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Salient Features & Preamble

Polity notes for UPSC CSE Prelims 2027 · Free

Last reviewed · Written and checked by the Prelims Lab faculty · About 40 min to read

What a constitution does, the salient features, Parts and Schedules, and the Preamble word by word. Free notes for UPSC CSE Prelims 2027, written around the traps UPSC sets, with the exact text of the Constitution and every past question on the topic.

Salient Features & Preamble in short
Basic ideas behind a constitution
A constitution is the rulebook of a country. It sets up the government (who makes laws, who runs the country, who settles disputes), says how much power each part has, and lists the rights of the people.
Salient features
"Salient features" means the special qualities of our Constitution. Learn these as a list; UPSC often asks which feature is true or false.
Parts and Schedules
The Constitution is divided into Parts (like chapters) and Schedules (like lists attached at the end). You do not need every Article now, only the important Parts.
The Preamble: text and key words
The Preamble is the introduction to the Constitution. In one paragraph it tells us where power comes from, what kind of country India is, and what goals it wants to reach.
Preamble: status, amendment and court cases
Is the Preamble a part of the Constitution? The Supreme Court first said no (Berubari case, 1960), and later said yes (Kesavananda Bharati case, 1973).

How to read: each section has The idea in brief (start here if the topic is new), Exam notes (the facts UPSC tests) and Ranker’s edge (the fine points). Each section opens with the bare text of the Constitution. Open In depth for the story behind it and past questions.

1. Basic ideas behind a constitution

The bare text
Bare text · Article 21Constitution of India, as on 1 May 2024

21. Protection of life and personal liberty.—No person shall be deprived of his life or personal liberty except according to procedure established by law.

Bare text · Article 50Constitution of India, as on 1 May 2024

50. Separation of judiciary from executive.—The State shall take steps to separate the judiciary from the executive in the public services of the State.

Reading the text: where the big ideas sit

UPSC’s “basic ideas” questions test concepts that the Constitution rarely names. Find the words in the text that carry each idea, and the concept becomes concrete.

  • Due process vs procedure established by law: Article 21 uses the Japanese phrase, not the American one. The Constitution itself never says “due process”; the Supreme Court read fairness into Article 21 in Maneka Gandhi (1978). That is why UPSC asks what due process means: a law must be fair and just, not just properly passed.
  • Separation of powers: there is no Article that declares it. The closest text is Article 50, a Directive Principle that only asks the State to “take steps” to separate the judiciary from the executive. The rest is structure: separate chapters for Parliament, the executive and the courts. The Supreme Court treats it as part of the basic structure.
  • Rule of law: again not a phrase in the text. It lives in Article 14 (equality before the law) and in judicial review under Articles 13, 32 and 226.
The idea in brief

A constitution is the rulebook of a country. It sets up the government (who makes laws, who runs the country, who settles disputes), says how much power each part has, and lists the rights of the people. Every other law must follow it, so it is the supreme law.

Think of it like thisA cricket match has umpires, captains and players. The rules of cricket decide what each can do. Even the captain cannot change them in the middle of a match. A constitution is that rulebook for a country.
Exam notes
ConstitutionSupreme law that creates the organs of government, defines and limits their powers, and states the rights of citizens. Its chief purpose is to limit government (PYQ 2023)
ConstitutionalismThe idea of limited government: power is used only within limits set by a higher law
StateA community of people permanently living in a definite territory, independent of outside control, with an organised government. Four elements: population, territory, government, sovereignty (PYQ 2021)
Rule of lawA.V. Dicey (British): (1) no arbitrary power, (2) equality before law, (3) rights flow from court judgments. India adopts the first two; in India the Constitution itself is the source of rights
Procedure established by lawFrom Japan. A law is valid if made by the proper authority by the proper procedure
Due process of lawFrom the USA. Court also checks whether the law is fair and just, following natural justice. India moved towards it in Maneka Gandhi (1978) (PYQ 2023)
Separation of powersLegislature, executive and judiciary kept apart so no one organ holds all power: the best safeguard of liberty (PYQ 2021). India has a functional overlap, not a rigid separation
LibertyNot absence of restraint, but the opportunity to develop oneself fully (PYQ 2019). Laws create the conditions for liberty: no law, no liberty (PYQ 2018)
In detail: Bureaucracy in India is the agency that implements public policy (PYQ 2020). Social capital means the level of mutual trust and harmony in a society (PYQ 2019). Gandhism and Marxism share one goal: a stateless society (PYQ 2020). The word “minority” is used in Articles 29 and 30 but is not defined in the Constitution.
IdeaWhat to remember
Sources of lawConstitution, statutes, customary law and case law. “Law” in Article 13 includes ordinances, rules, bye-laws, notifications and customs having the force of law (PYQ 2026)
Legal positivismJohn Austin: law is the command of the sovereign
Rule of law vs rule by lawRule of law binds the rulers too; rule by law uses law as a tool of the ruler
Extra-constitutionalPower or body not based on the Constitution (e.g., NITI Aayog, PMO)
Constitutional moralityAmbedkar: respect for constitutional forms and restraint by those in power; “not a natural sentiment, it has to be cultivated”
Remember itA constitution creates, limits, protects: it creates the organs, limits their power, protects rights. Its chief purpose (PYQ 2023) is the middle word: limit. Dicey’s rule of law has three limbs; India keeps two.
Beyond the basics · ranker’s edge
ConceptDepth for statement questions
Constitution vs constitutionalismA country can have a written constitution without constitutionalism (authoritarian regimes). Constitutionalism needs limits that are actually enforced
Rule of law in IndiaHeld a basic feature in Indira Gandhi v. Raj Narain (1975). Dicey’s third limb (rights from court judgments) does not apply: the Constitution is the source of rights
Separation of powersNot rigid, but part of the basic structure (Kesavananda; Indira Gandhi, 1975). Article 50 directs separation of the judiciary from the executive
Constitutional moralityTerm from historian George Grote, used by Ambedkar. Applied in Navtej Johar (2018), Sabarimala (2018) and Govt of NCT of Delhi (2018): constitutional morality prevails over popular or “public” morality
Transformative constitutionalismThe Constitution is meant to change society, not just freeze it (Navtej Johar; Joseph Shine, 2018)
“Law” in Article 13(3)(a)Ordinance, order, bye-law, rule, regulation, notification, and custom or usage having the force of law (PYQ 2026)
Prelims trap: The “chief purpose” of a constitution is to limit government, not to create a welfare state or list duties. (PYQ 2023) Liberty in UPSC’s framing is “opportunity to develop oneself”, not “absence of restraint”. (PYQ 2019)
In depth: the story behind it and how UPSC asks it

