Polity · topic 1 of 11
Making of the Constitution, Preamble & Citizenship
UPSC asks this chapter in three ways: dates and people of the Constituent Assembly, the exact words of the Preamble (and what was added in 1976), and how citizenship is gained and lost. Learn the table, then the traps.
Road to the Constitution
| Year | Step | What to remember |
|---|---|---|
| 1773 | Regulating Act | First step to control the Company; Governor of Bengal becomes Governor-General of Bengal |
| 1833 | Charter Act | Governor-General of India (Bentinck); centralisation completed |
| 1858 | Government of India Act | Crown takes over; Secretary of State for India |
| 1909 | Morley–Minto reforms | Separate electorates for Muslims |
| 1919 | Montagu–Chelmsford | Dyarchy in provinces; bicameral Centre |
| 1935 | Government of India Act | Federation (never came), provincial autonomy, dyarchy at the Centre; the biggest source of our Constitution |
| 1946 | Cabinet Mission | Plan for the Constituent Assembly: indirectly elected by provincial assemblies |
| 1947 | Indian Independence Act | Assembly becomes a sovereign body and also the Dominion legislature |
The Constituent Assembly
| Fact | Detail |
|---|---|
| First sitting | 9 December 1946 — Dr Sachchidananda Sinha, oldest member, provisional President |
| President | Dr Rajendra Prasad (elected 11 Dec 1946); Vice-President H.C. Mukherjee |
| Objectives Resolution | Moved by Nehru on 13 Dec 1946, adopted 22 Jan 1947 — became the Preamble |
| Drafting Committee | Set up 29 Aug 1947, chaired by Dr B.R. Ambedkar (7 members) |
| Constitutional Adviser | Sir B.N. Rau |
| Adopted | 26 November 1949 (Constitution Day); some provisions in force that day (Art. 394) |
| Commenced | 26 January 1950 — the date of Purna Swaraj (1930) |
| Time taken | 2 years, 11 months, 18 days; 11 sessions |
| Symbol / flag | National flag adopted 22 July 1947; anthem and song adopted 24 January 1950 |
Borrowed features (sources)
| Source | Features taken |
|---|---|
| Government of India Act 1935 | Federal scheme, Governor’s office, judiciary, Public Service Commissions, emergency provisions, administrative details |
| Britain | Parliamentary government, rule of law, single citizenship, Cabinet system, prerogative writs, bicameralism |
| USA | Fundamental Rights, judicial review, independence of judiciary, removal of judges, Vice-President, impeachment of the President |
| Ireland | Directive Principles, nomination to Rajya Sabha, method of electing the President |
| Canada | Federation with a strong Centre, residuary powers with the Centre, Centre appoints Governors, advisory jurisdiction of the SC |
| Australia | Concurrent List, freedom of trade and commerce, joint sitting |
| Germany (Weimar) | Suspension of Fundamental Rights during Emergency |
| USSR | Fundamental Duties, ideal of justice (social, economic, political) in the Preamble |
| France | Republic; liberty, equality, fraternity |
| South Africa | Amendment procedure, election of Rajya Sabha members |
| Japan | “Procedure established by law” |
The Preamble, word by word
| Word / phrase | Meaning for the exam |
|---|---|
| We, the people of India | Source of authority = the people |
| Sovereign | Free inside and outside; Commonwealth membership does not affect it |
| Socialist | Added 1976 (42nd). Democratic socialism — a mixed economy, not state ownership of everything |
| Secular | Added 1976 (42nd). Equal respect for all religions (positive secularism) |
| Democratic | Political + social + economic democracy |
| Republic | Elected head of State; no hereditary office |
| Justice | Social, economic, political |
| Liberty | Of thought, expression, belief, faith and worship |
| Equality | Of status and of opportunity |
| Fraternity | Dignity of the individual and the unity and integrity (added 1976) of the Nation |
The Preamble in court
- Berubari (1960): the Preamble is not part of the Constitution.
- Kesavananda Bharati (1973): it is part of the Constitution and can be amended — but not its basic features.
- LIC of India (1995): again, an integral part of the Constitution.
- It is neither a source of power for the legislature nor a limit on it, and it is not justiciable.
- Amended only once: 42nd Amendment, 1976 (Socialist, Secular, Integrity).
