Indian Polity and Constitution
Making of the Indian Constitution
India became independent on August 15, 1947. The Constitution came into effect on January 26, 1950 — celebrated as Republic Day (because on this day in 1929, the INC under Nehru had declared “Purna Swaraj” — complete independence).
Constituent Assembly: 299 members, chaired by Dr. Rajendra Prasad (president). The Drafting Committee was chaired by Dr. B.R. Ambedkar — the principal architect of the Constitution.
Draft Constitution submitted: November 26, 1947 — celebrated as National Law Day.
Sources of the Indian Constitution
| Source | What India borrowed |
|---|---|
| Government of India Act, 1935 | Federal structure, administrative details |
| US Constitution | Fundamental rights, independent judiciary, presidential system |
| UK Constitution | Parliamentary system, rule of law, conventions, procedure |
| Irish Constitution | Directive Principles of State Policy |
| Canadian Constitution | Federal system with strong central government |
| Japanese Constitution | Concurrency of subjects |
| Weimar Constitution | Emergency provisions |
The Preamble
The Preamble is the introductory statement reflecting the philosophy and ideals of the Constitution.
“We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation.”
Key words:
- Sovereign: Independent, no external control
- Socialist: Mixed economy, welfare state (added by 42nd Amendment, 1976)
- Secular: No state religion, equal respect for all religions (added by 42nd Amendment, 1976)
- Democratic: Rule by the people (through elected representatives)
- Republic: Head of state is elected, not hereditary
- Justice, Liberty, Equality, Fraternity: Core ideals
Features of the Constitution
- Lengthiest constitution in the world (originally 395 articles, now ~470 with schedules)
- Blend of rigidity and flexibility (some provisions require special majority to amend)
- Federal structure with unitary bias (emergency provisions make it quasi-federal)
- Parliamentary system (executive directly responsible to legislature)
- Independent judiciary (Supreme Court as guardian of the Constitution)
- Fundamental Rights (Part III, Articles 12–35)
- Directive Principles (Part IV, Articles 36–51)
- Fundamental Duties (Part IV-A, Article 51A)
- Single citizenship (only Indian citizenship, no state citizenship)
- Official languages (Hindi in Devanagari script + English; 22 scheduled languages)
Fundamental Rights (Articles 12–35)
Fundamental Rights are justiciable (enforceable in court) and the foundation of Indian democracy.
| # | Right | Articles | Key Content |
|---|---|---|---|
| 1 | Right to Equality | 14–18 | Equality before law (Art 14); no discrimination (Art 15); equal opportunity in employment (Art 16); abolition of untouchability (Art 17); abolition of titles (Art 18) |
| 2 | Right to Freedom | 19–22 | Six freedoms (Art 19: speech, assembly, association, movement, residence, profession); protection in respect of conviction (Art 20); right to life and personal liberty (Art 21); right to education (Art 21A, added 2002); protection against arrest (Art 22) |
| 3 | Right against Exploitation | 23–24 | Prohibition of traffic in human beings and forced labor; no child below 14 in factory |
| 4 | Right to Freedom of Religion | 25–28 | Freedom of conscience and free profession; freedom to manage religious affairs; no compulsory taxes for religion; no religious instruction in state-funded 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 | Right to move Supreme Court for enforcement of Fundamental Rights — Dr. Ambedkar called it “the heart and soul of the Constitution” |
Article 21 (Right to life and personal liberty) is the most important — the Supreme Court has expanded it to include:
- Right to privacy (2017, Justice K.S. Puttaswamy case)
- Right to die with dignity (2018)
- Right to clean environment
- Right to health
- Right to sleep
Fundamental Duties (Article 51A)
Added by the 86th Amendment (2002) (based on Swaran Singh Committee recommendations). Ten duties:
- Abide by Constitution, respect National Flag and Anthem
- Cherish noble ideals of freedom struggle
- Protect sovereignty, unity, and integrity of India
- Defend the country when called upon
- Promote harmony, brotherhood
- Preserve composite culture
- Protect natural environment
- Develop scientific temper
- Safeguard public property
- Strive for excellence
Note: Fundamental Duties are non-justiciable (cannot be enforced in court) — they are moral obligations.
