Indian Polity and the Constitution

Introduction to Indian Polity

Indian Polity refers to the system of governance and political structure of India. It encompasses the framework of laws, institutions, and processes through which the country is administered. At its core lies the Constitution of India, which is the supreme law of the land. Understanding Indian Polity is crucial for comprehending how India functions as a democratic republic, how power is distributed, and how citizens' rights are protected.

The Indian political system is a parliamentary democracy operating under a federal structure. This means power is divided between the central government and the state governments, though the central government often holds more influence. The Constitution lays down the fundamental principles, rights, duties, and the structure of government bodies.

The Constitution of India: A Foundation of Governance

The Constitution of India is the longest written constitution of any sovereign country in the world. It was adopted by the Constituent Assembly on November 26, 1949, and came into effect on January 26, 1950, which is celebrated as Republic Day. Dr. B.R. Ambedkar is widely regarded as the 'Father of the Indian Constitution' for his pivotal role as the chairman of the Drafting Committee.

The Constitution is a living document, subject to amendments to adapt to changing societal needs and challenges. Its preamble provides a glimpse into the ideals and aspirations of the Indian people: "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation."

Salient Features of the Indian Constitution

The Constitution of India is unique and borrows features from various constitutions around the world. Some of its most significant features include:

• Sovereign, Socialist, Secular, Democratic Republic: These core values define India's political identity.
• Parliamentary System: Governance is based on the Westminster model, with the executive accountable to the legislature.
• Parliamentary Supremacy vs. Judicial Supremacy: While Parliament is supreme in law-making, the judiciary has the power of judicial review.
• Fundamental Rights: A set of basic human rights guaranteed to all citizens.
• Directive Principles of State Policy (DPSP): Guidelines for the government to achieve social and economic justice.
• Fundamental Duties: A list of responsibilities that all citizens must uphold.
• Federal System with Unitary Bias: Power is divided between the Union and the States, but the Union government has overriding powers in certain situations.
• Single Citizenship: All citizens are considered citizens of India, not of individual states.
• Independent Judiciary: A separate and impartial judiciary to interpret laws and administer justice.
• Emergency Provisions: Powers vested in the President to deal with extraordinary situations.
• Three-tier Government: Central, State, and Local governments (Panchayats and Municipalities).

The Preamble

The Preamble is the introductory statement of the Constitution, which summarizes its aims and objectives. It declares India to be a Sovereign, Socialist, Secular, Democratic Republic. It also states the objectives of Justice, Liberty, Equality, and Fraternity.

Key aspects of the Preamble:

• Sovereign: India is independent and not subject to any external control.
• Socialist: Aims to achieve social and economic equality, reducing disparities.
• Secular: The state has no official religion and treats all religions equally.
• Democratic: The government is elected by the people.
• Republic: The head of state (President) is elected, not a hereditary monarch.

The Preamble has been amended once, in 1976, to add the words 'Socialist', 'Secular', and 'Integrity'.

Parts of the Constitution

The Constitution is divided into Parts, Chapters, Articles, and Schedules. As of now, there are 25 Parts and 12 Schedules. Initially, there were 22 Parts and 8 Schedules.

Key Parts of the Constitution:

Part	Subject Matter	Articles
Part I	The Union and its Territory	1-4
Part II	Citizenship	5-11
Part III	Fundamental Rights	12-35
Part IV	Directive Principles of State Policy	36-51
Part IVA	Fundamental Duties	51A
Part V	The Union	52-151
Part VI	The States	152-237
Part IX	Panchayats	243-243O
Part IXA	Municipalities	243P-243ZG
Part X	Scheduled and Tribal Areas	244
Part XIV	Services under the Union and States	308-323
Part XV	Elections	324-329
Part XVIII	Emergency Provisions	352-360
Part XX	Amendment of the Constitution	368

Fundamental Rights (Part III)

These are basic human rights that are essential for the development of an individual and are guaranteed by the Constitution. They are justiciable, meaning individuals can approach courts for their enforcement. Initially, there were seven fundamental rights, but the Right to Property (Article 31) was removed by the 44th Amendment Act, 1978, and made a legal right under Article 300A.

