Introduction to the Constitution of India & Preamble | Legal Reasoning for CLAT PDF Download

What is the Constitution of India?

• The Indian Constitution is unique in both spirit and content. Despite incorporating several features from constitutions around the world, it stands as a distinctive document. 
• Adopted by the Government of India on November 26, 1949, the original Constitution has undergone significant changes through various amendments, such as the 7th, 42nd, 44th, 73rd, and 74th Amendments.
• Initially, the Indian Constitution was the lengthiest written constitution in the world, comprising 395 Articles, 22 parts, and 8 Schedules. However, following the Constitution (105th Amendment) Act, 2021, it now consists of 470 Articles, 25 parts, 12 Schedules, and 105 amendments.

Nature of the Indian Constitution

The Constitution is of two kinds:

1. Unitary

• In a Unitary Constitution, the powers of the Government are centralized in one Government.

2. Federal

• In Federal Constitution, there is a division of Powers between the federal and the State Governments and both are independent in their own spheres. The American Constitution is universally regarded as an example of the Federal Constitution. 

Constitution of India – The Preamble

• The idea of a Preamble is borrowed from the American Constitution. The words ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the Preamble by the 42nd Amendment,1976.
• The first constitution to start with a preamble was the American Constitution. The Indian constitution also starts with one. The Preamble is basically the introduction or preface to the Constitution. It sums up the essence of the Constitution. N A Palkhivala, a constitutional expert, referred to the Preamble as the ‘Identity card of the Constitution’.
• The Preamble is based on Pandit Nehru’s Objective Resolution that he moved and was adopted by the Constituent Assembly. The Preamble has been amended in 1976 by the 42nd Amendment which added the words ‘socialist’, ‘secular’, and ‘integrity’ to it.

Purpose of the Preamble 

• The preamble to the Constitution is a key to opening the minds of the makers and shows the general purpose for which they made several provisions in the Constitution. The preamble serves the following purposes:

1. It discloses the source of the Constitution.
2. It lays down the date of the commencement of the Constitution.
3. It set out the rights and freedoms which the people of India wished to secure for themselves.
4. It declares the nature of the government.

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.

The Four Components of the Preamble

• The Preamble indicates that the source of authority of the Constitution lies with the people of India.
• It declares India to be a socialist, secular, secular, democratic, and republican nation.
• It states its objectives to secure justice, liberty, and equality for all citizens and promote fraternity to maintain the unity and integrity of the nation.
• It mentions the date (November 26, 1949) on which the constitution was adopted.

The Keywords Used in the Preamble 

• Sovereign: The Preamble proclaims that India is a Sovereign State. 'Sovereign' means that India has its own independent authority and it is not a dominion or dependent state of any other external power. 
• Socialist: The word 'Socialist' was added to the Preamble by the 42nd Constitutional Amendment in 1976. Socialism means the achievement of socialist ends through democratic means. India has adopted 'Democratic Socialism'. 
• Secular: The term secular in the Constitution of India means that all the religions in India get equal respect, protection, and support from the state. 
• Democratic: The term Democratic indicates that the Constitution has established a form of government that gets its authority from the will of the people expressed in an election.  
• Republic: No room for a hereditary ruler or monarch.
  
  Question for Introduction to the Constitution of India & Preamble

  Try yourself:The solemn resolution in the preamble of our constitution is made in the name of

  • A.

    People of India
  • B.

    Constitution of India
  • C.

    Indian independence Act 1947
  • D.

    None of these

  Explanation

  'WE THE PEOPLE OF INDIA' 

  The solemn resolution in the preamble of our constitution is made in the name of People of India

   

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  Question for Introduction to the Constitution of India & Preamble

  Try yourself:. What is the true meaning of "Secular"?

  • A.

    All religions are equal in the eyes of the government
  • B.

    Special importance to a religion related to minorities
  • C.

    One religion is promoted by the government
  • D.

    None of the following

  Explanation

  The correct answer is a) All religions are equal in the eyes of the government.

  "Secular" means that the government does not favor or promote any particular religion and treats all religions equally. It implies that there is a separation between religion and government, ensuring that religious beliefs do not influence government policies, and vice versa.

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Amenability of the Preamble

Q. Whether Preamble is part of the Constitution?

• The question of whether the Preamble can be amended or not was resolved by the Supreme Court in the famous Keshavananda Bharati Case (1973). In this case, the Supreme Court held that the Preamble is a part of the Constitution and can be amended, subject to the condition that it does not violate the ‘Basic Features of The Constitution’ as propounded by it.

Q. Whether the preamble can be amended?

• The Preamble has been amended only once in 1976, by the 42nd Constitutional Amendment, which added three new words ‘socialist, secular, and integrity’. 
• It was held that these words are clarificatory in nature and did not make any substantial difference to the polity or the State in the sense that socialism, secularism, and national integrity were already implicit in the Preamble and the rest of the Constitution as originally framed.

