Indian Polity & Constitution

🟢 Lite — Quick Review (1h–1d)

Making of the Indian Constitution

• Indian Independence Act (1947): Partition, two dominions; Mountbatten as Governor-General
• Drafting Committee: Chairman — Dr. B.R. Ambedkar; 299 articles, 22 parts originally
• Constituent Assembly: First met December 9, 1946; 299 members; Dr. Rajendra Prasad (President), Dr. B.R. Ambedkar (Chairman, Drafting Committee)
• Sources: Government of India Act 1935, British Constitution (parliamentary system), US Constitution (fundamental rights, president, judicial review), Irish Constitution ( DPSP — Directive Principles), Canadian Constitution (residuary powers with Centre)
• Adopted: November 26, 1949 (with some provisions effective January 26, 1950 — Republic Day)

Key Features of the Constitution

• Preamble: Sovereign, Socialist, Secular, Democratic, Republic; Justice, Liberty, Equality, Fraternity
• Lengthiest written constitution (originally 395 articles, 22 parts, 8 schedules)
• Single citizenship (not dual citizenship like USA)
• Quasi-federal structure (strong centre; UNITASINDIVISA)
• Fundamental Rights (Part III — 6 rights); DPSP (Part IV); Fundamental Duties (Part IVA — added by 42nd Amendment, 1976)
• Independent judiciary; Supreme Court; collegium system for appointments
• Emergency provisions (Part XVIII)

Fundamental Rights (Articles 12-35)

1. Right to Equality (14-18): Equality before law; prohibition of discrimination; equality of opportunity; abolition of untouchability, titles
2. Right to Freedom (19-22): Six freedoms (speech, assembly, association, movement, residence, profession); protection in respect of conviction; protection of life and personal liberty; protection against arrest and detention
3. Right against Exploitation (23-24): Prohibition of traffic in human beings, begar; prohibition of employment of children below 14 years in factories
4. Right to Freedom of Religion (25-28): Freedom of conscience, free profession, practice, propagation; freedom to manage religious affairs; freedom from payment of taxes for promotion of religion; freedom from religious instruction in certain educational institutions
5. Cultural and Educational Rights (29-30): Protection of interests of minorities; right of minorities to establish educational institutions
6. Right to Constitutional Remedies (32): Dr. Ambedkar called it “heart and soul” of constitution; Supreme Court can issue writs (habeas corpus, mandamus, prohibition, certiorari, quo warranto)

Parliamentary System

• President: Ceremonial head; elected by Electoral College (elected MPs + MLAs); indirectly elected; serves 5 years; must be 35+ years, not a convict; qualifications: citizen of India, born in India
• Vice-President: Chairman of Rajya Sabha; elected by electoral college (MPs of both Houses); serves 5 years; 35+ years; not a Rajya Sabha member at election
• Prime Minister: Leader of Lok Sabha; appointed by President; must enjoy confidence of Lok Sabha; Council of Ministers at President
• Lok Sabha: Lower House; 543 elected members (now 543 after 104th Amendment); tenure 5 years; money bills originate here; no Council of States equivalents
• Rajya Sabha: Upper House; 245 members (233 elected + 12 nominated); permanent; 1/3 retire every 2 years; cannot be dissolved; equal representation to states (rotational)

Constitutional Amendments

• Procedure: Both Houses need 2/3 majority of present and voting; President’s assent; not subject to judicial review
• Types: Simple majority (quorum, allowances), Special majority (2/3 present and voting), Special majority + ratification by states (federal subjects)
• 101st Constitution Amendment (2017): Introduced GST (Goods and Services Tax); made India a common market

⚡ Exam Tip: AILET frequently asks about DPSP vs FR, differences between Lok Sabha and Rajya Sabha, amendment procedures, and landmark cases (Kesavananda Bharati, Minerva Mills). Focus on articles and schedules.

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🟡 Standard — Regular Study (2d–2mo)

Directive Principles of State Policy (Articles 36-51)

Socialist Principles:

• Adequate means of livelihood; distribution of resources; prevention of concentration; workers’ participation in management

Gandhian Principles:

• Organisation of village panchayats; promotion of cottage industries; prohibition of intoxicating drinks; protection of cow and calves

Liberal-Intellectual Principles:

• Uniform civil code; free and compulsory education; separation of judiciary from executive

Important DPSP provisions:

• Article 38: Social order for promoting welfare
• Article 39: Certain principles of policy to be followed; equal justice, distribution of material resources
• Article 40: Organisation of village panchayats
• Article 45: Free and compulsory education for children (now Article 21A — right to education)
• Article 48: Agriculture and animal husbandry; prohibition of cow slaughter
• Article 51A(k): Duty to provide opportunities for education to children aged 6-14

