va

asta
Polity
n Sr i v
m a
A
 Indian Polity

va
ta
Terms:
Constitution:- Collection of basic principles with which country is
governed.

v as
i
↓
For Governance
↓
Sr
↓
an
Law is formed - (It is as per basic principle)

m
Government has to be as per law.

A
Seperation of powers: In political systems, there are three powers.
Executive:- Governs the country : with the help of law.
Legislative:- makes this law;

va
ta
Judiciary:- adjudicates this law (helps prevail the justice)

v as
Policy :- Law is made by policy.
↓

Sr i
Govt. made this policy.
↓
When comes in parliament : Bill

an ↓
It is being discussed.

A m ↓
Voting is done for this in the Parliament.
↓
It goes to President. : [ACT]
Distribution of powers:→ Is between different governments
→ There has to be Union List : UG / Parliament.

va
→ State List : State Legislature / State Government.

ta
→ Concurrent List : Union Govern./ Parliament

v as State Govern./ State Legislature

→ If conflict occurs:-

Sr i Law of parliament will prevail.

an
A m
 va
asta
Sr i v
an
Am
Framing of constitution:

Lucknow.
va
→ In 1956, Motilal Nehru demanded making of constitution in

as ta
→ British came with the idea of constitution in August offer.
→ In Cabinet Mission, 1946. It was clearly mentioned.

Provinces
↓
S i v
Constituent Assembly:

r
States
↓
Elected
↓
an Nominated

A↓
m
By (members of provincial councils)

→ Party elected & party Nominated.

→ First meeting of constituent assembly was on Dec 9, 1946
First meeting : Delhi
CA : Provisional President : Sachidanand Sinha.
va
as ta
Dec 11, 1946 : R. Prasad : Permanent President of CA.
→ Dec 13, 1946 : CA : Objectives Resolution (Jawaharlal Nehru)

Sr i v ↓
CA : members divided into committees
↓

an Each is given a subject.

↓

A
Not
member
of CA
m Given Reports
All these reports were forwarded to
B.N. Rau (Advisor to CA)
↓
15 Aug., 1947

a
CA → Making of constitution → R. Prasad.
|

ta v
→ Provisional Legislation → G.V. Mavlankar.

v as
(making law) ↓
First Speaker of Lok Sabha:

r i
CA : appointed Drafting committee on 29th Aug., 1947.

S
Chairman : Dr. B.R. Ambedkar and 6 others.

Father of
an the

m
constitution

A
Architect of the
constitution.
or
 Feb 1948 → Draft Constitution : CA
↓
va
as
discussion
↓
ta
26th Nov., 1949

Sr i vPartly Enforced The constitution of India

whole constitution was enforced on 26th Jan, 1950.

an ↓
Commencement of constitution

A m ↓
Fully enforced on entire territories of India.
It contains 22 parts & 8 schedules. (Originally)

a
Amendments : 25 parts / 12 schedules. (Now).
(संशोधन) Total No. of Articles = 395
Salient features of constitution:-

ta v
v as
→ ‘Borrowed constitution’:- It is called borrowed because various
features have been taken from constitution of other working

r i
countries. (Govt. of India act, 1935)

S
n
Written constitution:
↓

m a
Constitution is more important than other organs.

A ↓
Supremacy of the constitution. (Parliament can allow only that law
allowed in constitution)
Unwritten → Evolved over period of time.

a
↓
Parliament > Constitution
v
UK / NZ → unwritten

ta
constitution
↓

v as
Supremacy of constitution.

Sr i
→ Our constitution is flexible as well as rigid.
↓ ↓

n
can be amended same provisions

m a under Article 368 can never be amended

↓

A SC : Basic structure
can never be changed.
→Fundamental rights**

va
ta
↓
will remedy in case of violation.

as
→ Establishes independent Judiciary with a power of

v
i
Judicial review. (any policy can be reviewed in the courts)
↓

Sr
Most important of supreme court.

an
A m
Constitution establishes Quasi-Federal system.

