UPSC GS Paper II: Constitution, Making of Indian Constitution, Constituent Assembly, Key Provisions

Must?Know (20–25 detailed bullets)

• Constituent Assembly formed in December 1946 under Cabinet Mission Plan; members elected by provincial assemblies through single transferable vote.
• Total strength of Constituent Assembly: 389; 296 from British India, 93 from princely states (most did not participate initially).
• First meeting of Constituent Assembly: December 9, 1946; held in Constitution Hall (now Central Hall of Parliament), presided by Sachchidananda Sinha (temporary president).
• Dr. Rajendra Prasad elected President of Constituent Assembly on December 11, 1946; became first President of India in 1950.
• Objective Resolution moved by Jawaharlal Nehru on December 13, 1946; adopted January 22, 1947; laid foundation for Preamble.
• Drafting Committee established on August 29, 1947; chaired by Dr. B.R. Ambedkar; included N. Gopalaswami Ayyangar, Alladi Krishnaswamy Iyer, K.M. Munshi, Syed Mohammad Saadullah, T.T. Krishnamachari, and D.P. Khaitan (replaced by B.L. Mitter, then Madhav Rao).
• B.N. Rau appointed Constitutional Advisor to Constituent Assembly in 1946; prepared initial draft constitution based on comparative study of 60 constitutions.
• Constitution adopted on November 26, 1949; came into force on January 26, 1950 (chosen to mark 1930 Purna Swaraj Declaration).
• 284 members signed the Constitution on January 24, 1950; two separate copies (Hindi and English) signed.
• Constitution originally had 395 Articles, 8 Schedules, and 22 Parts; now has 470+ Articles, 12 Schedules, 25 Parts (after amendments).
• Indian Constitution is written, rigid and flexible (Article 368), federal with unitary bias, and parliamentary in form.
• Preamble declares India as Sovereign, Socialist, Secular, Democratic Republic; added "Socialist" and "Secular" via 42nd Amendment (1976).
• Preamble is part of the Constitution (Kesavananda Bharati case, 1973) but not enforceable in court (Berubari case, 1960).
• Fundamental Rights (Part III) inspired by US Constitution; include Articles 12–35; enforceable against state (Article 12).
• Directive Principles of State Policy (Part IV) inspired by Irish Constitution; non-justiciable but fundamental in governance (Article 37).
• Fundamental Duties added by 42nd Amendment (1976) based on USSR Constitution; Article 51A (originally 10, now 11 duties).
• Emergency Provisions (Part XVIII): Article 352 (National Emergency), Article 356 (President’s Rule), Article 360 (Financial Emergency).
• President’s Rule (Article 356) can be imposed on report of Governor or otherwise; subject to judicial review (S.R. Bommai case, 1994).
• Judiciary independent; Supreme Court established under Article 124; original, appellate, and advisory jurisdiction.
• Supreme Court has power of judicial review (Articles 13, 32, 136, 143, 226); can strike down unconstitutional laws.
• Article 368: only Parliament can amend Constitution; requires special majority (2/3rd of members present and voting, and majority of total strength).
• Basic structure doctrine established in Kesavananda Bharati v. State of Kerala (1973); limits Parliament’s amending power.
• 1st Amendment (1951) added 9th Schedule to protect land reform laws from judicial review; later curtailed by basic structure doctrine.
• Concurrent List (List III, Seventh Schedule) has 52 subjects (originally 47); both Centre and States can legislate, but Centre prevails in conflict (Article 254).
• Constitution draws from Government of India Act, 1935: federal structure, office of Governor, Public Service Commissions, emergency powers.

Difficulty Level

Intermediate – requires understanding of chronology, interlinkages between provisions, and landmark judicial interpretations; often tested in both prelims and mains.

Common UPSC Traps (3–5 factual traps)

Trap: The Constituent Assembly was directly elected by the people of India.
Fact: Members were elected by provincial legislative assemblies, not by direct adult suffrage (Cabinet Mission Plan, 1946).

Trap: The Preamble can be amended under Article 368 without restrictions.
Fact: Preamble is amendable (as in 42nd Amendment) but cannot be altered if it damages the "basic structure" (Kesavananda Bharati case, 1973).

