Indian Polity &
Constitution

Constituent Assembly set up under Cabinet Mission Plan (1946). Total members: 389 (later 299 after partition). Dr. Rajendra Prasad — President of Constituent Assembly. Dr. B.R. Ambedkar — Chairman of Drafting Committee (called 'Father of the Indian Constitution'). First session: December 9, 1946. Constitution adopted: November 26, 1949 (Constitution Day / Law Day). Enforced: January 26, 1950 (Republic Day). Total time: 2 years, 11 months, 18 days. Constitutional Advisor: Sir B.N. Rau.

Indian Constitution borrowed features from multiple countries: UK — Parliamentary system, Rule of Law, Cabinet system, Writs. USA — Fundamental Rights, Judicial Review, Impeachment, Preamble inspiration, Vice-President role. Ireland — DPSP (Directive Principles), Nomination to Rajya Sabha, Emergency provisions. Canada — Federation with strong Centre, Residuary powers with Centre. Australia — Concurrent List, Joint sitting of Parliament. Germany (Weimar) — Emergency provisions. South Africa — Amendment procedure. USSR — Fundamental Duties (added 1976). Japan — Procedure established by law.

The Preamble declares India to be a Sovereign, Socialist, Secular, Democratic, Republic. 'Socialist' and 'Secular' were added by the 42nd Amendment (1976) — often called Mini Constitution. Objectives: Justice (Social, Economic, Political), Liberty (of thought, expression, belief, faith & worship), Equality (of status & opportunity), Fraternity (assuring dignity of individual & unity/integrity of nation). Berubari Case (1960): SC said Preamble is not part of Constitution. Kesavananda Bharati Case (1973): SC overruled — Preamble IS part of the Constitution but cannot be used to expand legislative power.

Indian Constitution is partly rigid, partly flexible. Longest written constitution in the world (originally 395 Articles, 8 Schedules; currently ~470 Articles, 12 Schedules, 25 Parts). Federal with unitary bias — distribution of powers, but Centre dominant. Parliamentary form of government (like UK). Integrated judiciary — single unified court system. Contains both Fundamental Rights (justiciable) and DPSPs (non-justiciable). Universal Adult Franchise — right to vote for all citizens 18+.

Originally 7 FRs; Right to Property (Art 31) removed by 44th Amendment (1978). Current 6 FRs:

1. Right to Equality (Art 14–18): Equality before law, no discrimination (religion, race, caste, sex, place of birth), equal opportunity in public employment, abolition of untouchability (Art 17), abolition of titles (Art 18).

2. Right to Freedom (Art 19–22): Art 19 — 6 freedoms (speech & expression, assembly, association, movement, residence, profession). Art 20 — protection against conviction. Art 21 — Right to Life & Personal Liberty (most expansive FR). Art 21A — Right to Education (6–14 yrs, 86th Amendment 2002). Art 22 — protection against arrest.

3. Right against Exploitation (Art 23–24): Prohibition of traffic in human beings, forced labour (Art 23); prohibition of child labour below 14 in factories/mines (Art 24).

4. Right to Freedom of Religion (Art 25–28): Freedom of conscience, right to profess/practise/propagate religion. State can regulate economic/political activities of religious institutions.

5. Cultural & Educational Rights (Art 29–30): Minorities can conserve language/script/culture; right to establish & administer educational institutions.

6. Right to Constitutional Remedies (Art 32): Dr. Ambedkar called it 'Heart & Soul of the Constitution'. Right to move SC for enforcement of FRs.

SC (Art 32) and HC (Art 226) can issue writs. Five types:

Habeas Corpus — 'To have the body'; used to release a person from illegal detention.
Mandamus — 'We command'; directs a public official/body to perform a duty.
Prohibition — Issued by superior court to inferior court to stop exceeding jurisdiction.
Certiorari — Superior court quashes order of inferior court (after the act).
Quo Warranto — 'By what authority'; challenges a person's claim to public office.

Note: HC can issue writs for any purpose (Art 226), wider than SC's Art 32 which is only for FR enforcement.

1st Amendment (1951): Added 9th Schedule (protected land reform laws from judicial review). Restrictions on FRs speech/profession tightened. 24th Amendment (1971): Parliament can amend any part of Constitution including FRs. 42nd Amendment (1976): Added Fundamental Duties (Art 51A), added 'Socialist' & 'Secular' to Preamble. 44th Amendment (1978): Restored Art 19 freedoms, removed Right to Property from FRs (made legal right under Art 300A). 86th Amendment (2002): Right to Education (Art 21A).

Added by 42nd Amendment 1976 (originally 10 duties); 11th duty added by 86th Amendment 2002 (duty of parents to provide education to children 6–14). Non-justiciable (cannot be enforced by court). Key duties: Abide by Constitution & respect flag/anthem; cherish freedom struggle ideals; uphold sovereignty/unity; defend the country; promote harmony; preserve composite culture; protect natural environment; develop scientific temper; safeguard public property; strive for excellence; provide opportunities for education to children.

