POLITY

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 Polity
THE PREAMBLE • The Constitution, in its current form,
consists of a Preamble, 24 Parts
• The Preamble to Indian Constitution is containing 448 articles, 12 schedules.
based on “Objective Resolution” of • It makes India Sovereign, Socialist, Secular,
Nehru. Jawaharlal Nehru introduced an Democratic Republic.
objective resolution on December 13, • India is a union of 29 States and 7 Union
Territories.
1946 and it was adopted by Constituent
• It abolishes untouchability in India.
Assembly on 22 January, 1947.
• It guarantees Fundamental Rights to all
• Initially, the Preamble was drafted by Sh. citizens of India.
B. N. Rau in his memorandum of May 30, • It lays down Directive Principles of State
1947 and was later reproduced in the Draft Policy for the guidance of Legislature and
of October 7, 1947. the Executive of the country.
• It establishes independence of judiciary
THE PREAMBLE READS from the executive.
“WE, THE PEOPLE OF INDIA, having MUST KNOW ARTICLES OF
solemnly resolved to constitute India INDIAN CONSTITUTION
into a SOVEREIGN, SOCIALIST, SECULAR,
DEMOCRATIC, REPUBLIC and to secure to Article Importance
all its citizen:
Specify the Fundamental
JUSTICE, social, economic and political; Article 12 – 35 Rights available
LIBERTY of thought, expression, belief, Article 36-50 Specify the Directive Prin-
faith and worship; ciples of State Policy
EQUALITY of status and of opportunity; Article 51A Specifies the Fundamental
and to promote among them all Duties of every citizen
Article 80 Specifies the number of
FRATERNITY assuring the dignity of the
seats for the Rajya Sabha
individual and the unity and integrity of the Article 81 Specifies the number of
nation: seats for the Lok Sabha
IN OUR CONSTITUENT ASSEMBLY, this 26th Article 343 Hindi as official language
day of November 1949, do hereby ADOPT, Article 356 Imposition of President’s
Rule in states
ENACT and GIVE TO OURSELVES THIS
Article 370 Special status to Kashmir
CONSTITUTION. Article 395 Repeals India Indepen-
dence Act and Govern-
CONSTITUTION OF INDIA ment of India Act, 1935

• Originally our Constitution contained THE UNION & ITS TERRITORY

395 Articles divided in 22 Parts and 8 • Article 1 stipulates that India, that is
Schedules. Bharat, shall be Union of states.
 3
• The country is described as ‘Union‘ because it is indestructible.
• Under Articles 2 & 3, Parliament has the power to establish new States, form a new State.
• First Linguistic State – Andhra Pradesh.
• States Reorganisation Act 1956 was adopted by the Govt. of India that resulted in the formation
of new states & UTs.

FUNDAMENTAL
Indian
Citizenship

Single 3 Categories Citizenship Act (1955) Provides for Dual Citizenship

Citizenship entitled to acquisition & loss of Citizenship for PIOs
citizenship after commencement of the
Constitution.

Person Refugees who migrated to Indians living in other

domiciled India from Pakistan Countries.
in India
Acquisition of Citizenship

By Birth By Descent By Registration By Naturalisation By Incorporation of

Territory
Loss of Citizenship

By Renunciation By Termination By Deprivation

Fundamental Rights
Part-III of the Constitution
Article (12-35)
• Justiciable in nature (i.e. they are legally enforceable by the court of law).
• It promotes political democracy.
• Not absolute in nature & have some restrictions.
• Parliament can amend them but not those provisions that form the “basic” structure of the
Constitution.
• Suspended during National Emergency (Except Article 20 & 21).
 Can be Suspended FRs available only to citizens
Magna Carta Part III (Article during Emergency & Not to Foreigners- Art. 15,
Borrowed from
of India 12 to 35) except Art. 20 & 21 16, 19, 29, 30
USA & France

Fundamental Rights

Right to Equality Right to Freedom Right Against Exploitation Right to Freedom of Curtural and Right to Constitutional
Religion Educational Rights Remedies