(Partly)

a
* Always distribution of powers

v
between union govt. & state govt.

ta
→ Our constitution

→ Unitary Bias

v as
has centralised tendency.
Sa
Sa
Union list (Less power)

i
Ua
↓

Sr
Tries to resolve distributive
mode & tries to adopt unitary
Sa
State list (more power)

govt.

an * There is double citizenship.

* Citizenship of state and country.

A m * Always be authority of courts.

(to solve conflicts between various State Govt.)
(America - Role Model of Federal Govt.)
*Our constitution has union list.
More powerful than state list.
(Since our country has lot of diversification.)
 a
“In the constitution the phrase Quasi - Federal system is not
defined.”

ta v
The preamble has been amended only once 42nd amendment act

as
1976 to the constitution based on objectives Resolution.
→ contains Ideals / aspirations of people of India.

v
Sr i ↓
who fought freedom struggle.

n
→ Summer/Introduction/Philosophy of the constitution.

m a
***→ has been amended once only by 42nd constitutional
amendment act, 1976.

A
↓
Three words are added ‘socialist, secular & Integrity’.
 va
- Supreme court : part of the constitution** → Preamble
* Preamble helps us in interpretation of constitution.
↓

as
(basically a guideline)
ta
↓

Sr i v
Preamble says constitution of India is given to the people by
people themselves.
↓

an
Democracy (People are real rulers)

A m
Preamble:
Ideals & Aspiration:

va
ta
We the people of India having solemnly resolved to constitute India

v as
into a sovereign - free from external control.
Socialist → welfare of All

i
(common is method of establishing socialism)

Sr
Secular → There is no state religion (All religions are same.)
Democratic → Govt. of country is run by representative of people.

an
Republic → Head of the state comes by election (president) and to

m
secure to all its citizen.

A
Justice, Liberty, Equality, Fraternity, Unity & Integrity.
↓
Fairness
↓ ↓
Freedom Absence of
↓
Brotherhood
↓

v
Oneness
a ↓
Emotional
In
parliament
↓
↓
discrimination

as
↓
assuming dignity
ta Oneness
मुकता और अखंडता

v
(social, (of thought (of status of individual
economical,
political)
r i
expression

S
belief, faith
& worship)
and of opportunity & unity & integrity
& to promote army
them all
of nation

an
In the constituent assembly, the twenty sixty day of november 1949 do they adopt,

m
erect & give to ourselves the constituent.

A
Part I of constitution : India & its union (Art. 1-4)
Art. 1 - India that is Bharat shall be a union of states.
(Federation of states.)

va
ta
(State cannot secede away from union.)

s
Art. 3 → Parliament can increase/decrease the areas of states.

r i a
→ It can alter the boundaries of states.

v
→ It can change the name of state (s).
(whenever this is done; we should short a Bill : recognition of president.

n S ↓
Sent to state (s) conceshed

m a ↓
To open views of states

A ↓
are not Binding on parliament
(procedural rights)
Art. 1 + Art. 3 → “India is an Indestructible union of destructible states.”
Part III : Fundamental rights (Art 12-35) (in our own country)
↓

va
ta
Bill of rights (USA)

s
→ Those basic rights which are considered very essential for the overall

i
→ Judiciable rights:

r v a
development of an Individual.

↳ So important that they cannot be violated,

(Human rights are
Applicable all over

n SIt violated to apply them

directly supreme court can be reached.
world)

m a
→ can be suspended or restricted.
→ Available against Executive & Legislature.

A (govt. Cannot take by & parliament cannot violate it.)

