Constitution of India

The Constituent Assembly was formed under the Cabinet Mission Plan (1946), NOT the Cripps Mission. Total strength was 389 (later 299 after Partition). Members were INDIRECTLY elected by Provincial Assemblies via proportional representation (single transferable vote). First meeting: 9 December 1946; Dr. Sachchidananda Sinha was the temporary/provisional President. Dr. Rajendra Prasad became permanent President on 11 December 1946. The Objective Resolution was moved by Jawaharlal Nehru on 13 December 1946. Memory aid: 'Sinha started, Prasad presided.' The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950 (chosen to commemorate Purna Swaraj Day of 1930). It took 2 years, 11 months, 18 days.

Drafting Committee (most important): Dr. B.R. Ambedkar — 7 members. Union Powers Committee, Union Constitution Committee, and States Committee: all chaired by Jawaharlal Nehru. Provincial Constitution Committee: Sardar Vallabhbhai Patel. Patel also chaired the Advisory Committee on Fundamental Rights and Minorities. Rules of Procedure Committee and Steering Committee: Dr. Rajendra Prasad. B.N. Rau was the Constitutional Advisor (not a Drafting Committee member). H.V.R. Iyengar was Secretary. Memory aid: Nehru = 'Union' man; Patel = 'Provincial + Rights'; Prasad = 'Rules + Steering'. Drafting Committee 7 members: Ambedkar, N. Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, K.M. Munshi, Saiyid Saadulla, N. Madhava Rau (replaced B.L. Mitter), T.T. Krishnamachari (replaced D.P. Khaitan).

Borrowed features (very high frequency in Prelims): GoI Act 1935 — federal scheme, office of Governor, emergency provisions, public service commissions (largest single source). UK — parliamentary system, rule of law, single citizenship, cabinet system, bicameralism, writs. USA — Fundamental Rights, judicial review, independence of judiciary, impeachment of President, removal of judges, preamble idea. Ireland — Directive Principles (DPSP), nomination to Rajya Sabha, method of Presidential election. Canada — federation with strong centre, residuary powers with Centre, appointment of state Governors by Centre. Australia — Concurrent List, joint sitting, freedom of trade. South Africa — amendment procedure, election of Rajya Sabha members. USSR — Fundamental Duties, ideals of justice in Preamble. France — Republic, liberty-equality-fraternity. Japan — procedure established by law. Weimar (Germany) — suspension of FRs during emergency.

Order of keywords (memory aid 'SSSDR' for nature + 'JLEF' for objectives): India is described as SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC. Objectives: JUSTICE (social, economic, political), LIBERTY (thought, expression, belief, faith, worship), EQUALITY (of status and opportunity), FRATERNITY (assuring dignity of the individual and unity and integrity of the Nation). The 42nd Amendment Act, 1976 added THREE words: 'SOCIALIST', 'SECULAR', and 'INTEGRITY'. The Preamble has been amended only ONCE (42nd Amendment). In Berubari Union case (1960) SC held Preamble is NOT part of Constitution; in Kesavananda Bharati (1973) it reversed this — Preamble IS part of the Constitution and can be amended without destroying basic structure. The Preamble is non-justiciable.

Lengthiest written constitution in the world. Blend of rigidity and flexibility (amendment via Art. 368). Federal system with unitary bias / quasi-federal. Parliamentary form of government (Westminster model). Synthesis of parliamentary sovereignty (UK) and judicial supremacy (US) — integrated review. Integrated and independent judiciary (single hierarchy). Fundamental Rights + Directive Principles + Fundamental Duties. Indian secularism (state has no official religion). Universal Adult Franchise. Single citizenship. Emergency provisions. Three-tier government (added by 73rd & 74th Amendments, 1992). Independent bodies (Election Commission, CAG, UPSC). Originally the Constitution had a Preamble, 395 Articles in 22 Parts, and 8 Schedules; currently it has about 470 Articles, 25 Parts, and 12 Schedules.

In Kesavananda Bharati v. State of Kerala (1973), a 13-judge bench (largest ever) ruled that the Preamble is a part of the Constitution and reflects its basic structure. It can be amended under Article 368, but the 'basic features' embodied in it cannot be altered. The LIC of India case (1995) reaffirmed that the Preamble is an integral part. Practical exam trap: The Preamble is neither a source of power nor a limitation on the powers of the legislature; it is non-enforceable in a court of law (non-justiciable). It is, however, used as a 'key to open the minds of the framers' for interpretation.

