Quick Revision Module ( UPSC Prelims 2021)

POLITY
BASIC POLITY CONCEPT

Majority and its

Constitutionalism Federalism
application

List of political
topics theories

Features of Political doctrines

constitution

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Constitution and Constitutionalism l.c
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Constitution: lt is a legal document that is the fundamental law of the country having a special sanctity.
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Constitutionalism: Constitutionalism is specific limitations on general State powers to prevent the exercise of
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arbitrary decision-making.
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Constitutional Morality: Steadfast adherence to values and principles enshrined in the constitutlon of India
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Concept of Rule of Law: (AV Dicey): 1. Absence of arbitrary power 2. Equality before law 3. Individual liberties
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Constitutionalism as per SC:

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Rameshwar Prasad Case: Constitutionalism abhors absolutism, lt is premised on the rule of law. ln which
the subjective satisfaction Is substituted by objectivity provided by the Constitution itself.
IR Coelho case: Constitutionalism is a legal principle that requires control over the exercise of governmental
power to ensure that the democratic principles shall not be destroyed.

Constitutional Government Non-Constitutional Government

1. Govt which is elected by public through an election process 1. No elections
2. Head of the state has limited powers 2. Ruler of the country has unlimited powers.
3. Specific tenure for the ruler 3. No ruling limit
Examples: USA, UK, India, Pakistan, etc Examples: Brunei, Qatar. Swaziland, etc

www.visionias.in Vision IAS 1

 Written Constitution Unwritten Constitution
1. Found in legal documents, duty codified 1. Documented but not duly codified.
2. Precise, Definite and Systematic 2. Unsystematic. Indefinite, Imprecise
3. Result of conscious and deliberate efforts. 3. Result of historical developments
Example: USA, France, India Example: Britain.

Forms of government

The presidential system of government is the one in
which the executive is not responsible to the legislature
for its policies and acts, and is constitutionally
independent of the Legislature in respect of its term of
office
The Parliamentary system of government is the one in
which the executive is responsible to the legislature for its
policies and acts.

Features
Parliamentary system (Eg: India, UK) Presidential System (Eg: USA)

Dual executive: Real and Nominal Single executive: Real and Nominal just one

Collective responsibility (Article 74, 75) Non-responsibility

Fusion of power Separation of Power

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Political homogeneity l.c
Political homogeneity not necessary
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Dissolution of lower house Lower house has fixed term

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In India, constitutionalism ensured by Indian constitution which was adopted by constituent assembly of India on 26 November
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1949 and became effective on 26 January 1950. The constitution lays down the framework that demarcates fundamental political
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code, structure, procedure, power and duties of the government institutions and sets out fundamental rights, directive principles,
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and duties of the citizens.

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1. Lengthiest written constitution - 25 parts , 12 schedule and more than 400 articles
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2. Inspiration from various sources - USA (FR) UK(parliament) etc.

3. Mixture of rigidity and flexibility - amendments by special majority and simple majority
4. Federal system with unitary bias
5. Parliamentary form of government
6. Synthesis of Parliamentary sovereignty and judicial supremacy
7. Integrated an independent judiciary - SC , HC , SUBORDINATES COURT
Features of 8. Fundamental rights (A - 12 to 35)
Indian 9. Directive principles of state policy ( A - 36 to 51)
constitution 10. Fundamental duties( A-51A)
11. A secular state ( A-25 to 30)
12. Universal adult franchisee
13. Single citizenship
14. Independent bodies ( CAG,UPSC, ETC.)
15. Emergency provisions(Part 18)
16. Three tire of government

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 Forms of polity arrangement

There are two types of a government - federal government and unitary government

Unitary system : it is a governing system in which a Federalism : it is a system of polity in which power
single central government has total power over all of its is divided between Union and its constituent units i.e.
other political subdivisions. states.

