Indian Polity: Constitution and Political System

I. The Constitution of India: Genesis and Evolution

The Constitution of India is the supreme law of the land. It lays down the framework for the political system, defines the powers and functions of various governmental institutions, and sets out the fundamental rights and duties of citizens. Understanding its genesis and evolution is crucial to grasping the nuances of India's governance.

A. Historical Background

The journey to India's constitution began with the British colonial rule. Several acts passed by the British Parliament laid the groundwork for a constitutional framework in India, gradually introducing representative institutions and administrative reforms.

• The Government of India Act, 1935: This was a landmark act, introducing provincial autonomy and the concept of a federal government. It formed the basis for many provisions in the current Indian Constitution, including the division of powers between the Centre and states.
• The Indian Independence Act, 1947: This act abolished the British Crown's sovereignty over British India, declared India as an independent and sovereign state, and paved the way for the formation of a Constituent Assembly to draft the Constitution.

B. The Constituent Assembly

The Constituent Assembly was formed in 1946 to draft the Constitution of India. It was a deliberative body composed of elected representatives from the provinces and nominated members from the princely states.

• Formation and Composition: The Assembly had 389 members, initially including representatives from British India and princely states. After the partition, the number reduced. Dr. Sachchidananda Sinha was the interim Chairman. Dr. Rajendra Prasad was later elected as the President.
• Key Committees: Several committees were formed to deal with specific aspects of constitution-making. The most important among them was the Drafting Committee, chaired by Dr. B.R. Ambedkar.
• Drafting Committee: This committee was responsible for preparing the draft constitution. Its members included Dr. B.R. Ambedkar (Chairman), N. Gopalaswami Ayyangar, Alladi Krishnaswami Ayyar, K.M. Munshi, Syed Mohammad Saadulla, B.L. Mitter, and D.P. Khaitan.
• Adoption and Enforcement: The Constitution was adopted by the Constituent Assembly on November 26, 1949. It came into effect on January 26, 1950, celebrated as Republic Day.

II. Salient Features of the Indian Constitution

The Constitution of India is unique and incorporates features from various constitutions around the world, while also retaining its distinct character.

A. Lengthiest Written Constitution

The Indian Constitution is the longest written constitution of any sovereign country in the world. This is due to various factors, including the vastness of the country, its diverse population, and the need to accommodate both the Centre-State relations and detailed provisions for administration. It originally contained 395 articles, 22 parts, and 8 schedules.

B. Blend of Rigidity and Flexibility

The Constitution is neither completely rigid nor completely flexible. Some provisions can be amended by a simple majority in Parliament (like ordinary laws), while others require a special majority (two-thirds present and voting, and absolute majority of total membership) or a special majority plus ratification by half of the state legislatures.

C. Parliamentary System of Government

India has adopted a parliamentary system at the Centre (and also in the states), modelled on the British system. In this system, the executive (Council of Ministers) is responsible to the legislature (Parliament). The President is the nominal head, while the Prime Minister is the real head of the executive.

D. 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)

These rights are justiciable, meaning they can be enforced by courts.

E. Directive Principles of State Policy (DPSP)

Part IV of the Constitution outlines certain Directive Principles which are guidelines for the state in making laws and policies. They aim to establish a welfare state. Examples include equal pay for equal work, right to work, education, and public assistance. These are non-justiciable but fundamental in the governance of the country.

F. Fundamental Duties

Added by the 42nd Amendment Act, 1976, Part IVA contains a list of eleven fundamental duties for citizens. These include respecting the Constitution, national flag, national anthem, promoting harmony, and protecting the environment.

G. Secular State

The Indian Constitution establishes India as a secular state, meaning the state has no official religion. All religions are treated equally, and citizens have the freedom to practice, profess, and propagate their religion.

H. Independent Judiciary

India has an independent judiciary, separate from the executive and legislature. The Supreme Court is the apex court, followed by High Courts and subordinate courts. It acts as the guardian of the Constitution and the protector of citizens' rights.

I. Universal Adult Franchise

Every citizen who has attained the age of 18 years is entitled to vote, irrespective of caste, creed, sex, religion, or economic status. This reflects the democratic spirit of the Constitution.

J. Single Citizenship

Despite having a federal structure, India has a single citizenship. This means every person, whether living in any state, is an Indian citizen and enjoys the same rights and privileges. This promotes national unity.

K. Emergency Provisions

The Constitution includes provisions for imposing emergency situations:

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

These provisions empower the Centre to take extraordinary measures during times of crisis.

III. Preamble to the Constitution

The Preamble is the introductory statement of the Constitution, which summarizes its aims and objectives. It is considered the key to understanding the spirit of the Constitution.

A. Text of the Preamble

"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; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, DO HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."

B. Key Elements of the Preamble

• Source of Authority: "We, the People of India" indicates that the Constitution derives its power from the people.
• Nature of the Indian State: Sovereign, Socialist, Secular, Democratic Republic.
• Objectives: Justice, Liberty, Equality, Fraternity.
• Date of Adoption: November 26, 1949.

IV. The Political System

India's political system is characterized by its democratic framework, federal structure, and parliamentary form of government.

A. Federal System with Unitary Bias

India is described as a 'Union of States' (Article 1). It has a federal structure with a division of powers between the Union (Central) government and the State governments, as outlined in the Seventh Schedule of the Constitution. However, it leans towards a unitary system due to several factors:

• Single Constitution
• Single Citizenship
• Integrated Judiciary
• Appointment of Governors by the President
• Parliament's power to alter state boundaries
• Emergency powers of the Centre

B. Parliament (Union Legislature)

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: The lower house, directly elected by the people on the basis of universal adult franchise. Its members represent constituencies. Maximum strength is 552.
• Rajya Sabha: The upper house, representing the states and union territories. Its members are indirectly elected by the elected members of the state legislative assemblies. Maximum strength is 250. It is a permanent body, with one-third of its members retiring every two years.
• Powers and Functions: Parliament makes laws for the country, controls the executive, approves the budget, and can amend the Constitution.

