Study Notes – Constitution
(For IBPS PO – General Awareness & Current Affairs)
1. Simple Explanation
A constitution is the supreme law of a country.
It sets out the structure of the government, the distribution of powers, the duties of the state, and the fundamental rights and duties of citizens.
It is supreme because no law or act can contradict it; it is the foundation on which the entire legal and political system rests.
2. Key Points
| # | Topic | Important Facts |
|---|---|---|
| 1 | Definition | The written text that lays down the framework of the state (government, powers, duties, rights). |
| 2 | Types | • Written vs. Unwritten • Codified (single text) vs Uncodified (separate laws) • Constitutional Regimes – Parliamentary, Presidential, Semi‑Presidential, Federal, Unitary |
| 3 | Features of the Indian Constitution | • Supremacy – All laws must conform to it. • Federalism – Division of powers between Centre & States. • Parliamentary System – Executive is accountable to Legislature. • Separation of Powers – Legislature, Executive, Judiciary. • Judicial Review – Courts can invalidate laws contrary to the Constitution. • Amendment Procedure – Flexibility for change. |
| 4 | Amendment Process | Article 368 – Requires (i) a 2/3 majority in both Houses and (ii) ratification by at least half of the State Legislatures for certain matters (e.g., federal structure, fundamental rights). |
| 5 | Constitutional Amendments (Key Examples) | • 42nd Amendment (1976) – “Emergency” powers strengthened. • 44th Amendment (1978) – Restored basic structure doctrine, strengthened Parliament. • 73rd & 74th Amendments (1992) – Panchayats & Municipalities (local self‑governance). |
| 5 | Fundamental Principles | • Rule of Law – No one above law. • Equality & Non‑Discrimination. • Secularism – Equal treatment of all religions. • Social Justice – Welfare provisions. |
| 6 | Other Important Documents | • Constitution Act, 1972 – Acts governing amendment & interpretation. • Basic Structure Doctrine – Supreme Court’s judgment (Kesavananda Bharati case, 1973). |
| 7 | Global Context | • USA: Unwritten (common law) with a written Constitution. • UK: Unwritten constitution (statutes, conventions). • Germany: Written, federal, parliamentary. |
3. Worked Example – Amendment of the Indian Constitution (44th Amendment, 1978)
- Issue – The 42nd Amendment had expanded Parliament’s powers and weakened the judiciary.
- Goal – Strengthen Parliament, protect fundamental rights, re‑assert basic structure.
- Process
- Parliamentary Stage:
- Bill introduced in Lok Sabha.
- Passed by 2/3 majority in both Houses (Lok Sabha & Rajya Sabha).
- State Ratification:
- Bill sent to all 22 State Legislatures (India had 22 states at that time).
- Needed ratification by at least 12 states.
- Presidential Assent – Received on 29th Dec 1978.
- Parliamentary Stage:
- Key Provisions Added
- Article 13(3) – “Any law that is inconsistent with the Basic Structure” is void.
- Article 368 – Clarified amendment procedure and added “basic structure” as an unamendable feature.
- Restored Parliament’s power to amend the Constitution by ordinary legislation.
Result – The 44th Amendment struck a balance between flexibility and protection of essential features.
4. Quick Revision Summary
| Concept | Recall Point | Quick Question |
|---|---|---|
| Constitution | Supreme law, foundation | What is the supreme law of the land? |
| Types | Written vs Unwritten | Give an example of an unwritten constitution. |
| Indian Constitution | 14 Features | What is the “Basic Structure” doctrine? |
| Amendment | Article 368 | How many states must ratify a constitutional amendment? |
| 44th Amendment | Restored Parliament, basic structure | What did the 44th Amendment do? |
| Separation of Powers | Legislature, Executive, Judiciary | Which branch controls the judiciary? |
| Judicial Review | Courts invalidate unconstitutional laws | Who can invalidate a law that violates the Constitution? |
| Fundamental Rights | Equality, Freedom, etc. | Name one fundamental right guaranteed by the Constitution. |
Final Tip
- Flashcards – Create a card for each feature, amendment, and type.
- Quiz Yourself – Ask “What would happen if the Constitution is not supreme?” or “Why is the Basic Structure doctrine important?”
- Current Affairs Link – Keep an eye on any amendments or Supreme Court judgments that may alter constitutional provisions; they often feature in the exam paper.
Good luck with your IBPS PO preparation!