Constitution — Basic Structure & History
How the Constitution was made, what it borrowed, and what cannot be amended out of it. Almost every polity paper opens somewhere in this topic, and the questions are usually dates, committee names, or the basic structure doctrine.
Mental model
Think of the Constitution as a building. FOUNDATION = the Preamble (Sovereign, Socialist, Secular, Democratic, Republic — Socialist and Secular added by the 42nd Amendment in 1976, along with Integrity), plus the Objectives Resolution moved by Nehru in December 1946 which the Preamble is based on. FRAME = Parts and Schedules (originally 22 Parts, 8 Schedules, 395 Articles). LOAD-BEARING WALL = the basic structure doctrine from Kesavananda Bharati (1973): Parliament may amend, but not destroy. BORROWED FITTINGS = each feature tagged to its source (Britain: parliamentary system and rule of law; USA: Fundamental Rights, judicial review, independent judiciary; Ireland: DPSP; Canada: strong Centre and residuary powers; Government of India Act 1935: the largest single source).
Associations
A short trigger on the left, everything it pulls with it on the right.
9 December, 26 November, 26 January.
Three dates in order: the Constituent Assembly first met on 9 December 1946; the Constitution was adopted on 26 November 1949 (now Constitution Day); it came into force on 26 January 1950. Two years, eleven months and eighteen days between the first meeting and adoption.
Borrowed: Britain the machinery, Ireland the ideals, America the rights.
Parliamentary system, rule of law and single citizenship from Britain; directive principles and the method of electing the President from Ireland; fundamental rights, judicial review and an independent judiciary from the United States; emergency provisions from Germany; the concurrent list from Australia; the federal scheme with a strong centre from Canada.
Kesavananda 1973 draws the line.
Parliament can amend any part of the Constitution, but not so as to destroy its basic structure. That doctrine comes from Kesavananda Bharati (1973) and has since been used to strike down amendments — it is the single most-asked case in Indian polity.
Things to remember
The night-before list. Short enough to recall cold.
- 1The Constituent Assembly was constituted under the Cabinet Mission Plan of 1946; Sachchidananda Sinha was its temporary chairman and Dr Rajendra Prasad its permanent president.
- 2Dr B. R. Ambedkar chaired the Drafting Committee; Jawaharlal Nehru moved the Objectives Resolution in December 1946.
- 3The Constitution originally had 395 articles, 22 parts and 8 schedules; it now has more of each, and twelve schedules.
- 4The Preamble has been amended once — by the 42nd Amendment of 1976, which inserted 'socialist', 'secular' and 'integrity'.
- 5The basic structure doctrine was laid down in Kesavananda Bharati (1973) and reaffirmed in later cases including Minerva Mills.
- 6The Constitution is called quasi-federal: a federal structure with a strong unitary bias, especially during an emergency.
In detail
- The Constituent Assembly was constituted under the Cabinet Mission Plan of 1946; Dr. Rajendra Prasad was its permanent President and Dr. B. R. Ambedkar chaired the Drafting Committee.
- The Constitution was adopted on 26 November 1949 and came into force on 26 January 1950; 26 November is observed as Constitution Day.
- The Preamble was amended only once, by the 42nd Amendment Act of 1976, which inserted the words 'Socialist', 'Secular' and 'Integrity'.
- In Kesavananda Bharati (1973) the Supreme Court held that Parliament's amending power under Article 368 cannot alter the basic structure of the Constitution.
- Article 1 declares India, that is Bharat, to be a 'Union of States' — the phrase 'Union' was preferred to 'Federation' to stress that states have no right to secede.
Where people slip
- 26 November 1949 is adoption; 26 January 1950 is commencement. Questions swap the two constantly.
- The Preamble is part of the Constitution and is amendable, but not in a way that damages the basic structure.
Check yourself
Nothing here is scored — it will not change your mastery figures.
The doctrine of basic structure of the Constitution was propounded in:
From the question bank
On which date did the Constituent Assembly of India hold its first meeting?
From the question bank
Who was elected as the permanent President of the Constituent Assembly of India?
Books to read
- NCERT Class XI — Indian Constitution at Work
- Introduction to the Constitution of India by D. D. Basu
- Indian Polity by M. Laxmikanth
Official sources
Hand-checked official domains only — the notes above carry no links of their own.