Fundamental Duties (Article 51A — added by 42nd Amendment)

1. To abide by Constitution and respect National Flag, National Anthem
2. To cherish and follow noble ideals of freedom struggle
3. To protect sovereignty, unity, integrity of India
4. To defend the country
5. To promote harmony and brotherhood
6. To value and preserve composite culture
7. To protect natural environment
8. To develop scientific temper
9. To safeguard public property
10. To strive for excellence
11. To provide opportunities for children (6-14 years)

Organs of Government

Executive:

• President: Supreme commander of armed forces; can promulgate ordinances; pardoning power (Article 72); emergency powers; bills become law without signature after 10 days; but cannot declare emergency alone (PM recommend)
• Vice-President: Only Indian constitutional function with single role — Rajya Sabha Chairman
• Prime Minister: Real executive; appoints Council of Ministers; allocation of portfolios; PMO (Prime Minister’s Office)
• Council of Ministers: Cabinet; collective responsibility to Lok Sabha; individual responsibility

Legislature:

• Parliament: Supreme legislative body; two Houses + President
• Legislative process: Bill introduced; readings; committee stage; passage; President’s consideration; President’s assent; gazette notification
• Types of Bills: Ordinary, Money (originates in Lok Sabha only), Financial (amendatory); Constitutional Amendment Bill

Judiciary:

• Supreme Court: 34 judges (1 Chief Justice + 33); appointed by President (collegium); serves until 65 years; original jurisdiction (disputes between states); appellate jurisdiction; advisory jurisdiction (Article 143)
• High Courts: Each state has one HC (39 High Courts); some states share HC (Punjab-Haryana, etc.); Calcutta HC has original jurisdiction on company matters
• Subordinate Courts: District Courts; appointed by Governor in consultation with HC
• Key cases: Kesavananda Bharati (1973 — Basic Structure Doctrine); Minerva Mills (1980 — DPSP cannot override FR); Maneka Gandhi (1978 — Procedure established by law); ADM Jabalpur v. Shrikant (1977 — suspends Habeas Corpus during emergency)

Constitutional Bodies

• Election Commission: Autonomous; 1 Chief Election Commissioner + 2 Election Commissioners; conditions of service same as Judges of SC; CEC not removable (only through impeachment)
• UPSC: Chairman + members; appointed by President; conducts civil services (All India Services + central services)
• Finance Commission: 5 members; recommends distribution of tax revenues between Centre and states
• SC/ST Commission: Protection of SC/ST rights
• National Commission for Women: Women welfare
• CAG: Auditor General; audits accounts of Centre and states; reports to President

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🔴 Extended — Deep Study (3mo+)

Amendment Process — Detailed

1. Introduction of bill in either House
2. Must be passed by both Houses with 2/3 majority of present and voting
3. President’s assent
4. Gazette of India notification

Types of Amendments:

• Article 368 Simple Majority: Changes in representation of states, creation/abolition of states, etc. (not technically amendment under Article 368)
• Article 368 Special Majority: Most amendments; 2/3 present and voting in each House
• Article 368 + State Ratification: Changes to federal structure (states’ representation in Parliament, any article in Part XI — e.g., 7th Schedule), election of President, extent of executive power, Supreme Court/HC jurisdiction

Schemes of the Constitution (Parts)

Part	Subject	Key Articles
I	Union and Territory	1-4 (States, territories, laws inconsistent)
II	Citizenship	5-11 (acquisition, termination)
III	Fundamental Rights	12-35 (6 rights)
IV	DPSP	36-51
IVA	Fundamental Duties	51A
V	Union	52-151 (President, PM, Parliament, Supreme Court)
VI	States	152-237 (Governor, CM, State Legislature, HC)
VII	States in Part B (repealed)	—
VIII	Union Territories	—
IX	Panchayats	243-243O
IXA	Municipalities	243P-243ZG
IXB	Cooperative Societies	243ZH-243ZT
X	Scheduled and Tribal Areas	—
XI	Relations between Centre and States	245-263
XII	Property, Finance	264-300A
XIII	Trade, Commerce	301-307
XIV	Services	308-323
XIVA	Tribunals	323A-323B
XV	Elections	324-329A
XVI	SC/ST	330-342
XVII	Official Language	343-351
XVIII	Emergency	352-360
XIX	Miscellaneous	361-367
XX	Amendment	368
XXI	Temporary Provisions	369-392
XXII	Short title	393-395

Schedules (12 in total)

