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Indian Polity

Indian Polity

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Published by kkrrkumar
Indian polity describes about article, parts and schedules of Indian constitution framed at the time of its independence
Indian polity describes about article, parts and schedules of Indian constitution framed at the time of its independence

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Published by: kkrrkumar on Feb 18, 2009
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05/25/2013

 
The Polity
Chapter 3
The Polity
INDIA, a Union of States, is a Sovereign Socialist Secular DemocraticRepublic with a parliamentary system of government. The Republic isgoverned in terms of the Constitution, which was adopted by ConstituentAssembly on 26 November 1949 and came into force on 26 January 1950.The Constitution which envisages parliamentary form of governmentis federal in structure with unitary features. President of India is constitutionalhead of executive of the Union. Article 74(1) of the Constitution providesthat there shall be a Council of Ministers with the Prime Minister as headto aid and advise President who shall in exercise of his functions, act inaccordance with such advice. Real executive power thus vests in Councilof Ministers with Prime Minister as head. Council of Ministers is collectivelyresponsible to the House of the People (Lok Sabha). Similarly, in states,Governor is head of executive, but it is the Council of Ministers with Chief Minister as head in whom real executive power vests. Council of Ministersof a state is collectively responsible to Legislative Assembly.The Constitution distributes legislative power between Parliament andstate legislatures and provides for vesting of residual powers in Parliament.Power to amend the Constitution also vests in Parliament. The Constitutionhas provision for independence of judiciary, Comptroller and Auditor-General, Public Service Commissions and Chief Election Commissioner.
THE UNION AND ITS TERRITORY
India comprises 25 States and seven Union Territories. The States are:Andhra Pradesh, Assam, Arunachal Pradesh, Bihar, Goa, Gujarat, Haryana,Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh,Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Orissa, Punjab,Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttar Pradesh and West Bengal.Union Territories are : Andaman and Nicobar Islands, Chandigarh, Dadraand Nagar Haveli, Daman and Diu, Delhi, Lakshadweep and Pondicherry.CITIZENSHIPThe Constitution of India provides for a single and uniform citizenship forthe whole of India. Every person who was at the commencement of theConstitution (26 January 1950) domiciled in the territory of India and: (a)who was born in the territory of India or (b) either of whose parents wasborn in the territory of India or (c) who has been ordinarily resident inthe territory of India for not less than five years immediately preceding suchcommencement, shall be a citizen of India. The Citizenship Act, 1955 provides
 
The Polity
for acquisition and termination of citizenship after the commencement of the Constitution.FUNDAMENTAL RIGHTSThe Constitution offers all citizens, individually and collectively, some basicfreedoms. These are guaranteed in the Constitution in the form of six broadcategories of Fundamental Rights which are justiceable. Article 12 to 35contained in Part III of the Constitution deal with Fundamental Rights. Theseare : (i) right to equality including quality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth andequality of opportunity in matters of employment; (ii) right to freedom of speech and expression; assembly; association or union; movement; residence;and right to practice any profession or occupation (some of these rights aresubject to security of the State, friendly relations with foreign countries,public order, decency or morality); (iii) right against exploitation, prohibitingall forms of forced labour, child labour and traffic in human beings;(iv) right to freedom of conscience and free profession, practice andpropagation of religion; (v) right of any section of citizens to conserve theirculture, language or script and right of minorities to establish and administereducational institutions of their choice; and (vi) right to constitutionalremedies for enforcement of Fundamental Rights.FUNDAMENTAL DUTIESBy the 42nd Amendment of the Constitution, adopted in 1976, FundamentalDuties of the citizens have also been enumerated. Article 51 ‘A’ containedin Part IV A of the Constitution deals with Fundamental Duties. These enjoinupon a citizen among other things, to abide by the Constitution, to cherishand follow noble ideals which inspired our national struggle for freedom,to defend the country and render national service when called upon todo so and to promote harmony and spirit of common brotherhood amongstall people of India transcending religious, linguistic and regional or sectionaldiversities.DIRECTIVE PRINCIPLES OF STATE POLICYThe Constitution lays down certain Directive Principles of State Policy whichthough not justiceable, are ‘fundamental in governance of the country’ andit is the duty of the State to apply these principles in making laws. Theselay down that the State shall strive to promote welfare of people by securingand protecting as effectively as it may social order in which justice - social,economic and political, shall inform all institutions of national life. The Stateshall direct its policy in such a manner as to secure the right of all menand women to an adequate means of livelihood, equal pay for equal work and within limits of its economic capacity and development, to makeeffective provision for securing the right to work, education and to publicassistance in the event of unemployment, old age, sickness and disablementor other cases of undeserved want. The State shall also endeavour to secureto workers a living wage, humane conditions of work, a decent standard
 
The Polity
of life and full involvement of workers in management of industries.In the economic sphere, the State is to direct its policy in such amanner as to secure distribution of ownership and control of materialresources of community to subserve the common good and to ensure thatoperation of economic system does not result in concentration of wealth andmeans of production of common detriment.Some of the other important directives relate to provision of opportunitiesand facilities for children to develop in a healthy manner, free andcompulsory education for all children up to the age of 14; promotion of education and economic interests of scheduled castes, scheduled tribes andother weaker sections; organisation of village
 panchayats
; separation of  judiciary from executive, promulgation of a uniform civil code for wholecountry; protection of national monuments; promotion of justice on a basisof equal opportunity; provision of free legal aid; protection and improvementof environment and safeguarding of forests and wildlife of the country andpromotion of international peace and security, just and honourable relationsbetween nations, respect for international law, treaty obligations andsettlement of international disputes by arbitration.
THE UNION
EXECUTIVEThe Union executive consists of the President, the Vice-President and theCouncil of Ministers with the Prime Minister at the head to aid and advisethe President.PRESIDENTThe President is elected by members of an electoral college consisting of elected members of both Houses of Parliament and Legislative Assembliesof the states in accordance with the system of proportional representationby means of single transferable vote. To secure uniformity among state
inter se
as well as parity between the states, as a whole, and the Union, suitableweightage is given to each vote. President must be a citizen of India, notless than 35 years of age and qualified for election as member of the Lok Sabha. His term of office is five years and he is eligible for re-election. Hisremoval from office is to be in accordance with procedure prescribed inArticle 61 of the Constitution. He may, by writing under his hand addressedto the Vice-President, resign his office.Executive power of the Union is vested in the President and is exercisedby him either directly or through officers subordinate to him in accordancewith the Constitution. Supreme command of defence forces of the Unionalso vests in him. The President summons, prorogues, addresses, sendsmessages to Parliament and dissolves the Lok Sabha; promulgates Ordinancesat any time, except when both Houses of Parliament are in session; makesrecommendations for introducing financial and money bills and gives assent

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