The story behind it

The drafters chose a written, detailed Constitution because they distrusted unchecked power. They had seen a colonial government rule by ordinance and emergency. That is the core of constitutionalism: government limited by a higher law. UPSC’s 2023 question on the “chief purpose” of a constitution tests exactly this.

India’s version of that idea is not British. Britain has parliamentary sovereignty, with no written constitution above Parliament. India borrowed Britain’s cabinet system but put a written Constitution, and the courts, above Parliament.

How UPSC asks it

  1. UPSC 2023 In essence, what does 'Due Process of Law' mean?
    1. The principle of natural justice
    2. The procedure established by law
    3. Fair application of law
    4. Equality before law
    Show answer(a) The principle of natural justice. Due process lets courts ask whether a law and its procedure are just, fair and follow natural justice. (b) is the narrower Japanese doctrine. (c) was argued by many as also right, but UPSC’s key is (a).
  2. UPSC 2023 Which one of the following statements best reflects the Chief purpose of the 'Constitution' of a country?
    1. It determines the objective for the making of necessary laws.
    2. It enables the creation of political offices and a government.
    3. It defines and limits the powers of government.
    4. It secures social justice, social equality and social security.
    Show answer(c) It defines and limits the powers of government. The core idea of constitutionalism is limited government: a constitution defines and limits power. (b) and (d) are functions, not the chief purpose.
  3. UPSC 2021 Which one of the following best defines the term 'State'?
    1. A community of persons permanently occupying a definite territory independent of external control and possessing an organised government
    2. A politically organised people of a definite territory and possessing an authority to govern them, maintain law and order, protect their natural rights and safeguard their means of sustenance
    3. A number of persons who have been living in a definite territory for a very long time with their own culture, tradition and government
    4. A society permanently living in a definite territory with a central authority, an executive responsible to the central authority and an independent judiciary
    Show answer(a) A community of persons permanently occupying a definite territory independent of external control and possessing an organised government. (a) covers all four elements: population, territory, government and sovereignty (independence from external control). The others miss sovereignty.
  4. UPSC 2021 Which one of the following factors constitutes the best safeguard of liberty in a liberal democracy?
    1. A committed judiciary
    2. Centralization of powers
    3. Elected government
    4. Separation of powers
    Show answer(d) Separation of powers. Separation of powers stops any one organ from concentrating power (Montesquieu). A ‘committed’ judiciary is the opposite of an independent one.
  5. UPSC 2020 One common agreement between Gandhism and Marxism is
    1. the final goal of a stateless society
    2. class struggle
    3. abolition of private property
    4. economic determinism
    Show answer(a) the final goal of a stateless society. Both see a stateless society as the final goal: Marx through withering away of the State, Gandhi through enlightened anarchy. Gandhi rejected class struggle and violent abolition of property.
  6. UPSC 2020 In the context of India, which one of the following is the characteristic appropriate for bureaucracy?
    1. An agency for widening the scope of parliamentary democracy
    2. An agency for strengthening the structure of federalism
    3. An agency for facilitating political stability and economic growth
    4. An Agency for the implementation of public policy
    Show answer(d) An Agency for the implementation of public policy. The permanent executive (bureaucracy) implements policies made by the political executive and legislature.
  7. UPSC 2019 In the context of any country, which one of the following would be considered as part of its social capital?
    1. The proportion of literates in the population
    2. The stock of its buildings, other infrastructure and machines
    3. The size of population in the working age group
    4. The level of mutual trust and harmony in the society
    Show answer(d) The level of mutual trust and harmony in the society. Social capital is the network of trust, norms and cooperation in a society. (a) and (c) relate to human capital; (b) to physical capital.
  8. UPSC 2019 In the context of polity, which one of the following would you accept as the most appropriate definition of liberty?
    1. Protection against the tyranny of political rulers
    2. Absence of restraint
    3. Opportunity to do whatever one likes
    4. Opportunity to develop oneself fully
    Show answer(d) Opportunity to develop oneself fully. Liberty in the positive sense means conditions in which a person can develop fully. Absence of restraint or doing whatever one likes is licence, not liberty.
  9. UPSC 2018 Which of the following are regarded as the main features of the "Rule of Law"?
    1. Limitation of Powers
    2. Equality before law
    3. People's responsibility to the Government
    4. Liberty and civil rights
    1. 1 and 3 only
    2. 2 and 4 only
    3. 1, 2 and 4 only
    4. 1, 2, 3 and 4
    Show answer(c) 1, 2 and 4 only. Dicey’s Rule of Law: no arbitrary power, equality before law, rights protected. “People’s responsibility to Government” is not a feature.
  10. UPSC 2018 Which one of the following reflects the most appropriate relationship between law and liberty?
    1. If there are more laws, there is less liberty.
    2. If there are no laws, there is no liberty.
    3. If there is liberty, laws have to be made by the people.
    4. If laws are changed too often, liberty is in danger.
    Show answer(b) If there are no laws, there is no liberty. Laws protect each person’s liberty from interference by others. Without law there would be the rule of the strong, and no real liberty.
  11. UPSC 2011 Karl Marx explained the process of class struggle with the help of which one of the following theories?
    1. Empirical liberalism
    2. Existentialism
    3. Darwin's theory of evolution
    4. Dialectical materialism
    Show answer(d) Dialectical materialism. Marx’s theory of history (historical/dialectical materialism) sees change driven by conflict between classes over material conditions.

