Right to Property; inserted Art 31C (DPSP over FR)
42nd1976"Mini-Constitution" — Added Socialist, Secular, Integrity to Preamble; added Fundamental Duties; made DPSP superior; curtailed judicial review; created Administrative Tribunals
44th1978Removed Right to Property as Fundamental Right (now Art 300A, legal right only); restored judicial powers diluted by 42nd; changed definition of Emergency to "armed rebellion"
52nd1985Added 10th Schedule — Anti-defection law
61st1989Lowered voting age from 21 to 18
73rd1992Constitutional status to Panchayati Raj; added Part IX and 11th Schedule
74th1992Constitutional status to Urban Local Bodies; added Part IX-A and 12th Schedule
86th2002Right to Education (Art 21A); added 11th Fundamental Duty; made primary education compulsory
91st2003Limited size of Council of Ministers to 15% of Lok Sabha; strengthened anti-defection
97th2011Constitutional status to cooperative societies; Art 19(1)(c) amended
101st2016Introduced GST; amended 7th Schedule; created GST Council (Art 279A)
103rd201910% reservation for Economically Weaker Sections (EWS)
106th2023Women's reservation — 33% seats in Lok Sabha and State Assemblies
⚑ 42nd Amendment — "Mini Constitution"
  • Made during Emergency (1975–77) by Indira Gandhi government
  • Added words to Preamble: Socialist, Secular, Integrity
  • Added Fundamental Duties (10 originally, Part IV-A)
  • Made DPSP override Fundamental Rights — later reversed by 44th Amendment
  • Most controversial and far-reaching amendment in India's history
Section 9 — Basic Structure Doctrine
🏛️
Basic Structure Doctrine
Kesavananda Bharati — the most important constitutional case
▾
The Basic Structure Doctrine — Origin

In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench of the Supreme Court held by a 7:6 majority that while Parliament can amend any part of the Constitution (including Fundamental Rights) under Article 368, it cannot destroy or alter the Basic Structure of the Constitution.

Elements of Basic Structure (from various SC cases)
  • Supremacy of the Constitution
  • Republican and democratic form of government
  • Secular character of the Constitution
  • Separation of powers between legislature, executive and judiciary
  • Federal character of the Constitution
  • Judicial review (power of courts to review legislation)
  • Rule of Law
  • Free and fair elections
  • Independence of Judiciary
  • Unity and sovereignty of India
  • Welfare state (Directive Principles)
Related Key Cases
  • Shankari Prasad case (1951) — FR can be amended under Art 368
  • Golak Nath case (1967) — FR CANNOT be amended (overruled later)
  • Kesavananda Bharati (1973) — FR can be amended but not Basic Structure
  • Minerva Mills case (1980) — Reaffirmed Basic Structure; harmony between FR and DPSP essential
  • Indra Sawhney case (1992) — 50% cap on reservations; creamy layer exclusion
  • S.R. Bommai case (1994) — Federalism is basic structure; President's Rule subject to judicial review

Scan all high-yield facts from this module before your exam.

📅 Key Dates
  • 9 Dec 1946 — First session of CA (Sachchidananda Sinha, temp chair)
  • 13 Dec 1946 — Objectives Resolution moved by Nehru
  • 26 Nov 1949 — Constitution adopted (Constitution Day)
  • 26 Jan 1950 — Constitution came into force (Republic Day)
  • Time taken: 2 years, 11 months, 18 days
  • Cost: ~₹64 lakh
👥 Key People
  • Rajendra Prasad — President of CA
  • B.R. Ambedkar — Chairman, Drafting Committee
  • Sir B.N. Rau — Constitutional Advisor
  • Nehru — Moved Objectives Resolution
  • M.N. Roy — First demanded CA (1934)
  • H.C. Mukherjee — VP of Constituent Assembly
🌍 Sources — Country → Feature
  • UK — Parliamentary govt, Rule of Law, Writs, CAG
  • USA — FR, Preamble, Judicial Review, Impeachment
  • Ireland — DPSP, Presidential election method
  • Canada — Strong Centre, Residuary powers, Lt. Governor
  • Australia — Concurrent List, Joint Sitting
  • USSR — Fundamental Duties, Social Justice
  • Germany — Emergency provisions
  • South Africa — Amendment procedure (Art 368)
🔢 Numbers to Remember
  • Original Articles: 395 · Now: 448
  • Original Schedules: 8 · Now: 12
  • Original Parts: 22 · Now: 25
  • CA original members: 389 · After Partition: 299
  • Fundamental Rights: 6 (was 7)
  • Fundamental Duties: 11 (was 10)
  • Voting age: 18 (was 21 before 61st Amendment)
  • 8th Schedule languages: 22
⚖️ Key Amendments
  • 1st (1951) — 9th Schedule added
  • 42nd (1976) — "Mini Constitution"; Socialist + Secular; Fundamental Duties
  • 44th (1978) — Removed Right to Property as FR
  • 52nd (1985) — Anti-defection (10th Schedule)
  • 61st (1989) — Voting age 21 → 18
  • 73rd/74th (1992) — Panchayati Raj + Municipalities
  • 86th (2002) — Right to Education + 11th FD
  • 101st (2016) — GST
  • 106th (2023) — Women's 33% reservation
📑 Key Schedules
  • 1st — States and UTs
  • 7th — Three Lists (Union, State, Concurrent)
  • 8th — 22 Official Languages
  • 9th — Acts beyond judicial review (1st Amend.)
  • 10th — Anti-defection law (52nd Amend.)
  • 11th — Panchayat subjects (29)
  • 12th — Municipality subjects (18)
🏛️ Preamble Keywords
  • Socialist + Secular + Integrity — added by 42nd Amend. 1976
  • Preamble amended only once — 42nd Amendment
  • Justice — from Russian Revolution
  • Liberty, Equality, Fraternity — from French Revolution
  • Preamble idea — from USA
  • Preamble is part of Constitution — Kesavananda Bharati (1973)
🗺️ Key Historical Acts
  • 1858 — Company → Crown; Viceroy created
  • 1909 — Morley-Minto; Separate electorates for Muslims
  • 1919 — Dyarchy in provinces; Bicameral legislature at Centre
  • 1935 — Biggest source; 3 Lists; Federal Court; RBI; Provincial autonomy
  • 1947 — Independence Act; CA became sovereign
0
Attempted
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Correct
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40
Total
0 of 40 answered
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