Indian Polity and Constitution

I. Introduction to Indian Polity and Constitution

Indian polity refers to the system of governance in India, encompassing its political institutions, processes, and principles. The Constitution of India is the supreme law of the land, laying down the framework for the political system, fundamental rights of citizens, and the powers and functions of various government bodies. Understanding Indian polity and constitution is crucial for every citizen to comprehend their rights, responsibilities, and the functioning of their government.

The Constitution of India is the longest written constitution of any sovereign country in the world. It was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950, celebrated as Republic Day. It is a blend of rigidity and flexibility, meaning some parts can be amended easily, while others require a special majority.

II. Historical Background of the Indian Constitution

The journey to India's constitution began with the British colonial rule. Several acts were passed by the British Parliament that gradually shaped the administrative and political landscape of India, laying the groundwork for the future constitution.

A. Key Acts and Their Impact

The Regulating Act of 1773: This was the first step by the British Parliament to regulate the affairs of the East India Company. It established a Governor-General of Bengal and a Supreme Court at Calcutta.

The Pitt's India Act of 1784: It distinguished between the commercial and political functions of the Company, creating a Board of Control to oversee political affairs.

The Charter Act of 1813: This act ended the East India Company's monopoly over trade with India, except for trade in tea and trade with China. It also granted more powers to the Indian legislatures.

The Charter Act of 1833: It made the Governor-General of Bengal the Governor-General of India, centralizing administration. It also made provisions for creating a law member in the Governor-General's Council.

The Government of India Act of 1858: After the Sepoy Mutiny of 1857, the British Crown took over the administration of India from the East India Company. This act transferred power to the British Crown and abolished the Board of Control and the Court of Directors.

The Indian Councils Act of 1861: This act marked the beginning of representative institutions in India, although limited. It involved Indians in the law-making process by nominating non-official members to the Viceroy's legislative council.

The Indian Councils Act of 1892: It increased the number of non-official members in the legislative councils and introduced the principle of indirect election.

The Indian Councils Act of 1909 (Morley-Minto Reforms): This act introduced the concept of a separate electorate for Muslims, a move that had significant implications for India's future. It also expanded the legislative councils.

The Government of India Act of 1919 (Montagu-Chelmsford Reforms): This act introduced diarchy, a system of dual government, in the provinces, separating subjects into 'reserved' and 'transferred' categories. It also introduced direct elections.

The Government of India Act of 1935: This was a landmark act that proposed an all-India federation, the abolition of diarchy in provinces, and the introduction of provincial autonomy. It also established a federal court and provided for the separation of subjects into federal, provincial, and concurrent lists.

The Indian Independence Act of 1947: This act declared India's independence on August 15, 1947, and partitioned the country into India and Pakistan. It ended British rule and abolished the office of the Viceroy.

III. The Constituent Assembly and Constitution Making

The demand for a Constituent Assembly was first officially made by the Swaraj Party in 1934. The British government finally accepted this demand in the August Offer of 1940. The Constituent Assembly was finally constituted in 1946 under the provisions of the Cabinet Mission Plan.

A. Composition and Functioning

The Constituent Assembly was initially composed of 389 members. It held its first meeting on December 9, 1946. Dr. Sachchidananda Sinha was elected as the interim President. Later, Dr. Rajendra Prasad was elected as the President of the Constituent Assembly.

Several committees were formed to deal with different aspects of constitution-making. Some of the important committees and their chairpersons include:

Committee	Chairperson
Union Powers Committee	Jawaharlal Nehru
Provincial Constitution Committee	Sardar Vallabhbhai Patel
Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas	Sardar Vallabhbhai Patel
Drafting Committee	Dr. B.R. Ambedkar
Rules Committee	Dr. Rajendra Prasad

The Drafting Committee, headed by Dr. B.R. Ambedkar, was responsible for preparing the draft of the Constitution. After detailed discussions and deliberations, the Constitution was adopted on November 26, 1949.

IV. Salient Features of the Indian Constitution

The Indian Constitution is unique in its features, drawing inspiration from various constitutions around the world while retaining its distinct character.

A. Lengthiest Written Constitution

As mentioned earlier, it is the longest written constitution, comprising a preamble, about 450 articles (in 25 Parts), and 12 schedules. Its length is due to various factors, including the geographical diversity of India, its historical background, and the need to accommodate the aspirations of diverse sections of society.

