Part-2: Indian Polity
1. Historical Background & Constituent Assembly
Drafting Committee:
Chairman: Dr. B.R. Ambedkar.
Formed: August 29, 1947.
Task: Prepare the draft of the Constitution.
Members (7): Dr. B.R. Ambedkar (Chairman), N. Gopalaswami Ayyangar, Alladi Krishnaswami Iyer, Dr. K.M. Munshi, Syed Mohammad Saadulah, N. Madhav Rao (replaced B.L. Mitra), T.T. Krishnamachari (replaced D.P. Khaitan after his death in 1948).
A.V. Thakkar was NOT a member.
Constituent Assembly:
Formed under the Cabinet Mission Plan of 1946.
Cabinet Mission Members: Pethick Lawrence, Stafford Cripps, A.V. Alexander. Rejected Muslim League's demand for Pakistan.
First Meeting: December 9, 1946.
Temporary President (First Meeting Chair): Dr. Sachchidanand Sinha (oldest member).
Permanent President: Dr. Rajendra Prasad (elected Dec 11, 1946). He was also the President post-independence.
Vice-President (Deputy Chairman): H.C. Mookerjee.
Constitutional Advisor: B.N. Rau.
Idea First Proposed by: M.N. Roy (1934). Became INC official demand (1935). Accepted in principle in August Offer (1940).
Objectives Resolution:
Introduced by: Jawaharlal Nehru on December 13, 1946.
Adopted on: January 22, 1947.
Assured: Justice, equality, liberty to all citizens.
Constitution Making & Adoption:
Duration: 2 years, 11 months, 18 days (approx. 3 years).
Adopted on: November 26, 1949.
Signed on: January 24, 1950 (by 284 members).
Came into force (Commencement): January 26, 1950 (celebrated as Republic Day).
Original Structure: Preamble, 395 Articles (in 22 Parts), 8 Schedules.
Current Structure (approx.): Preamble, 448 Articles (still 395 in order, plus sub-articles) in 25 Parts, 12 Schedules.
Calligrapher: Prem Bihari Narayan Raizada.
Key Dates & Days:
Republic Day: January 26, 1950 (Constitution commencement). Before 1947, Jan 26 was celebrated as Independence Day (Purna Swaraj declaration 1929).
Constitution Day: November 26 (Declared in 2015, previously National Law Day).
National Flag Adoption: July 22, 1947.
First Government & Key Figures:
First Finance Minister: R.K. Shanmukham Chetty. Presented first budget Nov 26, 1947.
First Home Minister: Sardar Vallabhbhai Patel (credited with political integration of 562 princely states).
First Foreign Minister: Jawaharlal Nehru.
First Labour Minister: Jagjivan Ram.
List of First Cabinet Ministers & Portfolios provided (Nehru, Patel, Prasad, Azad, Mathai, Baldev Singh, Jagjivan Ram, Bhabha, Kidwai, Amrit Kaur, Ambedkar, Chetty, Mookerjee, Gadgil).
Nature of Constitution:
Supreme Law of India.
Longest written constitution.
Mixture of many constitutions ("Bag of Borrowings"). Significantly influenced by the Government of India Act, 1935 (~250 articles derived).
Republican: Head of state is elected, no hereditary component.
Early Legislation:
Regulating Act of 1773: Defined EIC powers, elevated Governor of Bengal to Governor-General, established Supreme Court at Calcutta (1774), prohibited private trade/bribes for EIC servants.
Miscellaneous:
Father of Indian Constitution / Modern Manu: Dr. B.R. Ambedkar.
Drafter of Article 370: N. Gopalaswami Iyengar (Ambedkar refused). (Note: Art 370 provisions modified/abrogated 2019).
2. Sources of Indian Constitution
United Kingdom (UK): Parliamentary government, Rule of Law, Legislative procedure, Single citizenship, Cabinet system, Prerogative writs, Parliamentary privileges, Bicameralism, First Past the Post electoral system.
United States (USA): Fundamental Rights, Independence of judiciary, Judicial review, Impeachment of President, Removal of SC/HC judges, Post of Vice-President, Preamble.
Ireland: Directive Principles of State Policy (DPSP), Method of Election of President, Nomination of members to Rajya Sabha.
Canada: Federation with a strong Centre, Vesting of residuary powers in the Centre, Appointment of state governors by the Centre, Advisory jurisdiction of the Supreme Court, Quasi-Federal system.
Australia: Concurrent list, Freedom of trade, commerce and intercourse, Joint sitting of the two Houses of Parliament.
USSR (Soviet Union/Russia): Fundamental duties, Ideals of justice (social, economic, political) in the Preamble, Five Year Plan concept.
France: Republic, Ideals of Liberty, Equality and Fraternity in the Preamble.
Germany (Weimar Constitution): Suspension of Fundamental Rights during Emergency.
South Africa: Procedure for amendment of the Constitution, Election of members of Rajya Sabha.
Japan: Procedure established by Law.
Government of India Act, 1935: Major source (~250 articles), Federal Scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency provisions, Administrative details.
Denmark: Not a source mentioned.
Overall: Constitution borrowed features from approx. 10 countries.
3. Articles, Parts, and Schedules
Original Structure: 395 Articles, 22 Parts, 8 Schedules.
Current Structure: Approx. 448 Articles (in order still 395), 25 Parts, 12 Schedules (as of dates mentioned in doc).
Part II (Art 5-11): Citizenship.
Part III (Art 12-35): Fundamental Rights.
