Chapter 2: Constitution of India and Indian Polity

The Constitution

• In a democracy, the people have the power to make decisions and govern themselves.
• A constitution is a set of rules and principles that a country follows. It is like a living thing that can change and grow over time.
• The constitution of a country reflects the values and beliefs of the people who created it.
• The constitution is based on the social, political, and economic beliefs of the people, as well as their hopes and dreams for the future.
• Constitutional law is the study of the basic laws of a country, as set out in the constitution.
• The constitution is not just a set of laws, but it is also the framework for how laws are made.

Drafting the Constitution

• The idea of a constituent assembly was linked to the growth of the national movement in India.
• The assembly created different committees to work on different parts of the constitution.

The Making of the Indian Constitution

• The Constituent Assembly, formed in 1946, was responsible for creating the Indian Constitution.
• Dr. B. R. Ambedkar, the Law Minister at the time, led a Drafting Committee to write the Constitution.
• On November 26, 1949, the Constituent Assembly approved, signed, and adopted the Constitution of India.
• On January 26, 1950, the Constitution went into effect, making India a republic.

Structure of the Indian Constitution

• The Indian Constitution is a unique and comprehensive document that doesn’t fit into any specific model.
• It consists of:
  • A Preamble
  • 22 Parts, containing over 395 Articles
  • 12 Schedules
  • An Appendix
• The original Constitution had 22 parts, 395 articles, and 8 schedules. Over the past 60 years, various amendments have been made, resulting in the current structure.

The Constitution of India

• The Constitution of India has been amended 98 times since it was first adopted in 1950.
• The number of schedules has increased from 8 to 12, and the number of articles has increased from 395 to more than 448.
• The Constitution is a mix of rigid and flexible features, and it has both federal and unitary, presidential and parliamentary elements.

The Preamble

• The Preamble of the Constitution sets out the basic values and principles on which the Constitution is based.
• The 42nd Amendment (1976) added the words ‘secular’ and ‘socialist’ to the Preamble, which now reads as follows:

“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.”

The Preamble to the Indian Constitution

The Preamble to the Indian Constitution is a brief introduction that sets out the guiding principles and objectives of the Constitution. It was adopted on November 26, 1949, by the Constituent Assembly of India.

Key Points:

• The Preamble is an important part of the Constitution, but it is not essential.
• The Supreme Court of India has ruled that the Preamble is subject to the amending power of Parliament, but the basic structure of the Constitution found in the Preamble cannot be destroyed.
• The Preamble serves three main purposes:
  1. It indicates the source of the Constitution’s authority, which is the people of India.
  2. It states the objectives of the Constitution, which include securing justice, liberty, equality, and fraternity for all citizens.
  3. It sets out the fundamental principles of the Constitution, such as democracy, socialism, and secularism.

Significance of the Preamble:

The Preamble has been used by the Supreme Court of India to interpret the Constitution and to decide cases. It has also been used to justify the enactment of certain laws and policies.

The Preamble is a powerful statement of the values and aspirations of the Indian people. It is a reminder of the sacrifices that were made to achieve independence and of the commitment to building a just and equitable society.

The Preamble of the Constitution

• The Preamble is the introduction to the Constitution of India. It explains where the Constitution gets its authority, what it aims to achieve, and when it was adopted.
• The Preamble is important because it helps us understand the goals and values of the Constitution. It can also be used to interpret the Constitution when the language is unclear.

Interpretation of the Preamble

• The Preamble can be used to determine the scope of fundamental rights and directive principles of state policy.
• It can also be used to interpret constitutional provisions that declare India to be a sovereign, socialist, secular, and democratic republic.

Important Constitutional Doctrines

Doctrine of Double Jeopardy

• A person cannot be prosecuted and punished for the same crime more than once.

Doctrine of Eclipse

• The state cannot make laws that conflict with the Constitution.

The Basic Features of the Constitution

The Constitution of India has certain basic features that cannot be changed. These features are essential to the functioning of the country as a democratic republic.

The Supreme Court has identified the following as basic features of the Constitution:

• India as a sovereign democratic republic
• Equality of status and opportunity
• Secularism and the freedom of conscience
• Rule of law
• Amending power of the parliament
• Judicial review
• Balance between the fundamental rights and the directive principles

These features cannot be changed by any law that contravenes any of the fundamental rights (Article 13(2)). The Supreme Court of India has stated that all laws, including those listed in Schedule 9 of the Constitution, can be reviewed by the courts if they go against the basic structure of the Constitution.