2. Salient features

The bare text
Bare text · Article 1Constitution of India, as on 1 May 2024

1. Name and territory of the Union.—(1) India, that is Bharat, shall be a Union of States.

[(2) The States and the territories thereof shall be as specified in the First Schedule.]

(3) The territory of India shall comprise—

(a) the territories of the States;

[(b) the Union territories specified in the First Schedule; and]

(c) such other territories as may be acquired.

Amended by: 7th (1956) Amendment
Bare text · Article 326Constitution of India, as on 1 May 2024

326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.—The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than [eighteen years] of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified under this Constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.

Amended by: 61st (1988) Amendment

Reading the text

  • “India, that is Bharat”: the Constitution gives the country two official names in its very first line. The Hindi text uses “Bharat”.
  • “Union of States”, not “federation”: Ambedkar explained that the Indian federation was not the result of an agreement among States, so no State has a right to leave it. The word “federal” appears nowhere in the Constitution.
  • Clause (3)(c), “such other territories as may be acquired”: India’s territory can grow. Goa, Daman and Diu (1961), Puducherry (1954 de facto, 1962 de jure) and Sikkim (1975) came in this way.
  • Article 326 says “entitled to be registered as a voter”: the Constitution guarantees adult suffrage, and the age of 18 (changed from 21 by the 61st Amendment, 1988). But who may be disqualified, for non-residence, unsoundness of mind, crime or corrupt practice, is left to law.
The idea in brief

“Salient features” means the special qualities of our Constitution. Learn these as a list; UPSC often asks which feature is true or false.

