INDIAN POLITY

RAJ MALHOTRA’S IAS

 INTRODUCTION OF CONSTITUTION
REFERRED SOURCES:
NCERT Books
Class Book Name Chapter No. and Name
Class 8th Social and Political Life Chapter 1: The Indian Constitution
Class 9th Social Science (Democratic Chapter 3: Constitutional Design
Politics –I)
Class 11th Indian Constitution at Work Chapter 1: Constitution: Why and
How
Chapter 9: Constitution as a Living
Document
 INTRODUCTION OF CONSTITUTION
INTRODUCTION:-
➢ Constitution is the supreme law that determines the relationship among people living in a territory
(called citizens) and also the relationship between the people and government.
FUNCTIONS OF THE CONSTITUTION:
To provide a set of basic rules that allow for maximum coordination amongst
members of a society,
Ensuring that no dominant group uses its power against others,
To specify who has the power to make decisions in a society,
It decides how the government will be constituted;
To set some limits on what a government can impose on its citizens,
 INTRODUCTION OF CONSTITUTION
To enable the government to fulfil the aspirations of a society and create a just society.

To give a collective fundamental political and moral identity to its citizens.

EVOLUTION OF THE CONSTITUTION:

➢ In 1928, Motilal Nehru and eight other Congress leaders drafted a constitution for India. In
1931, Karachi session resolution.
➢ Both these documents were committed to the inclusion of universal adult franchise, right to
freedom and equality and to protecting the rights of minorities.
Composition of constituent assembly:
➢ Constituent Assembly (as per Cabinet mission plan). held its first sitting on 9 December
1946.
➢ Its members were elected by indirect election by the members of the Provisional
Legislative Assemblies. Provinces -292 seats and princely states -93.
 INTRODUCTION OF CONSTITUTION
➢ Constitution making took two years and eleven months. Its sessions were open to the press and the public
alike.
➢ Post partition, the number in the Assembly was reduced to 299 of which 284 were actually present on 26
November 1949 and appended their signature to the Constitution as finally passed.
Major Committees Presided by
Union Powers committee J.L.Nehru
Union Constitution committee J.L.Nehru
Provincial Constitution Committee Sardar Patel
Drafting Committee B.R.Ambedkar
Advisory Committee on Fundamental Rights, Minorities and Sardar Patel
Tribal and Excluded Areas
Rules of Procedure Committee Dr. Rajendra Prasad
States Committee J.L.Nehru
Steering Committee Dr. Rajendra Prasad
 INTRODUCTION OF CONSTITUTION
Objectives Resolution
➢ Encapsulating the aspirations and values behind the Constitution was moved by Nehru in
1946. This objective resolution further became the guiding torch for our Preamble.
 INTRODUCTION OF CONSTITUTION
PHILOSOPHY AND KEY FEATURES OF THE CONSTITUTION
The terms Socialist and Secular were added in Preamble by 42nd amendment in 1976.
Federalism
➢ Under federalism, the states are not merely agents of the federal government but draw their
authority from the Constitution as well.
➢ In India, we have governments at the state level and at the centre. Panchayati Raj is the
third tier of government. The Constitution contains lists that detail the issues that each tier
of government can make laws on.
Parliamentary form of government
➢ Government consists of representatives who are elected by the people, i.e. the people of
India have a direct role in electing their representatives.
 INTRODUCTION OF CONSTITUTION
Separation of powers
➢ There are three organs of the Government- the legislature, the executive and the judiciary
and each one exercises different powers; thereby acts as a check on the other organ, thus
ensuring a balance of power.
Secularism
➢ A secular state is one in which the state does not officially promote any one religion as the
state religion.
Fundamental rights
➢ Referred to as ‘conscience’ of our Constitution, protect citizens against the arbitrary exercise
of powers by the State as well as against other individuals.
 INTRODUCTION OF CONSTITUTION
Fundamental duties
➢ Lays down some moral obligations of citizens to help promote patriotism and uphold unity
of India.
➢ Features borrowed from other Constitutions
Name of Countries Borrowed Features of the Constitution
Britain 1. Parliamentary government 2. Rule of Law
3. Legislative procedure 4. Single citizenship
5. Cabinet system 6. Prerogative writs
7. Parliamentary privileges 8. Bicameralism

