Indian polity Extra reading material

AASHIRVAD KUMAR
Faculty – Indian polity and internal security
✓8 YEARS of experience

✓3 UPSC Interviews

✓Worked on 35 books for UPSC CSE

✓Research analyst at GSDN

✓Author –

❖Internal security challenges and management (DISHA Publication)

❖INDIAN POLITY (OSWAAL Publication)

Basic definition –
State – It is a sovereign geographical entity. Sovereignty is the most important element of state.
Sovereignty is defined as the ability to take decisions both internal and external with complete
independence.
India became a sovereign power after independence.
Equality – It means absence of privilege on the basic of arbitrary social and economic parameters like
religion, race, caste ,sex ,place of birth ,economic capacity etc. Equality is a modern concept, ancient
societies accepted inequality as natural.
The concept of equality is linked with concept of human dignity.
Liberty- There are two dimensions of Liberty-
1. Negative Liberty it is defined as absence of interference by the state in the personal life of
individual.
2. Positive Liberty is defined as involvement of the state with the objective of enhancing capacity
capability and decision-making ability of an individual by investing in health education and
skill development.
Justice – It is defined as fair allocation of resources and responsibility by the state. It is the most
important virtue. The peaceful existence of the state is dependent upon the notion of justice. There are
multiple dimensions of justice-
• Social justice

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 • Economic justice
• Political justice
• Gender justice
• Environmental justice

Democracy – it is a form of government where sovereign power is with common people. It is people
centric government.
The most common definition of democracy is the form of government for the people, of the people and
by the people.

Constitutionalism - It means limited government where the powers of the government are restricted.
Organs of the state – There are 3 organs of government –
Legislative- law making body.
Examples – parliament, state legislature
Executive – law implementing body.
Examples- civil servants, council of ministers.
Judiciary – law adjudicating body.
Examples – supreme court, high court and lower judiciary.
Separation of power – the concept of separation of power was popularised by French philosopher
Montesquieu. This doctrine is best on functional specialization and non-interference among the organ
of state.
Federalism – it is a form of government where power is divided among various level of government,
one level is at centre and other at regional level.

Important articles
ARTICLE 15
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. —
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex,
place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be
subject to any disability, liability, restriction or condition with regard to—
(a) access to shops, public restaurants, hotels and places of public entertainment; or

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(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly
out of State funds or dedicated to the use of the general public.
(3) Nothing in this article shall prevent the State from making any special provision for women and
children.
(4) State may make any special provision for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
This provision was added by 1st constitutional amendment act 1951.
(5) State may make any special provision, by law, for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes
in so far as such special provisions relate to their admission to educational institutions
including private educational institutions other than the minority educational.
This provision was added by 93rd constitutional amendment act,2005.
(6) State may make —
(a) any special provision for the advancement of any economically weaker sections of citizens other
than the classes mentioned in clauses (4) and (5); and
(b) such special provisions relate to admission of economically weaker sections to educational
institutions including private educational institutions other than the minority educational institutions
subject to a maximum of ten per cent. of the total seats.
This provision was added by 103rd constitutional amendment act,2019.

Article 16
16. Equality of opportunity in matters of public employment—
(1) There shall be equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the State.
(2) No citizen shall be discriminated against on grounds only of religion, race, caste, sex, descent,
place of birth, residence or any of them, in respect of any employment or office under the State.
(3) Parliament may make any law prescribing residence as requirement, in regard employment or
appointment to an office under the Government of a State or Union territory.
(4) State may make any provision for the reservation of appointments or posts in favour of any
backward class of citizens which, in the opinion of the State is not adequately represented in the
services under the State.
(4A) State may make any provision for reservation in matters of promotion, with consequential
seniority in favour of the Scheduled Castes and the Scheduled Tribes which are not adequately
represented in the services under the State.

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(4B) backlog vacancies will be considered as separate of vacancies and such class of vacancies shall
not be as the violation of the ceiling of fifty percent.
(5) This article shall not affect the operation of any law which provides that the incumbent of an
office in connection with the affairs of any religious or denominational institution belongs to a
particular denomination.
(6) State may make any provision for the reservation of appointments of any economically weaker
sections of citizens in addition to the existing reservation and subject to a maximum of ten per cent. of
the posts in each category.
This provision was added by 103rd constitutional amendment act,2019.

Article 18
18. Abolition of titles
(1) State shall not confer any title except the military and academic distinction.
(2) Citizen of India shall not accept any title from any foreign State.
(3) A person who is not an Indian citizen, shall not accept any title from any foreign State while he
holds any office of profit or trust under the State without the consent of the President.
(4) A person holding any office of profit or trust under the State shall not accept any present,
emolument, or office of any kind from or under any foreign State without the consent of the President.

ARTICLE - 19
19. Protection of certain rights regarding freedom of speech, etc.—
(1) All citizens shall have the right—
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions or co-operative societies;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India;
(g) to practise any profession, or to carry on any occupation, trade or business.

[(2) Reasonable restriction for article 19(1)(a)

• the sovereignty and integrity of India
• the security of the State

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 • friendly relations with foreign States
• public order
• decency or morality
• in relation to contempt of court
• defamation
• incitement to an offence.

(3) reasonable restriction of article 19 (1)(b)

• the sovereignty and integrity of India
• public order

(4) Reasonable restriction for article 19(1)(c)

• the sovereignty and integrity of India or
• public order
• morality

(5) Reasonable restriction for Article 19(1) (d) and article 19(1) (e)
• interests of the general public
• for the protection of the interests of any Scheduled Tribe.

(6) Reasonable restriction for Article 19(1) (g)

• in the interests of the general public
• the professional or technical qualifications necessary for practising any profession or carrying
on any occupation, trade or business
• the carrying on by the State, or by a corporation owned or controlled by the State, of any trade,
business, industry or service, whether to the exclusion, complete or partial, of citizens or
otherwise.

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SPM IAS Academy, D.S. Mansion 2nd floor, Opposite Indian Oil Petrol Pump, Near Assam State Zoo, Zoo Road,
Guwahati, Assam – 781005 Phone: 6901259799, Students’ Support Team: 7099064717,
Email: [email protected]