Articles Articles Articles Articles Articles Articles

14-18 19-22 23-24 25-28 29-30 32
(14) Equality before Law (19) 6 Rights: Freedom of (23) Prohibition of traffic (25) Freedom of conscience & (29) Protection of Includes writs:
& Equal protection speech & expression, in human beings & free profession, practice & interests of (1) Habeas Corpus
of law. Assembly, Association, forced labour. propagation of religion. minorities. (2) Mandamus
Movement, Residence (3) Prohibition
& Profession. (4) Certiorari
(5) Quo–warranto
(15) Prohibition of (20) Protection in respect of (24) Prohibition of (26 ) Manage religious affairs. (30) Right of minorities
discrimination on conviction for offences. employment of to establish
grounds of religion, children in factories & administer
race, sex etc. etc. educational
institutions.
(16) Equality of (21) Protection of life & (27) Freedom from payment of
opportunity in personal liberty. taxes for promotion of any
public employment religion.
(17) Abolition of (22) Protection against arrest (28) Freedom from attending
untouchability. & detention in certain religious instruction
cases. or worship in certain
educational institutions.
(18) Abolition of titles.
4
5 Polity
5
DIRECTIVE PRINCIPLES OF states, the Chairman and the members of the
Finance Commissions, etc.
STATE POLICY
The Legislative Powers
PART IV ARTICLE (36 − 51): • The President can summon or end a session
• These Principles are in the nature of of the Parliament and dissolve the Lok
instruments of instruction and guidelines Sabha.
to the govt.
• Directives are not enforceable in the Courts
National Emergency:
and do not create any justiciable rights in • National emergency is caused by war,
favour of the individuals. external aggression or armed rebellion
• In case of a conflict between Directive in the whole of India or a part of its territory.
Principles and Fundamental Rights of the • President can declare national emergency
Constitution, the latter shall prevail. only on a written request by the Cabinet
Ministers headed by the Prime Minister and
FUNDAMENTAL DUTIES the proclamation must be approved by the
Parliament within one month.
Part IV-A–Article 51-A, added by 42nd
Amendment, 1976 State Emergency or President’s Rule
It says that it shall be the duty of every citizen
A State Emergency can be imposed via the
of India (there are eleven such duties, after
the 86th Constitution Amendment Act, 2002): following:
1. If that State failed to run Constitutionally,
THE UNION (ARTICLE 51-151) i.e. constitutional machinery has failed -
Article 356
The President of India 2. If that State is not working according to the
• Article 52 says that “There shall be a given direction of the Union Government –
President of India.” Article 365
• Article 53 says that the executive power of 3. Such an emergency must be approved
the Union shall be vested in the President. by the Parliament within a period of two
months.
Election :
The Electoral College consists of: Veto Powers
(a) elected members of both Houses of The President of India is vested with three—
Parliament, and absolute veto, suspensive veto and pocket veto.
(b) elected members of Legislative Assembly • In 1986, President Zail Singh exercised
of States. the pocket veto with respect to the Indian
Article 57: The President is eligible Post Office (Amendment) Bill.
for re-Election to that office.
Tenure (Article 56): THE VICE-PRESIDENT (ART. 66-73)
The President shall hold office for a term • Article 63 says that there should be a Vice-
of 5 years. The President can resign from President of India.
his office any time by addressing the • The Vice-President shall be the ex-officio
resignation letter to the Vice-President Chairman of Rajya Sabha (Article 64).
of India. • The Vice-President can be removed from
office by a resolution of the Council of
Executive Powers - Article 53 States (Rajya Sabha), passed by a majority
All executive powers of the Union are of its members at that time and agreed to
vested in him. by the House of the People (Lok Sabha).
• President appoints the Prime Minister and (Article 67)
other ministers; and they hold office during Council of Ministers
his pleasure. • Art 74 (1): It provides that, “There shall
• He appoints the Attorney General of India, be a Council of Ministers with the Prime
Comptroller and Auditor General of India, Minister as its head to aid and advise the
the Chief Election Commissioner and other President who shall in exercise of his/
Election Commissioners, the Chairman and her functions act in accordance with such
Members of the UPSC, the Governors of the advice.
Polity 66

