Constitution, Preamble, Fundamental Rights, DPSP and Duties

How the Constitution was made

• Cabinet Mission Plan (1946) set up the Constituent Assembly. Members were indirectly elected by the provincial assemblies; princely states nominated theirs. Total planned strength was 389. After Partition it came down to 299.
• First meeting: 9 December 1946. Interim President Sachchidananda Sinha; permanent President Dr Rajendra Prasad (11 December 1946).
• Objectives Resolution: moved by Nehru on 13 December 1946, adopted on 22 January 1947. It became the Preamble.
• Drafting Committee: set up on 29 August 1947, chaired by Dr B. R. Ambedkar. B. N. Rau was the Constitutional Adviser.
• Adopted: 26 November 1949 (Constitution Day). Some provisions came into force at once: citizenship, elections, provisional Parliament.
• In force: 26 January 1950 (Republic Day). The date honours the 1930 Purna Swaraj Day.
• The process took about 2 years, 11 months and 18 days. As adopted, the Constitution had a Preamble, 395 Articles in 22 Parts, and 8 Schedules. Today there are 12 Schedules.

Sources of the Constitution

Source	What India took
Government of India Act 1935	Federal scheme, office of Governor, judiciary, PSCs, emergency provisions, administrative details
Britain	Parliamentary government, rule of law, single citizenship, cabinet system, writs, bicameralism
USA	Fundamental Rights, judicial review, independence of judiciary, impeachment of President, removal of judges, Vice-President
Ireland	Directive Principles, nomination of Rajya Sabha members, method of electing the President
Canada	Federation with a strong Centre, residuary powers with the Centre, appointment of Governors by the Centre
Australia	Concurrent List, joint sitting of the two Houses, freedom of trade and commerce
Germany (Weimar)	Suspension of Fundamental Rights during an Emergency
USSR	Fundamental Duties, ideal of justice (social, economic, political) in the Preamble
France	Republic; liberty, equality and fraternity
South Africa	Procedure for amendment, election of Rajya Sabha members

The Preamble

"We, the people of India" shows that authority comes from the people. The Preamble describes India as Sovereign, Socialist, Secular, Democratic Republic. Its objectives are Justice (social, economic, political), Liberty (of thought, expression, belief, faith, worship), Equality (of status and opportunity) and Fraternity (dignity of the individual, unity and integrity of the nation).

• The 42nd Amendment (1976) added Socialist, Secular and Integrity. It is the only amendment ever made to the Preamble.
• In Berubari (1960) the Supreme Court said the Preamble is not part of the Constitution. Kesavananda Bharati (1973) reversed this: it is part of the Constitution and can be amended, but not in a way that damages the basic structure.
• The Preamble is not enforceable in a court, but it helps interpret the Articles.

Salient features

• One of the longest written constitutions. It is partly rigid and partly flexible: some amendments need a simple majority, some a special majority, and some also need ratification by half the states.
• Federal system with unitary features. The word "federation" is not used; Article 1 says "India, that is Bharat, shall be a Union of States".
• Parliamentary government at the Centre and in the states.
• Integrated, independent judiciary with judicial review.
• Single citizenship, universal adult franchise (voting age lowered from 21 to 18 by the 61st Amendment, 1988), emergency provisions, and three-tier government after the 73rd and 74th Amendments.

Fundamental Rights (Part III, Articles 12–35)

Article 12 defines "State". Article 13 makes laws that violate Fundamental Rights void; this is the base of judicial review.

Right	Articles	Key points
Equality	14–18	14 equality before law and equal protection; 15 no discrimination; 15(4), 15(5) and 15(6) allow special provisions (15(6) EWS, 103rd Amendment 2019); 16 equal opportunity in public jobs; 17 untouchability abolished; 18 titles abolished
Freedom	19–22	19 six freedoms (speech, assembly, association, movement, residence, profession); 20 protection in conviction; 21 life and personal liberty; 21A education 6–14; 22 protection against arbitrary arrest
Against exploitation	23–24	23 no trafficking or forced labour; 24 no child under 14 in factories, mines or hazardous work
Freedom of religion	25–28	Conscience and free practice, religious affairs, no tax for a religion, no religious instruction in fully state-funded institutions
Cultural and educational	29–30	Protection of the language, script and culture of minorities; minorities' right to set up educational institutions
Constitutional remedies	32	Writs: habeas corpus, mandamus, prohibition, certiorari, quo warranto

Right to property was removed from Part III by the 44th Amendment (1978). It is now a constitutional (legal) right under Article 300A.

Writs: the Supreme Court issues them under Article 32 and High Courts under Article 226. High Court writ power is wider, because it also covers "any other purpose", meaning legal rights.

