Constitutional Framework: Historical Background & Preamble
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens.
Historical Background
The British came to India in 1600 as traders, in the form of the East India Company, which had the exclusive right of trading in India under a charter granted by Queen Elizabeth I. In 1765, the Company, which till now had purely trading functions obtained the ‘diwani’ (i.e., rights over revenue and civil justice) of Bengal, Bihar and Orissa.
The Company Rule (1773-1858)
- Regulating Act of 1773: It was the first step taken by the British Government to control and regulate the affairs of the East India Company. It designated the Governor of Bengal as the ‘Governor-General of Bengal’ (Lord Warren Hastings).
- Pitt’s India Act of 1784: Distinguished between commercial and political functions of the Company. Created the Board of Control for political affairs.
- Charter Act of 1833: Final step towards centralization in British India. Made the Governor-General of Bengal the ‘Governor-General of India’ (Lord William Bentinck).
- Charter Act of 1853: Separated the legislative and executive functions of the Governor-General’s council.
The Crown Rule (1858-1947)
- Government of India Act of 1858: Known as the Act for the Good Government of India. Abolished the East India Company and transferred powers to the British Crown. Created the office of Secretary of State for India.
- Indian Councils Act of 1861, 1892, and 1909: Introduced representative institutions, increased the size of legislative councils, and (in 1909 – Morley-Minto Reforms) introduced communal representation for Muslims.
- Government of India Act of 1919 (Montagu-Chelmsford Reforms): Introduced dyarchy at the provincial level and bicameralism at the center.
- Government of India Act of 1935: Provided for the establishment of an All-India Federation, introduced provincial autonomy, and established a Federal Court. It forms the core blueprint for the present Indian Constitution.
- Indian Independence Act of 1947: Ended British rule in India, partitioned India into two independent dominions (India and Pakistan).
Making of the Constitution
The Constituent Assembly was constituted in November 1946 under the scheme formulated by the Cabinet Mission Plan. It took 2 years, 11 months, and 18 days to finalize the Constitution. Dr. B.R. Ambedkar was the Chairman of the Drafting Committee.
The Preamble
The Preamble is the introduction or preface to the Constitution. It contains the summary or essence of the Constitution. It is based on the ‘Objectives Resolution’, drafted and moved by Pandit Nehru.
“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation…”
Key Words in the Preamble
- Sovereign: India is neither a dependency nor a dominion of any other nation, but an independent state.
- Socialist: Added by the 42nd Amendment (1976), implies democratic socialism (mixed economy).
- Secular: Added by the 42nd Amendment (1976), all religions have the same status and support from the state.
- Democratic: Supreme power lies with the people.
- Republic: The head of the state (President) is elected, not a hereditary monarch.
Conclusion
Understanding the historical underpinnings and the philosophy of the Constitution (as reflected in the Preamble) is critical for UPSC and MPSC aspirants to grasp the functioning of the Indian polity.
🏆 Ultimate Practice Mock Test
Test your knowledge with these UPSC/MPSC level questions. Solve them first, then check the detailed explanation!
- A. 1 only
- B. 2 only
- C. 1 and 2 only
- D. 1, 2 and 3
👁️ Show Correct Answer & Detailed Explanation
Correct Answer: C) 1 and 2 only
Explanation:
Statement 1 is correct as the Regulating Act of 1773 established the Supreme Court at Calcutta, making it the first instance of judicial administration under British rule in India. Statement 2 is also correct as Pitt’s India Act of 1784 created the Board of Control for political affairs and left the Court of Directors for commercial affairs, thus instituting a double government. Statement 3 is incorrect; while these acts asserted more British parliamentary control, they generally strengthened the Governor-General’s authority over the subordinate presidencies or introduced parliamentary oversight, not necessarily making him subservient to Parliament in day-to-day administration directly, rather through the Board of Control.
- A. It is a source of power to the legislature and a source of prohibition upon the powers of the legislature.
- B. It is justiciable in courts of law, similar to Fundamental Rights.
- C. It specifies the objectives and guiding principles of the Constitution and is integral to its interpretation.
- D. It can be amended only if the basic structure doctrine is not violated, and is considered a part of the original constitutional document, not an amendment.
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Correct Answer: C) It specifies the objectives and guiding principles of the Constitution and is integral to its interpretation.
Explanation:
The Preamble embodies the objectives and guiding principles of the Constitution and serves as a key to interpreting the document. It is not a source of power or prohibition for the legislature (option A), nor is it justiciable in courts (option B). While it is considered a part of the Constitution and can be amended without violating the basic structure, its inclusion in the original document and subsequent amendment (42nd Amendment) show it’s part of the evolving constitutional text, not static in its initial form (option D is partially misleading).
- A. The doctrine was explicitly mentioned in the original text of the Indian Constitution.
- B. The Supreme Court for the first time enunciated the ‘basic structure doctrine’ in the Minerva Mills case (1980).
- C. The doctrine implies that while Parliament can amend any part of the Constitution, it cannot alter its fundamental framework.