Memory aid '1-2-3 territory, money, oath': First — States and Union Territories with their territories. Second — Salaries/emoluments of President, Governors, Speaker, Judges, CAG, etc. Third — Forms of Oaths and Affirmations. Fourth — Allocation of Rajya Sabha seats to states/UTs. Fifth — Administration of Scheduled Areas and Scheduled Tribes. Sixth — Administration of Tribal Areas in Assam, Meghalaya, Tripura, Mizoram. Seventh — Three Lists (Union-100, State-61, Concurrent-52; numbers as currently amended). Eighth — 22 official languages. Ninth — Acts/regulations immune from judicial review (added by 1st Amendment, 1951; but laws added after 24 April 1973 can be reviewed if they violate basic structure — I.R. Coelho, 2007). Tenth — Anti-defection provisions (52nd Amendment, 1985). Eleventh — Panchayat powers (73rd Amendment). Twelfth — Municipality powers (74th Amendment).

Part I (Art 1-4): Union and its territory. Part II (5-11): Citizenship. Part III (12-35): Fundamental Rights. Part IV (36-51): Directive Principles. Part IVA (51A): Fundamental Duties. Part V (52-151): Union government. Part VI (152-237): State government. Part IX (243-243O): Panchayats; Part IXA (243P-243ZG): Municipalities; Part IXB (243ZH-243ZT): Co-operative Societies. Part XI (245-263): Centre-State relations. Part XIV (308-323): Services + Part XIVA (323A-323B): Tribunals. Part XVIII (352-360): Emergency provisions. Part XX (368): Amendment. Memory aid: 'FR=3, DPSP=4, Duties=4A.' Part VII (dealing with Part B states) was repealed by the 7th Amendment, 1956.

Tenth Schedule (Anti-Defection Law) was added by the 52nd Amendment, 1985, and the deciding authority is the Presiding Officer (Speaker/Chairman), whose decision is subject to judicial review (Kihoto Hollohan case, 1992). The 91st Amendment (2003) deleted the 'split' exception, retaining only the 'merger' exception (2/3rd of members). Ninth Schedule trap: It was created by the FIRST Amendment Act, 1951, to protect land reform laws from judicial review under Article 31B. However, in I.R. Coelho v. State of Tamil Nadu (2007), the SC held that laws placed in the Ninth Schedule AFTER 24 April 1973 (Kesavananda date) are open to judicial review if they violate the basic structure or Fundamental Rights.

Memory aid '50-50-50+half': (1) By SIMPLE majority of Parliament — outside the scope of Art 368 (e.g., admission/creation of new states, citizenship, creation/abolition of legislative councils, salaries of MPs). (2) By SPECIAL majority of Parliament under Art 368 — majority of total membership of each House AND a 2/3rd majority of members present and voting (e.g., Fundamental Rights, DPSP). (3) By SPECIAL majority of Parliament PLUS ratification by at least HALF of the state legislatures (by simple majority) — for federal provisions: election of President, distribution of legislative powers (Seventh Schedule), representation of states in Parliament, Article 368 itself, powers of the SC and HCs. An amendment bill can be introduced in EITHER House, by a Minister or a private member, and needs NO prior permission of the President. There is no provision for a joint sitting on an amendment bill.

Shankari Prasad (1951) & Sajjan Singh (1965): Parliament can amend any part including FRs (Art 368). Golaknath (1967): reversed — FRs cannot be amended/abridged. 24th Amendment (1971): asserted Parliament's power to amend any part. Kesavananda Bharati (1973): landmark — Parliament can amend any part INCLUDING FRs, but cannot alter the 'basic structure' (doctrine born here; 7-6 verdict, 13 judges). 42nd Amendment (1976): tried to make amending power unlimited and exclude judicial review (Sec 4 & 5). Minerva Mills (1980): struck this down; held judicial review and limited amending power are themselves basic features. Waman Rao (1981): basic structure applies to amendments after 24 April 1973. Basic features (illustrative, not exhaustive): supremacy of Constitution, rule of law, separation of powers, judicial review, federalism, secularism, free & fair elections, parliamentary system, harmony between FRs & DPSP.

Trap: only provisions affecting the federal structure require ratification by half the states. Examples REQUIRING ratification: changes to the manner of election of the President (Art 54, 55); extent of executive power of Union & States; Supreme Court and High Courts; distribution of legislative powers between Centre and States; any of the Lists in the Seventh Schedule; representation of states in Parliament; and Article 368 itself. Examples NOT requiring ratification (special majority alone suffices): amending Fundamental Rights, DPSP, or the Preamble. Note that the GST Amendment (101st, 2016) required state ratification because it altered Centre-State financial/legislative powers. Remember: the President MUST give assent to a Constitution Amendment Bill (he has no veto/return power after the 24th Amendment).