Indian Constitution | Preamble, Body, Schedules

Indian Constitution is something we should know not

only for TNPSC exams, but beyond the exam point of
view too. We can for sure expect few Polity questions
here, the 12 schedules in particular. The TNPSC Group
1, 2, 4, VAO exams all had atleast few questions in this
section
Indian Constitution consists of 3 parts.
1. Preamble (Mugavurai)
2. Body (395 Articles)
3. Schedules (12)
Indian constitution was written from Dec 9 1946 to Nov
26, 1949 spanning a period of 2 years 11 months 18
days
PREAMBLE (Mugavurai)
Starts with We the People of India Hence,
preamble is the one said to be given by People.
Sidenote: Union of States, not Federation of States.
(Makkal Sernthu uruvanathu than India, Maanilangal
(Thesangal) sernthu uruvanathu alla)
Few Cases to Note:
1960 Berubari Union Case It (Preamble) is not a
part of Constitution
1973 Kesavananda Bharati Case It is a part of
Constitution
Berubari Union Case: An area, part of West Bengal,
between East & West Bengalcalled Kuch Puri a zig
zag like place where people will have homes in India
(WBengal) and their lands in Bangladesh (EBengal).
After Bangladesh emerged as a nation, India gave the
Berubari Union to Bangladesh so that people have one
administration.
As a result, people of WBengal went to court which
confirmed giving away of Berubari union to Bangladesh
made valid through 9
th
amendment.
Kesavananda Bharathi case will be dealt in detail under
Fundamental Rights section
LIC of India case (1995)
1976 In 42
nd
Amendment, 3 words were added to the
Preamble. Socialist, Secular, Integrity
As we have lot of changes done in 42
nd
amendment, it
is also called as a Mini Constitution.
This 42
nd
amendment came into place due to the 1973
Kesavananda Bharathi case which said Preamble is
part of constitution. Hence making any changes
(including those 3 words) to the preamble needed an
amendment. Hence the 42
nd
amendment.
Schedules: (12 in total; previously 8)
Below are what each of the 12 schedules talks about.
Often repeated TNPSC Group 2, Group 4 questions in
Polity are mostly from these sections.
1
st
Schedule: Name & Territorial Jurisdiction of States
& Union Territories.
2
nd
Schedule: Salary, Emoluments & allowances of
Staffs. (Sambalam matrum ithara padigal)
Not everybody comes under 2
nd
schedule. Below are
the list of people applicable under this.
- President of India
- Governor of States
- Speaker & Deputy speakers of Lok Sabha
- Chairman & Vice Chairman of Rajya Sabha
NB: Vice President is the chaiman of Rajya Sabha.
Hence he receives salary only as the Chairman of
RS. Vice President doesnt have a salary. In case of
the Vice President taking role of President on
emergency, he takes salary of President.
Speaker & Deputy speaker of Legislative assemble
(Maanila Sattasabai)
Chariman & Vice Chairman of Legislative council
(Satta Melavai)
Legislative Council is active only in 6 States,
Karnataka, Andhra, Maharasthra, Bihar, UP, J&K.
It was dissolved in Tamilnadu during MGR rule in
1986, and Ma Po Si was the leader of Legislative
Council during that time.
Article 169 Power to Creation & abolotion of
Legislative Council, by bringing a Theermanam in
Legislative assembly.
Legislative council is basically used to employ
some knowledgeable persons to make use of their
service who cannot win the polls and dont have
much people support. (Similar to Rajya sabha in
the centre)
The first CM to be elected through Legislative
council is Rajaji. (Nominated member to LC by
Governor)
- The Judges of Supreme Court
- The Judges of High court
Attorney General (President nominates) / Advocate
General (Governor Nominates) doesnt have fixed
salary. Only based on cases, hence doesnt come
under Schedule 2.
