Preamble & Schedule

Preamble

Origin & Adoption

  • Concept → USA, Language → Australia → borrowed ideas
  • Based on Objective Resolution (Nehru) → foundation
  • Adopted: 22 Jan 1949 → approved
  • Enforced: 26 Jan 1950 → became effective

Nature & Importance

  • “ID Card” – N.A. Palkhivala → identity of Constitution
  • “Horoscope” – K.M. Munshi → future direction
  • “Keynote” – Ernst Barker → core philosophy

Source of Authority

  • People of India → ultimate power

Features (Nature)

  • Sovereign, Socialist, Secular, Democratic, Republic → basic nature

Objectives

  • Justice → Social, Economic, Political
  • Liberty → Thought, Expression, Belief, Faith, Worship
  • Equality → Status & Opportunity
  • Fraternity → Unity & brotherhood

Amendment

  • 42nd Amendment (1976)Mini Constitution
    • Added: Socialist, Secular, Integrity

Preamble Cases

Berubari Case (1960)

  • Preamble NOT part of Constitution → cannot amend

Kesavananda Bharati Case (1973)

  • Preamble IS part → can be amended
  • 13 judges bench → largest bench

LIC Case

  • Confirmed Kesavananda decision

Schedule

List of Schedules

  • 1st → Territories & jurisdiction
  • 2nd → Emoluments (salary)
  • 3rd → Oaths & affirmations
  • 4th → Rajya Sabha seats
  • 5th → Scheduled Areas
  • 6th → Tribal areas (Assam, Tripura, Mizoram, Meghalaya)
  • 7th → Federal provisions (Union/State/Concurrent)
  • 8th → Official Languages
    • Originally: 14 → Now: 22
    • 21st CA → Sindhi
    • 71st CA → Konkani, Manipuri, Nepali
    • 92nd CA → Bodo, Dogri, Maithili, Santhali
    • 96th CA → Odia
  • 9th → Land reforms (1st CA, 1951)
  • 10th → Anti-defection (52nd CA, 1985)
  • 11th → Panchayats (73rd CA, 1992)
  • 12th → Municipalities (74th CA, 1993)

Sources of Constitution

GOI Act 1935

  • Emergency provisions, Federal system → major influence
  • Governor role, PSC, Supreme Court setup

UK

  • Parliamentary system, Rule of Law, Single citizenship
  • Writs, Bicameralism, Legislative procedure

USA

  • Fundamental Rights, Preamble, Judicial Review
  • Separation of Powers, Impeachment, Vice President
  • President election, Equality before law

Canada

  • Strong Centre, Residuary powers to Centre
  • Governor appointment, Advisory jurisdiction of SC

Australia

  • Concurrent List, Trade freedom
  • Joint sitting, Power distribution

Ireland

  • DPSP, Nomination in Rajya Sabha

Germany

  • Emergency powers, Suspension of FR

USSR (Russia)

  • Fundamental Duties, Five-Year Plans
  • Justice ideals (Social, Economic, Political)

France

  • Liberty, Equality, Fraternity, Republic system

Japan

  • Procedure established by law

🔥 Memory Tricks

  • “S3DR” → Sovereign, Socialist, Secular, Democratic, Republic
  • “JLEF” → Justice, Liberty, Equality, Fraternity
  • “UK = System, USA = Rights, USSR = Duties”

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