Indian Polity & Constitution Short Notes | Competitive Exams Quick Revision

 INDIAN POLITY & CONSTITUTION — SHORT NOTES (Exam-Point-of-View)

INDIAN POLITY & CONSTITUTION — SHORT NOTES (Exam-Point-of-View)


PART–1: EVOLUTION OF THE INDIAN CONSTITUTION


1. Historical Background

Regulating Act, 1773

  • First step in British Government’s control over East India Company.

  • Created Governor-General of Bengal (Warren Hastings first).

  • Supreme Court at Calcutta established.

  • Company’s political activities brought under British govt.

Pitt’s India Act, 1784

  • Dual control:

    • Board of Control (Crown) → political matters.

    • Court of Directors (Company) → commerce.

  • Governor-General given more powers.

Charter Acts

Charter Act, 1813

  • Ended Company monopoly except tea & China trade.

  • Christian missionaries permitted.

Charter Act, 1833

  • Created Governor-General of India (Lord William Bentinck first).

  • Centralised administration.

  • Company became purely administrative.

Charter Act, 1853

  • Introduced open competition for civil services.

Government of India Act, 1858

  • Company rule ended after 1857 revolt.

  • Power transferred to Crown.

  • Office of Viceroy of India created (Lord Canning first).

  • Secretary of State for India established.

Indian Councils Acts

Act of 1861

  • Started legislative councils.

  • Indians nominated for first time.

Act of 1892

  • Enlarged councils; limited discussion allowed.

Act of 1909 (Morley–Minto Reforms)

  • Introduced separate electorates for Muslims.

  • Start of communal politics.

Government of India Act, 1919 (Montagu–Chelmsford)

  • Introduced dyarchy in provinces (transferred + reserved subjects).

  • Bicameralism at centre (Legislative Assembly + Council).

  • Aimed at “progressive realisation of responsible govt”.

Government of India Act, 1935

  • Most important pre-constitution act.

  • Provisions:

    • All-India Federation (never came).

    • Provincial autonomy.

    • Bicameralism in some provinces.

    • Federal Court established (1937).

    • Separate electorates extended to women, labour, depressed classes.

Indian Independence Act, 1947

  • Partition of India and Pakistan.

  • Constituent Assembly given full sovereignty.

  • Office of Governor-General in both nations.


PART–2: MAKING OF THE CONSTITUTION


1. Constituent Assembly

  • Idea by M.N. Roy (1934); accepted by INC in 1935.

  • Elections: 1946.

  • Total members: 389 (after partition: 299).

  • Dr. Rajendra Prasad – President.

  • Dr. B.R. Ambedkar – Chairman of Drafting Committee.

  • B.N. Rau – Constitutional advisor.

Important Committees

  • Union Powers Committee – Jawaharlal Nehru

  • Fundamental Rights Committee – Sardar Patel

  • Provincial Constitution Committee – Sardar Patel

  • Advisory Committee on Minorities – Sardar Patel

  • Drafting Committee – Dr. B.R. Ambedkar

2. Timeline

  • First meeting: 9 Dec 1946

  • Adopted Constitution: 26 Nov 1949

  • Enforced: 26 Jan 1950 (chosen to honour 1930 Purna Swaraj).

3. Sources of the Constitution

  • UK → Parliamentary system, Rule of law.

  • USA → Fundamental Rights, Judicial Review.

  • Canada → Strong centre, Residual powers.

  • Ireland → DPSPs, Presidential election.

  • Australia → Concurrent list, Trade freedoms.

  • USSR → Fundamental Duties.

  • France → Liberty, Equality, Fraternity.


PART–3: SALIENT FEATURES OF THE INDIUTION


1. Longest Written Constitution

  • Originally 395 Articles, 22 Parts, 8 Schedules.

  • Now over 470+ Articles, 12 Schedules.

2. Blend of Rigidity & Flexibility

  • Some parts easily amended; others need special majority + state ratification.

3. Federal System with Unitary Bias

  • Features of Federation:

    • Dual govt, Written constitution, Supremacy of constitution, Independent judiciary.

  • Unitary tendencies:

    • Strong centre, Emergency powers, Single citizenship.

4. Parliamentary System

  • Executive derived from legislature.

  • Collective responsibility of Council of Ministers.

  • Prime Minister is real head.

5. Secular State

  • No official religion.

  • Equal respect for all religions.

6. Independent Judiciary

  • Supreme Court + High Courts + Subordinate courts.

  • Judicial Review.

7. Universal Adult Franchise

  • Every Indian above 18 years can vote.

8. Fundamental Rights

  • Justiciable rights for citizens & foreigners (except political rights).

9. DPSPs

  • Ideals for welfare state; non-justiciable.


PART–4: PREAMBLE


Text

India is a Sovereign, Socialist, Secular, Democratic, Republic.

Objectives

  • Justice: social, economic, political

  • Liberty: thought, expression, belief, faith, worship

  • Equality: status & opportunity

  • Fraternity: assuring dignity & unity

44th Amendment

  • Restored “Right to property” as legal right, not fundamental.