- D. Judicial review is a part of the basic structure, but parliamentary supremacy is not.
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Correct Answer: C) The doctrine implies that while Parliament can amend any part of the Constitution, it cannot alter its fundamental framework.
Explanation:
The basic structure doctrine was developed by the Supreme Court in the Kesavananda Bharati case (1973), not explicitly mentioned in the original text or first enunciated in the Minerva Mills case. The doctrine indeed implies that Parliament cannot alter the fundamental framework of the Constitution even while amending it. Judicial review is a part of the basic structure, and India’s system is a balance, not absolute parliamentary supremacy, making option D problematic in its framing as parliamentary supremacy itself isn’t a ‘basic structure’ but a component of India’s mixed system.
- A. Appointment of state governors by the Centre and advisory jurisdiction of the Supreme Court.
- B. Federation with a strong Centre and vesting of residuary powers in the Centre.
- C. Procedure for amendment of the Constitution and election of members of Rajya Sabha.
- D. Both (A) and (B)
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Correct Answer: D) Both (A) and (B)
Explanation:
The Indian Constitution borrows several features from the Canadian Constitution, notably a federation with a strong Centre, vesting of residuary powers in the Centre, and the appointment of state governors by the Centre. The advisory jurisdiction of the Supreme Court is also from Canada. Thus, both (A) and (B) combined correctly list features borrowed from Canada.
- A. It introduced ‘dyarchy’ at the provincial level and abolished it at the central level.
- B. It provided for the establishment of an All-India Federation comprising provinces and princely states as units.
- C. It introduced direct elections for the first time in India.
- D. It granted universal adult franchise to all citizens above 21 years of age.
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Correct Answer: B) It provided for the establishment of an All-India Federation comprising provinces and princely states as units.
Explanation:
The Government of India Act of 1935 abolished dyarchy at the provincial level and introduced provincial autonomy; it rather introduced dyarchy at the centre. It certainly provided for an All-India Federation, though it never came into being. Direct elections were introduced earlier by the Act of 1919 (limited franchise), and universal adult franchise was not granted by the 1935 Act.
- A. Equality of representation for states in the Rajya Sabha.
- B. The President’s rule (Article 356) and the Centre’s power to form new states.
- C. Independent judiciary with power of judicial review.
- D. Division of powers between the Union and State Lists.
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Correct Answer: B) The President’s rule (Article 356) and the Centre’s power to form new states.
Explanation:
The President’s rule (Article 356), which allows the Centre to take over state administration, and the Centre’s power to alter state boundaries or form new states (Articles 2, 3) are strong indicators of a unitary bias in India’s federal system. Equality of representation in Rajya Sabha is a federal feature, though not strictly followed in India. An independent judiciary and division of powers are also characteristic of a federal system, balancing the unitary elements.
- A. Universal adult franchise.
- B. Members of the Provincial Legislative Assemblies.
- C. Direct election by the people of India.
- D. Nomination by the Viceroy of India.
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Correct Answer: B) Members of the Provincial Legislative Assemblies.
Explanation:
The Constituent Assembly was constituted in 1946 under the Cabinet Mission Plan. The members were indirectly elected by the members of the Provincial Legislative Assemblies. This was not based on universal adult franchise or direct election by the people, nor were they nominated by the Viceroy.
- A. The Preamble is non-justiciable and cannot be enforced in any court of law.
- B. It can be amended, as long as the amendment does not destroy the ‘basic structure’ of the Constitution.
- C. The words ‘Socialist’, ‘Secular’, and ‘Integrity’ were added by the 42nd Amendment Act.
- D. All of the above.
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Correct Answer: D) All of the above.
Explanation:
All three statements are correct. The Preamble is indeed non-justiciable. The Supreme Court in the Kesavananda Bharati case ruled that the Preamble is a part of the Constitution and can be amended, but its basic structure cannot be altered. The 42nd Amendment Act of 1976 added the words ‘Socialist’, ‘Secular’, and ‘Integrity’ to the Preamble.
- A. The President is the nominal executive, while the Prime Minister is the real executive.
- B. The principle of collective responsibility of the executive to the legislature is a cornerstone of this system.
- C. Ministers are necessarily members of Parliament, and if not, must become so within six months.
- D. All of the above.
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Correct Answer: D) All of the above.
Explanation:
All the given statements correctly describe key features of the parliamentary system in India. The President is the titular head, while the Prime Minister and the Council of Ministers exercise real executive power. The Council of Ministers is collectively responsible to the Lok Sabha. Additionally, ministerial appointments are conditional on membership in Parliament within a six-month period.
- A. Written Constitution.
- B. Supremacy of the Constitution.
- C. Single Citizenship.
- D. Independent Judiciary.
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Correct Answer: C) Single Citizenship.
Explanation:
A truly federal system typically features dual citizenship, where citizens are citizens of both the federation and the state. India, however, has a ‘Single Citizenship’ system, where all citizens are citizens of India, regardless of the state they reside in. Written Constitution, Supremacy of the Constitution, and Independent Judiciary are all features generally associated with a federal system, including India’s.