Part IV (Art 36-51): Directive Principles of State Policy (DPSP).
Part IVA (Art 51A): Fundamental Duties.
Part VIII (Art 239-242): The Union Territories.
Part IX: The Panchayats.
Part IXA: The Municipalities.
Part X (Art 244-244A): The Scheduled and Tribal Areas.
Art 112: Annual Financial Statement (Budget).
Art 280: Finance Commission.
Art 330: Reservation of seats for SCs and STs in the House of the People (Lok Sabha).
Art 341(2): Parliament's power regarding Scheduled Castes list.
Art 371 series (A-J): Special provisions for certain states (Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh, Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka). Himachal Pradesh does not have status under Art 371.
Art 32 & 226: Writs (Judicial Review power) by Supreme Court & High Courts respectively.
Schedules:
1st Schedule: Names of States and Union Territories.
2nd Schedule: Salaries, allowances, privileges of President, Governors, Speakers, Judges, CAG etc.
3rd Schedule: Forms of Oaths or Affirmations.
4th Schedule: Allocation of seats in the Rajya Sabha.
5th Schedule: Administration and control of Scheduled Areas and Scheduled Tribes.
7th Schedule: Division of powers (Union List, State List, Concurrent List). Subjects like Forests, Education transferred from State to Concurrent list (42nd Amend). Public Health/Sanitation (State), Post/Telegram (Union).
8th Schedule: Official Languages (Originally 14, now 22).
10th Schedule: Anti-defection provisions (Added by 52nd Amend, 1985).
11th Schedule: Powers, authority, responsibilities of Panchayats (29 subjects). (Added by 73rd Amend, 1992).
12th Schedule: Powers, authority, responsibilities of Municipalities (18 matters). (Added by 74th Amend, 1992).
4. Features of the Constitution & Preamble
Preamble:
Introductory statement; reflects ideals and guiding values.
Describes India as: Sovereign, Socialist, Secular, Democratic, Republic.
Keywords 'Socialist', 'Secular', 'Integrity' added by 42nd Amendment, 1976.
Inspired by: Objectives Resolution; Language partly from Australian Constitution.
Kesavananda Bharati Case (1973): Preamble is part of Constitution, amendable (Art 368) but basic structure inviolable. Amended only once (42nd Amend).
Reflects thought of makers; called 'soul of constitution'.
Secularism: India is a secular state, no official religion, equal respect for all religions. Citizens have freedom of religion.
Republic: Head of State (President) is elected, not hereditary. Supreme power held by people and their elected representatives.
Socialism: Inspiration drawn from Russian Revolution. Aims for socio-economic justice.
Lengthiest Written Constitution.
5. The Union and its Territory
Art 1: India, that is Bharat, shall be a Union of States.
Art 3: Parliament can form new states, alter areas, boundaries or names of existing states.
State Formation/Reorganisation:
Telangana: Formed June 2, 2014 (was 29th state).
Maharashtra & Gujarat: Formed 1960 from Bombay state.
Chhattisgarh, Uttarakhand, Jharkhand: Formed Nov 2000.
Odisha: Joined Union 1950.
Tripura: Part of India 1949, UT 1963, State 1972.
Meghalaya: Formed Jan 21, 1972.
Sikkim: Associate State (35th Amend 1974), 22nd State (36th Amend 1975).
Goa: Goa Opinion Poll 1967 rejected merger; became State 1987.
Andhra Pradesh: First state formed on linguistic basis (1953/1956).
Integration of Princely States: Sardar Patel oversaw integration (~565 states). Hyderabad (Operation Polo), Junagadh (Military action/plebiscite), Kashmir (Instrument of Accession).
6. Citizenship
Governing Law: Part II (Art 5-11) of Constitution & Citizenship Act, 1955 (and amendments).
Acquisition: Birth, Descent, Registration, Naturalization (min 12 years residency), Incorporation of territory.
Loss: Renunciation, Termination, Deprivation.
Key Articles:
Art 6: Rights of citizenship of certain persons migrated from Pakistan.
Art 7: Rights of citizenship of certain migrants to Pakistan.
Property acquisition is NOT a mode of acquiring citizenship.
7. Fundamental Rights (FRs)
Source: Inspired by USA Constitution (Bill of Rights).
Location: Part III (Articles 12-35).
Nature: Justiciable (enforceable by courts), basic human rights guaranteed to citizens (some available to non-citizens too).
Key Rights & Articles:
Right to Equality (Art 14-18):
Art 14: Equality before law, equal protection of laws.
Art 15: Prohibition of discrimination (religion, race, caste, sex, place of birth). Allows special provisions for women, children, SC/ST/OBCs.
Art 16: Equality of opportunity in public employment.
Art 17: Abolition of Untouchability.
Art 18: Abolition of Titles (except military/academic).
Right to Freedom (Art 19-22):
Art 19: Six freedoms (speech/expression, assembly, association, movement, residence, profession). Right to hoist flag inherent in 19(1)(a).
Art 20: Protection in respect of conviction for offences.
Art 21: Protection of Life and Personal Liberty. Includes Right to Privacy (Puttaswamy case), health, dignity, livelihood, shelter, etc.
Art 21A: Right to Education (6-14 years), added by 86th Amend, 2002.
Art 22: Protection against arrest and detention; Preventive detention safeguards.
Right against Exploitation (Art 23-24):
Art 23: Prohibition of human trafficking and forced labour.
Art 24: Prohibition of child labour (below 14 years).