The Six Categories of Fundamental Rights:

1. Right to Equality (Articles 14-18): Equality before the law, prohibition of discrimination, equality of opportunity, abolition of untouchability, and abolition of titles.
2. Right to Freedom (Articles 19-22): Freedom of speech and expression, assembly, association, movement, residence, and profession. Also includes protection in respect of conviction for offences, protection of life and personal liberty, and protection against arrest and detention.
3. Right against Exploitation (Articles 23-24): Prohibition of traffic in human beings and forced labour, and prohibition of employment of children in hazardous occupations.
4. Right to Freedom of Religion (Articles 25-28): Freedom of conscience, profession, practice, and propagation of religion; freedom to manage religious affairs; freedom as to payment of taxes for promotion of any particular religion; and freedom as to attendance at religious instruction or religious worship in educational institutions.
5. Cultural and Educational Rights (Articles 29-30): Protection of interests of minorities; right of minorities to establish and administer educational institutions.
6. Right to Constitutional Remedies (Article 32): The right to move the Supreme Court for the enforcement of Fundamental Rights. This is considered the 'heart and soul' of the Constitution, as given by Dr. Ambedkar. The Supreme Court can issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

Directive Principles of State Policy (DPSP) (Part IV)

These are guidelines for the Union and State governments to promote social and economic democracy in India. They are not justiciable, meaning they cannot be enforced by courts. However, they are fundamental in the governance of the country, and it shall be the duty of the State to apply these principles in making laws.

DPSPs are classified into three categories:

• Socialistic Principles: Aim to ensure social and economic justice. Examples include adequate means of livelihood, equitable distribution of wealth, equal pay for equal work, and protection of workers. (Articles 38, 39, 39A, 41, 42, 43, 43A, 47)
• Gandhian Principles: Based on Gandhian ideology. Examples include organizing village panchayats, promoting cottage industries, securing uniform civil code, and promoting educational and economic interests of weaker sections, especially the Scheduled Castes and Tribes. (Articles 40, 43, 43B, 46, 47, 48)
• Liberal-Intellectual Principles: Based on liberal ideology. Examples include uniform civil code, separation of judiciary from executive, protection of environment, promotion of international peace and security. (Articles 44, 48, 49, 50, 51)

The 42nd Amendment Act, 1976, added some Directive Principles, and the 97th Amendment Act, 2011, added provisions relating to cooperative societies (Part IXB).

Fundamental Duties (Part IVA)

Added by the 42nd Amendment Act, 1976, on the recommendation of the Swaran Singh Committee. These duties are a reminder to citizens that in enjoying their rights, they must also be conscious of their duties towards the nation, society, and fellow citizens. There are 11 Fundamental Duties.

List of Fundamental Duties (Article 51A):

1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for freedom.
3. To uphold and protect the sovereignty, unity and integrity of India.
4. To defend the country and render national service when called upon to do so.
5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.
8. To develop the scientific temper, humanism and the spirit of inquiry and reform.
9. To safeguard public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
11. Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. (Added by 86th Amendment Act, 2002)

The Union Executive (Part V, Chapter I)

The Union Executive consists of the President, the Vice-President, the Prime Minister, the Council of Ministers, and the Attorney General of India.

President of India:

• Head of the Indian Republic, first citizen of India.
• Elected indirectly by an electoral college consisting of elected members of Parliament and State Legislative Assemblies.
• Term: 5 years.
• Powers: Executive, Legislative, Financial, Judicial, Diplomatic, Military, and Emergency powers.
• Impeachment: Can be removed by a resolution passed by a majority of not less than two-thirds of the total membership of each House of Parliament during a joint sitting.

Vice-President of India:

• Ex-officio Chairman of the Rajya Sabha.
• Elected indirectly by an electoral college consisting of members of both Houses of Parliament.
• Term: 5 years.
• Acts as President during casual vacancies in the office of President or during the President's absence.

Prime Minister of India:

• Real head of the executive.
• Appointed by the President. Usually, the leader of the majority party in the Lok Sabha.
• Leads the Council of Ministers and is the principal advisor to the President.
• The Council of Ministers is collectively responsible to the Lok Sabha.

The Parliament of India (Part V, Chapter II)

The Parliament is the supreme legislative body of India. It consists of the President, the Lok Sabha (House of the People), and the Rajya Sabha (Council of States).

Lok Sabha (Lower House):

• Members are directly elected by the people on the basis of universal adult franchise.
• Maximum strength: 552 members (530 from states, 20 from Union Territories, and 2 nominated Anglo-Indian members, though the nomination of Anglo-Indians has been discontinued).
• Term: 5 years, unless dissolved earlier.
• Presided over by the Speaker.

Rajya Sabha (Upper House):

• Members are indirectly elected by the elected members of the State Legislative Assemblies.
• Maximum strength: 250 members (238 elected and 12 nominated by the President for their expertise in art, literature, science, and social service).
• It is a permanent body, not subject to dissolution. One-third of its members retire every second year.
• Presided over by the Vice-President of India (ex-officio Chairman).

The Judiciary (Part V, Chapter IV)

India has a unified and independent judicial system. The Supreme Court is at the apex, followed by High Courts in states and subordinate courts.