• If the Lok Sabha passes a ‘no-confidence 2 nominated from the Anglo-Indian

motion’, the entire Council of Ministers community.
including PM has to resign. • Under the current laws, the strength of
Lok Sabha is 545, including the two seats
THE PRIME MINISTER reserved for members of the Anglo-Indian
Prime Minister is the real executive authority. community.
• Art 75 (1) : The Prime Minister shall be BILLS
appointed by the President and other The bill can broadly be categorised as:
Ministers shall be appointed by the (a) Ordinary bills
President on the advice of the Prime (b) Money bills
Minister. Ordinary Bills
• He allocates & reshuffles various portfolios • All the Bills other than Financial Bills
among the Ministers. • Money Bills and the Constitutional
• Prime Minister is the key link between the Amendment Bills are Ordinary Bills.
Cabinet and the Parliament and keystone of • Such Bills can be introduced in either
Cabinet architecture. House of the Parliament (in Lok
Sabha or the Rajya Sabha) without the
UNION LEGISLATURE recommendation of the President,
except those Bills under Article 3 (i.e., Bills
• Part V of the Constitution deals with
related to reorganisation of the territory of
Parliament. According to Article 79, there
a State).
shall be a Parliament for the Union, which
Money Bills
shall consists of:
• Money Bill is defined in Art. 110 of the
• President of India.
Constitution.
• Two houses consists of Council of States • As per the Article, any Bill dealing with all
(Rajya Sabha or Upper House) and Lok or any of the matters enumerated from (a)
Sabha or Lower House. to (g) of the same Article shall be a Money
Bill.
RAJYA SABHA (COUNCIL OF • Money Bills are: imposition, abolition,
remission, alteration or regulation of any
STATES) tax.
• Its first sitting was held on April 3, 1952. Financial Bills
• Article 80 of the Constitution lays down the A Financial Bill cannot be introduced
without the President’s recommendation,
maximum strength of Rajya Sabha as 250, and it can only be introduced in the Lok
out of which 12 members are nominated by Sabha.
the President, 238 are representatives of Constitutional Amendment Bills
the States and of the two Union Territories. • Art. 368 deals with the power of the
• The present strength of Rajya Sabha, Parliament to amend the Constitution,
however, is 245, out of which 233 are and the procedure thereof.
representatives of the States and Union • A Bill for this can be introduced in either
House (the Lok Sabha or the Rajya
Territories of Delhi and Puducherry and 12
Sabha) of the Parliament.
are nominated by the President.
• The Rajya Sabha is not subject to
dissolution. The members of the Rajya
SPEAKER OF THE LOK SABHA
Sabha are elected for 6 years. One-third • After formation of a new Lok Sabha the
of the members retire every two years. President appoints a Speaker pro-tem
who is the senior most member of the
LOK SABHA (PEOPLE’S HOUSE) House.
• A Deputy Speaker is also elected to officiate
• Its first sitting took place on May 13, 1952 in the absence of the Speaker.
• All the members of the Parliament are • The Speaker is the Chief Presiding
popularly elected, except not more than two Officer of the Lok Sabha.
members of the Anglo-Indian community, • The Speaker and the Deputy Speaker
who are nominated by the President. may be removed from their offices by a
• In the Constitution, the strength of the resolution passed by the House with an
Lok Sabha was provisioned to be not effective majority of the House after a
more than 552 : 530 from the States, prior notice of 14 days to them.
20 from the Union Territories and
 7
Meira Kumar is the first woman Speaker of M A Ayangar was the first Deputy Speaker
the Lok Sabha (2009-2014) (1952-1956)
GMC Balyogi is the first speaker to die in GV Mavlankar was the first Speaker of the
the office (1998-2002) Lok Sabha (1952-1956)
Dr Balram Jakhar was the longest serving Sumitra Mahajan is the present Speaker of
Speaker (1980-1989) 16th Lok Sabha since June, 2014.
 8
THE SUPREME COURT THE STATES (ARTICLE 152-237)
• The Supreme Court of India is the highest The Governor (Article 153-162)
judicial forum and final court of appeal
• The Governor of a State is appointed by
under the Constitution of India with the
the President of India (Article 155).
power of constitutional review.
• The same Governor can act as Governor of
• It comprises the Chief Justice of India
more than one State (Article 153-162).
and 30 other judges.
Tenure and Qualification and Salary Legislative Assembly (Vidhan
• Judges of Supreme Court are appointed by Sabha)
the President of India, and service till the • It is the lower and popular house of the
age of 65 years. State. Members are chosen by direct
Impeachment election
• A judge of the Supreme Court can be • According to Article 172, duration of
removed under the Constitution only Assembly is normally 5 years. But it may
on grounds of proven misconduct or be dissolved earlier by the Governor.
incapacity and by an order of the President
of India, after a notice signed by at least 100 Legislative Council (Article 169)
members of the Lok Sabha or 50 members • It is the upper house.
of the Rajya Sabha is passed by a two-third • Parliament may by law create or abolish
majority in each House of the Parliament. Legislative Council.
• The first woman judge of the Supreme • It can be created, if the Legislative Assembly
Court was Justice Fatima Beebi in 1987. of the State passes a resolution to the effect
• The second woman justice was Gyan by special majority.
Sudha Mishra in 2010 High Courts (Article 214-232)
• The first Chief Justice of India was • There shall be a High Court for each State
HJ Kania (1950-50)
Article-214.
• The shortest tenure so far is of • The Judiciary in the states consist of a High
KN Singh (Nov.25-1991-Dec. 12, 1991.
Court and subordinate courts.
Comptroller and Auditor General (CAG) • There are 24 High Courts in India
(Article 148-151) • The Calcutta High Court is the
• CAG is appointed by the President of oldest of all which was established in
India under Article 148 of the Constitution 1862. The Bombay and Madras High
and shall only be removed from the office in Courts were established in the same
the like manner as a Judge of the Supreme
year.
Court.
• Chhatisgarh, Uttarakhand (Nainital) and
• The first CAG of India was V Narahari Rao
Jharkhand (Ranchi) High Courts were
Attorney General of India established in the year 2000.
• According to Article 76 the Attorney The Panchayati Raj (Article 243-O)
General of India is the Government’s chief • Rajasthan is the first state in India, where
legal advisor, and its primary lawyer in Panchayati Raj was implemented in the 73rd
the Supreme Court of India. Amendment Act, 1992.
• The First Attorney General was • It gave Constitutional status to Panchayati
M.C. Setalvad.
Raj system.
• Mukul Rohatgi is the incumbent Attorney • After Amendment Panchayati Raj added to
General of India. the 11th Schedule of the Constitution
 9
The Three Tire System of Local vested in the Election Commission.
Governance Article 325 provides for a single electoral roll
• Gram Panchayat at Village Level for every constituency.
• Panchayat Samiti at Block Level Article 326 stipulates that elections shall be
• Zila Parishad at District Level held on the basis of adult suffrage.