Right to Freedom of Religion (Art 25-28):
Art 26: Freedom to manage religious affairs (available to citizens & foreigners).
Cultural and Educational Rights (Art 29-30):
Art 29: Protection of interests of minorities.
Art 30: Right of minorities to establish and administer educational institutions.
Right to Constitutional Remedies (Art 32): SC power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto). Called 'heart and soul' by Ambedkar. HC power under Art 226.
Right to Property: Originally FR (Art 31, 19(f)), removed by 44th Amend, 1978. Now a legal/constitutional right under Art 300A.
Suspension: FRs can be suspended during National Emergency, except Art 20 & 21.
8. Directive Principles of State Policy (DPSP)
Source: Ireland Constitution.
Location: Part IV (Articles 36-51).
Nature: Non-justiciable (not enforceable by courts), but fundamental in the governance of the country. Aim for socio-economic justice, establish a 'welfare state'. Called 'unique feature' by Ambedkar.
Key Principles & Articles:
Art 38: Secure a social order for welfare.
Art 39A: Equal justice and free legal aid.
Art 40: Organisation of village Panchayats.
Art 41: Right to work, education, public assistance.
Art 42: Just and humane conditions of work, maternity relief.
Art 43: Living wage for workers.
Art 43B: Promotion of co-operative societies.
Art 44: Uniform Civil Code (UCC).
Art 45: Early childhood care and education (modified by 86th Amend).
Art 46: Promotion of interests of weaker sections (SC/ST).
Art 47: Duty to raise nutrition level, standard of living, public health; prohibition of intoxicating drinks/drugs.
Art 48: Organisation of agriculture and animal husbandry.
Art 48A: Protection and improvement of environment, safeguarding forests/wildlife.
Art 49: Protection of monuments.
Art 50: Separation of judiciary from executive.
Art 51: Promotion of international peace and security.
Relation with FRs: DPSPs have been given precedence over some FRs by amendments (e.g., 42nd Amend, though scope later limited by courts). Art 31C protects laws implementing Art 39(b) & 39(c).
9. Fundamental Duties (FDs)
Source: USSR Constitution.
Location: Part IVA (Article 51A).
Introduction: Added by 42nd Amendment, 1976 (on recommendation of Swaran Singh Committee).
Number: Originally 10 duties. 11th duty added by 86th Amendment, 2002. Total now 11.
Nature: Non-justiciable. Apply only to citizens. Categorized into Moral and Civic duties.
Key Duties (Examples from doc):
(a) Abide by Constitution, respect Flag & Anthem.
(d) Defend the country, render national service.
(g) Protect and improve the natural environment.
(k) Duty of parent/guardian to provide education opportunities (6-14 years) (11th duty).
Uphold sovereignty, unity, integrity.
Promote harmony, common brotherhood.
Value and preserve composite culture.
Develop scientific temper.
Safeguard public property.
Strive for excellence.
(Continuing for remaining sections based on document structure...)
10. President
Constitutional Head of Union Executive (Art 53). Head of State, First Citizen.
Supreme Commander of Armed Forces (Art 53(2)).
Election (Art 54, 55): Indirectly elected by Electoral College consisting of:
Elected MPs (Lok Sabha & Rajya Sabha).
Elected MLAs of States.
Elected MLAs of UTs of Delhi and Puducherry.
Method: Proportional representation by means of single transferable vote.
Term: 5 years from date of entering office (Art 56). Can be re-elected (Art 57).
Qualifications (Art 58): Citizen of India, 35+ years old, qualified for election as Lok Sabha member, no office of profit.
Oath (Art 60): Administered by Chief Justice of India (CJI) or senior-most SC Judge.
Impeachment (Art 61): For 'violation of Constitution'. Initiated by either House (1/4 members sign charge, 14 days notice). Passed by 2/3rd majority of total membership of both Houses separately.
Powers:
Executive Power (Art 53): Exercised directly or through subordinate officers. Appoints PM, Ministers, CJI, SC/HC Judges, Governors, AG, CAG, CEC etc.
Legislative Power: Summons/prorogues Parliament, dissolves Lok Sabha, addresses Parliament (Art 86, 87), Joint Sitting (Art 108), Assent to Bills (Art 111), Veto Power (Absolute, Suspensive, Pocket), Ordinance making (Art 123).
Judicial Power: Pardoning power (Art 72) - Pardon, Reprieve, Respite, Remission, Commutation. Appoints Judges. Consults SC (Art 143).
Emergency Powers: National (Art 352), State/President's Rule (Art 356), Financial (Art 360).
Pocket Veto: Power to not act on a bill indefinitely (used by Giani Zail Singh on Indian Post Office Bill 1986). Indian President's pocket is larger than US President's.
Vacancy/Absence: If both President and VP posts vacant, CJI acts as President (Act of 1969). Happened in 1969 (M. Hidayatullah).
Appointments: Appoints CJI/SC Judges (Art 124), HC Judges, Governors (Art 155), PM (Art 75), AG (Art 76), CEC (Art 324), Finance Commission Chairman etc. Does NOT appoint Chief Ministers.
Tenure: Longest: Dr. Rajendra Prasad. Shortest: Dr. Zakir Hussain.
Notable Presidents: Pratibha Patil (First Woman), Dr. Zakir Hussain (First Muslim, died in office), Dr. S. Radhakrishnan (Got Bharat Ratna before presidency), Dr. APJ Abdul Kalam ('Missile Man'), Giani Zail Singh (Used Pocket Veto), Neelam Sanjiva Reddy (Youngest, elected unopposed), Ram Nath Kovind (14th).