Supreme Court of India:

• Highest court of appeal.
• Composed of the Chief Justice of India and other judges appointed by the President.
• Term: Judges retire at the age of 65.
• Jurisdiction includes original, appellate, and advisory. It has the power of judicial review.

High Courts:

• Each state has a High Court, or two or more states may share a common High Court.
• Judges are appointed by the President in consultation with the Chief Justice of India and the Governor of the state.
• Judges retire at the age of 62.
• They have jurisdiction over their respective states and can issue writs.

Emergency Provisions (Part XVIII)

The Constitution empowers the President to declare different types of emergencies:

1. National Emergency (Article 352): Can be proclaimed by the President in case of war, external aggression, or armed rebellion. Requires parliamentary approval within one month.
2. State Emergency / President's Rule (Article 356): Can be imposed if a state government fails to function according to the Constitution. Requires parliamentary approval within two months.
3. Financial Emergency (Article 360): Can be proclaimed if the financial stability or credit of India is threatened. Requires parliamentary approval within two months.

Amendment of the Constitution (Part XX)

Article 368 provides for the amendment of the Constitution. There are three methods:

1. By simple majority: For ordinary laws.
2. By special majority: Two-thirds of members present and voting, and absolute majority of total membership of each House.
3. By special majority plus ratification by half of the states: For provisions related to federal structure, Supreme Court, High Courts, distribution of legislative powers, etc.

Key Amendments

Some significant amendments to the Constitution:

• 1st Amendment (1951): Added Ninth Schedule, validated certain land reform acts.
• 24th Amendment (1971): Asserted Parliament's power to amend any part of the Constitution, including Fundamental Rights.
• 42nd Amendment (1976): The 'Mini-Constitution'. Added 'Socialist', 'Secular', 'Integrity' to Preamble; added Fundamental Duties; made President bound by advice of Council of Ministers.
• 44th Amendment (1978): Restored Right to Property as a legal right; changed grounds for National Emergency; made President not bound by advice of Council of Ministers in certain cases.
• 52nd Amendment (1985): Anti-defection provisions (Tenth Schedule).
• 73rd Amendment (1992): Panchayati Raj system (Part IX).
• 74th Amendment (1992): Municipalities (Part IXA).
• 86th Amendment (2002): Made elementary education a Fundamental Right (Article 21A) and added a Fundamental Duty (Article 51A(k)).
• 101st Amendment (2016): Introduced Goods and Services Tax (GST).

Citizenship (Part II)

Articles 5 to 11 deal with Citizenship. Citizenship in India is governed by the Citizenship Act, 1955, which provides for acquisition and loss of citizenship by birth, descent, registration, naturalisation, and incorporation of territory. India follows single citizenship.

Other Important Constitutional Bodies

The Constitution establishes various independent bodies to ensure checks and balances and fair governance:

• Election Commission of India (Article 324): Conducts elections to Parliament, State Legislatures, the offices of President and Vice-President.
• Union Public Service Commission (UPSC) (Article 315): Recruits for All India Services and central services.
• State Public Service Commission (SPSC) (Article 315): Recruits for state services.
• Comptroller and Auditor General of India (CAG) (Article 148): Audits accounts of the Union and State governments.
• Attorney General of India (Article 76): Chief legal advisor to the Government of India.
• Advocate General of the State (Article 165): Chief legal advisor to the State government.

Schedules of the Constitution

The Schedules are lists that classify or catalogue certain aspects of the Constitution. There are 12 Schedules:

Schedule	Subject Matter
First	Names of States and Union Territories, their territorial extent.
Second	Emoluments, allowances, privileges of President, Vice-President, Governors, Judges, etc.
Third	Forms of Oaths or Affirmations.
Fourth	Allocation of seats in the Rajya Sabha to States and Union Territories.
Fifth	Provisions relating to the administration and control of Scheduled Areas and Scheduled Tribes.
Sixth	Provisions relating to the administration of tribal areas in Assam, Meghalaya, Tripura, and Mizoram.
Seventh	Division of powers between the Union and States (List I - Union List, List II - State List, List III - Concurrent List).
Eighth	List of 22 scheduled languages.
Ninth	Validation of certain Acts and Regulations (e.g., land reforms). Added by 1st Amendment.
Tenth	Provisions relating to disqualification of members of Parliament and State Legislatures on the ground of defection (Anti-defection Law). Added by 52nd Amendment.
Eleventh	Powers, authority and responsibilities of Panchayats. Added by 73rd Amendment.
Twelfth	Powers, authority and responsibilities of Municipalities. Added by 74th Amendment.