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➔ Core Principle/Rule: The Preamble is the "identity card" of the Constitution, reflecting its philosophical soul. However, the Parliament's power to amend the Constitution (Article 368) is not absolute — it cannot destroy the document's fundamental architecture.
➔ Deep-Dive Facts:
- The 42nd Amendment (1976): The Preamble has been amended only once in history. It added three specific words: Socialist, Secular, and Integrity.
- Is it part of the Constitution?: Yes. In the landmark Kesavananda Bharati case (1973), the Supreme Court overruled earlier judgments and declared that the Preamble is a part of the Constitution and can be amended, provided the "Basic Structure" is not altered.
- Enforceability: The Preamble is non-justiciable. You cannot take the government to court solely to enforce a promise made in the Preamble.
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UPSC Trap / Watch Out: A PYQ will ask: "Which of the following ideals in the Preamble cannot be amended by a 2/3rd majority in Parliament?" Distractor options will focus on voting mechanics. The strict constitutional answer relies on the Basic Structure Doctrine; core features like Secularism, Democracy, and Judicial Review are completely immune to parliamentary amendment under Article 368.
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➔ Core Principle/Rule: Enshrined in Part III, Fundamental Rights (FRs) are the Magna Carta of India. They act as negative injunctions on the State (preventing the government from acting tyrannically). They are justiciable (enforceable in court via writs under Article 32).
➔ Deep-Dive Facts:
- Article 12 (Definition of 'State'): FRs protect citizens against the "State." UPSC tests this definition heavily. The "State" includes not just the government and parliament, but also all statutory and non-statutory bodies that are substantially funded or controlled by the government (e.g., LIC, ONGC, CBSE, KVS).
- Citizens vs. Aliens:
- Available to everyone (citizens & foreigners):
Art 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28.
- Available strictly to Citizens only:
Art 15, 16, 19, 29, 30.
- * Memorize this numeric sequence: 15, 16, 19, 29, 30.
- Reasonable Restrictions: FRs are not absolute. For example, Article 19 (Freedom of Speech) can be restricted on grounds of sovereignty, security, public order, decency, or contempt of court.
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UPSC Trap / Watch Out: The Commission's favorite trap involves the suspension of FRs during a National Emergency (Article 352). A distractor option will claim that "The President has the power to suspend all Fundamental Rights during a war." This is legally false. Under the 44th Amendment Act, Articles 20 (Protection in respect of conviction for offenses) and 21 (Right to Life and Personal Liberty) are indestructible and can never be suspended, even during a full-scale National Emergency.
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➔ Core Principle/Rule: Found in Part IV (Articles 36-51), DPSPs are positive obligations on the State. They are guidelines for the government to frame laws aimed at establishing social and economic democracy.
➔ Deep-Dive Facts:
- Non-Justiciable: Unlike FRs, DPSPs are legally non-enforceable. If the government fails to implement a DPSP, no court can issue a writ forcing them to do so.
- The Clash with FRs (Minerva Mills 1980): Historically, Parliament tried to make DPSPs supreme over FRs. The Supreme Court settled this in the Minerva Mills case, ruling that the Indian Constitution is founded on the "bedrock of balance" between Part III (FRs) and Part IV (DPSPs). Giving absolute primacy to one over the other destroys the basic structure.
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UPSC Trap / Watch Out: A situational PYQ presents a male and a female teacher in a private, unaided school doing the exact same job, but the female teacher is paid 30% less. She files a writ petition in the High Court citing a violation of Article 39(d) ("Equal pay for equal work"). The Commission asks for the legal outcome. The strict legal answer is that the writ will be dismissed. Article 39(d) is a DPSP; it is a directive for state policy, not a legally enforceable Fundamental Right against a private entity.
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➔ Core Principle/Rule: The Constitution is a living document, but five specific amendments structurally altered the Republic's administrative and legal framework.
➔ Deep-Dive Facts:
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42nd Amendment (1976) - "The Mini Constitution": Enacted during the Emergency. It added Fundamental Duties (Art 51A), added three words to the Preamble, and moved Education from the State list to the Concurrent list. It attempted to strip the courts of judicial review.
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44th Amendment (1978) - "The Correction": Enacted by the Janata government to undo the 42nd. It restored judicial review, made National Emergencies harder to declare (changing "internal disturbance" to "armed rebellion"), and protected Articles 20 and 21.
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The Property Shift (44th): It completely removed the "Right to Property" (Article 31) from the list of Fundamental Rights and downgraded it to a mere constitutional/legal right under Article 300A.
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73rd & 74th Amendments (1992): Revolutionized grassroots democracy by granting constitutional status to Panchayati Raj Institutions (73rd) and Urban Local Municipalities (74th), adding Parts IX and IX-A, and Schedules 11 and 12.
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101st Amendment (2016): Introduced the Goods and Services Tax (GST), fundamentally altering the financial federalism of India by creating a concurrent taxing power for the Centre and States (Article 246A).
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UPSC Trap / Watch Out: A classic PYQ asks: "Which amendment removed the Right to Property from the list of Fundamental Rights?" Because the 42nd Amendment is famous for making massive changes, candidates reflexively choose it. The strictly correct historical answer is the 44th Amendment (1978).