11. Vice-President (VP)
Second highest constitutional post.
Ex-officio Chairman of Rajya Sabha (Art 64, 89).
Election (Art 66): Indirectly elected by Electoral College of MPs (both elected and nominated) of both Houses. Proportional representation, single transferable vote, secret ballot.
Qualifications (Art 66): Citizen of India, 35+ years old, qualified for election as Rajya Sabha member, no office of profit.
Term: 5 years.
Functions: Acts as President during vacancy/absence (Art 65). Presides over Rajya Sabha.
Disputes: Election disputes decided by Supreme Court (Art 71).
Notable VPs: Dr. S. Radhakrishnan (First), M. Hidayatullah (Served as Acting President), M. Venkaiah Naidu (13th). APJ Abdul Kalam was never VP.
12. Parliament
Supreme legislative body. Consists of President, Lok Sabha, Rajya Sabha (Art 79).
Sessions: Summoned/prorogued by President. Max gap between sessions: 6 months (Art 85). Usually 3 sessions: Budget (Feb-May), Monsoon (Jul-Sep), Winter (Nov-Dec).
Joint Sitting (Art 108): Called by President, presided by Lok Sabha Speaker (or Dy Speaker LS, or Dy Chairman RS).
Quorum: 1/10th of total members of the House (Art 100).
Membership: Disqualification if absent for 60 days without permission (Art 101/102). Qualifications in Art 84.
Attorney General (Art 76, 88): Highest law officer, appointed by President. Not a member of Parliament/Cabinet, but can speak/participate (cannot vote). Has right of audience in all courts. Term not fixed, holds office during pleasure of President. M.C. Setalvad was first and longest-serving AG.
Budget: Annual Financial Statement (Art 112). First Union Budget presented Nov 26, 1947. Budget under President's Rule presented in Lok Sabha.
Committees: Standing (e.g., Petition, Privileges, Business Advisory) and Ad-hoc.
Legislation: Bills need assent of President (Art 111) to become Acts.
13. Rajya Sabha (Council of States)
Upper House, permanent body (not subject to dissolution) (Art 83).
Composition (Art 80): Max strength 250 (238 elected, 12 nominated). Current strength 245.
Members: Elected by elected MLAs of states (proportional representation). Nominated by President (Literature, Science, Art, Social Service - 12 members).
Term: Members elected for 6 years. 1/3rd retire every 2 years.
Chairman: Vice-President is ex-officio Chairman (Art 89). First Chairman: Dr. S. Radhakrishnan.
Deputy Chairman: Elected from amongst members. First: S.V. Krishnamoorthy.
Minimum Age: 30 years.
Quorum: 25 members (1/10th of 250).
Powers: Special power regarding state list subjects (Art 249 - requires 2/3rd majority resolution), creation of All India Services (Art 312). Can delay Money Bill for max 14 days.
14. Lok Sabha (House of the People)
Lower House. Directly elected by people (Universal Adult Suffrage).
Composition: Max strength 550 (530 from states, 20 from UTs). Current strength 543. (Anglo-Indian nomination under Art 331 abolished by 104th Amend, 2019).
Term: 5 years (unless dissolved earlier). Can be extended during emergency. Tenure changed from 5 to 6 yrs (42nd Amend), back to 5 yrs (44th Amend).
Speaker: Presiding officer. Elected by members from amongst themselves (Art 93). First Speaker: G.V. Mavalankar. First Woman Speaker: Meira Kumar (15th LS). Second Woman: Sumitra Mahajan (16th LS). Current (17th LS): Om Birla.
Pro-tem Speaker: Temporary speaker for first meeting of newly elected LS. Appointed by President. Administers oath to new MPs, conducts election of Speaker. (Virendra Kumar for 17th LS).
Deputy Speaker: Elected by members. Post currently vacant (as per document context).
Leader of the House: Usually the Prime Minister (if member of LS) or a minister nominated by PM. (Narendra Modi for 17th LS).
Minimum Age: 25 years.
Quorum: 55 members (1/10th of ~550).
Powers: Money Bills can only be introduced in Lok Sabha (Art 109, 110). Council of Ministers collectively responsible to Lok Sabha (Art 75).
Elections: First held 1951-52. 16th LS election 2014. 17th LS election 2019.
15. Union Cabinet / Council of Ministers (CoM)
Headed by Prime Minister (Art 74). Aids and advises President. President acts on advice (binding after reconsideration).
Collective Responsibility: CoM collectively responsible to Lok Sabha (Art 75(3)).
Size: Total ministers (incl. PM) not to exceed 15% of total Lok Sabha strength (91st Amendment, 2003).
Appointment: PM appointed by President; other ministers appointed by President on PM's advice (Art 75).
Minister's Qualification: Must be MP within 6 months of appointment.
Prime Minister (PM): Real executive head (de facto). Leader of majority party/coalition in Lok Sabha. First Citizen status belongs to President, PM follows. Communicates CoM decisions to President (Art 78). Chairman of NITI Aayog, Nuclear Command Authority, etc. Longest serving: Jawaharlal Nehru. Shortest serving term: Dr. Zakir Hussain (as President). PM who didn't face Parliament: Charan Singh. First non-Congress PM: Morarji Desai. PM born after independence: Narendra Modi. Acting PM twice: Gulzarilal Nanda.
Deputy PM: Not a constitutional post. First: Sardar Vallabhbhai Patel. Charan Singh was Dy PM under Morarji Desai. Jagjivan Ram was Dy PM (1977-79).