Directive Principles of State Policy (Articles 36–51)
Non-justiciable (cannot be enforced in court) but fundamental in governance. Aimed at establishing a welfare state.
| Article | Content |
|---|---|
| 38 | Social order where justice informs all institutions |
| 39 | State to ensure equal means of livelihood; prevent concentration of wealth |
| 40 | Organization of Village Panchayats |
| 43 | Living wage for workers |
| 44 | Uniform Civil Code |
| 48 | Protection of environment and wildlife |
Important rulings: Minerva Mills (1980) — the Supreme Court ruled that the balance between Fundamental Rights and DPSPs cannot be destroyed; Parliament cannot amend the Basic Structure.
The Parliament
India has a bicameral Parliament at the Centre:
Lok Sabha (House of the People)
- Lower house, maximum 552 members (530 from states + 20 from UTs + 2 Anglo-Indian nominated by President)
- Directly elected by citizens above 18 years (after 61st Amendment, 1988)
- Term: 5 years (can be dissolved earlier)
- Money Bill: Can only be introduced in Lok Sabha; Rajya Sabha has limited role
Rajya Sabha (Council of States)
- Upper house, maximum 250 members (currently 233)
- Indirectly elected by elected members of state legislative assemblies (proportional representation by single transferable vote)
- Term: 6 years; 1/3 retire every 2 years (rotational)
- Special powers: Can introduce bills for creation of new states; can recommend creation of All-India Services
The President of India
- Head of state — largely ceremonial (real executive power rests with the Prime Minister)
- Elected by an electoral college (elected members of both Houses of Parliament and state legislative assemblies)
- Term: 5 years; maximum 2 terms
- Qualifications: 35+ years, citizen of India, not a member of Parliament/state legislature
Powers:
- Summons Parliament, dissolves Lok Sabha
- Appoints Chief Justice of India and judges
- Appoints PM (invites the leader who commands majority in Lok Sabha)
- Declares emergency (Article 352)
- Pardons (Article 72) — can pardon even death sentence
Emergency powers (Article 352):
- National Emergency: War, external aggression, armed rebellion — declared by President on written advice of Cabinet. First: 1971 (Indo-Pak war). Second: 1975 (internal emergency — Indira Gandhi).
- State Emergency (President’s Rule): Article 356 — President can dismiss state government; imposed 44 times
- Financial Emergency: Article 360 — never invoked
The Prime Minister and Council of Ministers
- President appoints PM (the leader who commands majority in Lok Sabha)
- Council of Ministers: PM + other ministers; collectively responsible to Lok Sabha
- Cabinet: Inner circle of senior ministers who decide major policies
PM’s powers:
- Leader of the ruling party/coalition
- Chief advisor to President
- Controls legislative agenda
- Chief executive: Takes all major decisions
Important Amendments
| Amendment | Year | Key Changes |
|---|---|---|
| 42nd Amendment | 1976 | Added “Socialist”, “Secular”, “Integrity” to Preamble; added 3 new subjects to Union List |
| 44th Amendment | 1978 | Changed emergency provisions, added 39th schedule |
| 73rd Amendment | 1992 | Panchayati Raj — 3-tier system with elections |
| 74th Amendment | 1992 | Municipalities — urban local bodies |
| 86th Amendment | 2002 | Right to education (Article 21A); changed duration of school education |
| 93rd Amendment | 2005 | Added OBC reservation (27%) in educational institutions |
| 97th Amendment | 2011 | Made Hindi official language permanently; added 48th schedule |
CTET Exam Focus
- Preamble: Sovereign, Socialist, Secular, Democratic, Republic — and the key ideals (Justice, Liberty, Equality, Fraternity)
- Fundamental Rights: Six rights, Articles 14–35; Article 21 is most important (expanded by Supreme Court)
- Fundamental Duties: Article 51A, 10 duties, 86th Amendment (2002)
- DPSP: Non-justiciable, welfare state; Minerva Mills case (1980) on balance with FRs
- Parliament: Bicameral — Lok Sabha (552, direct election, 5yr) and Rajya Sabha (250, indirect election, 6yr, rotational)
- President: Elected by electoral college; emergency powers under Article 352 (national, state, financial)
- PM: Appointed by President; real executive power
- Important amendments: 42nd (Preamble), 73rd (Panchayati Raj), 74th (Municipalities), 86th (RTE), 93rd (OBC reservation)
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