Borrowed from Irish Constitution. Non-justiciable — cannot be enforced in court, but fundamental in governance. Three categories:

Socialistic DPSPs: Equal pay for equal work (Art 39d), right to work, education, public assistance in certain cases (Art 41), just & humane conditions of work (Art 42), living wage (Art 43), participation of workers in management (Art 43A), early childhood care (Art 45).

Gandhian DPSPs: Village panchayats (Art 40), cottage industries (Art 43), prohibition (Art 47), animal husbandry & agriculture improvement (Art 48).

Liberal-Intellectual DPSPs: Uniform Civil Code (Art 44), free legal aid (Art 39A), separation of judiciary from executive (Art 50), international peace (Art 51).

Fundamental Rights: Justiciable, individual-focused, negative (restrict state action), Part III (Art 12–35), enforceable in court (Art 32/226).

DPSPs: Non-justiciable, community/welfare focused, positive (require state action), Part IV (Art 36–51), not directly enforceable.

Conflict: Champakam Dorairajan Case (1951) — SC said FRs prevail over DPSPs. But Minerva Mills Case (1980) — SC said both are complementary; neither can be used to destroy the other. Parliament can restrict FRs to implement DPSPs (Art 31C).

Art 52–62. Elected by Electoral College (elected members of both Houses of Parliament + elected members of State Legislative Assemblies). Single transferable vote with proportional representation. Term: 5 years, can be re-elected. Removed by impeachment (Art 61) — both Houses, 2/3 majority + special notice.

Executive Powers: All executive actions in name of President. Appoints PM, ministers, governors, judges of SC/HC, CAG, Election Commissioners etc.

Legislative Powers: Summons/prorogues Parliament, addresses joint session, can dissolve Lok Sabha on PM's advice, gives assent to bills.

Emergency Powers: Declares National Emergency (Art 352), President's Rule (Art 356), Financial Emergency (Art 360).

Veto Powers: Absolute veto (withholds assent), Suspensive veto (returns bill — except money bills), Pocket veto (takes no action). President has NO veto over Constitutional Amendment Bills.

Art 74, 75. PM is head of government (real executive). Appointed by President — leader of majority party in Lok Sabha. Council of Ministers collectively responsible to Lok Sabha (Art 75). Three tiers: Cabinet Ministers, Ministers of State, Deputy Ministers. Cabinet — most powerful inner body. PM chairs Cabinet. Principle of Collective Responsibility — all ministers resign if Cabinet loses confidence. Individual Responsibility — minister responsible for own ministry. Article 78 — PM communicates between President and Cabinet.

Parliament = President + Rajya Sabha + Lok Sabha.

Rajya Sabha (Upper House / Council of States): Max 250 members (238 elected + 12 nominated by President for art/literature/science/social service). Permanent body — never dissolved. 1/3 members retire every 2 years. Chairman = VP of India (ex-officio). Current strength: 245.

Lok Sabha (Lower House / House of People): Max 552 members (530 from States + 20 from UTs + 2 Anglo-Indian nominated — nomination provision removed by 104th Amendment 2020). Elected for 5-year term. Speaker elected by members. Money bills originate only in Lok Sabha. Quorum — 1/10th of total membership.

Sessions: Budget Session (Feb–May), Monsoon Session (Jul–Aug), Winter Session (Nov–Dec).

Question Hour — first hour of every sitting; 3 types of questions (starred, unstarred, short notice). Zero Hour — after question hour; members raise urgent public matters (no advance notice, not in rules). No-Confidence Motion — only in Lok Sabha (not Rajya Sabha); if passed, government falls. Censure Motion — against a specific minister. Adjournment Motion — to adjourn business to discuss urgent matter. Calling Attention Motion — member calls minister's attention. Cut Motion — against demands for grants. Guillotine — remaining demands voted without discussion. Joint Sitting (Art 108) — called by President for deadlock; presided by Speaker.

Art 124–147. Established 1950. Sits at New Delhi. CJI (Chief Justice of India) is head. Total judges = CJI + 33 judges (increased over time). Appointed by President after collegium consultation. Retire at 65 years. Removed by impeachment — both Houses, special majority + proven misbehaviour.

Jurisdictions: Original — Centre vs State, State vs State disputes (Art 131). Appellate — appeals from HC in civil/criminal/constitutional matters. Advisory (Art 143) — President can refer questions of law/fact; SC's opinion not binding. Writ (Art 32) — enforcement of FRs. Judicial Review — power to declare laws void if unconstitutional. Doctrine of Basic Structure — Kesavananda Bharati (1973) — Parliament cannot alter basic structure of Constitution.

Three Lists (7th Schedule): Union List (List I) — 97 subjects; Parliament legislates (defence, foreign affairs, banking, currency, railways). State List (List II) — 66 subjects; State legislature (police, public order, agriculture, public health). Concurrent List (List III) — 47 subjects; both can legislate (education, forests, trade unions, marriage, electricity) — in conflict, Central law prevails. Residuary Powers — with Parliament (unlike USA where with states). Inter-State Council (Art 263) — coordinate between Centre & states. Finance Commission (Art 280) — distributes tax revenues between Centre & states.