Parts of the Constitution

The Indian Constitution originally contained 395 Articles, 8 Schedules, and 22 Parts of Indian Constitution. Later, three parts were added as modifications, namely 9A Municipalities, 9B Co-operative societies, and 14A tribunals, bringing the total to 25. The Indian Constitution now consists of 448 Articles, 25 Parts, and 12 Schedules. 

Schedules contain information that is not included in an Article or Part. It should be noted that anytime a new Article or Part is added to the Indian Constitution, it is done alphabetically (for example, Article 21 A) so that the structure of the Constitution is not disturbed.

List of Parts of Indian Constitution

The Indian Constitution is a written document that includes the supreme legislation of the land. The Constituent Assembly, which included Dr. B.R. Ambedkar, Rajendra Prasad, Jawaharlal Nehru, and others, created the constitution. It was formally adopted on January 26, 1950. The constitution is divided into sections that split the agenda into particular items. The Indian constitution is divided into 25 parts, learn more about the Parts of Indian Constitution listed below:

Schedules of the Constitution

• At the time of enactment of the constitution, there were eight schedules, and Schedules 11 and 12 were added by the 73^rd and 74^th amendments. At present, there are 12 schedules in the constitution.
  

1. First Schedule: It contains the list of States and Union Territories in the country.

• The State
• The Union Territories

2. Second Schedule: The provisions in relation to allowances, privileges, emoluments of:

• President of India
• Governors of Indian States
• Speaker of Lok Sabha & Deputy Speaker of Lok Sabha
• Chairman of Rajya Sabha & Deputy Chairman of Rajya Sabha
• Speaker and Deputy Speaker of Legislative Assemblies of Indian States
• Chairman and Deputy Chairman of Legislative Councils of the Indian States
• Supreme Court Judges
• High Court Judges
• Comptroller & Auditor General of India (CAG)

3. Third Schedule: Forms of Oaths or Affirmations.

It contains the forms of oath and affirmation for:

• Union Ministers of India
• Parliament Election Candidates
• Members of Parliament (MPs)
• Supreme Court Judges
• Comptroller and Auditor General
• State Ministers
• State Legislature Elections’ Candidates
• State Legislature Members
• High Court Judges

4. Fourth Schedule: It contains the provisions in relation to the allocation of seats for States and Union Territories in the Rajya Sabha
5. Fifth Schedule: Provisions as to the administration and Control of Scheduled Areas and Scheduled Tribes.

• Part A: General
• Part B: Administration and Control of Scheduled Areas and Scheduled Tribes.
• Part C: Scheduled Areas
• Part D: Amendment of the Schedule

6. Sixth Schedule: Provisions as to the administration of Tribal Areas in Assam, Meghalaya, Tripura, and Mizoram.
7. Seventh Schedule: This schedule gives us the legislative lists:

• List I: Union List
• List II: State List
• List III: Concurrent List

8. Eighth Schedule: It deals with the 22 official languages recognized by the Constitution of India:

• Assamese
• Bengali
• Bodo
• Dogri (Dongri)
• Gujarati
• Hindi
• Kannada
• Kashmiri
• Konkani
• Mathili (Maithili)
• Malayalam
• Manipuri
• Marathi
• Nepali
• Oriya
• Punjabi
• Sanskrit
• Santhali
• Sindhi
• Tamil
• Telugu
• Urdu

9. Ninth Schedule: 

It deals with the state acts and regulations of that deal with land reforms and abolition of the zamindari system. It also deals with the acts and regulations of the Parliament dealing with other matters.

Note: 1st Amendment Act 1951 added the Ninth Schedule to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. However, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.
10. Tenth Schedule: 

It contains provisions relating to disqualification of the members of Parliament and State Legislatures on the ground of defection.

Note: This schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law

11. Eleventh Schedule: It contains the provisions that specify the powers, authority and responsibilities of Panchayats. It has 29 matters.

Note: This schedule was added by the 73rd Amendment Act of 1992

12. Twelfth Schedule: It deals with the provisions that specify the powers, authority and responsibilities of Municipalities. It has 18 matters.
Article 243W – (Powers, authority, and responsibilities of Municipalities, etc. – 74^th Amendment, 1992)

Note: This schedule was added by the 74th Amendment Act of 1992

The Union and its Territory

• The name of the States and Union Territories and the territories covered by each of them is described in the first schedule. It also provides that no State can secede from the union nor can it suo moto vary its territory as given in the First Schedule.
• Part 1 (Article 1 – 4): Article 1 of the Constitution says, “India, that is Bharat, shall be a Union of States”. The expression Union of States means that the Union of India is NOT a result of an agreement by the states to join the federation and it not being the result of an agreement, no state has the right to get separated from it.

