Indian Polity & Constitution

The Preamble — the identity card of the Constitution

The Preamble opens: 'WE, THE PEOPLE OF INDIA …', which proclaims that the Constitution draws its authority from the people, not from any king or Parliament. It was framed from Nehru's Objectives Resolution (1946). It declares India a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and promises justice (social, economic, political), liberty (of thought, expression, belief, faith, worship), equality (of status and opportunity) and fraternity (assuring dignity, unity and integrity).

Key facts exams test:

• 'Sovereign' = no outside power controls India. 'Republic' = the head of state is elected, not hereditary.
• 'Socialist', 'secular' and 'integrity' were added by the 42nd Amendment, 1976 — the only amendment to the Preamble so far.
• The Preamble is non-justiciable — its ideals cannot be enforced in court — and it is neither a source of legislative power nor a limit on it.
• Court journey: Berubari case (1960) held it is not a part of the Constitution; Kesavananda Bharati (1973) overruled this — it is a part, can be amended, but its basic elements cannot be destroyed (basic structure). LIC of India (1995) reaffirmed that it is a part.
• The Preamble records the adoption date, 26 November 1949.

Parts of the Constitution — the article map

Part	Subject	Articles
I	The Union and its territory	1–4
II	Citizenship	5–11
III	Fundamental Rights	12–35
IV	Directive Principles	36–51
IV-A	Fundamental Duties	51A
V	The Union (President, Parliament, courts)	52–151
VI	The States	152–237
VIII	Union Territories	239–242
IX	Panchayats	243–243O
IX-A	Municipalities	243P–243ZG
X	Scheduled and Tribal Areas	244–244A
XI	Centre–State relations	245–263
XII	Finance, property, contracts	264–300A
XIII	Trade and commerce	301–307
XIV	Services	308–323
XIV-A	Tribunals	323A–323B
XV	Elections	324–329A
XVII	Official language	343–351
XVIII	Emergency	352–360
XX	Amendment	368

Part VII (old Part B states) was repealed by the 7th Amendment, 1956. Article 1 names the country: 'India, that is Bharat, shall be a Union of States'.

The 12 Schedules

Schedule	Content
1	States and Union Territories
2	Salaries and emoluments of constitutional post-holders
3	Forms of oaths and affirmations
4	Allocation of Rajya Sabha seats
5	Administration of Scheduled Areas and Scheduled Tribes
6	Tribal areas of Assam, Meghalaya, Tripura, Mizoram
7	Union (100), State (61) and Concurrent (52) Lists
8	22 recognised languages
9	Land-reform and other laws protected from challenge (added by 1st Amendment, 1951)
10	Anti-defection law (52nd Amendment, 1985)
11	Panchayat subjects — 29 items (73rd Amendment)
12	Municipal subjects — 18 items (74th Amendment)

In the I.R. Coelho case (2007) the Supreme Court held that laws placed in the Ninth Schedule after 24 April 1973 (the Kesavananda date) can still be reviewed if they destroy the basic structure. The Eighth Schedule's 22 languages include four added by the 92nd Amendment (2003) — Bodo, Dogri, Maithili and Santhali.

Quick revision

• Preamble words order: Sovereign Socialist Secular Democratic Republic — all capitalised terms define India's character.
• 42nd Amendment (1976) added socialist, secular, integrity — the only Preamble change.
• Berubari (1960): not a part; Kesavananda (1973): a part, amendable within basic structure.
• Part II citizenship (5–11); Part IV DPSP (36–51); IV-A duties (51A); IX panchayats; IX-A municipalities.
• Schedules 1/12: states-UTs / municipal subjects; 4 = Rajya Sabha seats; 8 = 22 languages; 9 = protected laws (1st Amendment); 10 = defection; 11 = 29 panchayat subjects.
• Article 1: 'India, that is Bharat, shall be a Union of States'.