Salient Features of the Constitution (2)

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Topic 15 covers the Indian Polity and Governance portion of UPPSC RO/ARO General Studies: the constitutional architecture under which a Reviewing Officer (RO) or Assistant Reviewing Officer (ARO) actually functions. The constitutional kernel sits in Parts III (Fundamental Rights, Articles 12–35), Part IV (Directive Principles, Articles 36–51), and Part IVA (Fundamental Duties, Article 51A, inserted by the 42nd Amendment, 1976). Federalism rests on the 7th Schedule with its Union, State and Concurrent Lists. Key institutions to memorise with article numbers: CAG (148), UPSC (315), Election Commission (324), Finance Commission (280), and the NITI Aayog (which replaced the Planning Commission on 1 January 2015). Two doctrines are repeatedly tested: the basic structure doctrine in Kesavananda Bharati v. State of Kerala (1973) and the anti-defection law in the 10th Schedule (52nd Amendment, 1985). Writs — Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto — under Article 32/226 are frequent one-liners.

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Salient Features of the Constitution

The Constitution of India is the lengthiest written constitution in the world, originally containing 395 Articles, 22 Parts and 8 Schedules. Dr. B.R. Ambedwar chaired the Drafting Committee. It is federal with a unitary bias, parliamentary (Nominal head — President; Real head — PM with Council of Ministers), quasi-federal, and establishes a sovereign, socialist, secular, democratic republic (the words socialist, secular and integrity were added by the 42nd Amendment, 1976). The Preamble is non-justiciable but is part of the Constitution (LIC of India case, Berubari Union, Kesavananda).

Fundamental Rights (Part III)

Article 12 defines the State (Government of India, Parliament, State Government, Legislature, all local and other authorities). Articles 14–18 cover the Right to Equality (equality before law, abolition of untouchability, abolition of titles). Articles 19–22 give the six freedoms under Art. 19(1)(a)–(g), while Articles 25–28 handle religion. Article 21 — right to life and personal liberty — is the most interpreted right (Maneka Gandhi, 1978). Article 32 (Dr. Ambedkar called it the heart and soul of the Constitution) and Article 226 empower the Supreme Court and High Courts to issue the five writs. Fundamental Rights are justiciable but not absolute — reasonable restrictions apply.

Directive Principles & Fundamental Duties

Part IV (Arts. 36–51) lists Directive Principles that are non-justiciable but fundamental in governance (Art. 39(b) & (c) — equity in wealth distribution, is the basis of land reforms and reservations). The conflict between FRs and DPSPs was settled in Minerva Mills v. Union of India (1980): both must be balanced, neither is absolute. Article 51A lists 11 Fundamental Duties added on the recommendation of the Swaran Singh Committee (1976).

Federalism & Centre–State Relations

The 7th Schedule distributes legislative power: Union List (~100 subjects) — Defence, Railways, Foreign Affairs; State List (~61 subjects) — Police, Public Order, Local Government; Concurrent List (~52 subjects) — Criminal Law, Education, Forests. The 42nd Amendment (1976) moved Education, Forests, Weights & Measures, etc. to the Concurrent List. Article 356 is President’s Rule (breakdown of constitutional machinery, max 1 year); Article 365 is invoked when a state fails to comply with Union directions.

Parliament & Anti-Defection

Lok Sabha: directly elected, normal term 5 years, can be dissolved. Rajya Sabha: maximum strength 250, of which 12 are nominated by the President (from fields of art, literature, science, social service). The Speaker presides over Lok Sabha; votes only on a tie (casting vote). Article 110 defines a Money Bill — Rajya Sabha can only recommend amendments within 14 days. The 10th Schedule disqualifies a member for defecting — exceptions are mergers of parties (2/3 rule under Paragraph 4).

Constitutional Institutions

Institution	Article	Head	Tenure
CAG	148	President appoints	6 yrs or 65 yrs
UPSC	315	Chairman	6 yrs or 65 yrs
Election Commission	324	Chief Election Commissioner	6 yrs or 65 yrs
Finance Commission	280	Chairman	Determined by terms of reference
NITI Aayog	(executive resolution, 2015)	CEO	—

Local Self-Government

The 73rd Constitutional Amendment (1992) gave constitutional status to Panchayati Raj in Parts IX and added the 11th Schedule (29 subjects). The 74th Amendment added Parts IX-A and the 12th Schedule (18 subjects) for municipalities. Article 243D mandates seats reserved for SC/ST proportional to population and one-third seats reserved for women (Nari Shakti Vandan Adhiniyam, 2023 raised this to one-third in Lok Sabha and State Assemblies).

