1. Constitution of India

The Constitution is the supreme law of India. It establishes the structure, powers and functions of government and defines the rights and duties of citizens.

Making of the Constitution

• The Constituent Assembly was formed in 1946 under the Cabinet Mission Plan.
• The first meeting of the Constituent Assembly was held on 9 December 1946.
• Dr. Sachchidananda Sinha was the temporary chairman of the Constituent Assembly.
• Dr. Rajendra Prasad became the permanent President of the Constituent Assembly.
• Dr. B. R. Ambedkar chaired the Drafting Committee.
• The Constitution was adopted on 26 November 1949.
• It came into force on 26 January 1950.

2. Preamble to the Constitution

The Preamble reflects the ideals, objectives and philosophy of the Indian Constitution.

Key Words

• Sovereign: India is internally and externally independent.
• Socialist: The state aims to promote social and economic justice.
• Secular: The state does not establish an official religion and respects all religions.
• Democratic: Government is based on the will of the people.
• Republic: The head of the state is elected, directly or indirectly.
• Justice: Social, economic and political justice.
• Liberty: Freedom of thought, expression, belief, faith and worship.
• Equality: Equality of status and opportunity.
• Fraternity: Promoting the dignity of the individual and national unity and integrity.

3. Salient Features of the Constitution

• Written and detailed Constitution.
• Combination of federal and unitary features.
• Parliamentary form of government.
• Fundamental Rights and Directive Principles of State Policy.
• Independent and integrated judiciary.
• Single citizenship.
• Universal adult franchise.
• Rule of law and constitutional supremacy.
• Partly rigid and partly flexible amendment procedure.
• Emergency provisions.

Sources of the Constitution

4. Fundamental Rights

Fundamental Rights are guaranteed by Part III of the Constitution, mainly under Articles 12 to 35.

Important Points

• Article 14 deals with equality before law and equal protection of laws.
• Article 17 abolishes untouchability.
• Article 19 guarantees specified freedoms to citizens.
• Article 21 protects life and personal liberty.
• Article 21A provides for free and compulsory education for children aged 6 to 14 years.
• Article 32 is associated with constitutional remedies and was described by Dr. B. R. Ambedkar as the “heart and soul” of the Constitution.
• The Right to Property is a legal right under Article 300A, not a Fundamental Right.

Constitutional Writs

• Habeas Corpus: “To have the body”; protects against unlawful detention.
• Mandamus: A command to a public authority to perform a legal duty.
• Prohibition: Prevents a lower court or tribunal from exceeding its jurisdiction.
• Certiorari: Used to quash an order of a lower court or tribunal in appropriate cases.
• Quo Warranto: Questions the legal authority of a person holding a public office.

5. Fundamental Duties

Fundamental Duties are listed in Article 51A under Part IVA of the Constitution.

• They were added by the 42nd Constitutional Amendment Act, 1976.
• They were inspired partly by the Constitution of the former Soviet Union.
• There are currently 11 Fundamental Duties.
• The 11th duty, relating to providing educational opportunities to children, was added by the 86th Amendment Act, 2002.

Examples of Fundamental Duties

• Respect the Constitution, National Flag and National Anthem.
• Protect the sovereignty, unity and integrity of India.
• Promote harmony and the spirit of common brotherhood.
• Protect the environment and show compassion for living creatures.
• Develop scientific temper, humanism and the spirit of inquiry.
• Safeguard public property and avoid violence.
• Strive for excellence in individual and collective activities.

6. Directive Principles of State Policy

Directive Principles are included in Part IV of the Constitution, under Articles 36 to 51. They guide the state in making laws and policies aimed at social and economic justice.

• They are not directly enforceable by courts.
• They seek to establish a welfare state.
• They promote equal pay, public health, education, social justice and protection of the environment.
• Article 40 directs the state to organise village panchayats.
• Article 44 refers to a Uniform Civil Code.
• Article 48A concerns the protection of the environment and forests.
• Article 50 calls for separation of the judiciary from the executive in public services of the state.

7. President and Vice-President

President of India

• The President is the constitutional head of the Union executive.
• The President is elected indirectly by an electoral college.
• The normal term of office is five years.
• The President can be re-elected.
• The President appoints the Prime Minister and other key constitutional functionaries according to constitutional provisions.
• The President is the Supreme Commander of the Defence Forces of India.
• The President can grant pardons, reprieves, respites or remissions in specified cases under Article 72.

