26 November 2023

• Polity: 26 November 2023 marked the 74th Constitution Day (Samvidhan Divas), commemorating the adoption of the Constitution of India by the Constituent Assembly on 26 November 1949.
• Polity: President Droupadi Murmu and PM Narendra Modi addressed a joint session of both Houses of Parliament in the new Parliament building, inaugurated in May 2023.
• Polity: Constitution Day has been officially observed since 2015 when the government notified the date in honour of Dr B.R. Ambedkar's role as the principal drafter.
• Governance: The 75-year journey of the Constitution marked milestones including 106 amendments, the addition of fundamental duties via the 42nd Amendment, and the incorporation of the Preamble's word "socialist" and "secular."
• Society: Constitution Day is observed with readings of the Preamble in schools, colleges and government offices across India.

GS area: Polity (Constitutional History, Fundamental Documents)

The Constitution of India was adopted by the Constituent Assembly on 26 November 1949 and came into force on 26 January 1950. The 26th November date commemorates adoption, not enforcement.

• Constituent Assembly: constituted in 1946 under the Cabinet Mission Plan. First meeting: 9 December 1946. President: Dr Rajendra Prasad. Drafting Committee Chairman: Dr B.R. Ambedkar.
• Timeline: the Constituent Assembly took 2 years, 11 months and 17 days to draft the Constitution. It held 11 sessions and 166 days of debate. Total 308 members.
• Original text: 395 articles, 8 schedules. Current text: 448 articles (after renumbering by 43rd and 44th Amendments), 12 schedules.
• Sources: adopted provisions from the Government of India Act 1935 (federal scheme, Governor-General, Public Service Commissions), the USA (fundamental rights, judicial review, written constitution), UK (parliamentary form, single citizenship, rule of law), Ireland (Directive Principles, nominated members in Rajya Sabha), Canada (residuary powers with Centre, Supreme Court advisory jurisdiction), Australia (concurrent list, freedom of trade and commerce), Germany (emergency provisions), USSR (fundamental duties, 5-year plans).
• Constitution Day notification: the government notified 26 November as Constitution Day in 2015, the 125th birth anniversary year of Dr Ambedkar.

Static linkage: Polity (Constitutional History, Constituent Assembly).

GS area: Polity (Governance, Constitutional Institutions)

The Constitution Day 2023 joint session was held in the new Parliament building, inaugurated by PM Modi on 28 May 2023. The President was not present at the inauguration, raising constitutional questions about the roles of the President, the Speaker, and the executive.

• New Parliament building: designed by architect Bimal Patel of HCP Design. Triangular in shape. Covers 64,500 square metres. Lok Sabha capacity: 888 seats. Rajya Sabha capacity: 300 seats. The combined hall can seat 1,272 members for joint sessions.
• Old Parliament building (now Samvidhan Sadan): constructed during the colonial era in 1921-1927. Circular design by Herbert Baker and Edwin Lutyens.
• Constitutional position of the President: Article 79 vests Parliament in the President, Lok Sabha and Rajya Sabha. The President summons sessions (Article 85), addresses Parliament (Article 86) and gives assent to Bills (Article 111).
• Central Vista Project: the new Parliament building is part of the larger Central Vista redevelopment project, covering the 3-km ceremonial boulevard from Rashtrapati Bhavan to India Gate.

Static linkage: Polity (Parliament, Constitutional Institutions).

GS area: Polity (Constitutional Law, Preamble)

The Preamble to the Constitution of India has been amended once, by the 42nd Amendment Act 1976, which added the words "socialist," "secular" and "integrity" to the original text.

• Original Preamble (1949): "We, the People of India, having solemnly resolved to constitute India into a Sovereign Democratic Republic and to secure to all its citizens: Justice... Liberty... Equality... and to promote among them all Fraternity..."
• Amended Preamble (1976): added "Socialist," "Secular" and "Integrity." Changed "Sovereign Democratic Republic" to "Sovereign, Socialist, Secular Democratic Republic" and "promote among them all Fraternity" to "promote among them all Fraternity assuring the dignity of the individual and the unity and integrity of the Nation."
• Judicial interpretation: Kesavananda Bharati v State of Kerala (1973) held that the Preamble is part of the Constitution. Berubari Union case (1960) held it is not. Kesavananda Bharati is the current position.
• Basic structure and the Preamble: the values in the Preamble (democracy, republic, sovereignty, federalism) are considered part of the Basic Structure doctrine and cannot be amended under Article 368 to the point of altering the Constitution's fundamental character.

Static linkage: Polity (Constitutional Law, Basic Structure Doctrine).

GS area: Polity (Fundamental Duties, Constitutional Law)

Constitution Day is an occasion to revisit the Fundamental Duties added to the Constitution in 1976 and 2002.

• Origin: The original Constitution (1949) had no Fundamental Duties. The 42nd Amendment 1976 inserted Article 51A with 10 Fundamental Duties (based on the Swaran Singh Committee recommendations). The 86th Amendment 2002 added the 11th duty: to provide opportunities for education to children between 6 and 14 years.
• Nature: non-justiciable. Cannot be enforced by a court. However, they can be considered in determining the constitutionality of a law.
• Swaran Singh Committee (1976): recommended inclusion of Fundamental Duties on the model of the then-Soviet Constitution. Recommended 8 duties; the 42nd Amendment adopted 10.
• UPSC relevance: statement-based questions often test whether Fundamental Duties are justiciable (they are not) or whether they were part of the original Constitution (they were not).

Static linkage: Polity (Fundamental Duties, Constitutional Amendments).

GS area: Polity (Constitutional Amendments, Article 368)

As of November 2023, the Constitution of India has been amended 106 times. The most recent was the 106th Amendment (2023), which restored the OBC sub-quota for women in the Rajya Sabha and Legislative Councils.

• Article 368: the amendment procedure. Three types: by simple majority (some provisions), by special majority of Parliament (two-thirds of members present and voting), and by special majority plus ratification by at least half the state legislatures.
• Most significant amendments: 1st (1951, property rights and free speech curtailment), 7th (1956, States Reorganisation), 42nd (1976, "mini-Constitution," Fundamental Duties, Directive Principles over Fundamental Rights, Emergency powers), 44th (1978, undid Emergency excesses), 73rd and 74th (1992, Panchayati Raj and Urban local bodies), 86th (2002, Right to Education), 101st (2016, GST), 103rd (2019, EWS reservation).
• Amendment not possible: anything touching the Basic Structure (Kesavananda Bharati 1973). The Supreme Court can strike down amendments that violate the Basic Structure.

Static linkage: Polity (Constitutional Amendments, Article 368).

• UPSC article-based facts for Constitution Day: Article 1 calls India a "Union of States" (not federation); Article 3 allows Parliament to create new states; Article 13 makes laws inconsistent with Fundamental Rights void; Article 32 (Ambedkar called it the "heart and soul" of the Constitution) gives the right to move the Supreme Court to enforce Fundamental Rights; Article 370 (special status to J&K) was abrogated under the 2019 J&K Reorganisation Act with presidential order under Article 370(3).
• Samvidhan Diwas 2023 national events: competitions on the Constitution were held across schools. The Ministry of Law organised readings of the Preamble in all government offices nationwide. A commemorative coin was released.