Constitution of India: Historical Background, Fundamental Rights and Key Amendments (2025 Update)

1. Historical Background of the Constitution of India

• The Constitution of India was adopted on 26th November 1949 and came into effect on 26th January 1950.
• It was drafted by the Constituent Assembly, chaired by Dr. B.R. Ambedkar.
• The Government of India Act 1935 served as the foundation for the Constitution.
• The Assembly took 2 years, 11 months, and 18 days to complete the drafting process.
• Key influences: – British Constitution: Parliamentary system, Rule of Law.
• US Constitution: Fundamental Rights, Judicial Review.
• Irish Constitution: Directive Principles of State Policy.

2. Preamble of the Constitution

• The Preamble is the introduction to the Constitution, reflecting its objectives and ideals.
• Key words: Sovereign, Socialist, Secular, Democratic, Republic.
• It was amended by the 42nd Amendment Act 1976 to add the terms Socialist, Secular, and Integrity.
• The Preamble is not enforceable in court but serves as a guiding principle for governance.

3. Fundamental Rights (Article 12-35)

• Fundamental Rights are enshrined in Part III of the Constitution.
• They ensure individual freedoms and protect citizens from state arbitrariness.
• Key Rights: – Right to Equality (Article 14-18): Prohibits discrimination based on religion, race, caste, sex, or place of birth.
• Right to Freedom (Article 19-22): Includes freedom of speech, assembly, and movement.
• Right against Exploitation (Article 23-24): Prohibits human trafficking and forced labor.
• Right to Freedom of Religion (Article 25-28): Ensures secularism and religious freedom.
• Cultural and Educational Rights (Article 29-30): Protects minority interests.
• Right to Constitutional Remedies (Article 32): Allows citizens to approach the Supreme Court for enforcement of rights.

4. Directive Principles of State Policy (Article 36-51)

• Directive Principles are non-justiciable guidelines for the government.
• They aim to establish a welfare state and ensure social and economic justice.
• Key Principles: – Article 38: Promote the welfare of the people.
• Article 39: Equal pay for equal work, distribution of resources.
• Article 40: Organize village panchayats.
• Article 44: Uniform Civil Code.
• Article 48A: Protect and improve the environment.

5. Fundamental Duties (Article 51A)

• Added by the 42nd Amendment Act 1976, Fundamental Duties are moral obligations of citizens.
• Key Duties: – Respect the Constitution, national flag, and national anthem.
• Promote harmony and the spirit of common brotherhood.
• Protect the environment and public property.
• Develop scientific temper and humanism.
• Currently, there are 11 Fundamental Duties.

6. Important Amendments of the Constitution (2025 Update)

• 42nd Amendment Act 1976: Known as the Mini Constitution, it added Fundamental Duties and Directive Principles.
• 44th Amendment Act 1978: Restored judicial independence and removed the right to property as a Fundamental Right.
• 73rd Amendment Act 1992: Introduced Panchayati Raj institutions for rural governance.
• 74th Amendment Act 1992: Established Urban Local Bodies for municipal governance.
• 101st Amendment Act 2016: Introduced the Goods and Services Tax (GST).
• 103rd Amendment Act 2019: Provided 10% reservation for economically weaker sections (EWS).

Frequently Asked Questions (FAQs)

1. What is the significance of the Preamble in the Constitution?

• The Preamble reflects the ideals and objectives of the Constitution, such as justice, liberty, equality, and fraternity. It serves as a guiding light for governance and policymaking.

2. Are Fundamental Rights absolute?

• No, Fundamental Rights are not absolute. They are subject to reasonable restrictions in the interest of public order, morality, and national security.

3. What is the difference between Fundamental Rights and Directive Principles?

• Fundamental Rights are justiciable and enforceable by courts, while Directive Principles are non-justiciable and serve as guidelines for the government.

4. How many Fundamental Duties are there in the Constitution?

• There are 11 Fundamental Duties listed under Article 51A of the Constitution.

5. Which amendment is known as the Mini Constitution?

• The 42nd Amendment Act 1976 is known as the Mini Constitution because it introduced significant changes, including Fundamental Duties and Directive Principles.

6. What is the importance of the 73rd and 74th Amendments?

• The 73rd Amendment introduced Panchayati Raj for rural governance, while the 74th Amendment established Urban Local Bodies for municipal governance. Both aim to decentralize power and promote grassroots democracy.