Rights to equality : (Art 14-18) Art. 12 - ‘state’
(gives an extended significance to

determine on whom the responsibility has to be placed.)

va
the term ‘state’. What bodies fall under the definition of a state so as to

s
Art. 14 → State shall not deny two things

a ta
v
* equality before law. (law equal for all)

Sr i
* equal protection of law (law should be such whatever
Interpretation taken from it should be

n
(O O) applied to group & not

m a
Positive discrimination
“Like should be treated alike.”
to others)
(For ex. Income tax)
↓

A applied more on
rich
less on poor.
Art. 15 → State shall not discriminate on the basis of religion,
↓ race, caste, sex etc.. but state can make.
Women Special provisions for women & children.

va
ta
Reservation → State can make special provision for socially &

s
act Educationally backward classes. (15(3), 15(4) are exception to 15-1)

state.

r i a
Art. 16 - There shall be equality of opportunity in the methods of employment under the

v
No discrimination on the basis of religion, race, caste, sex etc..

n S
However special provisions for backward classes.
Art. 17 - Abolition of untouchability.****

m a
Art. 18 - Abolition of titles -**
→ No title shall be conferred by the State.

A
→ No Indian can accept any title from a foreign state.
However educational & miliatary achievements are not titles for the meaning of art. 18.
1954 : Bharat Ratna SC says Bharat ratna & Padma
Padma Award are not awards & Honours.
Rights to Freedom → (Art. 19-22)
Arti. 19 : (1) Six basic freedoms
(2) - (6) - restrictions on these freedoms.

va
Expressing views of others

ta
↑

s
Art. 19 (1) (a)** Freedom of speech and expression, press

r i v a
19 (1) (b) to assemble peaceably and without arms
↓
It is inferred from const.

n S
19 (1) (c) Freedom of form association - Trade union**
(Fundamental right)

m a
19 (1) (d) Freedom of movement throughout the territory of India.
19 (1) (e) Freedom of settlement

A
19 (1) (f) Right to hold property*** - deleted - by 44th / 1978
↓
Article 300 A - We can go under district count first
Art. 19 (1) (g) Right to follow profession of one’s choice.

Art. 20 : prohibits

va
ta
- Ex Post facto criminal legislation

v as
↓→ No criminal law can be given force from a back date i.e. a person
can be punished only as per the law existing (or) as defined on the day
of crime.

Sr i
Art. 20 (2) - Double Jeopardy - A person cannot be punished more than

an
once for an offence.
(3) - Self-Incrimination of Evidence - A person cannot be forced to

A m
act as witness against himself but for the purpose of investigation state can
obtain various evidences like fingerprints, blood samples etc.
- This article is not suspended even in the time of emergency.
*** Article 21 - No person can be deprived of his life and person

a
liberty except according to the procedure established by law.
Right to life

ta v
Our constitutions is based on procedure

s
established by law.

a
→Most inferred article in {lot of conclusions drawn to this}

Sr i v
the constitution.

Right to primary Education is equivalent to right to life.

n
↓ (Mohini Jain Vs state of Karnataka)

m a
Art. 21 A Right to Education for the children between age
of 6-14 years.

A
added by 86th amendment 86th/2002
Act, 2002. ↑
↓→→ Right to Education Act.
- This article cannot be suspended in the time of emergency.
Article 22 → preventive detention.

a
punitive detention - punishment for the crime done.

ta v
→ Punishment for the suspicious actions to be done in future
by the future by the people (Violation of article 21)

v as
→ for 3 months only.
↓

r i
(If extended for 1 year, then authorised by court not less than

S
High court)

an
1980 : National Security act
1985 : Terrorist and disruptive Activities act : (TADA)

A m repeated in 1995.
Dec, 2001 - Attack on parliament.
2002 - Prevention of terrorism act (POTA)
repeated in 2004.
Rights against exploitation :- (Art. 22, 24)

va
Art 23 : Prohibits forced labour or any kind of bonded labour.

ta
*** Except duties for society.

s
* Election Duty :

r i a
Polio programmes: Duties for society.

v
**Art. 24 : Prohibits child labour.

