Indian Polity Notes
Indian Polity Notes
Indian Polity Notes
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INDIAN POLITY
S.No Contents Page number
1 Constituent Assembly 2
2 Salient features of the Constitution 3
3 Important articles of the Constitution 4
4 Schedules of the Constitution 7
5 Sources of the Constitution 8
6 Fundamental Rights 9
7 Emergency Provisions 10
8 Union and its Territory 11
9 Special Provisions for Some States 11
10 Constitutional Bodies 12
11 Non-Constitutional Bodies 14
12 Central Government 16
13 Supreme Court 19
14 State Government 20
15 Indian Polity One Liners 22
16 Important Constitutional Amendments 27
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CONSTITUENT ASSEMBLY
The Constituent Assembly was formed on the recommendation of the cabinet mission in 1946
The Constituent Assembly held its first meeting on December 9, 1946
Dr. Sachchidanand Sinha, the oldest member was elected as the temporary President of the Assembly
Dr. Rajendra Prasad was elected as the First President of the Assembly
On December 13, 1946 Jawaharlal Nehru moved the historic Objectives Resolution in the Assembly
The Preamble to the Indian Constitution is based on the ‘Objectives Resolution’, drafted and moved by Pandit
Nehru, and adopted by the Constituent Assembly
Constituent Assembly as the provisional parliament of India from January 26, 1950 till the formation of new
Parliament after the first general elections in 1951–52.
The total expenditure incurred on making the Constitution amounted to 64 lakhs
The Constitution as adopted on November 26, 1949, contained a Preamble, 395 Articles and 8 Schedules and
22 parts
Dr BR Ambedkar known as chief architect of Indian Constitution
Chairman of the Constitution Drafting Committee is Dr BR Ambedkar
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The 42nd Amendment Act (1976) known as ‘Mini-Constitution’ due to the important and large number of
changes made by it in various parts of the Constitution.
The term socialist, secular and integrity added to the Preamble of the Indian Constitution by the 42nd
Constitutional Amendment Act of 1976
The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976 on the
recommendation of the Swaran Singh Committee
The Part IV-A of the Constitution (which consists of only one Article—51-A) specifies the eleven
Fundamental Duties
Article 368 in part XX of the constitution deals with the powers of parliament to amend the constitution and
its procedure
The Supreme Court ruled that the constituent power of Parliament under Article 368 does not enable it to alter
the ‘basic structure’ of the Constitution
Single Constitution for both the Centre and the states
India has a Parliamentary Form of Government. India has a Bicameral Legislature with two houses named
Lok Sabha and Rajya Sabha.
The Supreme Court is a federal court, the highest court of appeal, the guarantor of the fundamental rights of
the citizens and the guardian of the Constitution.
Part III of the Indian Constitution guarantees six fundamental rights to all the citizens
1. Right to Equality (Articles 14–18),
2. Right to Freedom (Articles 19–22),
3. Right against Exploitation (Articles 23–24),
4. Right to Freedom of Religion (Articles25–28),
5. Cultural and Educational Rights (Articles 29–30)
6. Right to Constitutional Remedies (Article 32)
Fundamental rights can also be suspended during the operation of a National Emergency except the rights
guaranteed by Articles 20 and 21
The voting age was reduced to 18 years from 21 years in 1989 by the 61st Constitutional Amendment Act of
1988
The Indian Constitution is federal and envisages a dual polity (Centre and states) it provides for only a single
citizenship, that is the Indian citizenship
The 73rd and 74th Constitutional Amendment Acts (1992) have added a third-tier of government.
The 73rd Amendment Act of 1992 gave constitutional recognition to the panchayats (rural local governments)
by adding a new Part IX and a new Schedule 11 to the Constitution.