Doctrine of Bias

• A person should not be the judge in their own case.
• Justice should not only be done but should also appear to be done to maintain the legitimacy of the judicial system.

Doctrine of Harmonious Interpretation

• If two parts of the Constitution seem to contradict each other, the meaning that allows both parts to work together smoothly should be chosen.

Doctrine of Liberal Interpretation

• The Constitution should be interpreted broadly.
• This has led to creative legal thinking in India.

Doctrine of Progressive Interpretation

• The Constitution should be interpreted in a way that considers how society and the law are constantly changing.

Doctrine of Ministerial Responsibility

• Ministers are responsible for the actions of their departments and can be held accountable by Parliament.

Responsibility:

• Ministers are accountable to the people through their elected representatives in Parliament for every action taken by the government.
• This is a crucial aspect of the parliamentary system.

Doctrine of Pith and Substance:

• If a law made by Parliament (under Articles 249 and 250) conflicts with a state law, the law made by Parliament will prevail, and the state law will be invalid to the extent of the conflict.

Doctrine of Pleasure:

• Government employees, including those in defense and civil services, can be dismissed from their jobs without any explanation.
• However, certain high-ranking officials, such as Supreme Court and High Court judges, the Chief Election Commissioner, the Comptroller and Auditor-General, and members of Public Service Commissions, have special constitutional protections that prevent them from being removed from office except in specific ways.

Doctrine of Prospective Overruling

• A court’s interpretation of the constitution or a law cannot be used to say that past actions were illegal.

Doctrine of Repugnancy

• If there is a conflict between a federal law and a state law, the court will decide which law applies based on the subject matter of the law.

Doctrine of Severability

• If part of a law is found to be unconstitutional, the rest of the law can still be valid if it can stand on its own without the unconstitutional part.

Doctrine of Territorial Nexus

• A state law cannot be applied to people or things outside of the state unless there is a strong connection between the state and the subject matter of the law.
• This doctrine is often used in cases involving sales. The Constitution of India is a complex document that outlines the structure and powers of the Indian government. It is divided into several parts and articles, each of which covers a different topic.

Part I/Articles 1-4 deals with the territory of India, including the admission, establishment, or formation of new states.

Part II/Articles 5-11 covers citizenship issues.

Part III/Articles 12-35 outlines the fundamental rights of Indian citizens.

Part IV/Articles 36-51 sets out the directive principles of state policy, which are guidelines for the government to follow in order to promote the welfare of the people.

Part IV-A/Article 51 A lists the duties of a citizen of India.

Part V/Articles 52-151 deals with the government at the union level, including the executive, legislature, and judiciary.

Part VI/Articles 152-237 covers the government at the state level, including the executive, legislature, and judiciary.

Part VII/Article 238 was repealed by the 7th Amendment in 1956.

Part VIII/Articles 239-241 deals with the administration of union territories, which are areas that are not part of any state.

Part IX/Articles 242-243 O covers the Panchayats, which are local self-government institutions in rural areas.

Part IX-A/Articles 243P-243 ZG deals with the municipalities, which are local self-government institutions in urban areas.

Part X/Articles 244-244 A covers scheduled and tribal areas, which are areas that are inhabited by indigenous peoples.

Part XI/Articles 245-263 outlines the relations between the union and states.

Part XII/Articles 264-300 A deals with finance, property, contracts, and suits.

Part XIII/Articles 301-307 covers trade, commerce, and transport.

Part XIV/Articles 308-323 (Services under the union and states)

This part deals with the services of the government, including the civil services, the armed forces, and the police.

Part XIV-A/Articles 323A-323B (Deals with administrative tribunals)

This part deals with the establishment and functioning of administrative tribunals, which are special courts that handle disputes between citizens and the government.

Part XV/Articles 324-329A (Election and election commission)

This part deals with the conduct of elections and the establishment of the Election Commission, which is responsible for overseeing elections.

Part XVI/Articles 330-342 (Special provision to certain classes SCs/STs, OBCs and Anglo Indians)

This part deals with the special provisions that are made for certain classes of citizens, such as Scheduled Castes (SCs), Scheduled Tribes (STs), Other Backward Classes (OBCs), and Anglo Indians.

Part XVII/Articles 343-351 (Official languages)

This part deals with the official languages of India, which are Hindi and English.

Part XVIII/Articles 352-360 (Emergency provisions)

This part deals with the emergency provisions that can be invoked by the President of India in times of war, external aggression, or internal disturbance.

