Unit I — Constitution, Salient Features, Preamble & Citizenship

“We the People of India… do hereby adopt, enact and give to ourselves this Constitution.” — Preamble

What is a Constitution? Constitutionalism

In 1215, English barons forced King John to seal the Magna Carta — the first time a ruler accepted that he too was under the law. That idea, that power must be limited and answerable, is the seed of every modern constitution.

A Constitution is the fundamental, supreme law that establishes the organs of government, distributes powers among them, and guarantees citizens’ rights; any ordinary law inconsistent with it is void (Cooley).

Constitutionalism is the further idea of limited government — that power must be not merely defined but restrained, so authority never becomes arbitrary. A State may have a constitution without constitutionalism (a dictatorship with a sham document). Its hallmarks: rule of law, separation of powers, judicial review, and protected fundamental rights.

Salient Features — Federal with a Unitary Bias

Finished on 26 November 1949, India’s is the longest written constitution in the world. Its defining features:

flowchart TD
    A["Salient Features"]:::root
    A --> B["Lengthiest written<br/>constitution"]:::leaf
    A --> C["Sovereign Socialist Secular<br/>Democratic Republic"]:::leaf
    A --> D["Parliamentary government;<br/>independent judiciary +<br/>judicial review"]:::leaf
    A --> E["Federal structure with<br/>a strong unitary bias"]:::leaf
    A --> F["Fundamental Rights (III),<br/>DPSP (IV), Duties (IVA)"]:::leaf
    A --> G["Single citizenship;<br/>universal adult franchise"]:::leaf

    classDef root fill:#FFF8DC,stroke:#333,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

The most-tested theme is the federalism debate. India is “quasi-federal” (K.C. Wheare): it has the federal marks — a written constitution, a division of powers (Seventh Schedule), an independent judiciary — but a strong unitary tilt (single citizenship, a single integrated judiciary, the Centre’s power to reorganise States, and overriding emergency powers). As Ambedkar put it, the Constitution is “both unitary as well as federal according to the requirements of time and circumstances.”

Cases: State of West Bengal v. Union of India (1963) — India is not a “true” federation; the Centre is supreme in key respects. S.R. Bommai v. Union of India (1994) — federalism is part of the basic structure, but President’s Rule survives subject to judicial review.

The Preamble

The Preamble is the soul of the Constitution — it declares who gave it (“We the People”), what kind of nation India is, and what values it serves. It declares India a Sovereign, Socialist, Secular, Democratic Republic (“Socialist” and “Secular” added by the 42nd Amendment, 1976) and secures Justice, Liberty, Equality and Fraternity.

Is it part of the Constitution? Can it be amended? In re Berubari Union (1960) held the Preamble was not part of the Constitution — later overruled by Kesavananda Bharati v. State of Kerala (1973), which held it is part of the Constitution and can be amended under Art. 368, but not so as to destroy its basic features. S.R. Bommai (1994) confirmed secularism in the Preamble is part of the basic structure.

Citizenship (Articles 5–11)

The Constitution defines who were citizens at its commencement (Arts. 5–8) and leaves the rest to Parliament (Art. 11), which enacted the Citizenship Act, 1955. India has single citizenship — no separate State citizenship. Citizenship is acquired by birth, descent, registration, naturalisation, or incorporation of territory, and lost by renunciation, termination or deprivation — all under the 1955 Act, not by mere residence.

✏️ Sample Solved Problem (IRAC Method)

Problem: A foreign national who has lived in India for many years claims he is automatically an Indian citizen by domicile / long residence, without any formal grant. Is he right?

I — Issue

Whether long residence or domicile in India, by itself, confers Indian citizenship without any acquisition under the Citizenship Act.

R — Rule

• Articles 5–11 fix citizenship at the commencement of the Constitution and leave future citizenship to Parliament (Art. 11).
• Under the Citizenship Act, 1955, citizenship is acquired only by birth, descent, registration, naturalisation, or incorporation of territory — and naturalisation itself requires a formal application and an order, after satisfying residence and other conditions.

A — Analysis

Residence is a qualifying condition for naturalisation, not a mode of acquisition on its own. The decoy is the long stay — a foreigner does not become a citizen merely by living here, however long; he must apply and be granted citizenship by the prescribed process. Until then he remains a foreigner governed by the Foreigners Act.

C — Conclusion

He is not right. Long residence or domicile does not confer automatic citizenship; he must acquire it formally (typically by naturalisation) under the Citizenship Act, 1955.

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