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Polity · NDA

Preamble & Salient Features of the Constitution

⚖ PON02 · Indian Polity · NDA GAT NDA Level ★ High Priority

📌 NDA Focus: The Preamble is tested by (1) identifying what was added by which amendment, (2) explaining each keyword, (3) the Kesavananda Bharati case. Salient features are tested by matching features to constitutional provisions. Expect 1–2 direct questions from this chapter.

1. The Preamble — India's Constitutional Identity Card

⚠ NDA Traps on Preamble:
● "Socialist" and "Secular" were NOT in the original Preamble — added by 42nd Amendment 1976
● "Integrity" was also added by the 42nd Amendment (to Fraternity clause)
● The word "Democratic" WAS in the original Preamble
● Kesavananda Bharati case (1973): Preamble IS part of Constitution; can be amended but basic structure cannot be altered
● Preamble was adopted on 26 November 1949 — same as Constitution

📄 Preamble Keywords — Original (1949) vs Added by 42nd Amendment (1976)

"WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a..."
Adopted 26 November 1949 · Called "Soul of the Constitution" (Kesavananda Bharati, SC 1973)

✅

SOVEREIGN

Original — 1949

Supreme authority; independent of all foreign powers
Can acquire or cede territory; no external authority above India

★

SOCIALIST

Added: 42nd Amendment 1976

Equitable distribution of wealth; mixed economy (not pure socialism)
NOT in the original 1949 Preamble — most commonly tested NDA fact

★

SECULAR

Added: 42nd Amendment 1976

No state religion; equal respect for all faiths; state is neutral on religion
NOT in the original 1949 Preamble

✅

DEMOCRATIC

Original — 1949

Power vested in the people; representative government through elections
Universal adult franchise (18+ after 61st Amendment 1988)

✅

REPUBLIC

Original — 1949

Elected head of state — President; no hereditary ruler
Distinguishes India from a monarchy (like UK)

✅

JUSTICE · LIBERTY · EQUALITY · FRATERNITY

All Original — 1949

Justice: Social · Economic · Political
Liberty: Thought · Expression · Belief · Faith · Worship
Equality: Of Status and Opportunity
Fraternity: Dignity of individual + Unity of nation (Integrity added to Fraternity clause by 42nd Amendment 1976)

⚠ NDA Trap: "Socialist" and "Secular" were NOT in the original Preamble. Both added by 42nd Amendment 1976. "Integrity" was also added. "Democratic" and "Republic" WERE original.

2. Salient Features of the Indian Constitution

📚

Lengthiest Written Constitution

Originally 395 Articles, 22 Parts, 8 Schedules

Currently: 470+ Articles, 25 Parts, 12 Schedules
Combines both federal AND unitary features
Covers both central and state government structures

⚖

Federal System with Unitary Bias

Quasi-Federal in nature

Federal features: dual government, written Constitution, division of powers, independent judiciary
Unitary bias: single Constitution, single citizenship, appointment of Governors by President, Emergency provisions, integrated judiciary, All India Services

⚖

Parliamentary Government

Westminster model from UK

Nominal executive: President
Real executive: Prime Minister + Council of Ministers
Collective responsibility to Lok Sabha
Bicameral legislature: Lok Sabha + Rajya Sabha

⚖

Blend of Rigidity & Flexibility

Three types of amendment procedures

Simple majority: some provisions
Special majority (Article 368): most provisions
Special majority + ratification by half states: federal provisions
More rigid than UK (unwritten), less rigid than USA

⚖

Independent Judiciary

Guardian of Constitution

Power of judicial review — can strike down unconstitutional laws
Single integrated judiciary headed by Supreme Court
Judges: security of tenure; removal requires special process
Basic Structure Doctrine: Parliament cannot alter fundamental features

⚖

Universal Adult Franchise

Everyone votes from age 18

Every citizen 18+ has right to vote (reduced from 21 by 61st Amendment, 1988)
No discrimination on grounds of religion, race, caste, sex, or class
Basis of democratic republic

📊 The Basic Structure Doctrine (Kesavananda Bharati v. State of Kerala, 1973):
Parliament can amend the Constitution under Article 368, but cannot alter its "basic structure."
Basic structure includes: supremacy of Constitution, republican and democratic form of government, secular character, separation of powers, federalism, judicial review, fundamental rights, free and fair elections.
This case overruled Golak Nath (1967) partially — Parliament can amend FRs but cannot destroy their essence.

