Polity~12 min read

Making, Preamble, features, amendments

Constituent Assembly, Preamble keywords, basic structure, amendment procedure.

  • Constituent Assembly: first sitting 9 Dec 1946; Objective Resolution 13 Dec 1946 (Nehru); Constitution adopted 26 Nov 1949, commenced 26 Jan 1950.
  • Drafting Committee: B.R. Ambedkar (Chairman), N. Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, K.M. Munshi, Syed Mohammad Saadulla, N. Madhava Rau (replacing B.L. Mitter), T.T. Krishnamachari (replacing D.P. Khaitan).
  • Preamble: Sovereign, Socialist (42nd), Secular (42nd), Democratic, Republic; Justice (social, economic, political); Liberty; Equality; Fraternity. Kesavananda (1973): Preamble is part of the Constitution.
  • Basic structure (Kesavananda Bharati 1973): cannot be destroyed by amendment. Illustrative: supremacy of Constitution, rule of law, separation of powers, judicial review, federalism, secularism, free and fair elections, independence of judiciary.
  • Amendment (Art. 368): simple majority (outside 368), special majority, special + state ratification (federal provisions). 24th, 42nd, 44th, 73rd, 74th, 101st (GST) are high-yield.
  • Federal with unitary bias: single citizenship, All-India Services, integrated judiciary, Emergency (Arts. 352, 356, 360), Rajya Sabha unequal, residuary with Centre (Union List 97).

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