- CAG Comptroller and Auditor General
(Thalamai Thanikkai Adhigaari)

3
rd
Schedule: Oaths & Affirmation (Uruthimozhi &
Pathiyerppu Vaakumoolam or Ragasiya Kaapu
pramanam)
- Union Ministers
- Candidates for election to the Parliament
- Members of Parliament
- Supreme Court Judges
- CAG Comptroller and Auditor General
- State Ministers (NB: Minister of States (Inai
Amaichargla) & State Ministers (Maanila Amaichargal)
are different)
- Candidates for election to State Legislature (State
Legislature = Legislative Assemble & Legislative
Council)
- Members of State Legislature
- Judges of High Court
4
th
Schedule: Allocation of Seats in the Rajya Sabha
(Max allowed Members 250; Currently 245, those 5
reserved for PoK in case it joins India)
12 Nominated seats for people belonging to Cultural,
Social, Scientific, Education. (Sachin Tendulkar was
nominated under Social category)
So, 245 12 = 233. These 233 are selected via
elections. Out of which 4 are from Union Territories and
229 from States.
Total 7 Union Terrritories & only in 2 (Delhi &
Pudhucherry) we have Sattasabai. So those 4 seats of
UT, 3 from Delhi & 1 from Pudhucherry.
From TN, 18 Rajya Sabha members. (Tamilnadu
assembly members 234. And every 2 years, we select
6 people. (1/3
rd
of 18 members) Hence 234 / 6 = 39.
Those having support of 39 MLAs will get one Rajya
Sabha MP)
NB: Nominated MPs are normally not appointed as
Ministers. (However not mentioned in Constitution, but
a practice)
When Rajya Sabha was created in 1952, it was created
with only 1/3
rd
members. And in 1954 the next
1/3
rd
members appointed and in 1956 the final
1/3
rd
were appointed. So there will be election to Rajya
Sabha every 2 years. (6 years tenure of RS members)
Period of Rajya Sabha Members is 6 years. Rajya
sabha members are elected by State MLAs.
5
th
Schedule: Administration of Scheduled and
Scheduled Tribal area other than Assam, Tripura,
Mizoram & Megalaya (Easy to remember: ATM
2
)
6
th
Schedule: Administration of Tribal peoples in
Assam, Tripura, Mizoram & Megalaya
7
th
Schedule: Division of Powers between the Centre &
State. (Mathiya Maanaila arasugalin Adhigaara
pagirvu)
- List 1: Union List (Mathiya Patiyal) > 97 100
Powers (100
th
& recently added: Service Tax added via
88
th
Amendment in 2003)
- List 2: State List (Maaila Patiyal) > 66 to 61
- List 3: Concurrent List (Pothu Pattiyal) -> 47 to 52
In 1976, via 42
nd
Amendment 5 powers of List 2 has
been moved to List 3 Hence the change from 66 to
61 & 47 to 52. (Education, Marriage, Forest, Weight
& Measures and 1 other which are the 5 items
moved to list 3)
8
th
Schedule:
- Talks about 22 recognized Regional languages
- 14 Languages were in the beginning. 15
th
added
was Sindhi Language via 21
st
Amendment in 1967.
- 16
th
, 17
th
& 18
th
languages (Konkani, Manipuri,
Nepali) were added as part of 71
st
amendment in 1992.
NB: Konkani uses English script, spoken in Goa. Naga
too uses English script
- 92
nd
Amendment in 2003 added 4 other
languages Bodo (Assam), Dongri (J&K), Maithili,
Santhali.(spoken by Tribal people of Orissa, Bihar,
Jharkand)
NB: Bhojpuri (spoken in Bihar) is requested to be
added as 23
rd
language.
9th Schedule: (All those amendments (made via Article
368) will be in 9
th
Schedule; Anything in 9
th
schedule
doesnt have a judiciary review (Needhi Maruaaivu)
Ex Reservation, Zamindari act, Land reforms etc
Any amendment to constitution will be done only via
Article 368.