The Municipalities (Article 243P-243 Political Parties

ZG) • As per the provisions of the Peoples Rep-
• PART IX A added by 74th Amendment resentation Act, 1951 political parties are
Act 1992, gives a constitutional foundation registered with the Election Commission of
to the local self government units in urban India.
area. • The Anti-defection law, passed in 1985, pre-
• Nagar Panchayat, is for an area being
vents the MPs or the MLAs elected as candidates
transformed from a rural area to an urban.
• Municipal Council is for a smaller urban from one party forming or joining a new party,
area. unless they comprise more than one-third of
• Municipal Corporation is for a larger the original party, in the Legislature.
urban area. The Municipal Corporation is
Recognition and Reservation of
the topmost urban local government.
Symbols
ELECTION COMMISSION • A party registered with the Election
(ARTICLE 324-329) Commission may be granted recognition as
Article 324 says that the superintendence, a National or a State party on the basis of its
direction and control of elections shall be performance in polls.

National Parties
S. Name Symbol Year of Foun- Current Current
No. dation leader(s) Lok Sabha
Seats
1. Bharatiya Janata Lotus 1980 Amit Shah 282 / 543
Party
2. Indian National Hand 1885 Sonia Gan- 44 / 543
Congress dhi
3. Communist Party of Hammer, Sickle and Star 1964 Sitaram 9 / 543
India (Marxist) Yechury
4. Communist Party of Ears of Corn and Sickle 1925 Suravaram 1 / 543
India Sudhakar
Reddy
5. Bahujan Samaj Party Elephant (In all 1984 Mayawati 0 / 543
States/U.T.s except in the
State of Assam, where its
candidates will have to
choose a symbol.
6. Nationalist Congress Clock 1999 Sharad
Party Pawar
7. All India Trunamue Jora Ghas Phul 1998 Mamta 32/545
Congress Banerjee
 10
IMPORTANT PARLIAMENTARY UNION PUBLIC SERVICE COM-
TERMS MISSION
• Calling Attention: Moved to call the • The Union Public Service Commission
attention of a Minister to matters of public consists of a Chairman and other
importance. members appointed by the President and
• Interim Government: This Government is they hold office for a period of 6 years
formed during the transitional phase of the from the date of their appointment.
history of the country. • It conducts examinations for appointment
• Ordinance: An ordinance is a law
to the Services of the Union.
promulgated by the head of the State in a
• Age of retirement for a member of UPSC
situation of urgency when the Legislature
is 65 years and for a member of PSC of a
cannot frame the law because either it is
not in session or it is dissolved. State or a Joint Commission is 62 years.
• Question Hour: The first one hour period
NITI AAYOG
(usually 11: 00 a. m. to 12: 00 a. m.) each
day during the meetings of the Parliament • NITI Aayog or National Institution for
is allotted for asking the questions by the Transforming India Aayog is a policy
members to be replied by the Ministers, is think-tank of Government of India that
called the Question Hour. replaces Planning Commission and aims
• Quorum: It refers to the required presence to involve the States in economic policy-
of the minimum member of members of a making in India.
body to hold its meetings and conduct its • It will be providing strategic and technical
business. advice to the Central and the State
Governments. The Prime Minister heads
• Whip: This is an official appointed by a
the Aayog as its chairperson.
political party to regulate and monitor the
behaviour of its members in the Legislature. NATIONAL DEVELOPMENT
• Zero Hour: It is a period which follows COUNCIL (NDC)
after the Question Hour when the members • The National Development Council was
raise any issue of public importance on formed in 1952, to associate the States in
very short or even without any notice. the formulation of the plans.
• All members of the Union Cabinet, Chief
Adjournment •• To draw attention of Minister of States, the Administrators of
motion Parliament to a matter of the Union Territories and members of NITI
urgent public importance. Ayog are members of the NDC.
•• Motion needs the support