Why “Union of States”?Ambedkar explained that Indian States did not come together by an agreement, so they cannot leave the Union. The Union is permanent; the borders of States can be changed.
Exam notes
FeatureWhat it means
Lengthiest written constitutionOriginally a Preamble, 395 Articles, 22 Parts and 8 Schedules. Today about 470 Articles, 25 Parts and 12 Schedules. Reasons: size and diversity of India, Government of India Act 1935 as its base, one constitution for Centre and States (except J&K earlier), legal experts in the Assembly
Borrowed from many sourcesAbout 250 provisions are close to the Government of India Act, 1935; the philosophy comes from the US (rights), Ireland (Directive Principles) and Britain (cabinet government)
Rigid and flexibleSome parts need a special majority plus half the States; some a special majority; some a simple majority outside Article 368
Federal with a unitary biasFederal features: two governments, division of powers, written and rigid constitution, independent judiciary, bicameralism. Unitary features: strong Centre, single constitution, single citizenship, integrated judiciary, All-India Services, emergency provisions, Governor appointed by the Centre. The word “federation” is not used: Article 1 says “Union of States“
Parliamentary governmentBritish model, at both levels. Executive is responsible to the legislature; real power with the Council of Ministers
Parliamentary sovereignty with judicial supremacyA middle path between British parliamentary sovereignty and American judicial supremacy: Parliament can amend most of the Constitution; courts can strike down laws through judicial review
Integrated, independent judiciaryOne hierarchy: Supreme Court at the top, High Courts, then subordinate courts; enforces both Central and State laws
Rights, Directives, DutiesFundamental Rights (Part III), Directive Principles (Part IV), Fundamental Duties (Part IVA, added 1976)
Secular StateNo official religion; equal respect for all religions (positive secularism). Word “secular” added to the Preamble in 1976
Universal adult franchiseEvery citizen aged 18 or more can vote (Article 326). Age cut from 21 to 18 by the 61st Amendment, 1988 (in force 1989)
Single citizenshipOnly Indian citizenship; no separate State citizenship
Independent bodiesElection Commission, CAG, UPSC, State PSCs
Emergency provisionsNational (352), State (356), Financial (360): the federal system can turn unitary
Three-tier governmentPanchayats and Municipalities added by the 73rd and 74th Amendments, 1992; cooperative societies given status by the 97th Amendment, 2011 (Part IXB)
In detail: The right to vote is a constitutional right (Article 326), not a Fundamental Right (PYQ 2017); the Supreme Court has also described the right to vote and to contest as statutory rights under election law. The basic structure is not defined anywhere in the Constitution: it is a creation of the Supreme Court (Kesavananda Bharati, 1973) (PYQ 2020).
Prelims trap: The Constitution never uses the word “federation” or “judicial review” as a heading; both are inferred. Article 1 calls India a “Union of States” because it was not formed by an agreement among States and no State can secede (PYQ 2017); States have unequal seats in the Rajya Sabha.
Official language (Part XVII)Key points
Article 343Official language of the Union: Hindi in Devanagari, international form of numerals. India has no “national language”
Article 344Official Language Commission; the first (1955) was chaired by B.G. Kher
Official Languages Act, 1963English continues alongside Hindi for official purposes
Article 350A / 350BInstruction in the mother tongue at the primary stage / Special Officer for Linguistic Minorities
Article 351Directive for development of Hindi
Remember it“Long, Borrowed, Rigid-Flexible, Federal-Unitary, Parliamentary“: five labels, then the rest come in pairs: Rights–Directives, Secular–Adult franchise, Single citizenship–Integrated judiciary, Independent bodies–Emergency powers.
Beyond the basics · ranker’s edge
FeatureScholar labels and fine print
Nature of federalismK.C. Wheare: “quasi-federal”. Granville Austin: “cooperative federalism”. Ivor Jennings: “federation with a strong centralising tendency”. Morris-Jones: “bargaining federalism”. Federalism is a basic feature (S.R. Bommai, 1994)
Single constitutionJ&K had its own constitution till Article 370 was made inoperative (Aug 2019); upheld in In re Article 370 (Dec 2023)
SecularismPositive secularism: principled distance, not a wall. Basic feature (Bommai).
Language articles343 Union; 345 State; 348 English for the Supreme Court, High Courts and Acts until Parliament provides otherwise; 120/210 languages in legislatures; 350 representations in any language used in the Union or State
Official Languages Act, 19631967 amendment made it indefinite. Committee of Parliament on Official Language: 30 members (20 LS, 10 RS)
Classical languagesNot a constitutional category. 11 now: Tamil (2004), Sanskrit, Telugu, Kannada, Malayalam, Odia, and Marathi, Pali, Prakrit, Assamese, Bengali (October 2024)
Prelims trap: India is a “Union of States”, not a federation formed by agreement: the States did not sign a compact to create it and cannot secede. (PYQ 2017)
In depth: the story behind it and how UPSC asks it

The story behind it: is voting a right?

Students find this confusing because courts have used different labels. The principle of adult suffrage is constitutional: it is in Article 326, so Parliament cannot take it away by ordinary law. But the actual right to vote in a given election, and to contest it, is worked out by the Representation of the People Acts. The Supreme Court has repeatedly called it a statutory right, for example in Jyoti Basu (1982) and Kuldip Nayar (2006). It is not a Fundamental Right, though the act of voting, the expression of choice, is protected as free expression under Article 19(1)(a) (PUCL, 2003).

Universal adult suffrage from the very first election (1951–52) was itself remarkable. Britain had given women equal voting rights only in 1928. India granted it at once to a mostly unlettered population, a decision the Constituent Assembly took deliberately.

How UPSC asks it

  1. UPSC 2017 Right to vote and to be elected in India is a
    1. Fundamental Right
    2. Natural Right
    3. Constitutional Right
    4. Legal Right
    Show answer(c) Constitutional Right. The right to vote flows from Article 326 (adult suffrage), so UPSC treats it as a constitutional right. It is not in Part III.

3. Parts and Schedules

The bare text
Bare text · Article 31BConstitution of India, as on 1 May 2024

[31B. Validation of certain Acts and Regulations.—Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and notwithstanding any judgment, decree or order of any court or Tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.]

