Indian Polity Study Guide

Indian Polity refers to the study of the political system and governance structures of India. It encompasses the Constitution, the organs of government, the political processes, and the various institutions that make up the Indian state. For competitive examinations, Indian Polity is one of the most scoring and important subjects, as questions are often straightforward and based on constitutional provisions.

The foundation of Indian Polity is the Constitution of India, which came into effect on January 26, 1950. India is a Sovereign, Socialist, Secular, Democratic Republic with a Parliamentary form of government. The Constitution establishes a federal structure with a strong central government, an independent judiciary, and guaranteed fundamental rights to all citizens.

Understanding Indian Polity is essential not just for competitive exams but also for being an informed citizen. It helps in understanding how laws are made, how the government functions, what rights citizens have, and how disputes are resolved. This guide covers all major aspects of Indian Polity relevant for UPSC, SSC, Banking, Railway, and State PSC examinations.

2.1 Making of the Constitution

The Constitution of India was framed by the Constituent Assembly, which was established in 1946 under the Cabinet Mission Plan. The Assembly had 389 members, and Dr. Rajendra Prasad was elected as its President. Dr. B.R. Ambedkar was the Chairman of the Drafting Committee and is known as the "Father of the Indian Constitution."

The Constituent Assembly took 2 years, 11 months, and 18 days to frame the Constitution. The Constitution was adopted on November 26, 1949 (celebrated as Constitution Day), and came into effect on January 26, 1950 (Republic Day). The original Constitution had 395 Articles, 22 Parts, and 8 Schedules.

2.2 The Preamble

The Preamble is the introduction to the Constitution and contains the ideals and objectives of the Constitution. It is based on the Objectives Resolution moved by Jawaharlal Nehru. The Preamble declares India to be a Sovereign, Socialist, Secular, Democratic, Republic, and aims to secure Justice, Liberty, Equality, and Fraternity for all citizens.

2.3 Sources of the Constitution

The Indian Constitution drew from various sources:

• Government of India Act, 1935: Federal scheme, office of Governor, Public Service Commission, emergency provisions
• British Constitution: Parliamentary government, Rule of Law, single citizenship, legislative procedures
• US Constitution: Fundamental Rights, independence of judiciary, judicial review, Preamble
• Irish Constitution: Directive Principles of State Policy, nomination of Rajya Sabha members
• Canadian Constitution: Federation with strong Centre, distribution of powers, residuary powers
• Australian Constitution: Concurrent List, freedom of trade and commerce
• German Constitution: Suspension of Fundamental Rights during emergency
• French Constitution: Republic, ideals of Liberty, Equality, Fraternity
• Soviet Constitution: Fundamental Duties, ideal of justice in Preamble

3.1 Fundamental Rights (Part III: Articles 12-35)

Fundamental Rights are basic rights guaranteed to all citizens (and some to non-citizens) by the Constitution. They are justiciable, meaning they can be enforced through courts. Originally, there were seven Fundamental Rights, but the Right to Property was removed by the 44th Amendment (1978) and made a legal right under Article 300A.

3.2 Writs under Article 32

• Habeas Corpus: Against unlawful detention - "produce the body"
• Mandamus: Commands public authority to perform duty - "we command"
• Certiorari: Transfers case from lower to higher court - "to be certified"
• Prohibition: Prevents lower court from exceeding jurisdiction - "to forbid"
• Quo Warranto: Questions authority of person holding public office - "by what authority"

3.3 Fundamental Duties (Part IVA: Article 51A)

Fundamental Duties were added by the 42nd Amendment (1976) on the recommendation of the Swaran Singh Committee. Originally 10 duties, an 11th was added by the 86th Amendment (2002) regarding education of children.

Directive Principles of State Policy (DPSP) are contained in Part IV (Articles 36-51) of the Constitution. Borrowed from the Irish Constitution, they are guidelines for the government in making policies. Unlike Fundamental Rights, DPSPs are non-justiciable, meaning they cannot be enforced through courts.