B. Parliamentary Form of Government

India has adopted a parliamentary system of government at the Centre, similar to the British model. This means the executive (Council of Ministers) is responsible to the legislature (Parliament). The President is the nominal head, while the Prime Minister and the Council of Ministers hold the real executive power.

C. Fundamental Rights

Part III of the Constitution guarantees six fundamental rights to all citizens:

• Right to Equality (Articles 14-18)
• Right to Freedom (Articles 19-22)
• Right against Exploitation (Articles 23-24)
• Right to Freedom of Religion (Articles 25-28)
• Cultural and Educational Rights (Articles 29-30)
• Right to Constitutional Remedies (Article 32)

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 300-A.

D. Directive Principles of State Policy (DPSP)

Part IV of the Constitution outlines the Directive Principles of State Policy. These are guidelines for the government to frame laws and policies for the welfare of the people. They are non-justiciable, meaning they cannot be enforced by any court, but they are fundamental in the governance of the country.

E. Fundamental Duties

Added by the 42nd Amendment Act, 1976, Part IV-A contains the Fundamental Duties of citizens. Initially, there were 10 duties, and the 11th was added by the 86th Amendment Act, 2002. These duties are a reminder to citizens to uphold the sovereignty, integrity, and unity of the nation and to protect public property.

F. Secular State

The Constitution of India establishes India as a secular state, meaning the state has no official religion and treats all religions equally. The Preamble explicitly mentions 'Secular'.

G. Universal Adult Franchise

Every citizen who has attained the age of 18 years is entitled to vote, regardless of caste, creed, sex, religion, or economic status. This is a cornerstone of Indian democracy.

H. Single Citizenship

Unlike federal countries like the USA where dual citizenship (federal and state) exists, India has a single citizenship. All citizens enjoy the same rights and privileges throughout the country.

I. Independent Judiciary

The Indian Constitution provides for an independent judiciary, separate from the executive and legislature. The Supreme Court is the apex court, followed by High Courts and subordinate courts. The judiciary has the power of judicial review, meaning it can review laws and executive actions to ensure they are in accordance with the Constitution.

J. Emergency Provisions

The Constitution includes provisions for imposing emergency situations:

• National Emergency (Article 352)
• State Emergency (President's Rule) (Article 356)
• Financial Emergency (Article 360)

These provisions allow the central government to take extraordinary measures during times of crisis.

V. The Preamble to the Constitution

The Preamble is the introductory statement of the Constitution, which contains the philosophy of the Constitution. It reflects the ideals and aspirations of the founding fathers.

A. Key Terms in the Preamble

The Preamble declares India to be a Sovereign, Socialist, Secular, Democratic Republic. It also states that the objective of the Constitution is to secure to its citizens:

• Justice: Social, economic, and political
• Liberty: Of thought, expression, belief, faith, and worship
• Equality: Of status and opportunity
• Fraternity: Assuring the dignity of the individual and the unity and integrity of the Nation.

The Preamble was amended by the 42nd Amendment Act, 1976, which added the words 'Socialist', 'Secular', and 'Integrity'.

VI. The Union and its Territory

Part I of the Constitution deals with the Union and its territory.

A. Article 1: Name and Territory of the Union

Article 1 states that India, that is Bharat, shall be a Union of States. It defines the territory of India to include the territories of the states, the Union territories specified in the First Schedule, and such territory as may be acquired by India at any time.

B. Articles 2 & 3: Admission or Establishment of New States and Formation of New States and Alteration of Areas, Boundaries or Names of Existing States

Article 2 empowers Parliament to admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit. Article 3 empowers Parliament to form a new state by separation of territory from any state or by uniting two or more states or parts of states; or by increasing the area of any state; or by diminishing the area of any state; or by altering the boundaries of any state; or by altering the name of any state.

Importantly, any bill under Article 3 requires the prior recommendation of the President, and the President must refer the bill to the concerned state legislature for expressing its views within a specified period. However, the state legislature's views are not binding on the President or Parliament.

VII. Citizenship

Part II of the Constitution deals with citizenship. The Constitution of India does not define the term 'citizen' but lays down the provisions regarding citizenship at the commencement of the Constitution.

A. Citizenship at the Commencement of the Constitution (Articles 5-10)

Articles 5-10 laid down the rules for citizenship at the time the Constitution came into force. These included provisions for people domiciled in India, those who migrated from Pakistan, and those who migrated to Pakistan but returned.