The 74th Amendment Act of 1992 gave constitutional recognition to the municipalities (urban local
governments) by adding a new Part IX-A and a new Schedule 12 to the Constitution
The constitution of India provides for a parliamentary form of government
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Article 74 and 75 deals with the parliamentary system at the Centre and article 163 and 164 in the states
In 1947, Indian Civil Service (ICS) was replaced by IAS and the Indian Police (IP) was replaced by IPS and
were recognised by the Constitution as All-India Services
In 1966, the Indian Forest Service (IFS) was created as the third All-India Service
Article 312 of the Constitution authorises the Parliament to create new All-India Services on the basis of a
Rajya Sabha resolution
Article 280 provides for a Finance Commission as a quasi-judicial body. It is constituted by the President
every fifth year or even earlier
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FIRST SCHEDULE
1. Names of the States and their territorial jurisdiction.
2. Names of the Union Territories and their extent
SECOND SCHEDULE
Provisions relating to the emoluments, allowances, privileges and so on of
1. The President of India
2. The Governors of States
3. The Speaker and the Deputy Speaker of the Lok Sabha
4. The Chairman and the Deputy Chairman of the Rajya Sabha
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5. The Speaker and the Deputy Speaker of the Legislative Assembly in the states
6. The Chairman and the Deputy Chairman of the Legislative Council in the states
7. The Judges of the Supreme Court
8. The Judges of the High Courts
THIRD SCHEDULE
Forms of Oaths or Affirmations of members of legislatives, ministers and judges
FOURTH SCHEDULE
Allocation of seats in the Rajya Sabha to the states and the union territories
FIFTH SCHEDULE
Provisions relating to the administration and control of scheduled areas and scheduled tribes
SIXTH SCHEDULE
Administration of tribal areas of north-eastern states
SEVENTH SCHEDULE
Distribution of powers between the Union and the States government in terms of Union List, State List and
Concurrent List.
EIGHTH SCHEDULE
Languages recognized by the Constitution. Originally, it had 14 languages but presently there are 22
languages
NINTH SCHEDULE
Validation of certain acts and regulations
This schedule was added by the 1st Amendment (1951)
TENTH SCHEDULE
Provisions relating to disqualification of the members of Parliament and State Legislatures on the ground of
defection.
This schedule was added by the 52nd Amendment Act of 1985, also known as Anti defection Law
ELEVENTH SCHEDULE
Specifies the powers, authority and responsibilities of Panchayats. It has 29 matters.
This schedule was added by the 73rd Amendment Act of 1992
TWELFTH SCHEDULE
Specifies the powers, authority and responsibilities of Municipalities. It has 18 matters
This schedule was added by the 74th Amendment Act of 1992
details
Constitution of Britain Parliamentary government, Rule of Law,
legislative procedure, single citizenship,
cabinet system, prerogative writs,
parliamentary privileges and bicameralism,
office of comptroller & auditor general
Constitution of USA Fundamental rights, independence of judiciary,
judicial review, impeachment of the president,
removal of Supreme Court and high court
judges and post of vice president
Constitution of Ireland Directive Principles of State Policy,
nomination of members to Rajya Sabha and
method of election of president
Constitution of Canada Federation with a strong Centre, vesting of
residuary powers in the Centre, appointment of
state governors by the Centre, and advisory
jurisdiction of the Supreme Court.
Australian Constitution Concurrent List, freedom of trade, commerce
and inter course, and joint sitting of the two
Houses of Parliament
Weimar Constitution of Germany Suspension of Fundamental Rights during
Emergency
French Constitution Republic and the ideals of liberty, equality and
fraternity in the Preamble
South African Constitution Procedure for amendment of the Constitution
and election of members of Rajya Sabha
Japanese Constitution Procedure established by Law
Constitution of USSR(Russia) Fundamental duties and the ideal of justice in
the Preamble
FUNDAMENTAL RIGHTS
Originally, the Constitution provided for seven Fundamental Rights. The right to property was deleted from
the list of Fundamental Rights So at presently only six Fundamental Rights
The right to property (Article 31) was deleted from the list of Fundamental Rights by the 44th Amendment
Act, 1978. It is made a legal right under Article 300-A in Part XII of the Constitution.
Part III of the Indian Constitution guarantees six fundamental rights to all the citizens
1. Right to Equality (Articles 14–18),
2. Right to Freedom (Articles 19–22),
3. Right against Exploitation (Articles 23–24),
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EMERGENCY PROVISIONS
Emergency due to war, external aggression or armed rebellion (Article 352). This is popularly known as
National Emergency.
Emergency due to the failure of the constitutional machinery in the states (Article 356). This is popularly
known as President’s Rule
Financial Emergency due to a threat to the financial stability or credit of India (Article 360).
