INDIAN POLITY & CONSTITUTION — SHORT NOTES (Exam-Point-of-View)
PART–1: EVOLUTION OF THE INDIAN CONSTITUTION
1. Historical Background
Regulating Act, 1773
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First step in British Government’s control over East India Company.
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Created Governor-General of Bengal (Warren Hastings first).
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Supreme Court at Calcutta established.
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Company’s political activities brought under British govt.
Pitt’s India Act, 1784
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Dual control:
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Board of Control (Crown) → political matters.
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Court of Directors (Company) → commerce.
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Governor-General given more powers.
Charter Acts
Charter Act, 1813
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Ended Company monopoly except tea & China trade.
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Christian missionaries permitted.
Charter Act, 1833
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Created Governor-General of India (Lord William Bentinck first).
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Centralised administration.
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Company became purely administrative.
Charter Act, 1853
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Introduced open competition for civil services.
Government of India Act, 1858
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Company rule ended after 1857 revolt.
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Power transferred to Crown.
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Office of Viceroy of India created (Lord Canning first).
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Secretary of State for India established.
Indian Councils Acts
Act of 1861
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Started legislative councils.
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Indians nominated for first time.
Act of 1892
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Enlarged councils; limited discussion allowed.
Act of 1909 (Morley–Minto Reforms)
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Introduced separate electorates for Muslims.
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Start of communal politics.
Government of India Act, 1919 (Montagu–Chelmsford)
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Introduced dyarchy in provinces (transferred + reserved subjects).
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Bicameralism at centre (Legislative Assembly + Council).
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Aimed at “progressive realisation of responsible govt”.
Government of India Act, 1935
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Most important pre-constitution act.
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Provisions:
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All-India Federation (never came).
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Provincial autonomy.
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Bicameralism in some provinces.
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Federal Court established (1937).
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Separate electorates extended to women, labour, depressed classes.
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Indian Independence Act, 1947
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Partition of India and Pakistan.
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Constituent Assembly given full sovereignty.
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Office of Governor-General in both nations.
PART–2: MAKING OF THE CONSTITUTION
1. Constituent Assembly
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Idea by M.N. Roy (1934); accepted by INC in 1935.
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Elections: 1946.
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Total members: 389 (after partition: 299).
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Dr. Rajendra Prasad – President.
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Dr. B.R. Ambedkar – Chairman of Drafting Committee.
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B.N. Rau – Constitutional advisor.
Important Committees
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Union Powers Committee – Jawaharlal Nehru
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Fundamental Rights Committee – Sardar Patel
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Provincial Constitution Committee – Sardar Patel
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Advisory Committee on Minorities – Sardar Patel
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Drafting Committee – Dr. B.R. Ambedkar
2. Timeline
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First meeting: 9 Dec 1946
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Adopted Constitution: 26 Nov 1949
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Enforced: 26 Jan 1950 (chosen to honour 1930 Purna Swaraj).
3. Sources of the Constitution
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UK → Parliamentary system, Rule of law.
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USA → Fundamental Rights, Judicial Review.
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Canada → Strong centre, Residual powers.
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Ireland → DPSPs, Presidential election.
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Australia → Concurrent list, Trade freedoms.
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USSR → Fundamental Duties.
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France → Liberty, Equality, Fraternity.
PART–3: SALIENT FEATURES OF THE INDIUTION
1. Longest Written Constitution
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Originally 395 Articles, 22 Parts, 8 Schedules.
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Now over 470+ Articles, 12 Schedules.
2. Blend of Rigidity & Flexibility
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Some parts easily amended; others need special majority + state ratification.
3. Federal System with Unitary Bias
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Features of Federation:
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Dual govt, Written constitution, Supremacy of constitution, Independent judiciary.
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Unitary tendencies:
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Strong centre, Emergency powers, Single citizenship.
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4. Parliamentary System
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Executive derived from legislature.
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Collective responsibility of Council of Ministers.
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Prime Minister is real head.
5. Secular State
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No official religion.
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Equal respect for all religions.
6. Independent Judiciary
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Supreme Court + High Courts + Subordinate courts.
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Judicial Review.
7. Universal Adult Franchise
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Every Indian above 18 years can vote.
8. Fundamental Rights
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Justiciable rights for citizens & foreigners (except political rights).
9. DPSPs
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Ideals for welfare state; non-justiciable.
PART–4: PREAMBLE
Text
India is a Sovereign, Socialist, Secular, Democratic, Republic.
Objectives
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Justice: social, economic, political
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Liberty: thought, expression, belief, faith, worship
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Equality: status & opportunity
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Fraternity: assuring dignity & unity
44th Amendment
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Restored “Right to property” as legal right, not fundamental.
