Chapter 1 - Indian Polity (SSC, Railway, Police & All State exam) | DocShare

Indian Polity (SSC, Railway, Police & All State exam)Chapter Unit

Indian Polity: Indian Constitution

Introduction to the Indian Constitution

Definition: The Indian Constitution is the supreme law of India, establishing the framework for political principles, structures, procedures, and duties of the government institutions.
Adoption: Drafted by the Constituent Assembly, it was adopted on 26th November 1949 and came into force on 26th January 1950.

Historical Background

Regulating Acts: Starting with the Regulating Act of 1773, British colonial rule introduced several acts to administer India. Key acts include:
- Pitt’s India Act, 1784
- Charter Acts (1793-1853)
- Government of India Act, 1858: Transferred administrative power to the British Crown.
- Indian Councils Act, 1861 and 1892
- Government of India Act, 1919: Introduced Dyarchy at the provincial level.
- Government of India Act, 1935: Provided for provincial autonomy and a federal structure, serving as the foundation for India's Constitution.

Features of the Indian Constitution

Written and Lengthy: The Constitution has 448 Articles, 25 Parts, and 12 Schedules.
Single Citizenship: Unlike the USA, India provides a single citizenship for all its citizens.
Federal in Nature: A quasi-federal system with a strong central government.
Parliamentary Form of Government: Inspired by the British parliamentary system.
Independent Judiciary: Ensures separation of powers and upholds the Constitution.
Secular State: India has no state religion; equal respect for all religions.
Universal Adult Franchise: Right to vote for all citizens aged 18 and above.

Philosophy of the Indian Constitution: The Preamble

Text: "We, the People of India..."
Key Words in the Preamble:
- Sovereign: India is free to determine its internal and external policies.
- Socialist: Emphasis on reducing inequalities in income and wealth.
- Secular: Freedom to practice, profess, and propagate any religion.
- Democratic: India follows a representative parliamentary democracy.
- Republic: The head of state is elected, not hereditary.
Amendment: The 42nd Amendment (1976) added "Socialist," "Secular," and "Integrity."

Objectives of the Constitution

The Constitution aims to secure:

Justice: Social, economic, and political.
Liberty: Of thought, expression, belief, faith, and worship.
Equality: Of status and opportunity.
Fraternity: Promoting unity and dignity of individuals.

Sources of the Indian Constitution

The Indian Constitution borrowed provisions from several sources:

Government of India Act, 1935: Federal structure, emergency provisions, Public Service Commissions.
British Constitution: Parliamentary system, rule of law.
US Constitution: Fundamental Rights, judicial review.
Irish Constitution: Directive Principles of State Policy.
Canadian Constitution: Strong Centre with residuary powers.
Australian Constitution: Concurrent list, trade, and commerce provisions.

Making of the Indian Constitution

Constituent Assembly:
- Formed under the Cabinet Mission Plan (1946).
- Initially had 389 members, later reduced to 299 after partition.
- First meeting: 9th December 1946.
- Drafting Committee: Chaired by Dr. B.R. Ambedkar.
Adoption and Enforcement:
- Adopted: 26th November 1949.
- Enforced: 26th January 1950 (celebrated as Republic Day).

Table: Important Committees and Chairpersons

Committee	Chairperson	Role
Drafting Committee	Dr. B.R. Ambedkar	Drafted the Indian Constitution
Union Powers Committee	Jawaharlal Nehru	Defined the Union's powers
Provincial Constitution Committee	Sardar Patel	Drafted the provincial constitution
Advisory Committee on Fundamental Rights	Sardar Patel	Recommended fundamental rights and minority rights

Salient Features of the Indian Constitution

Rigid and Flexible:
- Certain provisions require a special majority (e.g., Fundamental Rights), making the Constitution rigid.
- Some provisions can be amended by a simple majority, offering flexibility.
Fundamental Rights:
- Guaranteed to every citizen and enforceable by courts.
- Inspired by the US Bill of Rights.
Directive Principles of State Policy (DPSP):
- Borrowed from the Irish Constitution.
- Guidelines for the state to achieve socio-economic welfare.
Fundamental Duties:
- Inspired by the Russian Constitution, added by the 42nd Amendment Act (1976).
Emergency Provisions:
- Central government can assume extraordinary powers under specific circumstances:
  - National Emergency (Article 352)
  - President’s Rule (Article 356)
  - Financial Emergency (Article 360).

Schedules of the Indian Constitution

The original Constitution had 8 Schedules; there are now 12. Here’s a brief overview:

Schedule	Subject	Key Details
Schedule I	Names of states and union territories	Changes in state boundaries.
Schedule II	Provisions related to the President, Governors	Details salaries and allowances.
Schedule III	Forms of oaths	Oaths for Union/State officials.
Schedule IV	Allocation of Rajya Sabha seats	Allocation of seats to states and UTs.
Schedule V	Administration of Scheduled Areas and Tribes	Special provisions for Scheduled Areas.
Schedule VI	Provisions for tribal areas in NE India	Autonomous District Councils.
Schedule VII	Division of powers between Union and States	Lists: Union, State, Concurrent.
Schedule VIII	Official languages	Recognizes 22 languages.
Schedule IX	Validation of certain acts/laws	Protects laws from judicial review (initially for land reforms).
Schedule X	Anti-defection law	Deals with disqualification of MPs/MLAs.
Schedule XI	Panchayati Raj	Powers and responsibilities of Panchayats.
Schedule XII	Municipalities	Powers and responsibilities of municipalities.