The proclamation of Emergency must be approved by both the Houses of Parliament within one month from
the date of its issue.
Emergency approved by both the Houses of Parliament, the emergency continues for six months, and can be
extended to an indefinite period with an approval of the Parliament for every six months
A proclamation imposing President’s Rule (Article 356) must be approved by both the Houses of Parliament
within two months from the date of its issue
President’s rule (Article 356) approved by both the Houses of Parliament, the President’s Rule continues for
six months. It can be extended for a maximum period of three years with the approval of the Parliament every
six months
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Goa 1987
Uttarakhand 2000
Chhattisgarh 2000
Jharkhand 2000
Telangana 2014
CONSTITUTIONAL BODIES
1.ELECTION COMMISSION
Article 324 of the Constitution provides that the power of superintendence, direction and control of
elections to parliament, state legislatures, the office of president of India and the office of vice president of
India
The president of India appoints Chief Election Commissioner and Election Commissioners
They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier
4. FINANCE COMMISSION
Article 280 of the Constitution of India provides for a Finance Commission as a quasi-judicial body
Page 12 of 31
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Chairman and four other members of Finance Commission to be appointed by the president
It is constituted by the president of India every fifth year or at such earlier time as he considers necessary
The constitution of India envisages the Finance commission as the balancing wheel of fiscal federalism in
India
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NON-CONSTITUTIONAL BODIES
1. NITI Aayog
On the 13th of August, 2014 Government of India scrapped the 65-year-old Planning Commission and
announced that it would be replaced by a new body
On January 1, 2015, the NITI Aayog (National Institution for Transforming India) was established
It is a non-constitutional or extra-constitutional body and a non-statutory body
NITI Aayog is the premier policy ‘Think Tank’ of the Government of India providing both directional and
policy inputs
The Prime Minister of India is chairman of NITI Aayog
Governing Council comprises the Chief Ministers of all the States, Chief Ministers of Union Territories with
Legislatures (Delhi and Puducherry) and Lt. Governors of other Union Territories
Vice-Chairman is appointed by the Prime Minister. He enjoys the rank of a Cabinet Minister
The National Human Rights Commission is a statutory and not a constitutional body
It was established in 1993 under a legislation enacted by the Parliament namely, the Protection of Human
Rights Act, 1993. This Act was amended in 2006
The chairman and members of National Human Rights Commission are appointed by the president of India.
The chairman and members hold office for a term of five years or until they attain the age of 70 years.
Whichever is earlier.
The chairman should be a retired chief justice of India, and members should be serving or retired judges of the
Supreme Court
The Protection of Human Rights Act of 1993 provides for the creation of State Human Rights Commission at
the state level
Twenty-five states have constituted the State Human Rights Commissions through Official Gazette
Notifications
The chairperson and members hold office for a term of five years or until they attain the age of 70 years
whichever is earlier
The chairperson and members of a State Human Rights Commission are appointed by the governor, they can
be removed only by the President
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It was constituted through an Official Gazette Notification under the provisions of the Right to Information
Act (2005). It is not a constitutional body
The Commission consists of a Chief Information Commissioner and not more than ten Information
Commissioners. They are appointed by the President of India.
Right to Information Act (RTI Act) was passed by Parliament of India on 15 June 2005 and came fully into
force on 12 October 2005.
The Chief Information Commissioner and an Information Commissioner hold office for a term of 5 years or
until they attain the age of 65 years, whichever is earlier
Lokpal and Lokayuktas Act (2013) Bill as passed by both Houses has received the assent of the President on
01.01.2014. The Act has been brought into force with effect from 16th January, 2014
The institution of lokayukta was established first in Maharashtra in 1971
CENTRAL GOVERNMENT
PRESIDENT
The Union executive consists of the President, the Vice-President, the Prime Minister, the council of ministers
and the attorney general of India
The President is the head of the Indian State
The President is elected not directly by the people but by members of electoral college consisting of
1. The elected members of both the Houses of Parliament,
2. The elected members of the legislative assemblies of the states,
3. The elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry
A person to be eligible for election as President should fulfill the following qualifications:
1. He should be a citizen of India.
2. He should have completed 35 years of age.
3. He should be qualified for election as a member of the Lok Sabha.
4. He should not hold any office of profit under the Union government or any state government or any local
authority or any other public authority
The President holds office for a term of five years
The President can resign from his office at any time by addressing the resignation letter to the Vice-President.