Amended by: 1st (1951) Amendment

Reading the text

  • “None of the Acts … specified in the Ninth Schedule … shall be deemed to be void, or ever to have become void”: Article 31B works backwards in time. It revived laws that courts had already struck down.
  • “Notwithstanding any judgment, decree or order of any court”: Parliament placed the listed laws beyond Fundamental Rights challenges, overriding court decisions directly.
  • “Subject to the power of any competent Legislature to repeal or amend it”: the shield protects the law, not the legislature’s own power to change it.
The idea in brief

The Constitution is divided into Parts (like chapters) and Schedules (like lists attached at the end). You do not need every Article now, only the important Parts.

Exam notes
PartArticlesSubject
I1–4The Union and its territory
II5–11Citizenship
III12–35Fundamental Rights
IV36–51Directive Principles of State Policy
IVA51AFundamental Duties (42nd Amendment, 1976)
V52–151The Union: President, Parliament, Supreme Court, CAG
VI152–237The States
VII—Part B States (repealed by the 7th Amendment, 1956)
VIII239–242Union Territories
IX243–243OPanchayats (73rd Amendment)
IXA243P–243ZGMunicipalities (74th Amendment)
IXB243ZH–243ZTCo-operative societies (97th Amendment, 2011)
X244–244AScheduled and Tribal Areas
XI245–263Relations between the Union and the States
XII264–300AFinance, property, contracts and suits
XIII301–307Trade, commerce and intercourse within India
XIV308–323Services under the Union and the States
XIVA323A–323BTribunals (42nd Amendment)
XV324–329AElections
XVI330–342ASpecial provisions for certain classes (SC, ST, Anglo-Indians, backward classes)
XVII343–351Official language
XVIII352–360Emergency provisions
XIX361–367Miscellaneous (immunity of the President and Governors)
XX368Amendment of the Constitution
XXI369–392Temporary, transitional and special provisions
XXII393–395Short title, commencement, Hindi text, repeals
Prelims trap: Part VII is vacant (repealed 1956). Centre-State relations are Part XI (legislative = Chapter I, administrative = Chapter II); finance is Part XII. Elections are Part XV, emergency Part XVIII, amendment Part XX (only one Article, 368).
ScheduleDeals withAdded by
FirstNames of States and Union Territories and their territoriesOriginal
SecondSalaries and allowances: President, Governors, Speakers, judges, CAGOriginal
ThirdForms of oaths and affirmationsOriginal
FourthSeats of States and UTs in the Rajya SabhaOriginal
FifthAdministration of Scheduled Areas and Scheduled TribesOriginal
SixthTribal areas of Assam, Meghalaya, Tripura, MizoramOriginal
SeventhUnion, State and Concurrent ListsOriginal
EighthLanguages: originally 14, now 22Original
NinthLaws (mainly land reform) protected from challenge on Fundamental Rights grounds1st Amendment, 1951 (Nehru)
TenthAnti-defection52nd Amendment, 1985
EleventhPanchayats: 29 subjects73rd Amendment, 1992
TwelfthMunicipalities: 18 subjects74th Amendment, 1992
In detail, a memory line: Schedules 1–8 are original; 9, 10, 11 and 12 were each added by an amendment (PYQ 2005). Laws put in the Ninth Schedule after 24 April 1973 can still be tested against the basic structure (I.R. Coelho, 2007).
Prelims trap: The Ninth Schedule came under Nehru (1951), not Indira Gandhi (PYQ 2019). Fifth Schedule = Scheduled Areas in most States; Sixth Schedule = only the four north-eastern States.
Eighth Schedule changesLanguages added
21st Amendment, 1967Sindhi
71st Amendment, 1992Konkani, Manipuri, Nepali
92nd Amendment, 2003Bodo, Dogri, Maithili, Santhali (total 22)
96th Amendment, 2011“Oriya” renamed “Odia”
Prelims trap: English is not in the Eighth Schedule. Second Schedule covers the President, Governors, Speakers, judges and the CAG, but not the CEC. Concluding Articles: 393 short title “Constitution of India”, 394 commencement (26 Jan 1950), 395 repeals the Indian Independence Act and GoI Act, 1935 (PYQ 2026).
Remember itSchedules added later go 9-10-11-12 = 1st-52nd-73rd-74th. For the original eight, think “Names, Pay, Oaths, Seats, Tribes (5), North-East (6), Lists, Languages“.
Beyond the basics · ranker’s edge
ItemWhat toppers add
Second SchedulePresident, Governors, Speaker and Deputy Speaker (LS and Assemblies), Chairman and Deputy Chairman (RS and Councils), judges of SC and HCs, CAG. Not the CEC, not the Attorney General
Fourth ScheduleRajya Sabha seats; Uttar Pradesh has the most (31)
Fifth ScheduleTribes Advisory Council of up to 20 members, three-fourths of them ST MLAs. Governor can adapt Central/State laws for Scheduled Areas
Ninth ScheduleInserted with Article 31B (1951). I.R. Coelho (2007): laws added after 24 April 1973 can be tested on the basic structure
Part IXB (co-operatives)Union of India v. Rajendra N. Shah (2021): struck down as regards State co-operatives (not ratified by States); survives for multi-State co-operatives
Eighth Schedule demandsPurpose under Articles 344(1) and 351. No fixed criteria; more than 35 languages have pending demands
Prelims trap: Schedules 9–12 came by the 1st, 52nd, 73rd and 74th Amendments. (PYQ 2005) The Ninth Schedule is Nehru’s, from 1951. (PYQ 2019)
In depth: the story behind it and how UPSC asks it

The story behind it

In 1951 the Patna High Court struck down Bihar’s land reform law in the Kameshwar Singh case for violating the right to equality. Zamindari abolition was a core promise of the freedom movement. Nehru’s government responded within months with the 1st Amendment (1951), which added Articles 31A and 31B and the Ninth Schedule, with 13 laws in it. UPSC’s 2019 question asked under which Prime Minister it came: Nehru.