S
No child can be employed below 14 years in factories / mines or
engaged in any other hazardous employment.

an
Rights to freedom of religion (Art. 25-28)

m
Art. 25 - Right to conscience (Individual)
In practise the

A
- Right to profess. Religions of one’s choice.
procedures in
his religion. - Right to practice.
- Right to propagate →→ for benefit of people person can
also spread his religion.
Conscience - Right to understand god’s existence by his own views.

a
Profess - Declare his religion.
⇗ more than one (grp of people)

ta v
Art. 26 → every religious group a right to establish and maintain

v as
institutions for religious and charitable purposes, manage its affairs,
properties as per the law.

r i
(For group) (Persons belonging to same religion can form group or

S
society ex. Aligarh Muslim University)

an
Art. 27 - State shall not raise any tax in the name of religion.
No public money can be used for supporting.

A m One particular religion. (Haj pilgrimage / Amarnath Yatra)

Art. 28 - No religious instructions can be imported in any government
institution. (religious education is not allowed in govt. school.)
Cultural and Educational Rights (Art. 29, 30)

va
ta
Art. 29 → Every group having distinct language, script or culture of its

v as
own shall have the right to conserve the same. (If any language is on

i
verge of vanishing, then state

Sr
- can promote such language, script or culture)

an
Art. 30 - Every religious and linguistic minority shall have the right to
establish and maintain educational institution. All such institutions are

A m
called minority status institutions. (In our constitution, religion
& language are mentioned)
 Rights to constitutional Remedies (Art. 32)

a
Art. 32 - In case of violation of fundamental right the person can

v
ta
approach supreme court directly.

v as
- The SC shall issue orders including WRITS in the regards.

Sr i
Heart and Soul of part - III
of constitution. → Dr. B.R. Ambedkar.

an
WRITS : Five in Number.
(1) WRITS of Habeas corpus

A m ↓
Physically before the court.
- issued against unlawful detention of a person.
(2) Mandamus : ‘Command’ (कड़ा आदे श)

va
- Issued against those public officers who do not fulfil their

ta
public duties.

as
- It cannot be issued against President and Governor.
(3) Prohibition (forbid) (stop from) (Intra court WRIT)

v
Sr
to stopi
- Issued from a superior court to an inferior court in order
that court from working.

n
On a case outside its jurisdiction.

m a
(4) Certiorari: ‘Informed’ (सू चत कया जाता है )
- Issued from superior court to an inferior court in order to quash the

A
a case outside in jurisdiction.
(5) Quo warranto
→ By what Authority

va
- Issued against those who occupy a public office unlawfully.
Amendability of FRs. (when FR can be amended?)

as
Art. 13 - No law can abridge a Fundamental right.
ta
r i v
(cannot be amended)
Art. 368 - parliament can amend the constitution.

S
an
25th amendment / 1971 : parliament said:
- we can amend the whole constitution including Fundamental right.

A m
 ***1973 - Keshvanand Bharti Vs state of Kerala.
SC said :
va
FRS are amendable but amendment of parliament shall
not

as
amend any feature of
ta
v
Fundamental

i
‘Basic structure of the constitution.

r
rights case.
If done your amendment will be held as Null & void.

-
n S
Free and fair Election * FRs are Justiciable.

m
-
-a Secularism
Judicial Review

A - Rule of law.
 a
Part IV : Directive Principles of State Policy. (Art 36-51)

- It is a set of suggestions for policy makes

ta v
Art36/37/38 (Ireland) / GOI act, 1935 : Instrument of Instructions.

Non Justiciable

v as
- While making policy : ollow these DPS : these are welfare oriented.

Sr i
- Basically socio - economic rights

n
- On full implementation of three rights, state will become welfare state.

a
A m
Art. 39 → State shall make policy in such a way that there are
(a) adequate means of livelihood for all.
(b) Material resource are used for greatest common good.
 (c) No concentration of wealth in few hand.
(d) Equal pay for equal work.
va
s
Art. 39 A : Equal Justice and free legal aid.

a
Art. 40**** : Organisation of panchayats. ta
r i v
1957 : Balwant Rai Mehta committee.
-
S
It can be three tier system

an* village panchayat

A m * panchayat samiti
* Zila parishad
1959 : First panchayat

va
as
Panchayati Raj System Nagaur (Rajasthan)
(Narsimha Rao Govt.) ta
(Rural Local Government)

Sr i v
73rd/1992 : added part IX as : panchayats
Schedule XI : List of panchayats : 29 subjects.
74th/1992 : part IX A : Municipalities.

an Schedule XII : List : 18 subjects.

m
(Urban local government)

A
 a
Art. 41 : Right to work subject to economic capacity of state.
→ MGNREG ACT

ta v
(Mahatma Gandhi National Rural Employment Guarantee)

as
Art. 44 : Implementation of Uniform civil code.

v
i
Art. 45 : Care and education for children upto age

r
of 14 years.