- Created as part of 1
st
Amendment in 1951
- Chempakkam Dorairajan case vs Madras Court
NB: Due to Reservation policy, a Brahmin student from
Chempakkam didnt get a Medical seat. So he filed a
case for which the verdict was that the judges advised
to add Reservation into the constitution as by Article 13
every citizen are equal. (Article 13 Fundamental
Rightsa meerum yethuvum Article 13 padi sellathathu
aagividum)
- By 1973 Kesavananda Bharathi case,
9
th
Schedule cannot be questioned. Later, in 2007 YB
Sabarval Chief Justice has said that the 69%
Reservation in Tamilnadu can be questioned even if it
is under 9
th
amendment.
- 1993 94 by 76
th
Amendment, the 69%
reservation was made possible, but after YB Sabarval
judgement this is also under question.
10th Schedule: (Brought twice. First 10
th
schedule was
repealed)
- 1974 Sikkim was made an Associate State (Inai
Maanilam) by 35
th
Amendment
- The article 2A, 10
th
schedule newly added.
- 1975 36
th
Amendment made to make Sikkim a
Regular State.
- After making it a regular state, 10
th
Schedule and
2A was replealed as it is no more an Associate state
and doesnt need a separate schedule.
The 10
th
Schedule (52
nd
Amendment) was again
brought back in 1985 for Anti Defection law. (Katchi
Thaaval Thadai Sattam) Background: 1984 Indira
Gandhi was assanitated, Rajiv Gandhi an
inexperienced took over. Due to fear of MLSs going to
another partythis was made.
- If an Independent candidate joins any party, he
will lose the seat based on Anti Defection law. (1926
Independent Candidate as Chief Minister of TN
Mr.Subbarayan; MadhuKoda in Jharkhand on 2008, an
Independent candidate as CM)
- Nominated Members If they join a party within 6
months from the date of nomination they are safe, else
they loose their seat too.
- If less than 1/3 in a Party leave together they will
loose their seats. If more than 1/3
rd
leave from a party it
is considered a Split in the party.
11th Schedule: RLB (Rural Local Bodies) Ooraga
Panchayatugal
- Created via 73
rd
Amendment Panchayat Raj Act
- 1952 Community Development program
(Nehrus flagship program) Samudhaya Valarchi
Thittam.
Creation of blocks of 65000 people each. And each
block will have all facilities of a Towship including
hospitals, entertainment etc
- 1953 National Extension Service (Desiya Viruvu
Pani Thittam)
- 1957 Balwanth Rai Mehtha Committee, was
installed to find out the reasons for the failures of
Community Development program.
It suggested 3 tier panchayat (Village Level,
Panchayat Union Level, District Panchayat or Jilla
Parishat)
Suggested formation of Local Leaders
First Election -> 1959 Oct 2, Nagar District of
Rajasthan
- Not every state followed the 3 tier advisory. Ex TN
followed 2 tier only. WB followed 4 tier, Rajasthan, AP
etc followed 3 tier.
- Regular election did not happe either.
Ashok Mehta Committee (2 tier Committee) 1978.
(Janata Party) (Panchayat Union & District Panchayat
2tiers) Even after this the elections did not happen
regularly. So, in 1985 86 Rajiv Gandhi appointed LM
Singhvi committee to find out the reasons. L.M. Singhvi
committee recommended that the Panchayat Raj
elections be added to Constitution. And recommended
the 3 tier model recommended by Balwanth Rai
Mehtha Committee.
73
rd
Amedment 1992 Pachayat Act Made effective
from April 24 1993.
TN made this effective on April 23 1994. (Any act by
Centre should be implemented by State within I 1year.
TN made it effective exactly a day before J)
NB: Cooperative society elections held every 5 years
should be done without fail as it was added to the
constitution via 97
th
Amendment in 2011.
12
th
Schedule:
74
th
Amendment: Nagarpalika Act. (ULB Urban
Local Bodies) Importance to Urban areas namely
Corporation, Municipalities, Town Panchayats.