Ireland 1. Directive Principles of State Policy

2. Method of Election of the president
3. Members nomination to the Rajya Sabha by the President
 INTRODUCTION OF CONSTITUTION
Name of Countries Borrowed Features of the Constitution
Unites States of 1. Impeachment of the president
America 2. Functions of president and vice-president
3. Removal of Supreme Court and High court judges
4. Fundamental Rights
5. Judicial review
6. Independence of judiciary
7. The preamble of the constitution
Canada 1. Centrifugal form of federalism where the centre is stronger
than the states.
2. Residuary powers vest with the centre
3. Centre appoints the Governors at the states
4. Advisory jurisdiction of the supreme court
 INTRODUCTION OF CONSTITUTION
Name of Countries Borrowed Features of the Constitution
Australia 1. Concept of Concurrent list
2. Article 108 i.e. Joint sitting of the two houses
3. Freedom of trade and commerce
USSR (Now Russia) 1. Fundamental duties
2. The ideals of justice (social, economic and political), expressed in the
Preamble.
France 1. Concept of “Republic”
2. Ideals of Liberty, Equality and Fraternity(contained in the Preamble)
Germany 1. Fundamental Rights are suspended during Emergency
South Africa 1. Election of members of the Rajya Sabha
2. Amendment of the Constitution
Japan 1. Concept of “procedure established by Law”
 INTRODUCTION OF CONSTITUTION
AMENDMENT OF THE CONSTITUTION

How to amend Constitution

Simple to ordinary laws by

simple majority. Special majority in both Special majority + half
houses separately (as of state legislatures
Ex-admitting new states, per art.368) (art.368)
changing area of nay state.
 FEDERALISM
REFERRED SOURCES:

Class Book Name Chapter No. and Name

NCERT

Class 10th Social Science –Democratic Chapter 2- Federalism

Politics II)

Class 11th Indian Constitution at Work Chapter 7 - Federalism

 FEDERALISM
Quasi-Federal
A system of government where the distribution of powers between the Center and
the state are not equal. India is a federation with a unitary bias and is referred as a
quasi-federal state because of strong central machinery.
Article 1(1)
Name and territory of the Union
(1)India,that is Bharat,shall be a Union of states
(2)The States and the territories shall be as specified in the First Schedule.
 FEDERALISM
Features of Federal and Unitary form of Government
Federal Form Unitary Form

Written Constitution Flexible Constitution

Dual citizenship Single citizenship

Independent judiciary Integrated Judiciary

Supremacy of Constitution Dependence of States on Union

Government
 FEDERALISM
Features of Federalism
KINDS OF FEDERALISM

'Holding together’ - A large country decides

‘Coming together’ - All the
to divide its power between the constituent
constituent States usually have equal
States and the national government. The
power and are strong vis-à-vis the
central government tends to be more
federal government. Example– USA,
powerful vis-à-vis the States. Example-
Australia and Switzerland.
India, Spain and Belgium.
 FEDERALISM
Official Language
Our Constitution did not give the status of national language to any one language. Hindi
was identified as the official language along with English. But Hindi is the mother tongue
of only about 40 per cent of Indians. Therefore, there were many safeguards to protect
other languages (schedule 8). States too have their own official languages.
Article 352- National,356-State,360- Financial Emergency.
Article 356 (President’s Rule)
Empowers the President to withdraw from the Union the executive and legislative powers
of any state “if he is satisfied that a situation has arisen in which the government of the
state cannot be carried on in accordance with the provisions of the Constitution”.
 FEDERALISM
Federalism In India

India, a melting pot of cultures, with its huge geographical territory needed a system of
governance which was unique, to suit its heterogeneous society. The framers of the
Constitution realizing this framed a structure appropriate for governance. Indian polity is thus,
neither unitary nor federal, but is considered to be ‘Quasi-Federal’ (K. C. Wheare) i.e. it contains
provisions of both forms of government.