S
Art. 21 A

an
A m
Right to Education Act
→ Mid Day meal care
- By 86th / 2002 → 6 years
and scientific lines.
va
Art. 48 - organisation of agriculture and animal husbandry on modern

1965 - Green Revolution - C. Subramaniam

as ta
Sr i v - Food minister in
Lal Bahadur Shastri Govt.
→ run by M.S. Swaminathan (Eminent Indian Scientist)

an In field of agriculture

m
→ Norman Burlong - American scientist

A - Father of Green Revolution

 a
**Art. 48 A - protection of wildlife, forest and environment.

v
ta
Art. 51 - Promotion of International peace.

s
- UNO / peace keeping forces.

r i a
1954 - Panchsheel - with China.

v
SC once remarked : If we are implementing principles and if

n S
fundamental rights are being violated while implementation DP, then
try to implement them simultaneously. It problem still persist the more

a
importance to FR is given. (except few)

m
A
 a
Part IV A) 42nd Amendment act, 1976 as Fundamental Duties.

v
Art. 51 A)10 + 1
↓
as
: Duties
ta
→ Respect toward flag.
→

From USSR

Sr i v
86th/2002 → sending children to school etc.
(related to Education)

an
A m
President : Prime Minister
- Head of the state.

va
- Head of the government

ta
- Nominal powers - Real executive

v s
(presidential form of Govt.

a
ex. American Govt.) parliamentary form of govt.

Sr i संसदीय प्रणाली
* India follows parliamentary form of Govt.

an
A m
Art. 52: There shall be - President.

va
Art. 54 → Who shall be elected by electoral college comprising.
↓
tells
voters for - all elected MPs

a
election
s + all elected MLAs ta
India is

Sr i v
of + ↓MLAs of Delhi + Pondicherry
Republic President (Members of Vidhan Sabha
(electoral college)

n
+ Rajya Sabha) (Anglo-Indian are

m a not eligible)

A
Article 61 - Removal of president : Impeachment:

a
- Ground : violation of constitution

ta v
- Method :resolution of removal can be introduced in either house.
- 14 days notice is sent to president by the initiating house.
↓

v as
i
Signed by ¼th of the total member.

Sr
- The house votes on it, it requires special majority for
its passage. (2/3 rd of total)

an
- If passed, it is sent to other house. In this house,

m
President is allowed to put forward his defence.

A
- If this house also, if it passes it by Special majority, the president
is removed from his office.
→ So far, Article 61 has never been initiated.
Powers of President :-
- All executive actions of Union in the name of President.

va
- He is also called ‘Supreme commander of Armed forces’.

ta
(in war, all treaties are signed in the name of
President)

v asChiefs of all three forces report to her)

r i
- Addresses both houses togethers on two occasions.

S * First day of first session (Budget session)

He can call

an
Joint ssession)
*New Lok Sabha is formed ↓
Address of the president

A m
- Pardoning power.
↓
Motion of thanks
↓
(only president can make
- can issue an ordinance if the houses are not in session.
↓

va
ta
(law made by president)

s
→ Such an ordinance should be passed by both the houses.

i a
within six weeks of the reassembly of the house.

v
If not passed, it shall Lapse at the end of such period

r
n S
m a
- Election for - the office of president should be completed before the
end of tenure of the outgoing president.