Parts of the Indian Constitution

The Constitution is divided into 25 Parts, with each addressing specific aspects:

Part	Articles Covered	Subject
Part I	Articles 1-4	Union and its territory
Part II	Articles 5-11	Citizenship
Part III	Articles 12-35	Fundamental Rights
Part IV	Articles 36-51	Directive Principles of State Policy
Part IVA	Article 51A	Fundamental Duties
Part V	Articles 52-151	Union Government
Part VI	Articles 152-237	State Governments
Part IX	Articles 243-243O	Panchayati Raj

Union and State Lists

The Constitution defines legislative powers via three lists in Schedule VII:

Union List (97 Subjects):
- Matters under the central government, e.g., defense, foreign affairs.
State List (66 Subjects):
- Matters under the state governments, e.g., police, public health.
Concurrent List (47 Subjects):
- Shared responsibilities, e.g., education, criminal law.

Articles in Focus

Article 1: India is a Union of States.
Article 3: Formation of new states and alteration of boundaries.
Article 14: Equality before law.
Article 19: Freedom of speech and expression.
Article 32: Right to constitutional remedies.
Article 44: Uniform Civil Code.
Article 368: Amendment of the Constitution.

Committees Involved in the Drafting Process

The Constituent Assembly had several committees that helped draft the Constitution. Some key committees include:
- Drafting Committee: Dr. B.R. Ambedkar.
- Union Constitution Committee: Jawaharlal Nehru.
- Provincial Constitution Committee: Sardar Vallabhbhai Patel.
- Fundamental Rights Sub-Committee: J.B. Kripalani.

Important Dates Related to the Constitution

Event	Date
Objective Resolution adopted	13th December 1946
Draft Constitution prepared	February 1948
Constitution adopted	26th November 1949
Constitution came into force	26th January 1950

Important Provisions of the Indian Constitution

Citizenship (Articles 5–11):
- Defines who is a citizen of India at the commencement of the Constitution.
- Empowers Parliament to regulate citizenship (e.g., Citizenship Act of 1955).
- Acquisition of citizenship: Birth, descent, registration, naturalization, and incorporation of territory.
Fundamental Rights (Articles 12–35):
- Guaranteed to protect individual liberty and equality.
- Six Categories:
  1. Right to Equality (Articles 14–18):
    - Equality before the law.
    - Prohibition of discrimination.
    - Abolition of untouchability.
  2. Right to Freedom (Articles 19–22):
    - Freedom of speech, expression, assembly, and movement.
    - Protection in case of arrest and detention.
  3. Right Against Exploitation (Articles 23–24):
    - Prohibits human trafficking and child labor.
  4. Right to Freedom of Religion (Articles 25–28):
    - Freedom to practice and propagate any religion.
  5. Cultural and Educational Rights (Articles 29–30):
    - Protection of minority culture and education.
  6. Right to Constitutional Remedies (Article 32):
    - Empowered to approach the Supreme Court for enforcement of Fundamental Rights.
    - Known as the "Heart and Soul of the Constitution" (Dr. B.R. Ambedkar).
Directive Principles of State Policy (Articles 36–51):
- Aimed at establishing a welfare state.
- Categories:
  - Socialist Principles: Right to work, education, and public assistance.
  - Gandhian Principles: Promotion of village panchayats, prohibition of intoxicating drinks.
  - Liberal Principles: Uniform civil code, protection of international peace.
- Non-justiciable but fundamental to governance.
Fundamental Duties (Article 51A):
- Added by the 42nd Amendment Act, 1976.
- Duties include respecting the Constitution, promoting harmony, safeguarding public property, and protecting the environment.

Amendment of the Constitution (Article 368)

Types of Amendments:
- Simple Majority: E.g., renaming states.
- Special Majority: Requires two-thirds of the members present and voting.
- Special Majority + Ratification: Requires approval by half of the state legislatures (e.g., federal structure amendments).
Notable Amendments:
- 42nd Amendment (1976): Known as the "Mini-Constitution," added Fundamental Duties and terms like "Socialist" and "Secular."
- 44th Amendment (1978): Repealed the right to property as a Fundamental Right.
- 73rd and 74th Amendments (1992): Introduced Panchayati Raj and Municipalities.

Emergency Provisions (Articles 352–360)

National Emergency (Article 352):
- Declared during external aggression or internal disturbance.
- Fundamental Rights under Articles 19 may be suspended.
President’s Rule (Article 356):
- Imposed if a state government is unable to function as per the Constitution.
- Maximum duration: 6 months (can be extended with Parliamentary approval).
Financial Emergency (Article 360):
- Declared during financial instability threatening India's sovereignty.
- Salaries of government officials can be reduced.

Judicial Review

Ensures the Constitution is the supreme law.
Courts have the power to strike down laws that contravene the Constitution.
Landmark cases:
- Kesavananda Bharati Case (1973): Established the doctrine of the basic structure of the Constitution.
- Minerva Mills Case (1980): Reaffirmed the basic structure doctrine.

Schedules in Detail

Schedule	Purpose
Schedule XI	Powers, authority, and responsibilities of Panchayats.
Schedule XII	Powers, authority, and responsibilities of Municipalities.

Key Articles of the Indian Constitution

Article	Provision
Article 14	Equality before the law
Article 19	Freedom of speech
Article 21	Right to life and personal liberty
Article 32	Right to constitutional remedies
Article 44	Uniform Civil Code
Article 368	Procedure for amendment

Significance of the Indian Constitution

The Indian Constitution is a dynamic and evolving document that has been amended several times to address emerging needs and challenges.
Its comprehensive nature ensures inclusivity and equality, making it a guiding force for governance in India.