1. First Schedule: States, Union Territories, their extent, territorial waters
2. Second Schedule: Offices of President, Governors, Judges; salaries
3. Third Schedule: Forms of oath for Ministers, MPs, MLAs, judges
4. Fourth Schedule: Allocation of seats in Rajya Sabha to states
5. Fifth Schedule: Administration of tribal areas in states (except NE states)
6. Sixth Schedule: Tribal areas in NE states (Assam, Meghalaya, Tripura, Mizoram); Autonomous District Councils
7. Seventh Schedule: Union List (100 subjects), State List (61 subjects), Concurrent List (52 subjects)
8. Eighth Schedule: 22 official languages (Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santali, Sindhi, Tamil, Telugu, Urdu)
9. Ninth Schedule: Added by 1st Amendment (1947); protects land reforms laws from judicial review; Supreme Court upheld reservation in 10th schedule context (Indra Sawhney case)
10. Tenth Schedule: Anti-defection (52nd Amendment, 1985); split/merge criteria; presiding officers’ decision on disqualification
11. Eleventh Schedule: 29 subjects for Panchayats (73rd Amendment)
12. Twelfth Schedule: 18 subjects for Municipalities (74th Amendment)

Important Landmark Cases

Kesavananda Bharati v. State of Kerala (1973)

• Supreme Court by 7-6 majority; held: Basic Structure of Constitution (federalism, secularism, fundamental rights, democracy, separation of powers) cannot be amended (Article 368 cannot destroy basic structure)
• Case reversed: Golak Nath v. State of Punjab (1967) — that amendment was law under Article 368, not power; reversed Kesavananda

Minerva Mills v. Union of India (1980)

• Struck down 42nd Amendment’s provision (Article 368 cannot amend Part III)
• Reaffirmed: Harmony and balance between FR and DPSP

Other Important Cases:

• Shayara Bano v. Union of India (2017): Struck down Triple Talaq (instant talaq) as unconstitutional
• Navtej Singh Johar v. Union of India (2018): Decriminalised Section 377 (homosexuality)
• Puttaswamy v. Union of India (2017): Right to Privacy is a fundamental right under Article 21
• ADM Jabalpur v. Shrikant (1977): During emergency, HC jurisdiction suspended (overruled later)

Emergency Provisions (Part XVIII)

National Emergency (Article 352):

• President can declare emergency if “security of India threatened by war or armed rebellion”
• Grounded on security of India; PM must recommend (collective responsibility)
• Effects: Centre rules states (President’s rule); fundamental rights suspended (except Article 20, 21); Lok Sabha term extended (6 months at a time, no limit)
• Three emergencies declared: 1962 (China war — Indira Gandhi), 1971 (Pakistan war — Indira Gandhi), 1975-77 (internal disturbance — Indira Gandhi, after Kesavananda Bharati)
• Amendment: 44th Amendment (1978) changed “armed rebellion” (instead of “internal disturbance”)

President’s Rule (Article 356):

• If President is satisfied that state cannot function according to Constitution
• Governor reports; can suspend legislative assembly; can dissolve; maximum 3 years (after 1979, Supreme Court in Bommai case restricted arbitrary imposition)
• Cases: Many states; Supreme Court’s Bommai case (1994) landmark — cannot use Article 356 to topple elected governments for political reasons

Financial Emergency (Article 360):

• If financial credit of India is threatened
• President’s satisfaction; 44th Amendment requires external cause (not just fiscal deficit)
• Rarely invoked; never used in India

Special Status — Articles 370, 371

Article 370 (now revoked):

• Temporary provisions for Jammu & Kashmir; Article 35A (residence, property rights) repealed by Presidential Order; August 5, 2019; J&K reorganised into two Union Territories (Jammu & Kashmir, Ladakh)

Article 371:

• Special provisions for Maharashtra and Gujarat (development boards); for NE states (6th Schedule); for Sikkim (merged 1975)

Common Mistakes to Avoid

1. Confusing original jurisdiction of SC with appellate jurisdiction
2. Thinking Fundamental Rights are absolute — reasonable restrictions apply (Article 19 has reasonable restrictions)
3. Forgetting that DPSP is not enforceable in court (unlike Fundamental Rights)
4. Mixing up anti-defection rules (10th Schedule) with ordinary resignation
5. Confusing emergency types — National vs President’s Rule vs Financial
6. Thinking article numbers are the same as amendments (Article 368 is about amendment power, not 368th Amendment)
7. Forgetting that Supreme Court judges are appointed by President but on collegium’s recommendation

Practice Tips

• Memorise article numbers with key provisions (especially Articles 14, 19, 21, 32, 368)
• Create charts comparing Lok Sabha vs Rajya Sabha, FR vs DPSP, President vs PM
• Practice identifying which schedule contains what information
• Solve AILET GK on Polity focusing on landmark cases and articles
• Prepare notes on amendment procedures and special provisions