Over the years the Schedule grew to well over 280 laws, including some with little to do with land reform. In I.R. Coelho (2007) the Supreme Court held that laws added after 24 April 1973 can be tested against the basic structure.

Reading the numbering

Why does the Constitution still end at Article 395, though it now has over 450 Articles? New Articles are slotted in with letters (21A, 31B, 243ZT) and new Parts likewise (IVA, IXA, IXB, XIVA), so existing numbers never change. Laws, judgments and textbooks citing an Article stay valid. Omitted Articles, such as 31 (property) or Part VII, leave their number empty rather than renumbering the rest.

How UPSC asks it

  1. UPSC 2024 Which of the following statements are correct about the Constitution of India?
    1. Powers of the Municipalities are given in Part IX A of the Constitution.
    2. Emergency provisions are given in Part XVIII of the Constitution.
    3. Provisions related to the amendment of the Constitution are given in Part XX of the Constitution.
    1. 1 and 2 only
    2. 2 and 3 only
    3. 1 and 3 only
    4. 1, 2 and 3
    Show answer(d) 1, 2 and 3. Part IXA (Municipalities), Part XVIII (Emergency) and Part XX (Amendment) are all correct.
  2. UPSC 2019 The Ninth Schedule was introduced in the Constitution of India during the prime ministership of:
    1. Jawaharlal Nehru
    2. Lal Bahadur Shastri
    3. Indira Gandhi
    4. Morarji Desai
    Show answer(a) Jawaharlal Nehru. The First Amendment Act, 1951, under Nehru, added the Ninth Schedule to protect land reform laws.
  3. UPSC 2005 Consider the following statements:
    1. The Constitution of India has 20 parts.
    2. There are 390 Articles in the Constitution of India in all.
    3. Ninth, Tenth, Eleventh and Twelfth Schedules were added to the Constitution of India by the Constitution (Amendment) Acts.
    Which of the statements given above is/are correct?
    1. 1 and 2
    2. 2 only
    3. 3 only
    4. 1, 2 and 3
    Show answer(c) 3 only. The Constitution had 22 Parts and 395 Articles originally (more now), so 1 and 2 are wrong. Schedules 9–12 were all added by amendments (1st, 52nd, 73rd, 74th).

4. The Preamble: text and key words

The bare text
Bare text · The PreambleConstitution of India, as on 1 May 2024

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];

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Subs. by the Constitution (Forty-second Amendment) Act, 1976, s.2, for "SOVEREIGN DEMOCRATIC REPUBLIC" (w.e.f. 3-1-1977).Subs. by s. 2, ibid., for "Unity of the Nation" (w.e.f. 3-1-1977).

Reading the text

  • “WE, THE PEOPLE OF INDIA”: the source of authority is the people, not the British Parliament or any ruler. Compare the Independence Act of 1947, which drew its authority from the British Crown.
  • The bracketed words were changed by the 42nd Amendment in 1976. The original read “SOVEREIGN DEMOCRATIC REPUBLIC”. That is why UPSC’s 2021 answer to “India’s exact constitutional status on 26 January 1950” is a Sovereign Democratic Republic: “socialist” and “secular” came only in 1976.
  • Order of the objectives: Justice, Liberty, Equality, Fraternity. Justice comes first, in three forms, social, economic and political, the phrase usually traced to the Russian Revolution. Liberty, equality and fraternity come from the French Revolution.
  • “Dignity of the individual” comes before “unity and integrity of the Nation”: the drafters placed the person before the nation in the same line.
  • “This twenty-sixth day of November, 1949”: the Preamble records the date of adoption, not 26 January 1950. UPSC’s 1997 question tested this date.
  • “Adopt, enact and give to ourselves”: three verbs for one act. The people made the Constitution and accepted it.
The idea in brief

The Preamble is the introduction to the Constitution. In one paragraph it tells us where power comes from, what kind of country India is, and what goals it wants to reach.