A
In case of vacancy, the election should be completed within 6 months
of the occurrence of vacancy.
(V.P. of India act as president for 6 months)
- Oath of office shall be administered by CJI (chief justice of India)
If not present, the senior most judge of SC.

va
ta
- Salary etc. is decided by parliament and is charged upon

v as
Consolidated Fund of India (CFI).
- only Rajendra Prasad remained president for two tenures.

r i
- Zakir Hussain and ‘F.A. Ahmad’ died in office.

S
- In 1977, ‘Neelam Sanjiv Reddy’ was elected unopposed. He had

an
earlier served as speaker of Lok Sabha (twice).***
- In 1997, in the election of ‘K.R. Narayanan’ the MLAs of Delhi P’chery

m
participated for the first time.

A
Vice President:

a
Art 68 :- There shall be a V.P. Who shall be ex-officio chairman of Rajya

v
ta
Sabha.

s
- May act as President, while doing so, he enjoys all the powers &

r i v a
privileges of the President & shall not act as chairman of Rajya Sabha.

S
Elected by an Electoral college comprising all MPs of LS and RS only

n
and not of MLAs.

m a
Qualification
|--→ Indian citizen

A
- (3) Similar. ---→ 35 years of age
|--→ No office of profit
- should be eligible to become member of Rajya Sabha.
Tenure:
- may resigne to president.

va
s
passed by effective majority after

a ta
- may be removed by member of Rajya Sabha on a resolution

Sr i v ↓
A 14 day notice.
- agreed upon by Lok Sabha.

an
A m
→ - In case of vacancy in office of VP, the election shall be completed
as early as possible.
- Oath is administered by President.

va
ta
- Salary etc. decided by Parliament & is charged upon CFI.

v as
- He gets salary for being chairman of Rajya Sabha as there is no
function for the post of V.P. in the constitution.

r i
Salary of VP = salary of speaker of Lok Sabha

S
-Rajya Sabha

an
- In case of vacancies in both offices, the chief justice of India shall act
as President. 1969

A m ↓
CJI - M Hidayat-Ullah
V.P.
Leader of the House - The leader of ruling party in House is called leader
of the House.
3.) Judiciary :-

va
ta
- Integrated system (courts govern courts)
- Highest court is Supreme court.

as
- SC is called ‘Guardian of the constitution’

v
i
- Also called final interpreter of the constitution.
provisions

Sr
Art. 124 : There shall be a supreme court comprising chief Justice of India

a
→ 31 Judges.n
and 30 other Judges.

A m
→ Every Judge of Supreme court shall be appointed by President in
constitution with CJI who consult 4 senior most judges of SC.
It is called collegium. (CJI + 4 Judg.)
- retirement : 65 years
Qualifications:

a
- citizen

ta v
- At least 5 years of experience as Judge in High Court.
or : at least 10 years of experience as Advocate in High Courts.

v as
or : The person is distinguished Jurist. (professors of law)
Removal of SC Judges :-
→ Art. 124 (4)

Sr i
- Grounds - Proved misbehaviour

an - In capacity to act as Judge.

→ By a method in which the resolution can be introduced in either house

-
A m
Final order shall be signed by President.
→ 1993 : V. Ramaswami
(not passed)
Other Judges:
Adhoc Judge:

va
ta
- In case of lack of quorum in SC (not 36)

as
The CJI with previous permission of President and in constitution
with Chief Justice of High Court can direct a Judge of that high

v
r i
court to work as Judge of Supreme court for temporary period.

S
Retired Judge:

an
- In case of increased workload, the CJI with the previous
permission of the President may request a retired SC or HC Judge

A m
to work as Judge of SC for a temporary period.
Jurisdictions:
Original Jurisdictions:
↓
va
- Cases : exclusively for SC.

as
- Cases between Union govt. & state govt. ta
Sr i v State govt. & state govt.
Appellate Jurisdictions:
- By appeal on Judgement of HC.

an
Advisory Jurisdictions:

m
- SC may give advice to government on a presidential reference.

A
1998 : Art. 124 (2) : CJI + 4 Judges.
→ Until now 14 PRS has been sent to SC