B. Parliament's Power to Regulate Citizenship (Article 11)

Article 11 explicitly states that Parliament has the power to make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship. Based on this, Parliament enacted the Citizenship Act, 1955.

C. Citizenship Act, 1955

This Act lays down the ways to acquire Indian citizenship:

• By Birth: Born in India on or after January 26, 1950.
• By Descent: Born outside India, but whose father was a citizen of India at the time of his birth.
• By Registration: Persons of Indian origin who have been ordinarily resident in India for seven years before applying for registration.
• By Naturalisation: A foreigner who is of full age and capacity, renounces his previous citizenship, and resides in India for 12 years.
• By Incorporation of Territory: When a territory becomes part of India.

The Act also specifies the ways to lose Indian citizenship:

• Renunciation
• Termination
• Deprivation

In recent years, the Citizenship Amendment Act (CAA), 2019, has been a significant development, amending the 1955 Act to provide a path to Indian citizenship for religious minorities from Pakistan, Bangladesh, and Afghanistan who have fled persecution.

VIII. Fundamental Rights (Detailed)

As mentioned earlier, Fundamental Rights are enshrined in Part III of the Constitution. These rights are essential for the all-round development of individuals and are guaranteed against state encroachment.

A. Right to Equality (Articles 14-18)

Article 14: Equality before law and equal protection of laws. This means no person shall be above law and the laws should be applied equally to all persons in similar circumstances.

Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. The state cannot discriminate against any citizen on these grounds.

Article 16: Equality of opportunity in matters of public employment. All citizens have equal opportunity in matters related to employment or appointment to any office under the state.

Article 17: Abolition of Untouchability. 'Untouchability' is abolished and its practice in any form is forbidden.

Article 18: Abolition of Titles. No titles, other than military and academic distinctions, shall be conferred by the state.

B. Right to Freedom (Articles 19-22)

Article 19: Protection of certain rights regarding freedom of speech, etc. It guarantees six freedoms:

• Freedom of speech and expression
• Freedom to assemble peaceably and without arms
• Freedom to form associations or unions
• Freedom to move freely throughout the territory of India
• Freedom to reside and settle in any part of the territory of India
• Freedom to practice any profession, or to carry on any occupation, trade or business

These freedoms are subject to reasonable restrictions imposed by the state in the interest of the sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

Article 20: Protection in respect of conviction for offences. It provides protection against ex-post facto laws, double jeopardy, and self-incrimination.

Article 21: Protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to procedure established by law. This article has been interpreted expansively by the courts to include the right to live with human dignity, right to clean environment, right to education, etc.

Article 21-A: Right to elementary education. This was added by the 86th Amendment Act, 2002, making free and compulsory education a fundamental right for children between 6 and 14 years of age.

Article 22: Protection against arrest and detention. It provides safeguards against arbitrary arrest and detention.

C. Right against Exploitation (Articles 23-24)

Article 23: Prohibition of traffic in human beings and forced labour. This article prohibits the buying and selling of human beings and other forms of forced labour.

Article 24: Prohibition of employment of children in factories, etc. No child below the age of 14 years shall be employed in any factory or mine or engaged in any other hazardous employment.

D. Right to Freedom of Religion (Articles 25-28)

Article 25: Freedom of conscience and free profession, practice and propagation of religion. Guarantees freedom of religion to all individuals.

Article 26: Freedom to manage religious affairs. Grants every religious denomination the right to manage its own affairs in matters of religion.

Article 27: Freedom as to payment of taxes for promotion of any particular religion. No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion.

Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions. Prohibits religious instruction in state-funded educational institutions.

E. Cultural and Educational Rights (Articles 29-30)

Article 29: Protection of interests of minorities. Protects the distinct language, script, and culture of any section of citizens.

Article 30: Right of minorities to establish and administer educational institutions. Grants all minorities, whether based on religion or language, the right to establish and administer educational institutions of their choice.

F. Right to Constitutional Remedies (Article 32)

Article 32: Remedies for enforcement of rights conferred by this Part. This article empowers individuals to approach the Supreme Court (and High Courts under Article 226) for the enforcement of their fundamental rights. The Supreme Court can issue writs such as Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

IX. Directive Principles of State Policy (DPSP)

Part IV of the Constitution contains the Directive Principles of State Policy (DPSP). These are positive obligations on the state and aim to establish a welfare state. They are inspired by the Irish Constitution.