Exam notes
Part of the PreambleWords
Source of authority“We, the people of India“: power comes from the people
Nature of the StateSovereign, Socialist, Secular, Democratic, Republic. On 26 January 1950 India was a “Sovereign Democratic Republic”; “Socialist” and “Secular” came in 1976 (PYQ 2021)
ObjectivesJustice: social, economic, political · Liberty: of thought, expression, belief, faith, worship · Equality: of status and opportunity · Fraternity: assuring dignity of the individual and the unity and integrity of the Nation
Date of adoption“In our Constituent Assembly this twenty-sixth day of November, 1949” (PYQ 1997)
SovereignIndia is neither a dependency nor a dominion; free to manage internal and external affairs. Commonwealth membership does not affect it
SocialistDemocratic socialism: a mixed economy, not State ownership of everything. Since 1991 liberalisation it has a softer meaning
SecularAll religions enjoy equal status and support (positive secularism)
DemocraticRepresentative, parliamentary democracy; covers political, social and economic democracy
RepublicHead of the State is elected (the President), not hereditary; every public office open to every citizen
In detail, sources of the ideals: Justice (social, economic, political) is from the Russian Revolution; Liberty, Equality, Fraternity from the French Revolution; “We the people” style from the US Constitution. Economic justice appears in the Preamble and is pursued through the Directive Principles (PYQ 2013). The Preamble has no “economic liberty” (PYQ 2017).
Prelims trap: Five liberties only: thought, expression, belief, faith, worship. No “economic liberty”. Equality is of status and opportunity, not of income. The Preamble was adopted on 26 Nov 1949, not 26 Jan 1950.
Who said it about the PreambleDescription
K.M. Munshi“Political horoscope”
Ernest Barker“Key-note” to the Constitution
N.A. Palkhivala“Identity card” of the Constitution
Thakurdas Bhargava“Soul” of the Constitution, its most precious part
Remember itSSSDR for the State (Sovereign Socialist Secular Democratic Republic) and JLEF for the goals (Justice Liberty Equality Fraternity). Liberty has exactly five objects: T-E-B-F-W (thought, expression, belief, faith, worship); no “economic liberty”.
Beyond the basics · ranker’s edge
Word or phraseDepth
Enacting words“do hereby adopt, enact and give to ourselves this Constitution”
SovereignCommonwealth membership (London Declaration, 1949) is voluntary and does not dilute sovereignty
SocialistCourts read it as a decent standard of life for working people (D.S. Nakara, 1983); democratic socialism with a mixed economy
FraternityAdded by the Drafting Committee.
Prelims trap: “unity” was always there.
In depth: the story behind it and how UPSC asks it

How UPSC asks it

  1. UPSC 2021 What was the exact constitutional status of India on 26th January, 1950?
    1. A Democratic Republic
    2. A Sovereign Democratic Republic
    3. A Sovereign Secular Democratic Republic
    4. A Sovereign Socialist Secular Democratic Republic
    Show answer(b) A Sovereign Democratic Republic. The original Preamble said “Sovereign Democratic Republic”. Socialist and Secular were added in 1976.
  2. UPSC 2017 Which one of the following objectives is not embodied in the Preamble to the Constitution of India?
    1. Liberty of thought
    2. Economic liberty
    3. Liberty of expression
    4. Liberty of belief
    Show answer(b) Economic liberty. The Preamble lists liberty of thought, expression, belief, faith and worship. Economic liberty is not mentioned (economic justice is).
  3. UPSC 2013 'Economic Justice' as one of the objectives of the Indian Constitution has been provided in:
    1. the Preamble and the Fundamental Rights
    2. the Preamble and the Directive Principles of State Policy
    3. the Fundamental Rights and the Directive Principles of State Policy
    4. None of the above
    Show answer(b) the Preamble and the Directive Principles of State Policy. The Preamble states economic justice; the Directive Principles (e.g., Article 38, 39) are the means to achieve it.
  4. UPSC 1997 In the following quotation, "WE THE PEOPLE OF INDIA … In our Constituent Assembly this 'X' do hereby adopt, enact and give to ourselves this Constitution." 'X' stands for:
    1. twenty-sixth day of January, 1950
    2. twenty-sixth day of November, 1949
    3. twenty-sixth day of January, 1949
    4. None of the above
    Show answer(b) twenty-sixth day of November, 1949. The Constitution was adopted on 26 November 1949; it came into force on 26 January 1950.

5. Preamble: status, amendment and court cases

The idea in brief

Is the Preamble a part of the Constitution? The Supreme Court first said no (Berubari case, 1960), and later said yes (Kesavananda Bharati case, 1973). Today it is accepted as a part of the Constitution.