Trap: The Indian Constitution is purely federal like the US Constitution.
Fact: It is federal in structure but unitary in spirit, with strong Centre (e.g., single Constitution, All-India Services, President’s Rule).

Trap: The Drafting Committee was formed before the Objective Resolution was adopted.
Fact: Objective Resolution adopted January 1947; Drafting Committee formed August 1947.

Practice MCQs (5–7 questions)

Question: The idea of including Fundamental Duties in the Indian Constitution was inspired by which country’s constitution?
A) United States
B) United Kingdom
C) Soviet Union
D) Canada
Answer: C
Explanation: Fundamental Duties were added by the 42nd Amendment (1976) based on recommendations of the Swaran Singh Committee, drawing from the USSR Constitution.
Why others fail: US Constitution has no explicit Fundamental Duties; it emphasizes rights over duties.

Question: Which of the following statements about the Constituent Assembly is correct?
A) It was elected on the basis of universal adult suffrage.
B) It functioned as the first Parliament of independent India.
C) It was constituted under the provisions of the Indian Independence Act, 1947.
D) It had equal representation from British India and princely states.
Answer: B
Explanation: After independence, the Constituent Assembly also acted as the Dominion Legislature until the first general elections (1952).
Why others fail: Members were elected by provincial assemblies, not by universal suffrage; princely states had minimal participation.

Question: The 'basic structure doctrine' was propounded by the Supreme Court in which case?
A) Minerva Mills v. Union of India
B) Kesavananda Bharati v. State of Kerala
C) Golaknath v. State of Punjab
D) S.R. Bommai v. Union of India
Answer: B
Explanation: Kesavananda Bharati case (1973) established that Parliament cannot amend the basic structure of the Constitution.
Why others fail: Golaknath (1967) held that Parliament cannot amend Fundamental Rights, but was overruled in Kesavananda.

Question: Which part of the Indian Constitution deals with Directive Principles of State Policy?
A) Part III
B) Part IV
C) Part IVA
D) Part V
Answer: B
Explanation: Part IV (Articles 36–51) contains Directive Principles of State Policy.
Why others fail: Part III is for Fundamental Rights; Part IVA contains Fundamental Duties.

Question: The 42nd Amendment to the Constitution added which of the following to the Preamble?
A) Sovereign and Democratic
B) Socialist and Secular
C) Republic and Federal
D) Justice and Liberty
Answer: B
Explanation: The 42nd Amendment Act, 1976, added the words "Socialist" and "Secular" to the Preamble.
Why others fail: "Sovereign", "Democratic", "Republic" were already present in the original Preamble.

Last?Minute Revision (20–25 one?liners)

• Constituent Assembly first met on December 9, 1946.
• Objective Resolution adopted January 22, 1947.
• Drafting Committee formed August 29, 1947.
• Constitution adopted November 26, 1949 (National Law Day).
• Constitution enforced January 26, 1950.
• 284 members signed Constitution on January 24, 1950.
• B.R. Ambedkar was Chairman of Drafting Committee.
• B.N. Rau was Constitutional Advisor.
• Dr. Rajendra Prasad was President of Constituent Assembly.
• Sachchidananda Sinha was first temporary president.
• Original Constitution had 395 Articles, 8 Schedules, 22 Parts.
• Preamble not enforceable in court (Berubari case, 1960).
• Preamble part of Constitution (Kesavananda Bharati, 1973).
• 42nd Amendment (1976) added "Socialist", "Secular" to Preamble.
• 42nd Amendment added Fundamental Duties (Article 51A).
• 1st Amendment (1951) introduced 9th Schedule.
• Basic structure doctrine: Kesavananda Bharati (1973).
• Judicial review: Articles 13, 32, 226.
• President’s Rule: Article 356; S.R. Bommai case (1994) limits misuse.
• Emergency: Article 352 (National), 360 (Financial).
• Concurrent List: 52 subjects (Seventh Schedule).
• Single Constitution for Centre and States (unlike US).
• Indian Constitution is longest written constitution.
• Source of authority: People of India (Preamble).
• Cabinet Mission Plan: June 1946.