A. Classification of DPSPs

Though not explicitly classified in the Constitution, they are often categorized into:

• Socialistic Principles: Aim to establish a social and economic democracy. Examples include policies for equal pay for equal work, adequate means of livelihood, prevention of concentration of wealth, and free legal aid.
• Gandhian Principles: Based on Gandhian ideology. Examples include promoting cottage industries, uniform civil code, prohibition, and protecting cattle wealth.
• Liberal-Intellectual Principles: Aim to promote liberal and intellectual values. Examples include uniform civil code, separation of judiciary from executive, protection of environment, and promotion of international peace.

B. Significance and Justiciability

While DPSPs are non-justiciable (cannot be enforced by courts), they are fundamental in the governance of the country. The courts consider them while interpreting fundamental rights and other laws. The government is expected to apply these principles in making laws.

X. Fundamental Duties

Part IV-A of the Constitution, added by the 42nd Amendment Act, 1976, contains the Fundamental Duties of citizens. They are inspired by the Constitution of the erstwhile Soviet Union.

A. List of Fundamental Duties

There are now 11 Fundamental Duties:

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. To provide opportunities for education by the parent or guardian to his child or, as the case may be, ward between the age of six and fourteen years. (Added by the 86th Amendment Act, 2002)

XI. The President of India

Article 52 states that there shall be a President of India. The President is the head of the executive, the first citizen of India, and a symbol of the nation.

A. Election of the President (Article 54 & 55)

The President is elected indirectly by an electoral college consisting of:

• Elected members of both Houses of Parliament.
• Elected members of the State Legislative Assemblies.

Disqualified members of State Legislative Assemblies, nominated members of Parliament and State Assemblies, and members of Legislative Councils are excluded from the electoral college. The election is held in accordance with the system of proportional representation by means of the single transferable vote.

B. Qualifications for Election as President (Article 58)

To be eligible for election as President, a person must:

• Be a citizen of India.
• Have completed the age of 35 years.
• Be qualified for election as a member of the House of the People (Lok Sabha).
• Not hold any office of profit under the Government of India or any State government.

C. Powers of the President

The President possesses extensive powers, which can be broadly classified as:

• Executive Powers: All executive actions are taken in his name. He appoints the Prime Minister, other ministers, Attorney General, Comptroller and Auditor General, Judges of Supreme Court and High Courts, etc.
• Legislative Powers: He summons and prorogues Parliament, dissolves the Lok Sabha, addresses Parliament, assents to bills, promulgates ordinances, etc.
• Financial Powers: Annual financial statement presented to Parliament, Money Bills can be introduced only on his recommendation, Contingency Fund of India at his disposal.
• Judicial Powers: Power to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute the sentence of any person convicted of any offence.
• Emergency Powers: Powers to declare National Emergency (Art 352), State Emergency (Art 356), and Financial Emergency (Art 360).

D. Impeachment of the President (Article 61)

The President can be removed from office by impeachment for 'violation of the Constitution'. The process can be initiated by either House of Parliament by preferring a charge. The charge must be preferred by a resolution passed by a majority of not less than two-thirds of the total membership of that House. The other House then investigates the charge, and the President has the right to be heard. If the charge is sustained by a majority of not less than two-thirds of the total membership of the House investigating the charge, the resolution leads to the impeachment of the President.

XII. The Vice-President of India

Article 63 states that there shall be a Vice-President of India. He is the ex-officio Chairman of the Rajya Sabha.

A. Election and Qualifications

The Vice-President is elected by an electoral college consisting of members of both Houses of Parliament in accordance with the system of proportional representation by means of the single transferable vote. He must be a citizen of India, not less than 35 years of age, and qualified for election as a member of the Rajya Sabha.

B. Powers and Functions

His primary role is to preside over the Rajya Sabha. When the President is unable to discharge his functions due to absence, illness, or any other cause, the Vice-President discharges the President's duties until the President resumes his office.

C. Removal of the Vice-President

A resolution for the removal of the Vice-President can be moved in the Rajya Sabha and requires a special majority (effective majority of the House). It must be passed by the Lok Sabha by a majority of all the then members of the House.

XIII. The Prime Minister and the Council of Ministers

The real executive power in India is wielded by the Prime Minister and his Council of Ministers.

A. Appointment of Prime Minister and Ministers (Article 75)

The President appoints the Prime Minister, and the other ministers are appointed on the advice of the Prime Minister. The Council of Ministers is collectively responsible to the Lok Sabha.

