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Polity, Governance and Current Affairs

Key Points at a Glance

Constitution: Constituent Assembly, Fundamental Rights, DPSP, Fundamental Duties

Paper III · Unit 1 Section 1 of 11 0 PYQs 31 min
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Key Points at a Glance

  1. Constituent Assembly — Formation and Adoption

    • Constituted in December 1946 under the Cabinet Mission Plan (1946)
    • Initially had 389 members; reduced to 299 after Partition
    • B.R. Ambedkar chaired the Drafting Committee
    • Constitution adopted on 26 November 1949; came into force on 26 January 1950

  2. Part III — Six Fundamental Rights

    • Part III (Articles 12–35) guarantees six Fundamental Rights (originally seven)
    • The Right to Property (Article 31) was removed by the 44th Amendment 1978
    • It was converted to a legal right under Article 300A

  3. Right to Equality — Articles 14 to 18

    • Article 14 (equality before law), Article 15 (prohibition of discrimination)
    • Article 16 (equal opportunity), Article 17 (abolition of untouchability)
    • Article 18 (abolition of titles)
    • Together form the cornerstone of the Constitution's anti-discrimination framework

  4. Article 19 and Article 21 — Freedom and Life

    • Article 19 guarantees six freedoms (speech, assembly, association, movement, residence, profession)
    • Article 21 (right to life and personal liberty) judicially expanded by the Supreme Court
    • Expanded to include right to privacy (K.S. Puttaswamy, 2017), right to livelihood, right to clean environment

  5. Article 32 — Heart and Soul of the Constitution

    • Dr. Ambedkar called Article 32 the "heart and soul of the Constitution"
    • Grants right to move the Supreme Court for enforcement of fundamental rights
    • Counterpart for High Courts is Article 226
    • Five writs: Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto

  6. Part IV — Directive Principles of State Policy

    • Part IV (Articles 36–51) contains the DPSP — non-justiciable guidelines for the state
    • Dr. Ambedkar called them the "novel feature" of the Constitution
    • Classified into Socialistic, Gandhian, and Liberal-Intellectual categories

  7. Key Socialistic DPSPs

    • Article 38: social and economic justice
    • Article 39: adequate livelihood, equal pay, child protection
    • Article 41: right to work, education, public assistance; Article 43: living wage
    • Article 45: early childhood care for children below 6 years (post-86th Amendment 2002)
    • 6–14 education obligation elevated to justiciable FR via Article 21A by same amendment

  8. Key Gandhian DPSPs

    • Article 40: organisation of village panchayats
    • Article 43: cottage industries
    • Article 46: promotion of educational and economic interests of SC/ST
    • Article 47: prohibition of intoxicating drinks
    • Article 48: cattle preservation

  9. Key Liberal-Intellectual DPSPs

    • Article 44: Uniform Civil Code
    • Article 45: early childhood care
    • Article 48A: protection of environment and wildlife (added by 42nd Amendment 1976)
    • Article 49: protection of monuments
    • Article 51: international peace and security

  10. Fundamental Duties — Article 51A

    • Added by the 42nd Amendment 1976 (based on Swaran Singh Committee recommendations)
    • Inserted under Article 51A — originally 10 duties
    • 86th Amendment 2002 added the 11th duty: to provide education to child aged 6–14

  11. Kesavananda and Minerva Mills — Landmark Rulings

    • Kesavananda Bharati (1973): Parliament cannot abrogate Fundamental Rights completely
    • Minerva Mills (1980): harmony between Fundamental Rights and DPSPs must be maintained
    • Neither can completely override the other

  12. DPSP–Fundamental Rights Conflict — Progressive Resolution

    • 25th Amendment (1971): gave primacy to Article 39(b) and (c) DPSPs
    • 42nd Amendment (1976): made DPSPs override Articles 14, 19
    • Minerva Mills (1980): struck down this override — current position is harmonious construction

  13. The Preamble — Amendments and Status

    • Adopted 26 November 1949; declares India a Sovereign, Democratic, Republic
    • Words "Socialist" and "Secular" inserted by the 42nd Amendment 1976
    • Berubari Union (1960): Preamble is not part of the Constitution
    • Kesavananda Bharati (1973): overruled this — Preamble IS part of the Constitution

  14. Article 13 — Lynchpin of Fundamental Rights

    • Pre-constitutional laws inconsistent with Part III are void to the extent of inconsistency (Article 13(1))
    • The state shall not make any law that takes away or abridges Fundamental Rights (Article 13(2))
    • Violation renders such laws void — this is the foundation of judicial review