Three-tier system

Constitution originally provided for a two-tier system of government, the Union and the State
governments. Later, a third tier of federalism was added in the form of Panchayats and
Municipalities (73rd and 74th Amendment Act, 1992)
 FEDERALISM
THREE LISTS (SCHEDULE VII)
Constitution of India

Union List Concurrent List

State List
1.Defense 1.Education
1.Agriculture
2.Atomic Energy 2.Transfer of Property other
2.Police
3.Foreign Affairs than Agricultural land
3.Prison
4.War and Peace 3.Forests
4.Local Government
5.Banking 4.Trade Unions
5.Public Heath
6.Railways 5.Adulteration
6.Land
7.Post and Telegraph 6.Adoption and Succession
7.Liquor
8.Airways Ports
8.Trade and Commerce
9.Foreign Trade
9.Livestock and Animal Husbandry
10.Currency & Coinage
10.State Public Services
 FEDERALISM
Residuary powers
➢ Include all other matters not mentioned in any of the Lists, ex-Cyber Laws .
➢ According to Article 2 and 3, formation of a new State
➢ Emergency Provisions (Part XVIII –Art 352 ,356, 360) - During an emergency, power
becomes lawfully centralised.
➢ The Governor has certain powers to recommend dismissal of the State government and the
dissolution of the Assembly.
➢ According to Art. 248, the residuary power of law-making rest with the Parliament.
➢ Art 249 - Occasions where the central government needs to legislate on matters from the
State list. This is possible if the move is ratified (resolution supported by not less than two
thirds of the members present and voting) by the Rajya Sabha.
➢ All India Services (Art 312), common to the entire territory of India and officers chosen for
these services are appointed by the Centre and serve in the administration of the States.
 FEDERALISM
Integrated judiciary
The Judiciary in India although Independent, is integrated. It means that the decisions made by
the Higher Courts (State and Union) are binding on the lower courts. An appellate system is
followed in the country; the highest court of appeal being the Supreme Court of India.
Special provisions
➢ The Constitution has some special provisions for some States given their peculiar social and
historical circumstances, for example - North Eastern States (Assam, Nagaland, Arunachal
Pradesh, Mizoram, etc.) largely due to a sizeable indigenous tribal population with a distinct
history and culture, which they wish to retain (Art 371).
➢ However, these provisions have not been able to stem alienation and the insurgency in parts
of the region. The erstwhile State of J&K had also been granted special status, which was
recently repealed (Article 370).
 FEDERALISM
Conflicts in India’s Federal System
➢ Although Constitution recognises the separate identity of the regions and yet gives more
powers to the centre.
➢ Once the principle of identity of the State is accepted, it is quite natural that the States
would expect a greater role and powers in the governance of the State and the country as a
whole.
➢ Another demand is for financial autonomy.
➢ Third aspect of the autonomy demands relates to administrative powers of the States.
➢ Fourthly, autonomy demands are related to cultural and linguistic issues.Example-
opposition to domination of Hindi as official language in South.
➢ cooperative federation.
 DEMOCRACY
REFERRED SOURCE:
Class Book Name Chapter No. and Name
NCERT
Class 9th Social Science (Democratic Chapter 1- Democracy in the contemporary
Politics –I) world
Chapter 2–What is Democracy? Why
Democracy?
Class 10th Social Science (Democratic Chapter 7- Outcomes of Democracy
Politics –II) Chapter 8- Challenges to Democracy
 DEMOCRACY
DEMOCRACY
Democracy is a form of government that allows people to choose their rulers. In a
democracy: only leaders elected by people should rule the country, people have the
freedom to express views, freedom to organise and freedom to protest.
Monarchy
Dictatorship
Forms of Government Theocracy
Direct
Oligarchy
Democracy
Representative
 DEMOCRACY
Phases in the Expansion of Democracy
➢ The story of modern democracy began at least two centuries ago with French
Revolution of 1789.
➢ In Britain, the progress towards democracy started much before the French
Revolution. But the progress was very slow. Through the eighteenth and the
nineteenth centuries, series of political events reduced the power of monarchy and
feudal lords. British colonies in North America declared themselves independent in
1776.
➢ In the 19th century struggles for democracy often centred round political equality,
freedom and justice.
➢ One major demand was the right for every adult citizen (men or women, rich or poor,
white or black) to vote, ‘universal adult franchise’.
 DEMOCRACY
End of Colonialism
➢ For a very long time most countries in Asia and Africa were colonies under the
control of European nations.
➢ Our country was one of the few colonies where people carried a nationalist struggle
to liberate the country from the colonial rule.
➢ Many of these countries became democracies immediately after the end of the
Second World War in 1945.
Recent phase
➢ The next big push towards democracy came after 1980, as democracy was revived
in several countries of Latin America.
➢ The disintegration of the Soviet Union accelerated this process.
 DEMOCRACY
Democracy at the Global Level
➢ There are various organisation at International level which work as global bodies for
promotion of democracy like- United Nations (UN) which help cooperation in
international law, security, economic development and social equity.
➢ In terms of money the important role is played by IMF and World Bank.
➢ However, these institutions are not as democratic as these seem to be. Example -
Security Council of UN has five permanent members – US, Russia, UK, France and
China and the real power is with five permanent members.
➢ More than 40% of the voting power in the IMF is in the hands of only seven countries
(US, Japan, Germany, France, UK, Italy and Canada).
 DEMOCRACY
Why Democracy?
➢ It is a more accountable form of government since the Rulers have to attend to the
needs of the people (Active political participation by citizens).
➢ Based on consultation and discussion and thus improves the quality of decision-
making.
➢ Considerably transparent (strong opposition, free press) and provides a method to
deal with differences and conflicts amicably.
➢ Based on Political equality (One person, one vote, one value) and therefore
enhances the dignity of citizens.
➢ Accommodation of social diversity.
➢ Allows room to correct its own mistakes through public discussion
 DEMOCRACY
Ways For Political Reforms