📝 NDA PYQ Practice — PON02

Q1. The words 'Socialist', 'Secular' and 'Integrity' were added to the Preamble of the Indian Constitution by which amendment? NDA PYQ

(a) 40th Amendment (b) 42nd Amendment (c) 44th Amendment (d) 52nd Amendment

✔ Answer: (b) 42nd Amendment

The 42nd Constitutional Amendment Act, 1976 (during the Emergency period under Indira Gandhi) added the words "Socialist," "Secular," and "Integrity" to the Preamble. The 44th Amendment (1978) reversed many other changes made by the 42nd but kept the Preamble changes. The 42nd is often called the "Mini Constitution" due to its sweeping nature.

Q2. Which of the following is NOT a feature of the Indian Constitution? NDA PYQ

(a) Fundamental Rights (b) Single citizenship (c) Presidential form of government (d) Independent Judiciary

✔ Answer: (c) Presidential form of government

India has a Parliamentary form of government — not presidential. In parliamentary form, the executive (PM + Council of Ministers) is responsible to the legislature. In presidential form (like USA), the President is directly elected and is both head of state and government, not responsible to legislature. India's President is the nominal executive; the real executive is the Prime Minister.

Q3. In which landmark case did the Supreme Court propound the 'Basic Structure Doctrine'? NDA PYQ

(a) A.K. Gopalan case (b) Golak Nath case (c) Kesavananda Bharati case (d) Minerva Mills case

✔ Answer: (c) Kesavananda Bharati case

Kesavananda Bharati v. State of Kerala (1973) is the landmark judgment in which the Supreme Court (13-judge bench) established the Basic Structure Doctrine: Parliament can amend the Constitution under Article 368 but cannot alter its "basic structure." Minerva Mills (1980) reaffirmed this doctrine and struck down parts of the 42nd Amendment that tried to limit judicial review.

Q4. The Preamble of the Indian Constitution is described as the "soul of the Constitution." This description was given by: NDA PYQ

(a) Dr. B.R. Ambedkar (b) Jawaharlal Nehru (c) The Supreme Court of India (d) Dr. Rajendra Prasad

✔ Answer: (c) The Supreme Court of India

The Supreme Court of India, in the Kesavananda Bharati case (1973), referred to the Preamble as the "soul of the Constitution." It also clarified that the Preamble IS part of the Constitution (overruling the earlier Berubari Union case where it was held otherwise) and can be amended but its basic character cannot be destroyed. Dr. Ambedkar called Article 32 (Right to Constitutional Remedies) the "heart and soul of the Constitution."

📋 Quick Reference — PON02

📄 Preamble Additions

42nd Amendment 1976: added "Socialist", "Secular", "Integrity"
Original words: Sovereign, Democratic, Republic
Justice, Liberty, Equality, Fraternity — original

⚖ Federal Features

Dual government (Centre + State)
Written Constitution
Division of powers (3 Lists)
Independent Judiciary
Bicameralism

⚖ Unitary Features

Single Constitution, Single Citizenship
Governor appointed by President
Emergency provisions
Integrated Judiciary
All India Services

⚖ Key Cases

Kesavananda Bharati (1973): Basic Structure
Minerva Mills (1980): FRs + DPSP balance
Golak Nath (1967): Parliament cannot amend FRs
Berubari Union: Preamble not part of Constitution (overruled)

📚 Constitution Numbers

Original: 395 Articles · 22 Parts · 8 Schedules
Current: 470+ Articles · 25 Parts · 12 Schedules
Longest written constitution in world
Adopted: 26 Nov 1949 · Enforced: 26 Jan 1950

🏭 Sources

Parliamentary Govt: UK
Fundamental Rights: USA
DPSP: Ireland
Single citizenship: UK
Emergency provisions: Germany (Weimar)

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