Types of Ministers: Cabinet Ministers, Ministers of State (Independent Charge or attached), Deputy Ministers.
16. Governor
Constitutional head of State Executive (Art 154). Acts as link between Union and State.
Appointment: By President (Art 155). Holds office during pleasure of President.
Term: 5 years (subject to pleasure of President). Can be transferred.
Qualifications (Art 157, 158): Citizen of India, 35+ years old, no office of profit, not MP/MLA.
Powers: Appoints Chief Minister (Art 164) and other ministers on CM's advice. Appoints Advocate General (Art 165), State Election Commissioner (Art 243K). Pardoning power (Art 161) for state laws. Oath administered by Chief Justice of High Court.
Advocate General (Art 165): Highest law officer of the state. Appointed by Governor. Qualifications similar to HC Judge. Holds office during pleasure of Governor.
17. State Legislature
Bicameralism: 6 states have two houses (Legislative Assembly & Legislative Council): Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh (J&K council abolished). Others are unicameral (only Legislative Assembly).
Legislative Assembly (Vidhan Sabha): Lower house, directly elected. Max 500, Min 60 members (Art 170). Term 5 years. Minimum age 25 years.
Legislative Council (Vidhan Parishad): Upper house. Creation/Abolition by Parliament on state assembly's resolution (Art 169). Size: 1/3rd of Assembly strength, Min 40. Members partly elected, partly nominated. Permanent house, 1/3rd retire every 2 years, member term 6 years. Minimum age 30 years.
Chief Minister (CM): Real executive head of state. Appointed by Governor (Art 164). Minimum age 25 years. Pawan Kumar Chamling (Sikkim) longest serving CM. Sucheta Kripalani (UP) first woman CM. Yogi Adityanath was priest before becoming CM.
State CoM: Collectively responsible to Legislative Assembly (Art 164). Size limit 15% of Assembly strength (min 12 ministers) (91st Amend).
18. The Judiciary
Supreme Court (SC):
Established Jan 28, 1950. Guardian of Constitution, guarantor of FRs.
Structure (Art 124): CJI + not more than 33 other judges (current strength 34).
Appointment: By President. CJI usually senior-most judge.
Term: Until age 65. Removal by impeachment process.
Jurisdiction: Original (Art 131), Appellate, Advisory (Art 143), Writ (Art 32), Judicial Review.
First CJI: Harilal J. Kania. M. Hidayatullah served as Acting President.
First female SC judge: M. Fathima Beevi. First female CJI likely B.V. Nagarathna (2027).
Motto: Yato Dharmastato Jayah.
Registry headed by Secretary General (Art 146).
High Courts (HC):
Highest court in state (Art 214 mandates HC for each state, Art 231 allows common HC). Total 25 HCs (as of March 2022). Oldest: Calcutta (1862). Allahabad HC has largest bench strength (160). Guwahati HC has largest jurisdiction (4 states).
Appointment: By President (consults CJI, Governor, CJ of HC).
Term: Until age 62. Removal similar to SC judge.
Oath: Before Governor (Art 219). Transfer by President after consulting CJI (Art 222).
Writ Jurisdiction (Art 226).
Common HC for Punjab & Haryana at Chandigarh. Delhi HC established 1966.
Subordinate Courts: District & Sessions Judge under control of HC (Art 235).
Independence: Judiciary independent of Executive. Feature borrowed from USA.
Judicial Review: Power to examine constitutionality of laws/actions. Implicit in Art 13, 32, 226. Basic structure feature (cannot be amended).
19. Panchayati Raj (PRI)
System of rural local self-government. Given constitutional status by 73rd Amendment Act, 1992 (came into effect April 24, 1993 - Panchayati Raj Day).
Added Part IX (Art 243 to 243-O) and 11th Schedule (29 subjects) to Constitution.
Three-Tier System (Balwant Rai Mehta Committee, 1957 recommendation):
Gram Panchayat (Village level)
Panchayat Samiti / Block Panchayat (Block level) - Chairman elected by Samiti members.
Zila Parishad (District level)
Gram Sabha (Art 243A): Foundation. General assembly of all registered voters (18+ years) in Panchayat area. Permanent unit.
Gram Panchayat (Art 243B, 243C): Executive committee. Headed by Sarpanch/President (elected as per State Act, usually for 5 years).
Elections: Conducted by State Election Commission (Art 243K). Held every 5 years. If dissolved, re-election within 6 months (Art 243E).
Reservations (Art 243D): Min 1/3rd seats reserved for women (including SC/ST women seats). Reservation for SC/ST based on population. Bihar first state (2006) to reserve 50% for women.
Finance Commission (State) (Art 243I): Constituted by Governor every 5 years to review financial position.
First Adoption: Rajasthan (Nagaur district, Oct 2, 1959), followed by Andhra Pradesh.
Exceptions: Not applicable in Nagaland, Meghalaya, Mizoram, Delhi UT.
PESA Act, 1996: Panchayats (Extension to Scheduled Areas) Act. Extends Part IX provisions to Schedule V areas with modifications (based on Bhuria Committee report).
Minimum Age: 21 years to be a member (Art 243F).
Committees: Balwant Rai Mehta (1957 - 3 tier), Ashok Mehta (1977 - 2 tier), GVK Rao (1985), LM Singhvi (1986 - constitutional status), PK Thungon (1989 - constitutional recognition).
20. Election Commission (ECI)
Constitutional Body (Art 324, Part XV). Established Jan 25, 1950 (National Voters' Day).
