Uniqueness of the Indian Constitution: Simple Notes
Unique Constitution: The Indian Constitution is special ("unique") in what it contains (contents) and its overall feel (spirit).
- Borrowed, but Distinct: While it has taken ideas ("borrowed") from almost every constitution around the world, it has its own special features that make it different from other countries' constitutions.
Constitution Has Changed Over Time:
The Constitution as it was originally made in 1949 is not exactly the same today.
Many amendments (changes) have been made over the years.
Important Amendments: these significant amendments: 7th, 42nd, 44th, 73rd, 74th, 97th, and 101st.
"Mini-Constitution" - 42nd Amendment (1976):
The 42nd Amendment Act of 1976 was so big and made so many changes that it's known as a "Mini-Constitution".
"Basic Structure" Limit on Amendments:
Kesavananda Bharati Case (1973): The Supreme Court made a very important ruling in this case.
Ruling: Parliament's power to amend the Constitution (under Article 368) is not unlimited.
"Basic Structure Doctrine": Parliament cannot change the "basic structure" of the Constitution, even with amendments.
Meaning: There are some fundamental parts of the Constitution that are so important they cannot be altered, even by the Parliament.
In Simple Words: Think of the Indian Constitution as a special recipe that's taken ideas from recipes all over the world, but still has its own unique Indian flavor. This recipe has been tweaked and changed over time with many updates (amendments), with one update in 1976 being so major it was like a "mini-recipe book" of changes. However, there's a rule that says you can't change the most basic ingredients or the core method of the recipe (the "basic structure"), even when you make updates. This ensures the fundamental nature of the Indian Constitution is protected.