B. Role and Powers of the Prime Minister

The Prime Minister is the head of the government. His key roles include:

• Leading the Council of Ministers.
• Advising the President on the appointment of ministers and other key officials.
• Being the principal channel of communication between the President and the Council of Ministers.
• Presiding over cabinet meetings.
• Representing India in international forums.

C. Council of Ministers

The Council of Ministers consists of Cabinet Ministers, Ministers of State (independent charge), and Deputy Ministers. They function as a team under the leadership of the Prime Minister.

XIV. Parliament of India

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

A. Lok Sabha (House of the People)

The Lok Sabha is the lower house. Its members are directly elected by the people on the basis of universal adult franchise. The maximum strength is 552 members (530 from states, 20 from Union Territories, and 2 nominated Anglo-Indian members, though the provision for nomination was recently removed).

B. Rajya Sabha (Council of States)

The Rajya Sabha is the upper house. It is a permanent body, not subject to dissolution. Its members are indirectly elected by the elected members of the State Legislative Assemblies, with 12 members nominated by the President from persons having special knowledge or practical experience in literature, science, art, and social service. The maximum strength is 250 members (238 elected, 12 nominated).

C. Powers and Functions of Parliament

Parliament's main functions include legislation, control over the executive, financial control, and constituent powers.

XV. The Judiciary

India has a unified and independent judicial system.

A. Supreme Court of India

The Supreme Court is the apex court. It consists of the Chief Justice of India and other judges appointed by the President. It has original jurisdiction (disputes between the Centre and states, states and states), appellate jurisdiction (appeals from High Courts), and advisory jurisdiction (President can seek its opinion on legal matters).

B. High Courts

Each state has a High Court. Judges are appointed by the President in consultation with the Chief Justice of India and the Governor of the state. High Courts have original and appellate jurisdiction over cases within their territorial jurisdiction.

C. Subordinate Courts

Below High Courts are district courts and other subordinate courts, which handle civil and criminal cases at the local level.

XVI. Amendments to the Constitution

The Constitution of India is partly rigid and partly flexible. Article 368 provides for amendment procedures.

A. Types of Amendments

There are three types of amendments:

• By simple majority of Parliament.
• By special majority of Parliament (two-thirds present and voting, and absolute majority of total membership).
• By special majority of Parliament and ratification by half of the state legislatures.

The basic structure of the Constitution, as laid down by the Supreme Court in the Kesavananda Bharati case (1973), cannot be amended.

XVII. Important Constitutional Amendments

Several amendments have significantly altered the Constitution. Some key ones include:

• 42nd Amendment Act, 1976: Added 'Socialist', 'Secular', 'Integrity' to the Preamble; added Fundamental Duties; shortened the tenure of Lok Sabha to 5 years.
• 44th Amendment Act, 1978: Restored the tenure of Lok Sabha to 5 years; made Right to Property a legal right (Art 300-A) instead of a fundamental right.
• 86th Amendment Act, 2002: Made elementary education a fundamental right (Art 21-A) and added a Fundamental Duty related to education.
• 101st Amendment Act, 2016: Introduced the Goods and Services Tax (GST).

XVIII. Local Self-Government

Part IX of the Constitution deals with Panchayats (rural local self-government) and Part IX-A deals with Municipalities (urban local self-government).

A. 73rd Amendment Act, 1992

This act gave constitutional status to Panchayats, providing for a three-tier system (Gram Panchayat, Panchayat Samiti, Zila Parishad) in states with a population exceeding 20 lakh. It also mandated reservation for SC/STs and women.

B. 74th Amendment Act, 1992

This act gave constitutional status to Municipalities, covering Nagar Panchayats, Municipal Councils, and Municipal Corporations. It also included provisions for reservation for SC/STs and women.

XIX. Other Important Constitutional Bodies

Several independent bodies are established by the Constitution to ensure checks and balances and uphold democratic principles.

• Election Commission of India (ECI): Conducts elections to Parliament, State Legislatures, and the offices of President and Vice-President.
• Union Public Service Commission (UPSC): Recruits members for All India Services and central services.
• Comptroller and Auditor General of India (CAG): Audits all receipts and expenditures of the Government of India and state governments.
• Attorney General of India: The chief legal advisor to the Government of India.
• Advocate General of the State: The chief legal advisor to the State Government.