Responsible for elections to: Parliament, State Legislatures, President, Vice-President.
NOT responsible for Panchayat/Municipality elections (done by State EC - Art 243K, 243ZA).
Composition: Chief Election Commissioner (CEC) + other Election Commissioners (number fixed by President). Currently 1 CEC + 2 ECs.
Appointment: By President (Art 324).
Tenure: 6 years or up to age 65, whichever is earlier.
Removal: CEC removed like SC Judge (impeachment). ECs removed on recommendation of CEC.
Powers: Superintendence, direction, control of elections; preparation of electoral rolls.
Voting Age: Reduced from 21 to 18 by 61st Amendment Act, 1988 (effective March 28, 1989).
Franchise (Art 326): Universal adult suffrage (18+ years). Mentally disabled persons generally cannot vote. Only persons on voter list can vote (Art 325 - no discrimination).
EVMs: Electronic Voting Machines. First used experimentally in Kerala (1982). Full name: Electronic Voting Machine.
NOTA: 'None Of The Above' option. Introduced based on SC ruling (2013). First used in assembly elections Nov 2013.
Model Code of Conduct: Norms for parties/candidates during election time. Effective from announcement of election dates till declaration of results.
First CEC: Sukumar Sen.
21. Official Languages
Constitutional Provisions: Part XVII (Articles 343-351).
Official Language of Union (Art 343): Hindi in Devanagari script. English allowed as associate official language for 15 years (extended by Official Languages Act, 1963).
8th Schedule: Lists recognized official languages. Originally 14 languages. Now 22 languages.
Sindhi added by 21st Amend (1967).
Konkani, Manipuri, Nepali added by 71st Amend (1992).
Bodo, Dogri, Maithili, Santhali added by 92nd Amend (2003/2004).
Rajasthani, Garhwali, English are NOT in 8th Schedule. Awadhi also not mentioned.
Official Languages Act, 1963: Enacted for continued use of English. Passed in 1963.
Classical Languages: Status given to 6 languages: Tamil (2004), Sanskrit (2005), Kannada (2008), Telugu (2008), Malayalam (2013), Odia (2014).
State Languages: e.g., Nagaland (English), Goa (Konkani), Kerala (Malayalam), Tripura (Bengali, Kokborok), Telangana (Telugu, Urdu - 2nd official 2017). Malayalam is a Dravidian language; Marathi is not.
Language in Courts (Art 348): Proceedings in SC and HCs shall be in English, until Parliament provides otherwise.
Hindi Diwas: September 14 (Hindi adopted as official language on this day in 1949).
22. Emergency Provisions
Location: Part XVIII (Articles 352-360). Source: Germany (suspension of FRs), GoI Act 1935.
Types:
National Emergency (Art 352): Grounds: War, external aggression, armed rebellion. Declared by President. FRs suspended (except Art 20, 21). Art 19 automatically suspended only if emergency on grounds of war/external aggression.
State Emergency / President's Rule (Art 356): Grounds: Failure of constitutional machinery in state. Declared by President on Governor's report or otherwise. State govt dissolved/suspended, Parliament assumes legislative power. Budget presented in Lok Sabha. Never imposed in Chhattisgarh, Telangana (as per doc context).
Financial Emergency (Art 360): Grounds: Threat to financial stability/credit of India. Declared by President.
Declaration: By President, usually on advice of Cabinet.
Internal Emergency (1975-77): Declared by Indira Gandhi govt.
23. Constitutional Amendment
Power: Vested in Parliament (Art 368, Part XX).
Procedure: Bill can originate in either House. Requires special majority (majority of total membership + 2/3rd of members present & voting). Amendments affecting federal structure also need ratification by half of state legislatures. President's assent is mandatory.
Basic Structure Doctrine: Propounded in Kesavananda Bharati case (1973). Parliament cannot amend 'basic features' of Constitution (e.g., judicial review, federalism, secularism).
Key Amendments:
1st (1951): Added 9th Schedule, amended FRs.
42nd (1976): "Mini Constitution". Added FDs (Part IVA), Preamble words (Socialist, Secular, Integrity). Gave precedence to DPSPs over FRs. Raised LS/Assembly term to 6 yrs.
44th (1978): Removed Right to Property as FR (made legal right Art 300A). Restored LS/Assembly term to 5 yrs. 'Armed rebellion' replaced 'internal disturbance' for National Emergency.
52nd (1985): Added 10th Schedule (Anti-Defection Law).
56th (1987): Made Goa a state, formed Daman & Diu UT.
61st (1988): Reduced voting age from 21 to 18.
69th (1991): Granted special status to Delhi (NCT).
73rd (1992): Constitutional status to Panchayats (Part IX, 11th Schedule).
74th (1992): Constitutional status to Municipalities (Part IXA, 12th Schedule).
86th (2002): Made Right to Education FR (Art 21A), added 11th FD (Art 51A(k)), modified DPSP Art 45.
91st (2003): Restricted size of CoM (15% limit).
92nd (2003): Added Bodo, Dogri, Maithili, Santhali to 8th Schedule.
93rd (2005): Reservation for OBCs in private higher education institutions.
96th (2011): Changed 'Oriya' to 'Odia'.
99th (2014): National Judicial Appointments Commission (NJAC) (later struck down by SC).
100th (2015): Land Boundary Agreement with Bangladesh.
101st (2016): Goods and Services Tax (GST) (Art 279A - GST Council). Came into effect July 1, 2017.