Vice-President

• The Vice-President is the ex officio Chairman of the Rajya Sabha.
• The Vice-President is elected by members of both Houses of Parliament.
• The normal term of office is five years.
• The Vice-President acts as President when the office of President is vacant or the President is unable to perform duties, subject to constitutional provisions.

8. Prime Minister and Council of Ministers

• The Prime Minister is the real executive head of the Union government in the parliamentary system.
• The Prime Minister is appointed by the President.
• The Council of Ministers is collectively responsible to the Lok Sabha.
• The Prime Minister advises the President on the appointment of other ministers.
• The Cabinet is the core decision-making body within the Council of Ministers.
• The Council of Ministers remains in office as long as it enjoys the confidence of the Lok Sabha.

9. Parliament of India

The Parliament consists of the President and two Houses: the Rajya Sabha and the Lok Sabha.

Important Parliamentary Terms

• Question Hour: Time when members ask questions to ministers.
• Zero Hour: Period used to raise matters of public importance, based on parliamentary practice.
• Money Bill: A bill dealing exclusively with matters specified in Article 110.
• Joint Sitting: A joint sitting may be called to resolve certain deadlocks between the two Houses.
• Quorum: The minimum number of members required to conduct the business of a House.

Parliamentary Committees

• Public Accounts Committee examines government expenditure and audit reports.
• Estimates Committee examines estimates of expenditure.
• Committee on Public Undertakings examines reports and performance of public sector undertakings.

10. Supreme Court and High Courts

Supreme Court of India

• The Supreme Court is the highest court in India.
• It came into existence on 28 January 1950.
• It is the guardian and interpreter of the Constitution.
• It has original, appellate and advisory jurisdictions.
• It can issue writs for the enforcement of Fundamental Rights under Article 32.
• Judicial review allows courts to examine the constitutional validity of laws and executive actions.

High Courts

• High Courts are the highest courts at the state or relevant territorial level.
• They have powers of judicial review and can issue writs under Article 226.
• Article 227 provides for superintendence over subordinate courts and tribunals within their jurisdiction.

11. State Government

Governor

• The Governor is the constitutional head of a state.
• The Governor is appointed by the President.
• The normal term is five years, but the Governor holds office during the pleasure of the President.
• The Governor appoints the Chief Minister and acts according to constitutional provisions.
• The Governor may reserve certain bills for the consideration of the President.

Chief Minister and State Council of Ministers

• The Chief Minister is the real executive head of the state government.
• The Chief Minister is appointed by the Governor.
• The State Council of Ministers is collectively responsible to the Legislative Assembly.
• Some states have a bicameral legislature consisting of a Legislative Assembly and Legislative Council.

12. Centre–State Relations

The Constitution distributes legislative, administrative and financial powers between the Union and the states.

Distribution of Legislative Powers

• Residuary legislative powers belong to Parliament.
• The Finance Commission recommends the distribution of certain financial resources between the Union and the states.
• The Inter-State Council can promote coordination between the Union and states.
• India’s federal structure includes strong unitary features, especially during emergencies.

13. Local Government

Panchayati Raj

• The 73rd Constitutional Amendment Act, 1992 gave constitutional status to Panchayati Raj Institutions.
• It added Part IX and the Eleventh Schedule to the Constitution.
• The Eleventh Schedule contains 29 subjects.
• The Gram Sabha is an important institution at the village level.
• The normal term of a Panchayat is five years.

Urban Local Government

• The 74th Constitutional Amendment Act, 1992 gave constitutional status to urban local bodies.
• It added Part IXA and the Twelfth Schedule.
• The Twelfth Schedule contains 18 subjects.
• Municipal corporations, municipalities and nagar panchayats are important forms of urban local government.

14. Important Constitutional Bodies

15. Emergency Provisions

• A National Emergency can affect the distribution of powers between the Union and states.
• President’s Rule is imposed when the constitutional machinery of a state is considered to have failed, subject to constitutional procedures.
• Financial Emergency has never been proclaimed in India.

16. Important Constitutional Amendments

17. Elections and Political Representation

• The Election Commission of India is responsible for supervising elections to Parliament, state legislatures and the offices of President and Vice-President, subject to constitutional provisions.
• India follows universal adult suffrage for eligible citizens.
• The voting age is 18 years.
• The Lok Sabha and state legislative assembly elections generally use the first-past-the-post system.
• The anti-defection law is contained in the Tenth Schedule.
• Political parties may be recognised as national or state parties under rules established by the Election Commission.

Quick Revision: Important Indian Polity Facts