Special Status of Jammu & Kashmir

• Jammu and Kashmir was given special status under Article 370, which became operative in 1952. 
• The separate Constitution of the State was drafted by the Constituent Assembly of Jammu and Kashmir and became effective on January 26, 1957. 
• This special status granted the state much greater autonomy than any other state, with the central government’s jurisdiction being more limited. Laws passed by the Indian Parliament did not automatically apply to Jammu and Kashmir unless they were approved by the state.

• Jammu and Kashmir was a state of India from 1954 to 2019. However, in 2019, the Government of India repealed the special status accorded to Jammu and Kashmir under Article 370. 

• Following this, the Parliament of India passed the Jammu and Kashmir Reorganisation Act, which dissolved the state and reorganized it into two union territories: Jammu and Kashmir in the west and Ladakh in the east, effective from October 31, 2019. At the time of its dissolution, Jammu and Kashmir was the only state in India with a Muslim-majority population.

States and Union - The Timeline

In 1956, there were 14 states and 6 union territories in India. The first state to be created on a linguistic basis was Andhra Pradesh in 1953, not 1956.

• 1960: Bombay State was bifurcated into Gujarat and Maharashtra.
• 1963: Nagaland was created as a separate state.
• 1966: Haryana was carved out of Punjab, and Chandigarh became a Union Territory. The reorganization of Punjab was based on the Shah Commission's recommendations.
• 1971: The Union Territory of Himachal Pradesh was elevated to statehood.
• 1972: Manipur, Tripura, and Meghalaya were granted statehood.
• 1974: Sikkim became an associate state of the Indian Union. By the 36th Constitutional Amendment Act of 1975, Sikkim became a full-fledged state of the Indian Union.
• 1987: Goa was granted statehood; Arunachal Pradesh and Mizoram also became states.
• 2000: Chhattisgarh, Uttarakhand (initially named Uttaranchal), and Jharkhand were created as new states.
• 2014: Telangana was created, becoming the 29th state of India.

Addition of States to India

The power to create a new state rests solely with the Parliament of India. The Constitution does not provide for the secession of any part of the country.

• Manipur: Became a Union Territory in 1949 and a full state in 1972.
• Tripura: Became a Union Territory in 1949 and a full state in 1972.
• Jammu and Kashmir: Joined India in 1947 and was a state until it was reorganized into two Union Territories in 2019.
• Sikkim: On May 16, 1975, Sikkim officially became a state of the Indian Union, with Lhendup Dorji as its Chief Minister. In 1975, its subjects voted by plebiscite to become a state of India.

Citizenship of India 

 Part II (Article 5-11)

• A citizen is a person who enjoys full membership in the community in which he lives. Citizens are different from aliens who DO NOT enjoy CERTAIN Fundamental Rights. Prior to the constitution, there was no concept of “Indian Citizenship”. 
• All those who lived in British India were under the crown and as such British subjects governed by the British Nationality Acts and those who came from the princely States had the status for British-protected persons.
• Article 5 -11 merely identifies whether a person is a citizen or not. If a person voluntarily gives up citizenship, his child also loses the citizenship of India.

Citizenship

• Citizenship involves an individual’s full political membership of the state and his integration into its political system. All public offices are open to a citizen and he is entitled to join all public services. 
• The citizen has an obligation to pay taxes and defend the country. The Right to Vote and certain fundamental rights are available to citizens only.
• Single Citizenship: The Indian constitution does not provide for Dual Citizenship.

Acquisition of Citizenship

• Our constitution provides for single citizenship despite being a federal structure, unlike the USA. All citizens are entitled to the same rights all over the country without any discrimination, subject to some special protections in case of Jammu & Kashmir, tribal areas, etc.

• Citizenship can be acquired by: 
  (i) By Birth
  (ii) By Descent
  (iii) By Registration
  (iv) By Naturalization
  (v) By Incorporation of Territory
  (vi) By Renunciation
• The constitution does not provide for the mode of acquisition and termination of citizenship. The Parliament can, by law, could regulate the right of citizenship.

Loss of Citizenship

• By Termination / Deprivation: Citizenship can be lost by termination, renunciation, or deprivation on certain grounds.
• The law regarding citizenship is governed by the Citizenship Act, of 1955. The law was amended in 1986 to tackle large-scale migration from Bangladesh, Sri Lanka, and some African countries.
• The Citizenship Act was amended in 2003, by which people of Indian origin, except in Pakistan and Bangladesh, will become eligible to be registered as Overseas Citizens of India (OCI).
• The OCIs have entitled to some benefits multiple entries, multipurpose lifelong visas, living and working in India or their country of naturalization.
• They are not entitled to hold constitutional posts and employment with the government, but they can’t vote.