Indian Constitution and Constitutional Development
The Constitution domain tests how the Indian Constitution was framed, which features were borrowed from which source, and how the amending power is limited. Expect dates, sources, Schedules and landmark amendment cases.
Making and key dates
- Constituent Assembly formed under the Cabinet Mission Plan, 1946; first sitting 9 December 1946; Dr Sachchidananda Sinha temporary chairman, Dr Rajendra Prasad permanent President.
- Drafting Committee set up 29 August 1947 under Dr B.R. Ambedkar; Constitution adopted 26 November 1949; enforced 26 January 1950.
- Originally 395 Articles, 22 Parts and 8 Schedules; now 12 Schedules.
Borrowed features
- UK: parliamentary government, rule of law, single citizenship, writs.
- USA: fundamental rights, judicial review, impeachment of the President.
- Ireland: Directive Principles; method of electing the President.
- Canada: strong Centre, residuary powers with the Union, appointment of Governors.
- Australia: Concurrent List, freedom of trade and commerce.
- Government of India Act 1935: federal scheme, emergency provisions, Public Service Commissions.
Amendment
Article 368 provides three routes: simple majority, special majority, and special majority plus ratification by half the State legislatures. Kesavananda Bharati (1973) held that Parliament cannot destroy the basic structure.
Worked example: if asked which feature came from Canada, answer a strong Centre with residuary powers in the Union. Reason: Canada was formed by devolution from a unitary state, so residual power stayed with the federal government; India adopted this to avoid the weak centre of the 1935 Act.
Traps: 26 November 1949 is adoption, 26 January 1950 is commencement; the Preamble was held part of the Constitution in LIC of India (1995), not in Berubari (1960); 'socialist, secular, integrity' were added by the 42nd Amendment (1976).