➢ Legal ways of reforming politics. Ex- RTI that empowers people to find out
what is happening in government and act as watchdogs of democracy.

➢ Democratic reforms are to be brought about principally through political

practice, qualitative and quantitative political participation by ordinary
citizens.

➢ Proper implementation of laws besides proper policing is must.

 DEMOCRACY
Popular Struggles, Movements and Democracy
➢ Democracy evolves through popular struggles and movements that attempt to influence
politics rather than directly take part in electoral competition. Ex- The Bolivian Water War of
the year 2000 and the Movement for democracy in Nepal in 2006.
➢ Democratic conflict is resolved through mass mobilization.
➢ The conflicts and mobilizations are based on new political organizations, for example,
pressure groups and movement groups.
➢ India has witnessed many people’s movements including Narmada Bachao Andolan,
Movement for Right to Information, Anti-liquor Movement, Women’s Movement,
Environmental Movement etc.
➢ Pressure groups and movements deepen democracy and perform a useful role of
countering this undue influence and reminding the government of the needs and concerns
of ordinary citizens.
 DEMOCRACY
Challenges to Democracy
➢ Constantly changing leadership may lead to instability.
➢ Extreme political competition and power play which reduces scope for morality and
free and fair elections (high corruption).
➢ Large public participation may lead to unnecessary delays.
➢ Election of popular/majoritarian leaders leads to poor decision making and may
undermine minority rights (Majority vs. Minority debate).
➢ Political equality could backfire when citizens are not well-informed.
➢ Democracies are not very successful in reducing income inequalities and poverty.
 DEMOCRACY
Redefining Democracy
➢ Democratic rights are not limited to the right to vote, stand in elections and form
political organizations. Some social and economic rights must be ensured to the
citizens;
➢ Decentralisation and Power sharing, among different organs of Government,
governments at different levels, among social groups and pressure groups, is the
spirit of democracy;
➢ Democracy cannot be the brute rule of majority and a respect for minority voice is
necessary;
➢ Eliminating discrimination based on caste, religion and gender is important in a
democracy;
➢ Expectations of the people decide the future of a nation in a democracy.
 SECULARISM
REFERRED SOURCE:

Class Book Name Chapter No. and Name

NCERT
Class 8th Social and Political Life chapter 2: Understanding
Secularism

Class 11th Political Theory Chapter 8: Secularism

 SECULARISM
SECULARISM
The Indian Constitution allows individuals the freedom to live by their religious beliefs
and practices as they interpret these. In keeping with this idea of religious freedom for
all, India also adopted a strategy of separating the power of religion and the power of
the State. Secularism refers to this separation of religion from the State.

Theocratic State
States lacking separation between religious and political institutions, reluctant to allow
religious freedom to members of other religious groups. Example – Taliban ruled
states
 SECULARISM
SECULARISM – WHY AND WHAT?

NEED FOR SECULARISM

Freedom to
practice, Religious Freedom of To secure Inculcate
propogate and Minority rights thought and equality in progressive
profess any secured expression democracy ideals
religion
 SECULARISM
Religion has some deep rooted problems:
➢ Inequality between genders, performance of rituals by males in Hinduism, temple
entry etc.
➢ Some sections of society continue to face historic, persistent discrimination. Ex-
Dalits, untouchables.
➢ Conservative rituals, which include unsafe/prohibited acts.
➢ Some religions fragment into sects which leads to sectarian violence and
persecution of minorities.
➢ Secularism aims to rid the nation of such disturbances which tag along with
religions all over. The most important aspect of secularism is its separation of
religion from State power.
 SECULARISM
Indian Secularism
Government schools cannot promote any one religion either in their morning prayers or
through religious celebrations. This rule does not apply to private schools.
However in order to respect the sentiments of all religions and not interfere with
religious practices, the State makes certain exceptions for particular religious
communities. For example, a sikh waring turban need not to wear halmet.
 SECULARISM
Promotion and protection of Secularism though Constitutional means:
• India- A sovereign,socialist,
Preamble
secular and democratic republic

• Articles 14- Equlity before low

Fundamental Rights Art. 16(1)- Equality of opportunity in public employment,
Art. 25 to 30- Protection of Minorities

Fundamental • Article 51A-to promote harmony and spirit of common

Duties brotherhood

Directive Principles
• Article 44- Uniform Civil Code
of State Policy
 SECULARISM
Ways to Secure Secular State
Preventing religious discrimination by working towards mutual enlightenment.
Education can help in changing the mindset ,reducing suspicion between
communities.

The State must not become theocratic; it must not be run by heads of any particular
religion. State must not have any formal, legal alliance with any religion; it must never
favour or discriminate one religion from another.

A Secular State must remain committed to higher ideals and goals of universal peace,
harmony, religious freedom and brotherhood.
 SECULARISM
Arguments with respect to Indian Secularism
•Threatens/undermines religious identity.
Anti-religious •However,it undermines only those which are dogmatic,fanatic,
violent etc (e.g. banning untouchability).
•Linked to Christianity and other progressive western ideas
which lay heavy reliance on new reasoning and perceptions
which leads to dilution of Indian religious thought.
Western
Import •However,this is a shallow response as Secularism has both
western (church-state separation) and non western origin
(peaceful co-existence of various religious communities is
important).
 SECULARISM
Arguments with respect to Indian Secularism
• State is biased towards minority religious right. Majority v.
minority rights often clash.
Minoritism
• However, minority rights are justified as long as these rights
protect their fundamental interests.
• Sate becomes coercive and interferes with religious freedom in
the name of reform.
Interventionist • But these reforms are internalized not merely institutionalized
from above. State must act as a facilitator by supporting liberal
and democratic voices within every religion.
• Religion being misused in the hands of a few to gain profits.
Vote • However, if secular parties manage to give benefits to the
Bank Politics minorities there is nothing wrong ,provided it should not be at
the cost of welfare of other communities.