of 50 members for admission. FINANCE COMMISSION
•• Rajya Sabha cannot move • As per Article 280 of the Constitution
this motion. of India the Finance Commission is
No Confidence •• Moved to prove the established.
Motion confidence of Lok Sabha in • It is a quasi-judicial body.
the Council of Ministers. • It consists of a chairman and four other
•• If No Confidence Motion members.
is passed, Council of
Ministers has to resign. LOKPAL
•• No Confidence Motion needs In India, the institution of Ombudsman
the support of 50 members (Swedish word meaning Commissioner) has
to be admitted. given the name of Lokpal & use it as an anti-
•• Can be moved only in Lok corruption institution.
Sabha.
 11
LOKAYUKTA Important Amendments
• The first Amendment Act to the Indian
The anti-corruption institution of Lokayukta Constitution was made in the year 1951.
is set up at the state level. He is appointed by Ninth Schedule was added.
the Governor of the State. In most of the States, • The Constitution (24th Amendment)
the term of office fixed for Lokayukta is of 5 Act, 1971: It affirmed the power of the
years duration or 65 years of age, whichever Parliament to amend any part of the
is earlier. Constitution.
• The Constitution (39th Amendment)
ADVOCATE GENERAL Act, 1975: The Act places beyond challenge
Each State shall have an Advocate General. in courts the election to Parliament of a
He has the right to address & take part in person holding the office of Prime Minister
the proceedings of the House of the State or Speaker and the election of President and
Legislature. But he has no right to vote. His Vice-President.
functions are similar to those of the Attorney • The Constitution (42nd Amendment)
– General. Act, 1976: It was enacted during the period
of National Emergency.
ARTICLE 370 • The Constitution (43rd Amendment)
Under Article 370 of the Indian Constitution, Act, 1978: It restores civil liberties by
deleting Article 3ID which gave powers to
Jammu & Kashmir is granted autonomy. It is
Parliament to curtail even legitimate trade
a ‘temporary provision’ that accords special
union activity under the guise of legislation
status to the State.
for the prevention of anti-national activities.
How J & K Different from Other • The Constitution (44th Amendment)
States? Act, 1978: Fundamental Rights guaranteed
• Directive Principles of State Policy (DPSP) by Articles 20 and 21 cannot be suspended
are not applied to J&K but applied to other during a national emergency.
• The Constitution (61st Amendment)
States.
Act, 1989: It lowered the voting age from
• President can’t declare financial emergency
21 to 18.
(salaries and allowances reduction, etc.) in
• The Constitution (73rd Amendment)
relation to J&K.
Act, 1992: To ensure direct election to all
• High Court of J&K can issue writs only for seats in Panchayats.
enforcement of Fundamental Rights. • The Constitution (74th Amendment)
• Right to property is still guaranteed in J&K. Act, 1992: was made to ensure direct
• Permanent residents of J&K have some election to all seats in Nagarpalikas and
special fundamental rights. Municipalities.
• Although Supreme Court, EC and CAG
are applicable to J&K along with all other E-Governance
States. E-governance means technology drive
operation. The 11th report of the Second
AMENDMENTS OF THE CONSTI- Administrative Reforms Commission, entitled
TUTION (ARTICLE 368) to promoting e-Governance.
Five models of e-Governance
There are three types of bills that seek to • G2C (Government to citizen)
amend the Constitution: • G2B (Government to business)
1. Bills that are passed by Parliament by • G2E (Government to Employees)
• G2G (Government to Governments)
Simple Majority.
• C2G (Citizens to Government)
2. Bills that have to be passed by Parliament National e-Governance Plan
by Special Majority. National e-Governance Plan (NeGP) is a
3. Bills that have to be passed by Special plan of the Government of India to make all
Majority and also to be ratified by not less government services available to the citizens
than one-half of the State Legislatures. of India via electronic media.