Constitution: Meaning, Types and the Indian Constitution
What the exam tests
Questions cover the meaning and types of constitutions, the making of the Indian Constitution, its salient features and amendment.
Core rules and concepts
- Constitution: the fundamental law that establishes institutions, distributes powers and limits government.
- Types: written or unwritten; rigid or flexible; federal or unitary; parliamentary or presidential.
- Indian Constitution: adopted by the Constituent Assembly on 26 November 1949, came into force on 26 January 1950; originally 395 articles, 22 parts and 8 schedules; now expanded.
- Features: longest written constitution, parliamentary system, federalism with unitary bias, fundamental rights, directive principles, independent judiciary and universal adult franchise.
- Amendment: Article 368; simple majority for some matters, special majority for others, and ratification by half the states for federal provisions.
Worked example
'Is the Indian Constitution rigid or flexible?' Reason: it can be amended by ordinary law for some matters, by special majority for most, and needs state ratification for federal provisions. The Kesavananda Bharati case (1973) held that Parliament cannot destroy the basic structure. Answer: partly rigid, partly flexible, with a basic-structure limit.
Traps
Do not say the Preamble is enforceable law. Do not claim Article 368 gives unlimited amending power. Do not say India copied the whole Constitution; it borrowed and adapted. Do not confuse the adoption date (26 November 1949) with commencement (26 January 1950).