102nd (2018): Constitutional status to National Commission for Backward Classes (NCBC).
103rd (2019): 10% reservation for Economically Weaker Sections (EWS). (Based on 124th Bill).
104th (2019): Abolished Anglo-Indian nomination; extended SC/ST reservation.
Total amendments (as of context): ~105.
24. Attorney General (AG) / Comptroller and Auditor General (CAG)
Attorney General (AG) (Art 76):
Highest law officer of India. Part of Union Executive.
Appointed by President. Qualification: Eligible to be SC Judge.
Term: Holds office during pleasure of President (term not fixed/uncertain).
Functions: Advise GoI on legal matters, represent GoI in courts.
Rights: Right of audience in all courts, right to speak/participate in Parliament (cannot vote).
First AG: M.C. Setalvad (longest serving).
Comptroller and Auditor General (CAG) (Art 148-151):
Constitutional Body. Head of Indian Audit and Accounts Dept. Guardian of public purse.
Appointed by President (Art 148).
Term: 6 years or up to age 65.
Removal: Same manner as SC Judge (impeachment).
Functions: Audits accounts of Union and States/UTs. Submits reports to President/Governor.
Independence ensured by Constitution. Sole authority for audit.
25. Political Parties
System in India: Multi-party system.
Registration: Governed by Sec 29A, Representation of the People Act, 1951.
National Party Recognition Criteria (ECI): (Need to fulfill one)
Win 2% seats in Lok Sabha from at least 3 states.
Poll 6% valid votes in 4+ states (LS or Assembly elections) + win 4 LS seats.
Recognized as State Party in 4+ states.
Notable Parties & Symbols:
Bahujan Samaj Party (BSP): Founded by Kanshi Ram (1984). Symbol: Elephant. Leader: Mayawati.
Nationalist Congress Party (NCP): Founded 1999. Symbol: Clock. Leader: Sharad Pawar. (Lost national status 2023).
All India Trinamool Congress (AITC/TMC): Founded by Mamata Banerjee (1998). Symbol: Jora Ghas Phool (Grass with two flowers). Recognized national party 2016. (Lost national status 2023).
Communist Party of India (CPI): Symbol: Ears of corn and Sickle. (Lost national status 2023).
Communist Party of India (Marxist): Founded 1964.
Shiromani Akali Dal: Punjab regional party.
Shiv Sena: Maharashtra regional party. Symbol: Bow and Arrow.
Telugu Desam Party (TDP): Andhra/Telangana party. Founded by N.T. Rama Rao (1982). Leader: Chandrababu Naidu.
Telangana Rashtra Samiti (TRS): Founded by K. Chandrashekar Rao.
Mizo National Front (MNF): Founded by Laldenga (1961).
Dravida Munnetra Kazhagam (DMK): Founded by C.N. Annadurai. Symbol: Rising Sun.
All India Anna Dravida Munnetra Kazhagam (AIADMK): Founded by M.G. Ramachandran (1972).
Jammu & Kashmir National Conference: Leader: Omar Abdullah.
Aam Aadmi Party (AAP): Founded 2012. Symbol: Broom. (Gained national status 2023).
First Non-Congress Govt: Janata Party (1977-80), PM Morarji Desai.
National Democratic Alliance (NDA): Led by BJP. Founded 1998.
26. National Emblem & Symbols
National Emblem: Adaptation of Lion Capital of Ashoka at Sarnath. Adopted Jan 26, 1950. Motto 'Satyameva Jayate' (Truth alone Triumphs) below it, from Mundaka Upanishad, written in Devanagari script.
National Flag (Tricolour): Designed by Pingali Venkayya. Adopted July 22, 1947. Ratio 3:2 (Length:Width). Saffron (Courage/Sacrifice), White (Truth/Peace/Purity), Green (Prosperity). Ashoka Chakra (Wheel of Law/Dharma) in centre (navy blue, 24 spokes). Flag Code 2002 governs hoisting (effective Jan 26, 2002). Right to hoist flag is FR (Art 19). Position when displayed with other flags: Extreme right.
National Anthem: 'Jana Gana Mana'. Written by Rabindranath Tagore. First sung Dec 27, 1911 (INC Calcutta session). Adopted Jan 24, 1950.
National Song: 'Vande Mataram'. Written by Bankim Chandra Chatterjee (from novel Anandamath). First sung 1896 (INC Calcutta session).
National Calendar: Saka Era (starts 78 AD). Adopted March 22, 1957. First month Chaitra.
National Animal: Royal Bengal Tiger.
National Bird: Indian Peacock.
National Flower: Lotus.
National Tree: Indian Banyan.
National Fruit: Mango.
National River: Ganga.
National Aquatic Animal: Ganges River Dolphin (Susu). Declared 2009. Protected under Wildlife Act 1972. National Dolphin Day: Oct 5.
National Heritage Animal: Indian Elephant.
National Pledge: Written by Pydimarri Venkata Subba Rao.
National Motto: Satyameva Jayate.
State Symbols:
Uttarakhand Flower: Brahma Kamal.
Madhya Pradesh Sport: Mallakhamb (declared 2013).
Andhra Pradesh Animal: Black Buck.
Karnataka/Haryana/J&K Flower: Lotus.
Jharkhand/UP Flower: Palash.
Nagaland Flower: Rhododendron.
Maharashtra Animal: Indian Giant Squirrel.
27. Planning Commission / NITI Aayog
Planning Commission: Established March 15, 1950 by govt resolution (non-constitutional, non-statutory body). Formulated Five Year Plans. Chairman: Prime Minister. First Deputy Chairman: Gulzarilal Nanda. Dissolved in 2014.