PART–5: FUNDAMENTAL RIGHTS (ARTICLES 12–35)
1. Right to Equality (14–18)
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Equality before law (Art 14).
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Prohibition of discrimination (Art 15).
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Equality of opportunity (Art 16).
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Abolition of untouchability (Art 17).
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Abolition of titles (Art 18).
2. Right to Freedom (19–22)
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6 freedoms (speech, assemble, form associations, move, reside, profession).
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Protection in criminal procedures (Art 20).
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Right to life & personal liberty (Art 21).
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Preventive detention rules (Art 22).
3. Right against Exploitation (23–24)
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No trafficking, forced labour.
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No child labour in hazardous work.
4. Right to Freedom of Religion (25–28)
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Freedom of conscience & religion.
5. Cultural & Educational Rights (29–30)
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Minorities can preserve culture, run institutions.
6. Right to Constitutional Remedies (Art 32)
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Heart & soul of Constitution — Dr. Ambedkar.
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Writs: Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto.
PART–6: DIRECTIVE PRINCIPLES OF STATE POLICY (DPSPs)
Categories
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Socialistic: Right to work, equal pay, education.
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Gandhian: Panchayati Raj, cottage industries, prohibition.
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Liberal–intellectual: Uniform Civil Code, environment protection.
Nature
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Non-justiciable; aims at welfare state.
PART–7: FUNDAMENTAL DUTIES (ART 51A)
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Added by 42nd Constitutional Amendment (1976).
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Ten duties; later 11th added (education of children).
PART–8: UNION GOVERNMENT
1. President of India
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Nominal head; exercises powers on aid & advice of PM.
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Elected indirectly by Electoral College.
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Article 52–78.
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Powers: executive, legislative (ordinances), judicial (pardons), emergency.
2. Vice President
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Ex-officio Chairman of Rajya Sabha.
3. Prime Minister
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Real head of govt.
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Leader of majority party.
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Controls Council of Ministers.
4. Council of Ministers
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Cabinet > Ministers of State > Deputy Ministers.
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Collective responsibility.
5. Parliament
Rajya Sabha (Upper House)
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250 max; permanent body; 1/3 members retire every 2 yrs.
Lok Sabha (Lower House)
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552 max; directly elected; 5-year term.
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Money bills only introduced in LS.
Power Structure
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Ordinary bills: both houses equal.
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Money bills: LS has primacy.
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Joint sitting possible (except constitutional amendments).
PART–9: JUDICIARY
1. Supreme Court
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Highest court; guardian of Constitution.
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Articles 124–147.
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Powers:
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Original (Centre–state disputes).
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Appellate.
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Advisory (Art 143).
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Judicial review.
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2. High Courts
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One for each state or group of states.
3. Subordinate Courts
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District & Sessions Courts, Lok Adalats, Family Courts.
PART–10: STATE GOVERNMENT
1. Governor
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Appointed by President.
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Acts on advice of Chief Minister.
2. Chief Minister
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Real head of state executive.
3. State Legislature
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Unicameral / Bicameral.
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Legislative Assembly & Legislative Council (in some states).
PART–11: CENTRE–STATE RELATIONS
Legislative
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Union List – 100 subjects
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State List – 61
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Concurrent List – 52
Administrative
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States follow Centre during emergencies.
Financial
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Finance Commission recommends distribution.
PART–12: LOCAL GOVERNMENT
1. Panchayati Raj (73rd Amendment, 1992)
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3-tier:
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Gram Panchayat
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Panchayat Samiti
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Zila Parishad
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2. Municipalities (74th Amendment, 1992)
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Nagar Panchayat
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Municipal Council
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Municipal Corporation
PART–13: EMERGENCY PROVISIONS
1. National Emergency (Art 352)
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On grounds of war, external aggression, armed rebellion.
2. State Emergency / President’s Rule (Art 356)
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Failure of constitutional machinery.
3. Financial Emergency (Art 360)
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Never used.
PART–14: CONSTITUTIONAL & NON-CONSTITUTIONAL BODIES
A. Constitutional Bodies
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Election Commission
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UPSC
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Finance Commission
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CAG
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NCSC / NCST
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Official Languages Commission
B. Non-Constitutional
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NITI Aayog
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CBI
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National Green Tribunal
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NHRC
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Central Vigilance Commission
PART–15: AMENDMENTS
Key Amendments
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1st (1951) – Added restrictions on freedom of speech.
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24th (1971) – Parliament can amend any part of Constitution.
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42nd (1976) – “Mini Constitution” — added socialism, secularism, duties.
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44th (1978) – Restored civil liberties.
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73rd & 74th (1992) – Local self-government.
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