Preamble and Salient Features of the Indian Constitution Notes

The Constitution of India is the supreme law of our country. It tells us how the government is organised, what rights citizens have, what duties the state must follow and how power is shared between the Centre and the states. The Preamble is its introduction and shows the dreams of the people who made it. For UPSC, this chapter is the base of Polity: you will get direct questions in Prelims on the making of the Constitution, its sources, the Preamble and its features, and Mains questions often ask you to explain the philosophy and character of the Constitution. This note is written in simple language with tables and examples.

Making of the Constitution

The Constituent Assembly was formed in 1946 under the Cabinet Mission Plan. It had 389 members at first (296 from British India and 93 from the princely states), and after the Partition about 299 members remained. It first met on 9 December 1946 with Dr. Sachchidananda Sinha as the temporary chairman, and Dr. Rajendra Prasad was elected its permanent President. Jawaharlal Nehru moved the Objectives Resolution on 13 December 1946, which was adopted on 22 January 1947 and became the base of the Preamble. A Drafting Committee of seven members was set up on 29 August 1947 with Dr. B. R. Ambedkar as its Chairman. B. N. Rau was the constitutional adviser. The Assembly took 2 years, 11 months and 18 days to finish its work. The Constitution was adopted on 26 November 1949 (celebrated as Constitution Day) and came into force on 26 January 1950 (Republic Day), the same date as the Purna Swaraj Day of 1930.

The original Constitution had 395 Articles, 22 Parts and 8 Schedules. Today it has more than 440 Articles, 25 Parts and 12 Schedules because of amendments.

Sources of the Indian Constitution

Some critics said that the Constitution is a "bag of borrowings". Dr. Ambedkar replied that the makers took good ideas from the world but adapted them to Indian needs, and that borrowing is not a sin.

The Preamble

The Preamble states the purpose and the ideals of the Constitution. In short, it says that "We, the people of India" have decided to make India a Sovereign, Socialist, Secular, Democratic Republic and to secure for all citizens justice, liberty, equality and fraternity. It ends with the date of adoption, 26 November 1949.

Meaning of the Key Words

• Sovereign: India is free from any outside control and takes its own decisions in internal and external matters.
• Socialist: added by the 42nd Amendment (1976). It means "democratic socialism", with the aim of reducing inequality in a mixed economy.
• Secular: also added in 1976. The state has no official religion and treats all religions equally and with respect.
• Democratic: the people elect their rulers by universal adult franchise, and this includes political, social and economic democracy.
• Republic: the head of the state (the President) is elected and not hereditary.
• Justice: social, economic and political justice. Liberty: freedom of thought, expression, belief, faith and worship. Equality: of status and of opportunity. Fraternity: brotherhood that assures the dignity of the individual and the unity and integrity of the nation.

Legal Position of the Preamble

In the Berubari Union case (1960), the Supreme Court said that the Preamble is not a part of the Constitution. But in the Kesavananda Bharati case (1973), it overruled that view and held that the Preamble is a part of the Constitution and can be amended, though not in a way that destroys the basic structure. The Preamble is neither a source of power for the legislature nor a limit on its powers, and it is not enforceable in a court. It has been amended only once, by the 42nd Amendment in 1976, which added the words "socialist", "secular" and "integrity".

Salient Features of the Constitution

• Lengthiest written constitution: it is very detailed because it covers the Centre and the states, rights and administration in one document.
• Blend of rigidity and flexibility: under Article 368, some parts can be changed by a simple majority, some by a special majority and some need a special majority together with the approval of half of the state legislatures.
• Federal system with a unitary bias: Article 1 calls India a "Union of States". It has two levels of government and a division of powers, but has a strong Centre, a single citizenship, emergency powers and an all-India civil service.
• Parliamentary form of government: the executive is responsible to the legislature at both the Centre and the states.
• Fundamental Rights and Directive Principles: civil and political rights are enforceable, while social and economic goals are guidelines. Fundamental Duties were added by the 42nd Amendment (1976) and a new duty was added by the 86th Amendment, so they are now 11.
• Independent and integrated judiciary: a single system of courts with the Supreme Court at the top, with the power of judicial review.
• Universal adult franchise: every citizen aged 18 and above (reduced from 21 by the 61st Amendment, 1988) can vote.
• Secular state, single citizenship and independent bodies like the Election Commission, the CAG and the UPSC.
• Emergency provisions (Articles 352, 356 and 360) and the three-tier government introduced through the 73rd and 74th Amendments for panchayats and municipalities.

The Basic Structure Doctrine

In the Kesavananda Bharati case, the Supreme Court said that Parliament has the power to amend the Constitution but cannot change its "basic structure". Features accepted as part of it include the supremacy of the Constitution, democracy, the republican form, secularism, federalism, separation of powers, judicial review and the rule of law.

Mains Angle: Is the Constitution Federal or Unitary?