Citizenship (Articles 5–11 + Citizenship Act 1955)
| Way | How |
|---|---|
| By birth | Born in India: before 1 July 1987 = citizen; 1987–2004 = one parent a citizen; after 3 Dec 2004 = both parents citizens, or one citizen and the other not an illegal migrant |
| By descent | Born abroad to an Indian parent; registration at an Indian consulate |
| By registration | Persons of Indian origin, spouses of citizens, etc. |
| By naturalisation | Foreigner resident for the required period (12 years; 5 years for some groups from Afghanistan, Bangladesh, Pakistan under the 2019 amendment) |
| Incorporation of territory | E.g. Goa, Puducherry, Sikkim |
| LOSS — Renunciation | Voluntary declaration |
| LOSS — Termination | Automatically on taking another country’s citizenship |
| LOSS — Deprivation | By Government order, for naturalised/registered citizens (fraud, disloyalty, etc.) |
Traps UPSC sets
| The wrong idea | What is actually true |
|---|---|
| “India became a Sovereign Socialist Secular Democratic Republic on 26 Jan 1950” | In 1950 it was a Sovereign Democratic Republic. Socialist and Secular came in 1976. |
| “Economic liberty” is in the Preamble | Economic is under JUSTICE. Liberty = thought, expression, belief, faith, worship. |
| Ambedkar was President of the Constituent Assembly | Rajendra Prasad was President; Ambedkar chaired the Drafting Committee. |
| Only a citizen by birth can be President | Any citizen can (Art. 58). The US rule is different. |
| India allows dual citizenship | No. OCI is a form of registration, not citizenship. |
| The Preamble cannot be amended | It can (Kesavananda), and was in 1976 — basic features cannot be destroyed. |
For Mains
GS 2 uses this chapter for questions on the Preamble as the Constitution’s identity card, the meaning of secularism in India vs the West, and citizenship debates (CAA 2019, NRC). Keep one line for each: Preamble = “the key to the minds of the makers”; Indian secularism = principled distance, not a wall.
Real PYQs on this topic, solved
UPSC 2026 · Newest PYQ · the last Articles
Consider the following statements with reference to the Constitution of India:
- There is no Article in the Constitution of India that specifies that the Constitution of India will be officially called the ‘Constitution of India’. — ✗
- There is no Article in the Constitution of India that specifies that the Indian Independence Act, 1947 and the Government of India Act, 1935 stand repealed. — ✗
- There is no Article in the Constitution of India that mentions 26th January, 1950 as the date of the commencement of the Constitution of India. — ✗
Answer (b): There is no correct statement.
Remember: Part XXII: 393 = short title · 394 = commencement (26 Jan 1950; some parts 26 Nov 1949) · 395 = repeals GoI Act 1935 + Indian Independence Act 1947.
UPSC 2021 · Preamble · 1950 vs 1976
What was the exact constitutional status of India on 26th January, 1950?
Answer (b): A Sovereign Democratic Republic
Remember: Preamble amended ONCE — 42nd (1976): + Socialist + Secular + Integrity. On 26 Jan 1950: Sovereign Democratic Republic.
UPSC 2017 · Preamble · the five liberties
Which one of the following objectives is not embodied in the Preamble to the Constitution of India?
Answer (b): Economic liberty
Remember: Justice = S-E-P · Liberty = T-E-B-F-W (thought, expression, belief, faith, worship) · Equality = status + opportunity.
UPSC 2021 · Citizenship
With reference to India, consider the following statements:
- There is only one citizenship and one domicile. — ✓
- A citizen by birth only can become the Head of State. — ✗
- A foreigner once granted citizenship cannot be deprived of it under any circumstances. — ✗
Answer (a): 1 only
Remember: Lose citizenship: Renunciation (voluntary) · Termination (takes another country’s) · Deprivation (by government order, for naturalised/registered citizens).
UPSC 2024 · Constituent Assembly
Who was the Provisional President of the Constituent Assembly before Dr. Rajendra Prasad took over?
Answer (d): Dr. Sachchidananda Sinha
Remember: Provisional President = Sachchidananda Sinha · President = Rajendra Prasad · Drafting Committee = Ambedkar · Constitutional Adviser = B.N. Rau.