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Introduction
- The Basic Structure Doctrine is a judicial principle that prevents amendments that can alter the fundamental essence of the Indian Constitution.
- It ensures the Constitution’s supremacy and safeguards its core principles from arbitrary changes.
- This doctrine was established by the Supreme Court of India in the landmark Kesavananda Bharati case (1973).
Origin of the Doctrine
- First hinted at in the Sajjan Singh case (1965), where some judges ex
Introduction
- The Indian Constitution has undergone several amendments to adapt to changing political, social, and economic conditions.
- Landmark amendments such as the 42nd, 44th, 73rd, 74th, and 101st Amendments have significantly impacted India's governance.
- These amendments address areas like the basic structure, democracy at the grassroots, and economic reforms.
42nd Amendment Act, 1976
- Known as the "Mini-Constitution" due to its extensive changes.
- Added the terms "Socialist," "Secular
Introduction
- Article 368 of the Indian Constitution provides the procedure for amending the Constitution.
- Amendments are necessary to address evolving needs and ensure the Constitution remains relevant and effective.
- The process of amendment maintains the balance between rigidity and flexibility.
- The Indian Constitution is unique in providing three types of amendments, ensuring adaptability while safeguarding core principles.
Types of Amendments
1.
Introduction
- The Indian Constitution is based on the principles of secularism, socialism, and democracy.
- These features are derived from the Preamble and are fundamental to the Indian state and governance.
- They reflect the aspirations of a diverse and inclusive society.
Secularism in the Indian Constitution
- India is a secular state, meaning there is no official state religion.
- Article 25-28 guarantee freedom of religion, includin
Introduction
- The Directive Principles of State Policy (DPSP) are enshrined in Part IV of the Indian Constitution (Articles 36–51).
- DPSPs are guidelines for the government to establish a just and equitable society.
- They are inspired by the Irish Constitution, which drew from the idea of a welfare state.
- While not justiciable, they are fundamental in the governance of the country.
Key Features of DPSPs
- DPSPs act as a directive for the state to make laws and policie
Introduction
- The Fundamental Rights are enshrined in Part III of the Indian Constitution (Articles 12 to 35).
- The Fundamental Duties are listed in Part IV-A (Article 51A), added by the 42nd Amendment Act, 1976.
- The Fundamental Rights aim to ensure the individual's dignity, while the Fundamental Duties emphasize the importance of responsibilities toward the nation.
Fundamental Rights
Key Features
- They are justiciable, meaning they
Introduction
- The Indian Constitution establishes a parliamentary form of government both at the Union and State levels.
- This system is based on the Westminster model of governance, which originated in the United Kingdom.
- In a parliamentary system, the executive is responsible to the legislature, ensuring a close relationship between the two.
- The primary feature of this system is the presence of a dual executive—the nominal and real executives.
Key Features o
Introduction
- The Indian Constitution establishes a federal system of governance with a strong unitary bias.
- It incorporates features of both federalism and unitarism, making it a unique form of governance often described as "quasi-federal."
- This structure ensures a balance between the autonomy of states and the authority of the central government.
Federal Features
- India has a clear division of powers bet
Overview
- The Indian Constitution is the lengthiest written Constitution in the world.
- It originally consisted of 395 articles divided into 22 parts and 8 schedules.
- As of now, it includes more than 470 articles, 25 parts, and 12 schedules due to various amendments.
- The length is a reflection of India's diverse culture, complex society, and the need to address multiple administrative and governance issues
Historical Context
- The Constitution of India was framed by the Constituent Assembly, established under the Cabinet Mission Plan of 1946.
- The drafting process took 2 years, 11 months, and 18 days, from December 9, 1946, to November 26, 1949.
- The Assembly held a total of 11 sessions to deliberate and finalize the Constitution.
- The Constitution was influenced by various global documents, including the Government of India Act 1935 and the Constitutions of other nations.