Best examples: UK – Unitary form of Government; In US- Federal Form of Government

Features of Federalism Features of Unitary system

1. Written constitution 1. Single government
2. Multiple level of government 2. Constitution will be written or unwritten
3. Rigid Constitution 3. No division of power
4. An independent judiciary 4. Constitution may be supreme or not may be supreme
5. Dual polity 5. Constitution can be rigid or flexible
6. Division of powers 6. Judiciary maybe independent or maybe not independent
7. Supremacy of Constitution 7. Legislature maybe bicameral or a unicameral
8. Bicameralism

Characteristics of federalism

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1. Two or more levels (or tiers) of government-generally federal (central) and provincial (state) govt.
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2. Each tire has own JURISDICTION in specific matters of legislation, taxation and administration.
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3. The existence and authority of each tier of government is constitutionally guaranteed.

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4. The fundamental provisions of the constitution cannot be unilaterally changed by one level of government. Such changes
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require the consent of both the levels of government.

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5. Courts have the power to interpret the constitution and the powers of different levels of government.
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6. Sources of revenue for each level of government are clearly specified to ensure its financial autonomy.
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7. The federal system has dual objectives: i ) To safeguard and promote the unity of the country ii ) Accommodate regional diversity
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Federalism in India
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(Indian federalism is quasi fedral type having both unitary and federal features)

Unitary features Federal features

1. Residuary power with central government 1. Written constitution
2. State boundary alteration without their consent 2. supremacy of the Constitution
3. Single citizenship 3. division of powers (seventh schedule)
4. All India services 4. independent judiciary
5. Post of governor of states 5. Bicameralism (Rajya Sabha)
6. Integrated audit by CAG
7. Emergency provisions
8. Appointments of High Court judges by President
9. Article 1 - union of state

More features of unitary features reflect tilt towards central government . However SC
in SR Bommai case 1994 held that Federalism is basic structure and part of Indian constitution.

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 Key doctrines in Indian Polity
1. Separation of Power:
The separation of powers is an approach to govern a state. Under it, a state's government is divided into branches, each with separate,
independent powers and responsibilities so that the powers of one branch are not in conflict with those of the other branches.
Theoretically, we may say that the doctrine of SoP is there in India, but it is only between the Executive and the Judiciary.
The PM is a part of the Union Executive. yet it is the PM and the council of ministers who are the real executive because the President has to act
on the aid and advice of the Council of Ministers.
Thus, CoM work in the capacity of both the legislative and executive capacities, which goes against the doctrine of SoP.
Constitutional Provisions:
Article 50-> Judiciary and Executive should be separate
Articles 121, 122-> judicial conduct of SC and HCjudges can not bediscussed in Parliament and State legislatures
Article 361-> President and Governors are not answerable to any court for the exercise and performance of their official duties.
Judicial Pronouncements:
Kesavananda Bharati case: SoP is an integral part of the basic structure of the Constitution
Indira Gandhi vs Raj Narain Case 1975: SC observed that SoP was limited in India.
The SC rejected the NJAC Bill 2014 as it threatened the independence of the Judiciary.

Doctrine of Checks and Balances

Checks and balances is a principle of government under which separate branches are empowered to prevent actíons by other branches and
are induced to share power.

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Checks and balances are applied primarily in constitutional governments.
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They are of fundamental importance in tripartite governments, such as that of the United States. which separate powers among legislative,
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executive, and judicial branches.

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Checks on Judiciary: The judges of SC and HC are appointed bythe executive, but they may be removed only ifthey are impeached by the
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Parliament
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Checks on Executive: The executive is responsible to the Legislature in its functioning.

