The Constitution of India

Introduction

1. The Basic Structure Doctrine is a judicial principle that prevents amendments that can alter the fundamental essence of the Indian Constitution.
2. It ensures the Constitution’s supremacy and safeguards its core principles from arbitrary changes.
3. This doctrine was established by the Supreme Court of India in the landmark Kesavananda Bharati case (1973).

Origin of the Doctrine

1. First hinted at in the Sajjan Singh case (1965), where some judges ex

Introduction

1. The Indian Constitution has undergone several amendments to adapt to changing political, social, and economic conditions.
2. Landmark amendments such as the 42nd, 44th, 73rd, 74th, and 101st Amendments have significantly impacted India's governance.
3. These amendments address areas like the basic structure, democracy at the grassroots, and economic reforms.

42nd Amendment Act, 1976

1. Known as the "Mini-Constitution" due to its extensive changes.
2. Added the terms "Socialist," "Secular

Introduction

1. Article 368 of the Indian Constitution provides the procedure for amending the Constitution.
2. Amendments are necessary to address evolving needs and ensure the Constitution remains relevant and effective.
3. The process of amendment maintains the balance between rigidity and flexibility.
4. The Indian Constitution is unique in providing three types of amendments, ensuring adaptability while safeguarding core principles.

Types of Amendments

1.

Introduction

1. The Indian Constitution is based on the principles of secularism, socialism, and democracy.
2. These features are derived from the Preamble and are fundamental to the Indian state and governance.
3. They reflect the aspirations of a diverse and inclusive society.

Secularism in the Indian Constitution

1. India is a secular state, meaning there is no official state religion.
2. Article 25-28 guarantee freedom of religion, includin

Introduction

1. The Directive Principles of State Policy (DPSP) are enshrined in Part IV of the Indian Constitution (Articles 36–51).
2. DPSPs are guidelines for the government to establish a just and equitable society.
3. They are inspired by the Irish Constitution, which drew from the idea of a welfare state.
4. While not justiciable, they are fundamental in the governance of the country.

Key Features of DPSPs

1. DPSPs act as a directive for the state to make laws and policie

Introduction

1. The Fundamental Rights are enshrined in Part III of the Indian Constitution (Articles 12 to 35).
2. The Fundamental Duties are listed in Part IV-A (Article 51A), added by the 42nd Amendment Act, 1976.
3. 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

1. They are justiciable, meaning they

Introduction

1. The Indian Constitution establishes a parliamentary form of government both at the Union and State levels.
2. This system is based on the Westminster model of governance, which originated in the United Kingdom.
3. In a parliamentary system, the executive is responsible to the legislature, ensuring a close relationship between the two.
4. The primary feature of this system is the presence of a dual executive—the nominal and real executives.

Key Features o

Introduction

1. The Indian Constitution establishes a federal system of governance with a strong unitary bias.
2. It incorporates features of both federalism and unitarism, making it a unique form of governance often described as "quasi-federal."
3. This structure ensures a balance between the autonomy of states and the authority of the central government.

Federal Features

1. India has a clear division of powers bet

Overview

1. The Indian Constitution is the lengthiest written Constitution in the world.
2. It originally consisted of 395 articles divided into 22 parts and 8 schedules.
3. As of now, it includes more than 470 articles, 25 parts, and 12 schedules due to various amendments.
4. The length is a reflection of India's diverse culture, complex society, and the need to address multiple administrative and governance issues

Historical Context

1. The Constitution of India was framed by the Constituent Assembly, established under the Cabinet Mission Plan of 1946.
2. The drafting process took 2 years, 11 months, and 18 days, from December 9, 1946, to November 26, 1949.
3. The Assembly held a total of 11 sessions to deliberate and finalize the Constitution.
4. The Constitution was influenced by various global documents, including the Government of India Act 1935 and the Constitutions of other nations.