Think of it like thisThe Preamble is like the “About us” page of a company: it tells you its aims, but you cannot take the company to court just because it did not meet them.
Exam notes
BasisObjectives Resolution moved by Nehru on 13 Dec 1946, adopted on 22 Jan 1947. It reflects the mind of the makers (PYQ 2017)
Berubari Union (1960)Preamble is not a part of the Constitution; it is a key to the minds of the makers
Kesavananda Bharati (1973)Preamble is a part of the Constitution; it can be amended, but not its basic features
LIC of India (1995)Reaffirmed: Preamble is an integral part of the Constitution
AmendmentAmended only once: 42nd Amendment, 1976 added Socialist, Secular and Integrity
Legal effectNot justiciable; it is neither a source of power for the legislature nor a limit on it. It helps interpret Articles when language is unclear. So it is part of the Constitution but has no legal effect independently of other parts (PYQ 2020)
Recent (2024)In Dr Balram Singh v. Union of India (Nov 2024), the Supreme Court dismissed petitions challenging the addition of “socialist” and “secular” in 1976, holding that Parliament’s amending power extends to the Preamble
In detail, descriptions: “Identity card of the Constitution” (N.A. Palkhivala); “political horoscope” (K.M. Munshi); “soul of the Constitution” and “key to the Constitution” are used by various members. Thakurdas Bhargava called it “the most precious part of the Constitution”.
Prelims trap: Berubari said not part; Kesavananda and LIC said part. “Unity and integrity“: only “integrity” was added in 1976. The Preamble cannot override a specific Article.
CaseHolding on the Preamble
S.R. Bommai (1994)Secularism is a basic feature; the State has no religion
Balram Singh (Nov 2024)Challenge to “socialist” and “secular” (added 1976) dismissed; amending power under Article 368 extends to the Preamble
Remember itCase chain No → Yes → Yes → Valid: Berubari 1960 (not part) → Kesavananda 1973 (part) → LIC 1995 (part) → Balram Singh 2024 (the 1976 words valid). Amended once, three words: Socialist, Secular, Integrity.
Beyond the basics · ranker’s edge
Case or eventHolding
In re Berubari (1960)A presidential reference (Article 143): Preamble not a part
Kesavananda Bharati (1973)Preamble is a part; amendable subject to basic structure; elements of the basic structure are read from it
44th Amendment Bill (1978)A clause to define “secular” and “socialist” did not survive in the Rajya Sabha
Balram Singh (Nov 2024)Upheld the 1976 insertion of “socialist” and “secular”; adoption date in the Preamble is no bar to amending it
In depth: the story behind it and how UPSC asks it

The story behind it: words the Assembly chose, and refused

  • The Preamble was adopted last, on 17 October 1949, after the rest of the draft had been debated. The Assembly wanted it to sum up a Constitution already settled, not to bind the debate in advance.
  • “In the name of God” was voted down. H.V. Kamath moved that the Preamble begin with an invocation of God. The Assembly rejected it, 68 votes to 41, keeping the Preamble’s authority in “We, the people” alone.
  • “Socialist” was refused in 1948. When K.T. Shah moved to describe India as “secular, federal, socialist”, Ambedkar opposed it. His argument: the Constitution should not fix an economic system and bind future generations; that choice belongs to the people at each election.
  • Added in 1976 anyway. The 42nd Amendment inserted “socialist” and “secular” during the Emergency. The Supreme Court has since read “socialist” as democratic socialism with a mixed economy, and has held secularism to be part of the basic structure (S.R. Bommai, 1994).

How courts actually use the Preamble

The Preamble is part of the Constitution but cannot be enforced on its own. Courts use it in two ways. First, to choose between two readings of an unclear provision, preferring the one closer to the Preamble’s aims. Second, as the main textual base of the basic structure: in Kesavananda Bharati (1973), several judges drew the list of basic features straight from its words.

How UPSC asks it

  1. UPSC 2020 The Preamble to the Constitution of India is:
    1. a part of the Constitution but has no legal effect
    2. not a part of the Constitution and has no legal effect either
    3. a part of the Constitution and has the same legal effect as any other part
    4. a part of the Constitution but has no legal effect independently of other parts
    Show answer(d) a part of the Constitution but has no legal effect independently of other parts. It is a part (Kesavananda, LIC) but is non-justiciable; it works only together with other provisions, e.g., to interpret them.
  2. UPSC 2017 The mind of the makers of the Constitution of India is reflected in which of the following?
    1. The Preamble
    2. The Fundamental Rights
    3. The Directive Principles of State Policy
    4. The Fundamental Duties
    Show answer(a) The Preamble. The Supreme Court called the Preamble the key to the minds of the makers; it came from Nehru’s Objectives Resolution.

6. Quick revision and traps

Exam notes
395 / 22 / 8Original Articles / Parts / Schedules. Now about 470 / 25 / 12
Union of StatesArticle 1. Indestructible Union of destructible States; no right to secede
One amendmentPreamble amended once, in 1976, with three words
26 Nov vs 26 JanAdopted 26 Nov 1949 (now Constitution Day); in force 26 Jan 1950
Official language of the UnionHindi in Devanagari (Art 343); no national language
Languages in the Eighth Schedule22 (originally 14); English not included
Parts today25 (Part VII vacant since 1956); single-Article Parts: IVA (51A) and XX (368)
Concluding Articles393 title, 394 commencement, 394A Hindi text, 395 repeals
Beyond the basics · ranker’s edge
PYQ patternHow to prepare
Preamble wording (liberty list, equality, adoption date)Write the Preamble from memory once a week
“Part of the Constitution?” case chainBerubari (no) → Kesavananda (yes) → LIC (yes) → Balram Singh (amendment valid)
Schedule–amendment pairs9: 1st (1951), 10: 52nd (1985), 11: 73rd, 12: 74th (1992)
Political theory one-linersUPSC uses textbook definitions of state, liberty, rule of law; read NCERT Political Theory (Class XI)