• Habeas corpus: produce a detained person.
• Mandamus: order a public authority to do its duty.
• Prohibition: stop a lower court from going beyond its jurisdiction while the case is pending.
• Certiorari: quash an order already passed by a lower court or tribunal.
• Quo warranto: ask by what authority a person holds a public office.

Key cases

• A. K. Gopalan (1950) read Article 21 narrowly. Maneka Gandhi (1978) held that the procedure must be "just, fair and reasonable", which brings in a due-process approach.
• Indra Sawhney (1992): 50% ceiling on reservation and the creamy-layer rule for OBCs.
• K. S. Puttaswamy (2017): privacy is a Fundamental Right under Article 21.
• Navtej Singh Johar (2018): Section 377 read down.
• Janhit Abhiyan (2022): EWS quota upheld.

Emergency: under Article 359 the President can suspend the enforcement of rights during a national emergency, except Articles 20 and 21 (44th Amendment). Article 19 is suspended automatically under Article 358 only when the emergency is declared on the ground of war or external aggression.

Directive Principles of State Policy (Part IV, Articles 36–51)

DPSPs are not justiciable (Article 37) but are "fundamental in the governance of the country". They are commonly grouped as:

• Socialist: 38 (social order and reduce inequality), 39 (adequate livelihood, equal pay, no concentration of wealth, children's health), 39A (free legal aid), 41 (work, education, public assistance), 42 (just and humane work conditions, maternity relief), 43 (living wage), 43A (workers in management), 47 (nutrition, public health, prohibition).
• Gandhian: 40 (village panchayats), 43 (cottage industries), 43B (cooperatives, added by the 97th Amendment), 46 (SCs, STs, weaker sections), 47 (prohibition), 48 (ban cow slaughter, improve breeds).
• Liberal-intellectual: 44 (uniform civil code), 45 (early childhood care below six), 48 (scientific agriculture), 48A (environment, forests, wildlife), 49 (monuments), 50 (separate judiciary from executive), 51 (international peace).

Articles 39A, 43A and 48A were added by the 42nd Amendment. Minerva Mills (1980) held that the Constitution rests on a balance between Fundamental Rights and DPSPs. Giving DPSPs absolute primacy over Articles 14 and 19 would destroy the basic structure.

Fundamental Duties (Part IV-A, Article 51A)

There are 11 duties. Ten were added by the 42nd Amendment on the Swaran Singh Committee's advice. The 11th was added by the 86th Amendment (2002): parents must provide opportunities for education to children aged 6 to 14. The idea came from the USSR. The duties include:

• respect the Constitution, the National Flag and the National Anthem;
• cherish the ideals of the freedom struggle;
• uphold sovereignty, unity and integrity;
• defend the country;
• promote harmony and renounce practices derogatory to women;
• preserve the composite culture;
• protect the environment;
• develop scientific temper;
• safeguard public property;
• strive for excellence.

They are not directly enforceable, but courts use them to interpret laws.

Amendment (Article 368) and basic structure

• Simple majority (outside Article 368): for example, creating new states (Articles 2–4), citizenship, the quorum of Parliament.
• Special majority: a majority of the total membership of each House and two-thirds of those present and voting. This is used for most amendments, including Fundamental Rights and DPSPs.
• Special majority plus ratification by half of the state legislatures: for federal provisions, such as the election of the President, the Supreme Court and High Courts, distribution of powers, representation of states in Parliament, GST (101st), and Article 368 itself.
• There is no joint sitting for a Constitution Amendment Bill. The President must give assent (24th Amendment).

Path of the doctrine

• Shankari Prasad (1951): Parliament can amend Fundamental Rights.
• Golaknath (1967): it cannot.
• 24th Amendment (1971): restored the power.
• Kesavananda Bharati (1973): amend anything except the basic structure.
• Indira Gandhi v. Raj Narain (1975): free and fair elections are part of the basic structure.
• Minerva Mills (1980): limited amending power and judicial review are basic features.
• S. R. Bommai (1994): federalism and secularism are basic features.

Elements held to be basic structure: supremacy of the Constitution, the republican and democratic form, secularism, separation of powers, federalism, judicial review, rule of law, free and fair elections, independence of the judiciary, and the welfare state.

Exam tip: UPSC likes statement-based questions that mix up "persons" and "citizens", and "suspended during an emergency" and "cannot be suspended". State PSCs often ask the year and the amendment. Make a one-page table of the 42nd, 44th, 61st, 73rd, 74th, 86th, 101st, 103rd and 106th Amendments. The 106th (2023) reserves one-third of seats in the Lok Sabha and state assemblies for women, from a delimitation after the next census.