4.1 Classification of DPSPs

• Socialistic Principles: Article 38 (social, economic, political justice), Article 39 (equitable distribution of wealth), Article 41 (right to work, education), Article 42 (just and humane conditions of work), Article 43 (living wage for workers), Article 47 (nutrition and public health)
• Gandhian Principles: Article 40 (Panchayati Raj), Article 43 (cottage industries), Article 46 (welfare of SC/ST/weaker sections), Article 47 (prohibition of intoxicating drinks), Article 48 (cow slaughter prohibition)
• Liberal-Intellectual Principles: Article 44 (Uniform Civil Code), Article 45 (early childhood care), Article 48A (environment protection), Article 49 (protection of monuments), Article 50 (separation of judiciary from executive), Article 51 (international peace and security)

5.1 The President

The President is the head of state and the supreme commander of the armed forces. The President is elected by an electoral college consisting of elected members of both Houses of Parliament and State Legislative Assemblies. The term is 5 years, and a person can be re-elected any number of times.

• Qualifications: Citizen of India, 35 years of age, qualified for Lok Sabha membership
• Executive Powers: All executive actions in President's name, appoints PM, Ministers, Governors, Judges, etc.
• Legislative Powers: Summons, prorogues, dissolves Parliament; assents to bills; issues ordinances
• Judicial Powers: Pardoning powers under Article 72 (pardon, commute, reprieve, respite, remission)
• Emergency Powers: Can declare National Emergency (Art. 352), President's Rule (Art. 356), Financial Emergency (Art. 360)

5.2 The Prime Minister and Council of Ministers

The Prime Minister is the head of government and the leader of the majority party in Lok Sabha. The PM is appointed by the President and advises on ministerial appointments. The Council of Ministers is collectively responsible to the Lok Sabha (Article 75).

Parliament is the supreme legislative body of India, consisting of the President and two Houses: Rajya Sabha (Council of States) and Lok Sabha (House of the People). Parliament has the power to make laws on subjects in the Union List and Concurrent List.

6.1 Rajya Sabha (Upper House)

• Maximum Strength: 250 members (238 elected + 12 nominated by President)
• Current Strength: 245 members
• Election: Indirectly elected by State Legislative Assembly members
• Term: 6 years (1/3 members retire every 2 years)
• Chairman: Vice President of India (ex-officio)
• Special Powers: Can declare any subject as national importance (Article 249), create new All-India Services (Article 312)

6.2 Lok Sabha (Lower House)

• Maximum Strength: 552 (530 from States + 20 from UTs + 2 Anglo-Indians nominated - nomination discontinued from 2020)
• Current Strength: 543 elected members
• Election: Directly elected by adult suffrage
• Term: 5 years (can be dissolved earlier)
• Speaker: Elected from among members
• Special Powers: Money bills can only be introduced here; has greater power in financial matters

6.3 Legislative Process

A bill becomes an Act after being passed by both Houses and receiving Presidential assent. Types of bills include Ordinary Bills, Money Bills (only in Lok Sabha), Financial Bills, Constitutional Amendment Bills, and Ordinance Replacing Bills.

India has an integrated judicial system with the Supreme Court at the apex, followed by High Courts at the state level and subordinate courts at the district level. The judiciary is independent of the executive and legislature.

7.1 Supreme Court

• Composition: Chief Justice of India (CJI) + 33 other judges (maximum 34)
• Appointment: By President on advice of collegium (CJI + 4 senior judges)
• Qualifications: Citizen of India, Judge of HC for 5 years or Advocate of HC for 10 years or Distinguished jurist
• Tenure: Until 65 years of age
• Removal: By President on address by Parliament (impeachment)

7.2 High Courts

High Courts are the highest courts in states. Currently, there are 25 High Courts in India. A High Court has original, appellate, and supervisory jurisdiction over all subordinate courts in its territory. High Court judges retire at 62 years.

India is described as "a Union of States" (Article 1). The Constitution provides for a federal structure with strong unitary features. The division of powers between Centre and States is through three lists in the Seventh Schedule.

8.1 Administrative Relations

The Constitution provides for administrative cooperation between Centre and States. The Centre can give directions to States on certain matters (Articles 256-257). All-India Services (IAS, IPS, IFS) serve both Centre and States.

8.2 Financial Relations

Tax powers are divided between Centre and States. The Finance Commission recommends distribution of taxes between Centre and States. The Centre provides grants-in-aid to States (Articles 275, 282). GST (101st Amendment, 2016) transformed India's indirect tax structure.