When a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise, the
Vice-President acts as the President until a new President is elected.
In case the office of Vice-President is vacant, the Chief Justice of India acts as the President.
Money bills can be introduced in the Parliament only with his prior recommendation.
He appoints the Chief Justice and the judges of Supreme Court and high courts
The international treaties and agreements are negotiated and concluded on behalf of the President
He is the supreme commander of the defence forces of India. He can declare war or conclude peace, subject
to the approval of the Parliament
A bill passed by the Parliament can become an act only if it receives the assent of the President
Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of
Parliament
Article 72 of the Constitution empowers the President to grant pardons to persons
Who have been convicted of any offence?
The President has been made only a nominal Executive, the real executive being the council of ministers
headed by the prime minister.
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PARLIAMENT
The Parliament of India consists of three parts, the President, the Council of States (Rajya sabha) and the
House of the People(Lok sabha)
RAJYA SABHA
The maximum strength of the Rajya Sabha is fixed at 250, out of which, 238 are to be the representatives of
the states and union territories and 12 are nominated by the president
Presently the Rajya Sabha has 245 members. Of these, 229 members represent the states, 4 members represent
the union territories and 12 members are nominated by the president
The Fourth Schedule of the Constitution of India deals with the allocation of seats in the Rajya Sabha to the
states and union territories
The Rajya Sabha (first constituted in 1952) is a continuing chamber, It is a permanent body and not subject to
dissolution. However, one-third of its members retire every second year
Representation of the People Act (1951) provided that the term of office of a member of the Rajya Sabha is
six years
Rajya sabha cannot reject or amend a money bill
The vice-president of India is the ex-officio Chairman of the Rajya Sabha
Rajya sabha authorise the Parliament to create new All-India Services common to both the Centre and states
LOK SABHA
The maximum strength of the Lok Sabha is fixed at 552. Out of this, 530 members are to be the
representatives of the states, 20 members are to be the representatives of the union territories and 2 members
are to be nominated by the president from the Anglo-Indian community.
Presently the Lok Sabha has 545 members. Of these, 530 members represent the states, 13 members represent
the union territories and 2 Anglo-Indian members are nominated by the President
Lok Shaba normal term is five years from the date of its first meeting after the general elections, after which it
automatically dissolves
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The Speaker and deputy speaker of the Lok Sabha is the presiding officer of the Lok Sabha
Lok sabha speaker does not vote in the first instance. But he can exercise a casting vote in the case of a tie. In
other words, only when the House is divided equally on any question, the Speaker is entitled to vote. Such
vote is called casting vote, and its purpose is to resolve a deadlock
Lok sabha speaker presides over a joint setting of the two Houses of Parliament. Such a sitting is summoned
by the President to settle a deadlock between the two Houses on a bill.
Lok sabha speaker appoints the chairman of all the parliamentary committees of the Lok Sabha and supervises
their functioning
Lok Sabha is dissolved; the Speaker does not vacate his office and continues till the newly-elected Lok Sabha
meets.
In the following cases, a member of Parliament vacates his seat:
House can declare the seat of a member vacant if he is absent from all its meetings for a period of sixty
days without its permission
Person cannot be a member of both the Parliament and the state legislature at the same time. If a person
is so elected, his seat in Parliament becomes vacant if he does not resign his seat in the state legislature
within 14 days.
If a person is elected to both the Houses of Parliament, he must intimate within 10 days in which House
he desires to serve. In default of such intimation, his seat in the Rajya Sabha becomes vacant
ZERO HOUR
The zero hour starts immediately after the question hour and lasts until the agenda for the day
It is an Indian innovation in the field of parliamentary procedures and has been in existence since 1962
IMPORTANT POINTS ABOUT PARLIMENT
The Non confidence motion needs the support of 50 members to be admitted
Ordinary Bill can be introduced either in the Lok Sabha or the Rajya Sabha. It can be introduced either by a
minister or by a private member
Money bill can be introduced only in the Lok Sabha and not in the Rajya Sabha. It can be introduced only by
a minister
Rajya Sabha cannot amend or reject a Money Bill. It should return the bill to the Lok Sabha within 14 days,
either with recommendations or without recommendations
The Speaker of Lok Sabha presides over a joint sitting of the two Houses
The final power to decide whether a particular bill is a Money Bill or not is vested in the Speaker of the Lok
Sabha.