PART–5: FUNDAMENTAL RIGHTS (ARTICLES 12–35)


1. Right to Equality (14–18)

  • Equality before law (Art 14).

  • Prohibition of discrimination (Art 15).

  • Equality of opportunity (Art 16).

  • Abolition of untouchability (Art 17).

  • Abolition of titles (Art 18).

2. Right to Freedom (19–22)

  • 6 freedoms (speech, assemble, form associations, move, reside, profession).

  • Protection in criminal procedures (Art 20).

  • Right to life & personal liberty (Art 21).

  • Preventive detention rules (Art 22).

3. Right against Exploitation (23–24)

  • No trafficking, forced labour.

  • No child labour in hazardous work.

4. Right to Freedom of Religion (25–28)

  • Freedom of conscience & religion.

5. Cultural & Educational Rights (29–30)

  • Minorities can preserve culture, run institutions.

6. Right to Constitutional Remedies (Art 32)

  • Heart & soul of Constitution — Dr. Ambedkar.

  • Writs: Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto.


PART–6: DIRECTIVE PRINCIPLES OF STATE POLICY (DPSPs)


Categories

  • Socialistic: Right to work, equal pay, education.

  • Gandhian: Panchayati Raj, cottage industries, prohibition.

  • Liberal–intellectual: Uniform Civil Code, environment protection.

Nature

  • Non-justiciable; aims at welfare state.


PART–7: FUNDAMENTAL DUTIES (ART 51A)


  • Added by 42nd Constitutional Amendment (1976).

  • Ten duties; later 11th added (education of children).


PART–8: UNION GOVERNMENT


1. President of India

  • Nominal head; exercises powers on aid & advice of PM.

  • Elected indirectly by Electoral College.

  • Article 52–78.

  • Powers: executive, legislative (ordinances), judicial (pardons), emergency.

2. Vice President

  • Ex-officio Chairman of Rajya Sabha.

3. Prime Minister

  • Real head of govt.

  • Leader of majority party.

  • Controls Council of Ministers.

4. Council of Ministers

  • Cabinet > Ministers of State > Deputy Ministers.

  • Collective responsibility.

5. Parliament

Rajya Sabha (Upper House)

  • 250 max; permanent body; 1/3 members retire every 2 yrs.

Lok Sabha (Lower House)

  • 552 max; directly elected; 5-year term.

  • Money bills only introduced in LS.

Power Structure

  • Ordinary bills: both houses equal.

  • Money bills: LS has primacy.

  • Joint sitting possible (except constitutional amendments).


PART–9: JUDICIARY


1. Supreme Court

  • Highest court; guardian of Constitution.

  • Articles 124–147.

  • Powers:

    • Original (Centre–state disputes).

    • Appellate.

    • Advisory (Art 143).

    • Judicial review.

2. High Courts

  • One for each state or group of states.

3. Subordinate Courts

  • District & Sessions Courts, Lok Adalats, Family Courts.


PART–10: STATE GOVERNMENT


1. Governor

  • Appointed by President.

  • Acts on advice of Chief Minister.

2. Chief Minister

  • Real head of state executive.

3. State Legislature

  • Unicameral / Bicameral.

  • Legislative Assembly & Legislative Council (in some states).


PART–11: CENTRE–STATE RELATIONS


Legislative

  • Union List – 100 subjects

  • State List – 61

  • Concurrent List – 52

Administrative

  • States follow Centre during emergencies.

Financial

  • Finance Commission recommends distribution.


PART–12: LOCAL GOVERNMENT


1. Panchayati Raj (73rd Amendment, 1992)

  • 3-tier:

    • Gram Panchayat

    • Panchayat Samiti

    • Zila Parishad

2. Municipalities (74th Amendment, 1992)

  • Nagar Panchayat

  • Municipal Council

  • Municipal Corporation


PART–13: EMERGENCY PROVISIONS


1. National Emergency (Art 352)

  • On grounds of war, external aggression, armed rebellion.

2. State Emergency / President’s Rule (Art 356)

  • Failure of constitutional machinery.

3. Financial Emergency (Art 360)

  • Never used.


PART–14: CONSTITUTIONAL & NON-CONSTITUTIONAL BODIES


A. Constitutional Bodies

  • Election Commission

  • UPSC

  • Finance Commission

  • CAG

  • NCSC / NCST

  • Official Languages Commission

B. Non-Constitutional

  • NITI Aayog

  • CBI

  • National Green Tribunal

  • NHRC

  • Central Vigilance Commission


PART–15: AMENDMENTS


Key Amendments

  • 1st (1951) – Added restrictions on freedom of speech.

  • 24th (1971) – Parliament can amend any part of Constitution.

  • 42nd (1976) – “Mini Constitution” — added socialism, secularism, duties.

  • 44th (1978) – Restored civil liberties.

  • 73rd & 74th (1992) – Local self-government.

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