C. Executive (Union)

The executive power of the Union is vested in the President, but is exercised by him either directly or through officers subordinate to him.

• President: The head of state, elected indirectly by an electoral college consisting of elected members of Parliament and state legislative assemblies. He acts on the advice of the Council of Ministers headed by the Prime Minister.
• Vice-President: Ex-officio Chairman of the Rajya Sabha.
• Prime Minister: The head of government, leader of the majority party or coalition in the Lok Sabha.
• Council of Ministers: Collectively responsible to the Lok Sabha.
• Attorney General of India: The highest law officer of the country.

D. Judiciary (Union)

The Indian judiciary is an integrated and independent system.

• Supreme Court: The apex court of India, with original, appellate, and advisory jurisdiction. It is the guardian of the Constitution and fundamental rights.
• High Courts: Head of the judiciary in each state.
• Subordinate Courts: Below High Courts.

E. State Government Structure

Each state has a similar structure of government as the Centre.

• Governor: The constitutional head of the state, appointed by the President.
• Chief Minister: The head of government, leader of the majority in the State Legislative Assembly.
• State Legislature: Can be unicameral (Legislative Assembly only) or bicameral (Legislative Assembly and Legislative Council).
• State Judiciary: High Courts and subordinate courts.

V. Constitutional Bodies and Non-Constitutional Bodies

The Constitution establishes various bodies to ensure smooth governance, protect rights, and maintain checks and balances.

A. Constitutional Bodies

These bodies are established by specific provisions in the Constitution.

• Election Commission of India (ECI): Conducts elections to Parliament, state legislatures, and the offices of President and Vice-President. (Article 324)
• Union Public Service Commission (UPSC): Recruits for All India Services and central services. (Article 315)
• State Public Service Commissions (SPSCs): Recruit for state civil services. (Article 315)
• Finance Commission: Recommends the distribution of financial resources between the Union and states. (Article 280)
• Comptroller and Auditor General of India (CAG): Audits government accounts and reports to Parliament. (Article 148)
• Attorney General of India: The chief legal advisor to the Government of India. (Article 76)
• Advocate General of the State: Chief legal advisor to the State government. (Article 165)

B. Non-Constitutional Bodies (Statutory and Non-Statutory)

These bodies are not directly established by the Constitution but by Acts of Parliament or executive orders.

• Statutory Bodies: Created by an Act of Parliament. Examples include:
  • National Human Rights Commission (NHRC)
  • National Commission for Women
  • National Commission for Protection of Child Rights (NCPCR)
  • NITI Aayog (replaced Planning Commission, established by an executive resolution)
• Non-Statutory Bodies: Created by executive action. Examples include:
  • Cabinet Secretariat
  • Various Inter-State Councils

VI. Amendments to the Constitution

The Constitution of India is a living document and has been amended numerous times to adapt to changing social, economic, and political realities.

A. Procedure for Amendment (Article 368)

Parliament can amend the Constitution in three ways:

1. By Simple Majority: For provisions not covered by special majority or special majority plus ratification.
2. By Special Majority: Two-thirds of the members present and voting, and an absolute majority of the total membership of each House. This applies to most of the important provisions.
3. By Special Majority plus Ratification: Special majority in both Houses of Parliament, plus ratification by the legislatures of at least half of the states. This applies to provisions affecting the federal structure, Supreme Court, High Courts, distribution of legislative powers, etc.

B. Landmark Amendments

• 42nd Amendment Act, 1976: Often called the 'Mini-Constitution'. Added Fundamental Duties, added 'Socialist', 'Secular', 'Integrity' to the Preamble, and made other significant changes.
• 44th Amendment Act, 1978: Restored the original right to property as a legal right, removed the 'Right to Property' from Fundamental Rights, and made changes to emergency provisions.
• 73rd and 74th Amendment Acts, 1992: Gave constitutional status to Panchayati Raj institutions and urban local bodies, respectively.
• 97th Amendment Act, 2011: Related to cooperative societies.
• 101st Amendment Act, 2016: Introduced the Goods and Services Tax (GST).
• 103rd Amendment Act, 2019: Provided for 10% reservation for economically weaker sections (EWS) in educational institutions and government jobs.

VII. Key Concepts in Indian Polity

Understanding certain core concepts is vital for grasping the Indian political system.

A. Rule of Law

This principle signifies that no one is above the law, and everyone is subject to the law. It ensures equality before the law and equal protection of the laws.

B. Separation of Powers

Though India has a parliamentary system, there is a functional separation between the legislature (makes laws), executive (implements laws), and judiciary (interprets laws). However, this separation is not as strict as in presidential systems, with some overlap.

C. Judicial Review

The power of the judiciary to examine the constitutionality of legislative enactments and executive orders. If found inconsistent with the Constitution, they can be declared void.

D. Due Process of Law vs. Procedure Established by Law

Article 21 states that no person shall be deprived of his life or personal liberty except "according to procedure established by law." This is often contrasted with the American concept of 'due process of law'. However, the Supreme Court has evolved the interpretation of 'procedure established by law' to include elements of 'due process', ensuring fairness and reasonableness.

E. Cooperative Federalism

This refers to the spirit of collaboration and cooperation between the Centre and the states in promoting the common good. It emphasizes shared responsibilities and mutual trust.

F. Constitutionalism

The idea of limiting government power by a constitution, ensuring that the government acts within its prescribed limits and respects the rights of citizens.