Salient Features of Indian Constitution
The constitution of India is lengthiest and most detailed compared to any constitutions in
the world.
It originally had 395 Articles divided in to 22 parts and 9 schedules. There are 6 Fundamental
Rights in the constitution. India is a secular state meaning the state does not uphold a particular
religion on its own Articles 25 to 28 gives shape to this secularism.
It provides for single citizenship for the whole of India. There is no citizenship for each state.
The preamble of the constitution states India has a Sovereign, Socialist, Secular and
Democratic Republic.
Sovereign: Country does not dependent on any outside authority.
Socialist: Ownership of the revenues of production and distribution by the state insertion
made through 42nt amendment Act.
Democratic: It has the government which gets its authority from the will of the people.
Republic: Indian democracy is based on adult suffrage, where any person who is 18 years of
age and who is otherwise eligible has a right to vote without any discrimination on gender or
religion.
Drafting Constitution:
The Indian constitution was drawn up by constituent assembly (established in
accordance with the Cabinet Mission Plan) initially summoned on Dec 9 1946, under the
presidentship of Sachithanandha Sinha for undivided India. On 1
st
July, 1947 the British
Parliament passed the Indian Independence Act to divide the country into India and Pakistan.
With partition of India the representative of East Bengal, West Punjab, Sindh and Baluchisthan,
N-W Frontier Provenience and the Sylhet District of Assam, which joined Pakisthan, ceased to
be member of constitution assembly. On August 14 1947, the constituent assembly met again
as the Sovereign Constituent Assembly for the Territory of India under the presidentship of
Schithananda Sinha. On the demise of Schithananda Sinha Dr.Rajendra Prasad became the
president of constituent assembly. A draft constitution was published Feb 1948. 284 out of 299
members affixed their signature to the constitution finally adopted it on 26
th
Nove 1949. It came
into effect on 26
th
Janu 1950.
Drafting Committee:
Chairman: Dr.B.R.Ambedkar. Members: Alladi Krishnaswamy Iyyar, N.Gopalswami Iyangar,
Syed Md.Saadulla, Dr.K.M.Munshi, B.L.Mitter (was replaced by N.Madhava Rao), and
D.P.Khaitan (was replaced by T.T.Krishnamaachari).
The work started with the presentation of the Objective Resolution moved by
Jawaharlal Nehru was adopted on Jan 22 1947. The committee for scrutinizing draft constitution
and suggesting amendments was formed Aug 29 1947. The draft was prepared by Feb 1948.
The constituent asssembly met three times to read the draft Clause by Clause in Nov 1948, Oct
1949 and Nov 1949. After the 3
rd
reading, it was signed by the Indian President and was
adopted on Nov 26 1949. In fact, a Committee on Rules of Procedure was in place as early as
Dec 1946.
The constitution of India closely follows the British-Parliamentary model but differs from
it in 1 aspect that is, the Constitution is supreme, not Parliament. Hence, the Indian courts are
conferred with the authority to adjudicate on the constitutionality of any law enacted by the
Indian Parliament.
The Indian Constitution consists of the following:
1. The Preamble,
2. Parts I to XXII covering articles 1 to 395,
3. Schedules 1 to 12
4. Appendix. Part IX and Schedule XI (Article 243-G) have been incorporated under 73
rd

Constitution Amendment Act 1992.
The Fundamental Rights:
The Right to Equality
Right to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural and Educational Rights
Right to Constitutional Remedies
The Fundamental Duties:
To abide by the Constitution & respect the ideals and Institutions.
To reverence the National Flag and National Anthem.
To realize and follow the vital ideals of secularism, democracy and non-violence.
To preserve the culture and heritage of our nation.
To guard the Sovereignty, Unity and Integrity of our nation.
To safeguard the public property.
To protect the country even at the cost of our life.
To protect natural resources.
To strictly avoid dowry, Gambling and other social evils.
To endeavor towards excellence in the respective spheres of activities of the individuals.