NITI Aayog (National Institution for Transforming India): Replaced Planning Commission on Jan 1, 2015. Policy 'Think Tank'. Follows 'Bottom-up' approach, promotes cooperative federalism.
Chairman: Prime Minister (Ex-officio). First Chairman: Narendra Modi.
Governing Council: PM, CMs of all states, LGs of UTs.
National Development Council (NDC): Established Aug 6, 1952. Executive body. Presided by PM. Includes Union Ministers, CMs, Administrators of UTs, NITI Aayog members. Gives final approval to Five Year Plans.
Five Year Plans: First plan started 1951 (Chairman Nehru). Eighth Plan (1992-97) under PV Narasimha Rao govt. 'Rolling Plans' introduced by Janata Govt (1978-80) under Morarji Desai.
28. Major Commissions and Constitutional Institutions
Constitutional Bodies: Mentioned in Constitution, derive power from it. Changes require constitutional amendment. Examples: Election Commission, UPSC, SPSC, Finance Commission, CAG, AG, National Commission for SCs, NCST, NCBC (102nd Amend).
Non-Constitutional Bodies: Created by govt action (executive resolution) or statute (Act of Parliament).
Statutory: National Human Rights Commission (NHRC - established 1993 under PHRA 1993), National Commission for Women (NCW - est 1992), Central Information Commission (CIC).
Executive: NITI Aayog, NDC.
Finance Commission (Art 280): Constitutional body. Constituted by President every 5 years. Recommends distribution of taxes between Union & States. First Chairman: K.C. Neogy (1951). 13th Chairman: Vijay Kelkar. 15th Chairman: N.K. Singh.
State Finance Commission (Art 243I, 243Y): Constitutional body. Constituted by Governor every 5 years. Recommends measures to augment Consolidated Fund of State for Panchayats/Municipalities.
Election Commission (Art 324): Constitutional body. (See Section 20).
UPSC / SPSC (Art 315): Constitutional body. Conduct exams for Union/State services.
Comptroller and Auditor General (CAG) (Art 148): Constitutional body. (See Section 24).
Attorney General (AG) (Art 76): Constitutional body. (See Section 24).
National Commission for Backward Classes (NCBC): Granted Constitutional status by 102nd Amendment.
Sarkaria Commission (1983): Examined Centre-State relations.
Kothari Commission (1964): National Education Commission.
Sapru Committee (1944/45): Appointed by Non-Party Conference to examine communal question. Rejected Pakistan demand.
Ramanandan Committee (1992/93): Identified 'creamy layer' in OBCs for exclusion from reservation benefits.
Backward Class Commissions: First (1953) chaired by Kaka Kalekar. Second (1978) chaired by B.P. Mandal.
29. Polity Miscellaneous
Federalism: System dividing power between Centre and States. Consequence: Multi-level government. India is federal with unitary bias (quasi-federal).
Unitary Features: Strong Centre, Single Citizenship, Integrated Judiciary, All-India Services, Emergency provisions, Governor appointment by Centre. Non-flexibility (rigidity) is a federal feature.
Right to Information (RTI) Act, 2005: Passed May/June 2005, came into force Oct 12, 2005. Empowers citizens to seek info from govt. Some organizations exempted (e.g., RAW, IB). Competition Commission of India (CCI) is NOT exempt.
Lokpal and Lokayukta Act, 2013: Establishes Lokpal (Centre) and Lokayukta (States) as anti-corruption ombudsmen. Statutory bodies. First Lokpal: Pinaki Chandra Ghosh.
Insolvency and Bankruptcy Code, 2016: Enabled creditor recovery. Got President's nod May 28, 2016. Amendment Ordinance 2018 gave home buyers status of financial creditors.
Indian Official Secrets Act: Passed 1904 (strengthened 1889 Act), replaced by 1923 Act. Restricts freedom of press regarding government secrets.
Trade Union Act: Passed 1926. Protects workers' rights.
Indian Penal Code (IPC): Drafted by First Law Commission (Macaulay, 1834). Enacted 1860. Full form: Indian Penal Code. Section 377 (Unnatural Offences) partly struck down by SC. Section 66A (IT Act - offensive messages) struck down by SC.
Criminal Procedure Code (CrPC): Section 144 empowers Executive Magistrate to prohibit assembly of 4+ persons.
Dowry Prohibition Act, 1961: Criminalizes giving/receiving dowry. CrPC Sections 174, 176 used for enquiry/investigation.
POCSO Act, 2012: Protection of Children from Sexual Offences Act.
Juvenile Justice (Care and Protection of Children) Act, 2015: Defines 'child' as person below 18 years.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
National Air Sports Policy (NASP), 2022: Released by Ministry of Civil Aviation. Lists 11 air sports. Aims to make India top air sports nation by 2030.
SPIC MACAY: Founded 1977 by Dr. Kiran Seth. Promotes Indian classical music/culture among youth.
Gandhi Smriti and Darshan Samiti (GSDS): Formed Sept 1984. Promotes Gandhian philosophy.
Parliament of Pakistan: Majlis-e-Shoora.
Gazette of India: Official publisher: Controller of Publication.
Irwin Stadium: Former name of National Stadium, Delhi, where first Republic Day parade held.
Railway Protection Force (RPF): Renamed Indian Railway Protection Force Service. Not under MHA.
Afghanistan Political System: Islamic Emirate of Afghanistan (as per doc context).
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