A balanced answer says that the Constitution is neither purely federal nor purely unitary. K. C. Wheare called it "quasi-federal", and the Supreme Court has said that it is federal in structure but with a strong tendency towards the Centre in times of need. You can give examples: the Union List is larger than the State List, the Governor is appointed by the Centre, Parliament can make laws on state subjects in the national interest and President's Rule can be imposed. At the same time, the courts, the Finance Commission, the GST Council and the Inter-State Council support cooperative federalism. End with the view that this design is practical for a large and diverse country.

Committees and Important Personalities of the Constituent Assembly

The Assembly worked through many committees. The Union Powers Committee, the Union Constitution Committee and the Provincial Constitution Committee were headed by Jawaharlal Nehru, and the Committee on Fundamental Rights and Minorities was headed by Sardar Vallabhbhai Patel. The Steering Committee was led by Dr. Rajendra Prasad. Women members such as Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Rajkumari Amrit Kaur and Vijaya Lakshmi Pandit also took an active part. The handwritten original Constitution was calligraphed by Prem Behari Narain Raizada in the italic style, and the artists of Shantiniketan, led by Nandalal Bose, decorated its pages. Knowing such facts helps with direct Prelims questions.

How to Study This Chapter

1. Learn the timeline from 1946 to 1950 in one small chart.
2. Prepare the table of sources and revise it often, since it is a favourite Prelims topic.
3. Read the Preamble line by line and write one example for each key word.
4. Write one Mains answer on whether the Constitution is federal or unitary, with examples.

Practice Statements and Common Mistakes

• "The Preamble has been amended twice." Wrong. It was amended only once, in 1976.
• "The Drafting Committee was headed by Dr. Rajendra Prasad." Wrong. It was headed by Dr. B. R. Ambedkar.
• "The idea of Directive Principles came from the Irish Constitution." Correct.
• Do not mix up the date of adoption (26 November 1949) and the date of commencement (26 January 1950).

Quick Revision

• Constituent Assembly: first met on 9 December 1946; Drafting Committee chair: Dr. Ambedkar.
• Adopted on 26 November 1949; in force from 26 January 1950.
• Preamble: Sovereign, Socialist, Secular, Democratic, Republic; amended once in 1976.

The Preamble and the salient features are the soul of the Constitution. Learn the dates and the sources in a table, understand each word of the Preamble with an example and prepare one Mains answer on its federal character, and you will find the rest of Polity easier to understand.

Related Notes to Read Next

Continue your preparation with these related notes from the same subject:

• Fundamental Rights Notes for UPSC
• Directive Principles and Fundamental Duties Notes for UPSC
• Parliament of India Notes for UPSC
• All Indian Polity and Governance notes

Frequently Asked Questions (FAQ)

When was the Constitution of India adopted and enforced?

The Constitution was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950.

Who was the chairman of the Drafting Committee?

Dr. B. R. Ambedkar was the chairman of the Drafting Committee, which was set up on 29 August 1947 with seven members.

Who was the President of the Constituent Assembly?

Dr. Rajendra Prasad was the permanent President of the Constituent Assembly. Dr. Sachchidananda Sinha was its temporary chairman at the first meeting.

What is the Preamble of the Indian Constitution?

The Preamble is the introduction to the Constitution. It states the ideals of justice, liberty, equality and fraternity and declares India a sovereign, socialist, secular, democratic republic.

Is the Preamble a part of the Constitution?

Yes. In the Kesavananda Bharati case (1973), the Supreme Court held that the Preamble is a part of the Constitution, though it is not enforceable in a court of law.

Which amendment changed the Preamble?

The 42nd Amendment of 1976 changed the Preamble by adding the words socialist, secular and integrity. It is the only amendment made to the Preamble so far.

What does secular mean in the Indian Constitution?

Secular means that the Indian state has no official religion and treats all religions equally, and gives every citizen freedom to follow their faith.

Which features did India borrow from other constitutions?

India borrowed the parliamentary system from Britain, Fundamental Rights and judicial review from the USA, Directive Principles from Ireland, the federal scheme with a strong Centre from Canada and emergency provisions from Germany.

Why is the Indian Constitution called both rigid and flexible?

Because some parts can be amended easily by a simple majority, while others need a special majority and the approval of states, as laid down in Article 368.

What is the basic structure doctrine?

The basic structure doctrine, from the Kesavananda Bharati case, states that Parliament can amend the Constitution but cannot destroy its basic features such as democracy, federalism and judicial review.

How many Articles, Parts and Schedules did the original Constitution have?

The original Constitution had 395 Articles, 22 Parts and 8 Schedules. Today it has more than 440 Articles, 25 Parts and 12 Schedules.

What was the Objectives Resolution?

The Objectives Resolution, moved by Jawaharlal Nehru on 13 December 1946 and adopted on 22 January 1947, laid down the aims of the Constitution and became the base of the Preamble.