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Checks by Judiciary on Legislature and Executive: through the tool of Judicial review and using the doctrine of basic structure.
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Doctrine of Basic Structure

It is a judicial Innovation that was propounded in the Kesavananda Bharati case on the 24th of April 1973.
Through this Judiciary put a limitation on the amending powers of parliament so that the basic structure of the constitution can't be amended
under Art 368.
Court held that no part of the constitution was beyond parliament's amending power but the basic structure of the constitution can't be
amended even with a constitutionally amendment act .
The power to amend is not a power to destroy the constitution
The court didn't defìne the basic structure but only listed a few principles as being its part
Several such principles have been propounded by the court from time to time. for example, SR Sommai- Secularism 1994, Judicial
independence and judicial review in L Chandra Kumar case

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 Majority - It is a functional instrument used in Parliament to carry out several businesses like amendment to the
Constitution appointment & removal of officials and working of Parliament.

Simple majority:
which requires not less than 50% present and voting .
Uses
* Passage of ordinary bill and financial bill ,
* passage of adjournment ,
* election of speaker and deputy speaker ,
* approval for president rule and financial rule,
*Censure motions,
*resolutions passed by House of Parliament for
discontinuation of a national emergency ,
* ratification of constitution by state
legislature

Absolute majority: Effective majority:

This means not less than 50% of total This means not less
strength of the house than 50% of (total strength of the house -

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(without subtracting vacancies). Not used vacancies i.e excluding vacancies).
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alone , it is used with other majority Uses
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* This is needed in the removal of speaker,

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deputy speaker, vice-chairman etc.

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Special majority
1. Not less than 2/3 members present and voting (no minimum requirement).
Uses :
* Art 249: Rajya sabha can pass a resolution authorizing the parliament to legislate on a
state subject for more than 1 year.
* Art 312: Rajya can pass a resolution authorizing the parliament to create a new all India
service.
2. Not less than 2/3rd members present and voting with absolute majority. (Art 368)
example removal of a judge of SC / HC / CAG / CEC, approval for continuing national
emergency (in both houses), Art 169: in state assembly seeking to create / abolish vidhan
parishad.
3. 2/3 of total strength of the house. Impeachment of president.
Constitutional Amendment requiring Consent of 50% of states needed
1. On a matter of distribution of executive or legislative powers between center and states.
2. On a matter involving SC and HC.
3. On a matter involving any list in 7th schedule.
4. Representation of states in parliament.
5. On amendment in prodcedure of Election of president.
6. Art 368 itself.

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 Political theories
Liberty - It is the absence of constraints and facilitation to the ability of people to choose ,
believe and act on their potential. It's external construct. It's personal freedom that is granted
to people by external authority. Example - liberty of thought expression , belief , faith ,
expression and worship in Indian constitution.
Liberty are of two type
1. Negative liberty - Also know as liberty from law . It's narrow interpretation. It focuses on
absence of constraints
2. Positive liberty - it's known as liberty by law. It has wider interpretation. It focuses on
facilitation to environment developing full potential of an individual.

Freedom - It is the absence of constraints and facilitation to the ability of people to

freely express themselves and develop their potential. It is the internal construct where
one individual decides his own action. It is the capability of an individual to make decision
without external control.

Republic - Absence of privilege class and political sovereignty with people.

Equality - Absence of special privileges to any section of society and provision of

adequate opportunity for all individuals without any discrimination.

Sovereign - freedom of a country to conduct its own affairs both internally and

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externally.
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Democratic Socialism - Faith in public and private sectors coexistence.

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Secular - Independence of a state action from religious influence. Indian secularism is a

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positive secularism where all religion enjoys equal status.

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Democratic - possession of supreme power by people.

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Parliament democracy - arrangement of government where executive is responsible to

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the legislature for its policies and actions.

Feminist - Feminists are those men and women who believe that many of the inequalities
we see in society between men and women are neither natural nor necessary and can be
altered so that both women and men can lead free and equal lives.

Social justice - Social justice is a political and philosophical theory which asserts that
there are dimensions to the concept of justice beyond those embodied in the principles of civil
or criminal law, economic supply and demand, or traditional moral frameworks.

Rights - These are legal, social, or ethical principles of freedom or entitlement; that is,
rights are the fundamental normative rules about what is allowed of people or owed to
people according to some legal system, social convention, or ethical theory.

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