Three types of Emergency:

1. National Emergency (Art 352) — On grounds of war, external aggression, armed rebellion (earlier 'internal disturbance'). 'Armed rebellion' inserted by 44th Amendment. Proclaimed by President on Cabinet's written advice. Approved by Parliament within 1 month by 2/3 special majority. In force for 6 months, extendable. Effect: Centre gets power over State List; FRs under Art 19 suspended; President can legislate for states. Imposed 3 times: 1962 (China war), 1971 (Pakistan war), 1975–77 (Internal Emergency — Indira Gandhi).

2. President's Rule (Art 356) — State constitutional machinery fails. Proclamation valid 2 months without Parliament approval; then 6 months extendable to max 3 years (with conditions). Governor administers state in President's name. S.R. Bommai Case (1994) — floors test before dissolution of state assembly.

3. Financial Emergency (Art 360) — Threat to financial stability/credit. Never imposed in India. Centre can direct states on financial matters, reduce salaries of govt officials including judges.

Election Commission (Art 324) — Independent body; oversees elections to Parliament, state legislatures, President & VP. CEC & Election Commissioners appointed by President; CEC removed like SC judge. CAG (Art 148) — Comptroller & Auditor General; audits accounts of Union & States; removed like SC judge. UPSC (Art 315) — Conducts civil services exams; advisory body to Centre. Finance Commission (Art 280) — constituted every 5 years; recommends tax sharing between Centre & states. National Commission for SCs (Art 338). Attorney General (Art 76) — govt's chief legal adviser; appears in SC on behalf of govt. Solicitor General — second law officer (not mentioned in Constitution).

1st (1951): 9th Schedule, land reforms protection. 7th (1956): Reorganisation of states on linguistic basis. 24th (1971): Parliament can amend FRs. 42nd (1976): Mini-Constitution — added Preamble words (Socialist, Secular), added Fundamental Duties, DPSP made superior to some FRs, tenure of Lok Sabha/assemblies extended to 6 years (reversed by 44th). 44th (1978): Restored 5-yr term, removed Right to Property from FRs, 'Armed rebellion' in Art 352. 52nd (1985): Anti-Defection Law (10th Schedule). 61st (1989): Voting age reduced 21→18. 73rd & 74th (1992): Panchayati Raj & Urban Local Bodies given constitutional status. 86th (2002): Right to Education (Art 21A). 101st (2016): GST introduced. 103rd (2019): 10% EWS reservation. 104th (2020): Extended SC/ST reservation in Parliament; ended Anglo-Indian nominated seats.

Art 12–35: Fundamental Rights. Art 14: Equality before law. Art 17: Abolition of untouchability. Art 19: 6 freedoms. Art 21: Right to life. Art 21A: Right to education. Art 32: Right to constitutional remedies (heart & soul). Art 44: Uniform Civil Code. Art 51A: Fundamental Duties. Art 74: Council of Ministers. Art 110: Money Bill definition. Art 123: Presidential Ordinance. Art 124: Supreme Court. Art 148: CAG. Art 214: High Courts. Art 226: Writ jurisdiction of HC. Art 243: Panchayats (73rd Amendment). Art 280: Finance Commission. Art 312: All India Services. Art 324: Election Commission. Art 352: National Emergency. Art 356: President's Rule. Art 360: Financial Emergency. Art 368: Amendment procedure.

Originally 8 schedules; currently 12 schedules. Key ones: 1st: Names of States & UTs. 2nd: Salaries of President, judges, CAG, Speaker etc. 3rd: Oaths & affirmations. 5th: Provisions for Scheduled Areas & Tribes. 6th: Autonomous District Councils (NE states — Assam, Meghalaya, Tripura, Mizoram). 7th: Three lists (Union, State, Concurrent). 8th: 22 official languages. 9th: Laws protected from judicial review (1st Amendment). 10th: Anti-Defection Law (52nd Amendment). 11th: Panchayat subjects (73rd Amendment, 29 items). 12th: Municipality subjects (74th Amendment, 18 items).

Vice President (Art 63–67): Elected by both Houses of Parliament (no state assemblies). Ex-officio Chairman of Rajya Sabha. Acts as President when office vacant. Governor (Art 153–162): Constitutional head of state; appointed by President; holds office at President's pleasure; not directly elected. Speaker of Lok Sabha: Elected by members; casts deciding vote (casting vote) in case of tie; presides over joint session. Pro-tem Speaker: Appointed by President to administer oath to new members before Speaker is elected. Deputy Speaker: Elected by Lok Sabha; presides in Speaker's absence.

Shankari Prasad (1951): Parliament can amend FRs. Golak Nath (1967): Parliament cannot amend FRs (overruled later). Kesavananda Bharati (1973): Doctrine of Basic Structure — Parliament can amend Constitution but not its basic structure. Maneka Gandhi (1978): Art 21 expanded — procedure must be just, fair, reasonable. Minerva Mills (1980): Balance between FRs and DPSPs; judicial review is basic structure. S.R. Bommai (1994): Limits on Art 356 misuse; federalism is basic structure. Vishaka (1997): Sexual harassment at workplace guidelines. Puttaswamy (2017): Right to Privacy is a fundamental right under Art 21.