Exam-Specific Patterns

UPPSC RO/ARO Prelims test polity through statement-based MCQs and matching questions (e.g., match Article with subject). In Mains, questions often ask for differences: “Distinguish between FRs and DPSPs”, “Discuss the basic structure doctrine”, or “Critically examine the anti-defection law”. Frequently asked: number of Schedules, articles of writs, members in PAC (22, with 15 from Lok Sabha + 7 from Rajya Sabha), and the 52nd Amendment (10th Schedule).

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Constitutional Amendment & the Basic Structure Doctrine

Article 368 prescribes the procedure: a constitutional amendment bill may be initiated in either House, requires a special majority (majority of total membership + 2/3 of members present and voting) of each House; ratification by at least one-half of the State Legislatures is required only where federal features are affected. The famous three-fold classification in Kesavananda Bharati v. State of Kerala (1973, 13-judge bench, 7:6 verdict) placed Parliament’s power to amend within the Constitution, not above it — Parliament cannot destroy the basic structure (e.g., federalism, secularism, judicial review, supremacy of the Constitution, democratic republican form, separation of powers). This was reaffirmed in Indra Sawhney (1992) and I.R. Coelho v. State of Tamil Nadu (2007).

Deep Dive: Writ Jurisdiction

A writ is a written order from a superior court commanding a person/authority to do or refrain from doing a specific act. Habeas Corpus — “to have the body” — protects against illegal detention. Mandamus — “we command” — orders a public official to perform a ministerial duty; not issued against a private individual or the President/Governor. Prohibition is issued by a higher court to an inferior tribunal preventing it from exceeding jurisdiction (preventive). Certiorari transfers a case from a lower court/tribunal to a higher one (curative). Quo Warranto asks “by what authority” one holds a public office — a person holding a public office of a permanent, substantive nature must show legal authority.

Local Self-Government: Edge Cases

The 11th Schedule lists 29 subjects (Article 243G); the 12th Schedule lists 18 (Article 243W). Panchayats are NOT in the State List of the 7th Schedule — they were added to the Concurrent List by the 73rd Amendment. Article 243(I) keeps elections under the State Election Commission (independent body). The Sarpanch is elected directly per Article 243C(3), but the State Legislature decides whether the Panchayat Chairperson (Zila/Block) is elected or nominated. Reservation of Chairpersons of Panchayats for SC/ST is proportionate to population, and one-third of Chairpersons must be women by rotation.

Common Traps Set by UPPSC

Money Bill: defined exclusively under Article 110; the Speaker’s certificate is final (judicial review limited, Krishna Kumar Singh v. State of Bihar). The Rajya Sabha has no power to amend or reject — only recommend within 14 days, after which the bill is deemed passed.
Speaker’s voting: the Speaker does not vote in the ordinary sense; she casts a deciding vote only in case of a tie. This single-point distinction is a perennial MCQ trap.
Article 356 vs 365: President’s Rule flows from 356; 365 is a warning/punitive provision declaring that a state is not carrying on governance per the Constitution.
CAG vs Finance Commission vs NITI Aayog: CAG audits; Finance Commission recommends tax devolution (15th FC chaired by N.K. Singh); NITI Aayog is a policy think-tank, not a constitutional body. A common UPPSC question asks: “Which is not a constitutional body?” — NITI Aayog is the answer.
Ordinance-making power: Article 123 (President) and 213 (Governor) — laid before the legislature and lapses in 6 weeks from reassembly, maximum of three re-promulgations was curtailed by D.C. Wadhwa v. State of Bihar (1987), but Nabam Rebia (2016) re-examined this. Joint Sitting of Parliament is convened under Article 108 (not 105) for ordinary bills on the President’s notification when the two Houses disagree.

Practice Prompts

“The basic structure doctrine is a judicial innovation that protects the Constitution from its own amenders.” Discuss, citing at least three Supreme Court decisions. Explain how the doctrine balances Parliamentary sovereignty with constitutional supremacy, and apply it to the 42nd and 44th Amendments. (UPPSC Mains, 15 marks)
“Distinguish between Fundamental Rights and Directive Principles. Examine the Supreme Court’s approach to resolving their conflict, with reference to Minerva Mills and Kesavananda Bharati. How do the Fundamental Duties under Article 51A act as a moral complement to Part III and Part IV? (UPPSC Mains, 12 marks)

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Salient Features of the Constitution (2)