POA02 — Preamble & Salient Features of the Constitution

The Preamble declares India to be a Sovereign, Socialist, Secular, Democratic Republic and a Union of States that secures Justice, Liberty, Equality, and Fraternity. 'Socialist' and 'Secular' were added by the 42nd Amendment Act 1976.

The 42nd Amendment Act 1976 added the words 'Socialist', 'Secular', and 'Integrity' to the Preamble. This amendment is known as the 'Mini-Constitution' as it made the most sweeping changes to the Constitution.

All four — Justice, Liberty, Equality, and Fraternity — ARE mentioned in the Preamble. This is a trick question; all options are actually in the Preamble. The question tests careful reading. The Preamble also mentions 'Dignity of the individual' and 'Unity and integrity of the Nation.'

The idea of beginning with a Preamble was borrowed from the Constitution of the USA. However, the phrases and objectives in the Indian Preamble are unique to India, incorporating socialist and secular values along with the democratic framework.

In the Kesavananda Bharati case (1973), the Supreme Court overruled the Berubari Union case (1960) which held the Preamble is NOT a part of the Constitution. The Court held the Preamble IS a part of the Constitution and can be amended, but its basic features cannot be destroyed.

India is called quasi-federal because it combines federal features (two levels of government, division of powers, supremacy of Constitution) with unitary features (single citizenship, emergency provisions, strong Centre, appointed Governors, All India Services).

The concept of Rule of Law and the idea of a parliamentary form of government were borrowed from the United Kingdom. Rule of Law means supremacy of law, equality before law, and predominance of legal spirit — concepts developed by A.V. Dicey in the British tradition.

Unlike the USA, Australia, and other federal countries where states have their own constitutions, India has a single integrated Constitution governing both the Union and the States. States do not have separate constitutions. This is a distinctive unitary-federal feature.

Originally the Constitution had 22 Parts, 395 Articles, and 8 Schedules. Currently (after numerous amendments) it has approximately 25 Parts, 470 Articles, and 12 Schedules. The Constitution is the longest written constitution of any sovereign nation in the world.

Judicial Review — the power of courts to examine the constitutionality of laws — was borrowed from the USA. However, Indian judicial review is more limited than in the USA. The Indian Supreme Court can strike down laws that violate the Constitution.

Supremacy of the Constitution is a federal feature — both Centre and States derive power from the Constitution and are subordinate to it. Single citizenship, emergency provisions, and appointment of Governors are unitary features that give the Centre a dominant position.

The Constitution is called a 'living document' because it can be amended (Article 368) to adapt to changing political, social, and economic needs. The Constitution has been amended over 100 times. However, the basic structure cannot be amended as per the Kesavananda Bharati judgment.

The Directive Principles of State Policy (Part IV) were borrowed from the Constitution of Ireland (Eire), which in turn drew from the Spanish Constitution of 1931. The DPSP represent socio-economic goals that the State should endeavour to achieve.

In a parliamentary system, the Council of Ministers (executive) is collectively responsible to the lower house of Parliament (Lok Sabha). If it loses the confidence of the Lok Sabha, it must resign. This is called collective responsibility — a key feature of parliamentary democracy.

Universal Adult Franchise (Article 326) gives the right to vote to every citizen who is at least 18 years of age, without discrimination on the basis of religion, race, caste, sex, literacy, or wealth. The voting age was reduced from 21 to 18 by the 61st Amendment Act 1988.

Fundamental Duties (Article 51A) were added by the 42nd Amendment Act 1976 on the recommendation of the Swaran Singh Committee. Originally there were 10 Fundamental Duties; an 11th was added by the 86th Amendment Act 2002.

Fraternity means a sense of brotherhood — that all citizens of India constitute one nation regardless of religion, region, caste, or language. The Preamble links Fraternity to 'dignity of the individual' and 'unity and integrity of the Nation.'

An independent judiciary — with security of tenure, fixed service conditions, and power of judicial review — acts as the guardian of the Constitution. It protects Fundamental Rights of citizens and ensures no organ of government exceeds its constitutional limits.

Sovereign means India is internally supreme (no external authority can override its decisions) and externally independent (free from foreign control). Being a member of the Commonwealth or the UN does not compromise sovereignty as these are voluntary memberships.

26 January 1950 is celebrated as Republic Day. On this date, the Constitution came into force, India became a Republic, and Dr. Rajendra Prasad was sworn in as the first President of India. 26 November (when Constitution was adopted in 1949) is celebrated as Constitution Day since 2015.