Indian Constitution and Political System
The Making of the Constitution
India became independent on August 15, 1947, and the Constitution came into effect on January 26, 1950 — this date is celebrated as Republic Day.
Key Committees and Bodies
- Drafting Committee: Chairman — Dr. B.R. Ambedkar. Submitted the draft constitution on November 26, 1947 (celebrated as National Law Day)
- Constituent Assembly: 299 members, chaired by Dr. Rajendra Prasad
- Constitutional advisors: Sir B.N. Rau (Legal Advisor), others
Sources of the Indian Constitution:
- Government of India Act, 1935 (structure)
- US Constitution (fundamental rights, independent judiciary, presidential system)
- UK Constitution (parliamentary system, rule of law, convention)
- Irish Constitution (directive principles of state policy)
- Canadian Constitution (federation with strong centre)
- Japanese Constitution (concurrency of subjects)
Philosophy of the Constitution: The Preamble reflects the philosophy — Sovereign, Socialist, Secular, Democratic, Republic.
The Preamble
The Preamble serves as the introductory statement of the Constitution and reflects the ideals and aspirations of the people of India.
“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 amendments:
- 42nd Amendment (1976): Added “Socialist” and “Secular” and “Integrity”
- 73rd/74th Amendments: Added “Panchaayati Raj” and “Municipalities”
Features of the Indian Constitution
- Lengthiest constitution in the world (originally 395 articles, now ~470, plus 12 schedules)
- Blend of rigidity and flexibility (some provisions require special majority, others ordinary)
- Federal structure with unitary bias (emergency provisions make it quasi-federal)
- Parliamentary system (executive responsible to legislature)
- Independent judiciary (Supreme Court as guardian of Constitution)
- Fundamental Rights (Part III, Articles 12–35)
- Directive Principles of State Policy (Part IV, Articles 36–51)
- Fundamental Duties (Part IV-A, Article 51A — added by 86th Amendment, 2002)
- Single citizenship (only Indian citizenship, no state citizenship)
- Official languages (Article 343 — Hindi in Devanagari script with English as additional official language for 15 years; later made permanent by 97th Amendment)
Fundamental Rights (Articles 12–35)
Fundamental Rights are justiciable (enforceable in court). Six rights:
| # | Right | Key Articles | Content |
|---|---|---|---|
| 1 | Right to Equality (Art 14–18) | 14: Equality before law; 15: No discrimination; 16: Equal opportunity in public employment; 17: Abolition of untouchability; 18: Abolition of titles | |
| 2 | Right to Freedom (Art 19–22) | 19: Six freedoms (speech, assembly, association, movement, residence, profession); 20: Protection in respect of conviction; 21: Right to life and personal liberty; 21A: Right to education (86th amendment); 22: Protection against arrest | |
| 3 | Right against Exploitation (Art 23–24) | 23: Prohibition of traffic in human beings and forced labour; 24: No employment of children below 14 years in factories | |
| 4 | Right to Freedom of Religion (Art 25–28) | 25: Freedom of conscience and free profession; 26: Freedom to manage religious affairs; 27: No compulsory taxes for religion; 28: No religious instruction in state-funded institutions | |
| 5 | Cultural and Educational Rights (Art 29–30) | 29: Protection of interests of minorities; 30: Right of minorities to establish educational institutions | |
| 6 | Right to Constitutional Remedies (Art 32) | Right to move Supreme Court for enforcement of Fundamental Rights — Dr. Ambedkar called Article 32 the “heart and soul” of the Constitution |
Article 21: Right to life and personal liberty — the most fundamental right. Expanded by the Supreme Court to include: Right to privacy (2017), Right to die with dignity (2018), Right to clean environment.
Fundamental Duties (Article 51A)
Added by 86th Amendment (2002), based on the recommendations of the Swaran Singh Committee. Ten duties:
- To abide by the Constitution and respect National Flag and National Anthem
- To cherish and follow the noble ideals of the freedom struggle
- To protect sovereignty, unity, and integrity of India
- To defend the country when called upon
- To promote harmony and brotherhood
- To preserve composite culture
- To protect natural environment
- To develop scientific temper
- To safeguard public property
- To strive for excellence in all endeavors
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.
Key DPSPs:
- Article 38: Social order in which justice, social, economic, and political shall inform all institutions of national life
- Article 39: Certain principles of policy to be followed by the State — equal means of livelihood, concentration of wealth avoided, mineral resources not to be monopolized
- Article 40: Organization of Village Panchayats
- Article 43: Living wage for workers
- Article 44: Uniform Civil Code (still not implemented — controversial)
- Article 48: Protection of environment and wildlife
The Supreme Court ruled in Minerva Mills (1980) 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 states + 20 union territories + 2 Anglo-Indian nominated)
- Directly elected by citizens above 18 years (after 61st Amendment, 1988)
- Term: 5 years
- Money Bill: Originated only 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 (比例ally by single transferable vote)
- Term: 6 years, 1/3 retire every 2 years (rotational)
- Special powers: Can introduce bills for the creation of new states, can recommend creation of new All-India Services
Speaker of Lok Sabha: Presiding officer — currently Om Birla (as of 2024).
The President of India
The President is the head of state — largely a ceremonial figure (except in some discretionary powers).
- Elected: By an electoral college comprising elected members of both Houses of Parliament and state legislative assemblies
- Term: 5 years, max 2 terms
- Qualifications: 35+ years, citizen of India, not a member of Parliament/state legislature
- Powers: Summons Parliament, appoints CJI and judges, declares emergency, pardons (Article 72)
Emergency powers (Article 352):
- National Emergency: War, external aggression, armed rebellion (Article 352) — declared by President on written advice of Cabinet; first declared in 1971 (war with Pakistan); second in 1975 (internal emergency — Indira Gandhi)
- State Emergency: Presidential rule in a state (Article 356) — 44 times applied
- Financial Emergency: Article 360 — never invoked
Council of Ministers and Prime Minister
- President: Appoints PM (leader of majority in Lok Sabha)
- Council of Ministers: PM + other ministers (collective responsibility to Lok Sabha)
- Cabinet: Inner circle of senior ministers (decides major policy)
PM’s powers:
- Leader of Lok Sabha (controls legislative agenda)
- Chief advisor to President
- Leader of the ruling party/coalition
CTET Exam Focus
- Preamble: Key words — Sovereign, Socialist, Secular, Democratic, Republic, Justice, Liberty, Equality, Fraternity
- Fundamental Rights: Six rights, Articles 14–35, justiciable, Article 21 most important
- Fundamental Duties: Article 51A, 10 duties, added by 86th Amendment (2002)
- DPSP: Non-justiciable, welfare state, Article 40 (Panchayati Raj), 43 (living wage), 44 (Uniform Civil Code)
- Parliament: Bicameral — Lok Sabha (552, direct election, 5yr) and Rajya Sabha (250, indirect election, 6yr)
- President: Elected by electoral college, emergency powers under Article 352
- Key Amendments: 42nd (1976 — Socialist, Secular), 73rd (Panchayati Raj), 74th (Municipalities), 86th (Fundamental Duties, Article 21A — RTE)
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