The maximum gap between two sessions of Parliament cannot be more than six months. In other words, the
Parliament should meet at least twice a year
Ganesh Vasudev Mavalanker is first speaker of Lok sabha
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SUPREME COURT
The Supreme Court of India was inaugurated on January 28, 1950
Article 124 states the establishment and constitution of supreme court
Presently supreme court of 34 judges including chief justice of India
Indian Constitution has established an integrated judicial system with the Supreme Court at the top and the
high courts below it
The single system of courts adopted from the Government of India Act 1935 enforces both central and state
laws
Part V of the Indian constitution deal with the organisation, independence, jurisdiction, powers, procedures of
the Supreme Court of India
The parliament can increase the number of judges of supreme court of India
The judges of the Supreme Court are appointed by the president
Senior most judge of the Supreme Court is appointed to the office of the chief justice of India by president of
India
Supreme court judge holds office until he attains the age of 65 years
Under Article 124 a person to be appointed as a judge of the Supreme Court should have the following
qualifications
1. He should be a citizen of India.
2. (a) He should have been a judge of a High Court for five years; or
(b) He should have been an advocate of a High Court for ten years; or
(c) He should be a distinguished jurist in the opinion of the president.
Supreme Court is the guarantor of the fundamental rights of the citizens and guardian of the Constitution
Under Article 130 the Constitution declares Delhi as the seat of the Supreme Court.
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In the above disputes the Supreme Court has exclusive original jurisdiction they lie directly with the
Supreme Court
WRIT JURISDICTION
Every individual has the right to move the supreme court directly by appropriate proceedings for the
enforcement of his fundamental rights through the issuance of writs
APPELLATE JURISDICTION
The Supreme Court is primarily a court of appeal and hears appeals against the judgments of the lower courts.
1. Appeals in constitutional matters.
2. Appeals in civil matters. (Article 133)
3. Appeals in criminal matters. (Article 134)
4. Appeals by special leave (Article 136)
ADVISORY JURISDICTION
The Constitution (Article 143) authorizes the president to seek the opinion of the Supreme Court. It is duly
bound to give its opinion, which is not binding on president
COURT OF RECORD
As a court of record, Supreme court has two powers
A. Judgments, Proceedings and acts of supreme court are recorded for perpetual memory and testimony
B. It can punish for contempt of court
STATE GOVERNMENT
GOVERNOR
Articles 153 to 167 in Part VI of the Constitution deal with the state executive
The governor is the chief executive head of the state. The governor also acts as an agent of the central
government
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HIGH COURT
The high court operates below the Supreme Court but above the subordinate courts
Presently there are 24 high courts in the country. Out of them, four are common high courts. Delhi is the only
union territory that has a own high court
The judges of a high court are appointed by the President. The chief justice is appointed by the President after
consultation with the chief justice of India and the governor of the respective state
The judges of a high court hold office until he attains the age of 62 years.
The President can transfer a judge from one high court to another after consulting the Chief Justice of India
Parliament can extend the jurisdiction of a High Court
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Money bills can be introduced in the Parliament only with the prior approval of the President
The Parliament of India consists of the President, Lok Sabha and Rajya Sabha
The Lok Sabha can be dissolved before the expiry of its term by the President on the advice of the Prime
Minister
The maximum gap between the two sessions of Parliament is six months
Prime Minister Choudhary Charan Singh never attended the Parliament during his tenure
The power to form new states or change the boundaries of existing states rests with the Parliament
The office of the Prime Minister in India has been created by the Constitution
The government resigns if a no-confidence motion is passed in Lok sabha
The pension of the judges of the High Court is charged from the Consolidated Fund of India
Article 137 of the Constitution permits the Supreme Court to review its own judgement or order
The Supreme Court of India was set up by the Constitution
The States Reorganization Act, 1956, divided the entire country into 14 states and 6 union territories
The titles and special privileges of the former rulers of the princely states were abolished by the 26th
Amendment
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Special status to the Union Territory of Delhi by designing it as the National Capital Territory of
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