Part XIX/Articles 361-367 (Miscellaneous provisions)

This part deals with various miscellaneous provisions, such as the citizenship of India, the protection of the environment, and the right to property.

Part XX/Article 368 (Amendment of constitution)

This part deals with the procedure for amending the constitution.

Part XXI/Articles 369-392 (Temporary, transitional and special provisions)

This part deals with the temporary, transitional, and special provisions that were made when the constitution was first adopted.

Part XXII/Articles 393-395 (Short title, commencement and repeal of the constitution)

This part deals with the short title, commencement, and repeal of the constitution.

SCHEDULES

Schedules are lists of items that are included in the constitution. The original constitution had eight schedules, and new schedules can be added by amendment. The Ninth Schedule was the first schedule added to the original constitution by the 1st Amendment of 1951, and the Twelfth Schedule is the latest schedule added by the 101st Amendment of 2016.

74th Amendment of 1992

The 74th Amendment to the Indian Constitution was made in 1992. It introduced several important changes to the Constitution, including:

• The creation of new schedules to the Constitution, which cover a variety of topics such as the designation of states and union territories, the emoluments for high-level officials, and the allocation of seats in the Rajya Sabha.
• Provisions for the administration and control of scheduled areas and scheduled tribes, as well as provisions for the administration of tribal areas in Assam.
• The division of responsibilities between the central government, state governments, and concurrent (dual) lists of responsibilities.
• The official languages of India.
• Land and tenure reforms.
• The association of Sikkim with India.

First Schedule (Articles 1 and 4)

The First Schedule deals with the territories of the 28 states and 8 union territories of India.

Second Schedule (Articles 59, 65, 75, 97, 125, 148, 158, 164, 186 and 221)

The Second Schedule deals with the salaries, allowances, and other benefits payable to the President of India, Governors of States, Chief Justice of India, Judges of the Supreme Court, and other high-level officials.

Courts and the Comptroller and Auditor General of India

Revised Salaries:

• President of India: ₹5,00,000 per month
• Vice-President: ₹4,00,000 per month
• Governor of a state: ₹3,50,000 per month (varies by state)
• Chief Justice of the Supreme Court: ₹2,80,000 per month
• Judges of the Supreme Court: ₹2,50,000 per month
• Chief Justice of a High Court:₹2,50,000 per month
• Judges of a High Court: ₹2,25,000 per month

Third Schedule (Articles 75, 99, 124, 148, 164, 188, and 219)

• This schedule outlines the various forms of oaths or affirmations that different officials must take before assuming public office.

Fourth Schedule (Articles 4 and 80)

• This schedule assigns seats to each state and union territory in the Rajya Sabha (upper house of the Indian Parliament). It also includes provisions for the administration and control of scheduled areas.

Fifth Schedule (Article 244)

• This schedule deals with the administration and control of scheduled areas and tribes in India. It provides for the establishment of tribal advisory councils and the protection of tribal rights.

Sixth Schedule (Articles 244 and 275)

• This part of the constitution talks about how tribal areas in Assam, Meghalaya, and Mizoram are run.
• It was changed in 1988, and the president approved it on December 16, 1988. It started being used in Tripura and Mizoram on the same day.

Seventh Schedule (Article 246)

• This part of the constitution lists the things that the central government and the state governments are responsible for. There are three lists:

1. Union List: This list has things that are important for the whole country, like defense, foreign affairs, railways, post office, and income tax. Only the central government can make laws about these things. There are 97 items on this list.
2. State List: This list has things that are important for each state, like education, police, and public health. Usually, only the state government can make laws about these things. There are 66 items on this list.
3. Concurrent List: This list has things that both the central government and the state governments can make laws about, like environment, forests, and trade unions. There are 47 items on this list.

Eighth Schedule (Articles 344 and 351):

• This schedule lists 22 regional languages that are recognized by the Indian constitution.

• Initially, there were only 14 languages in the schedule.

• In 1967, the 21st amendment added ‘Sindhi’ as the 15th language.

• In 1992, the 71st amendment added three more languages: Konkani, Manipuri, and Nepali.

• In 2003, the 92nd amendment added four more languages: Bodo, Dogri, Maithali, and Santhali.

The languages included in the Eighth Schedule are:

1. Assamese
2. Bengali
3. Bodo
4. Dogri
5. Gujarati
6. Hindi
7. Kannada
8. Kashmiri
9. Malayalam
10. Maithali
11. Marathi
12. Odia
13. Punjabi
14. Sanskrit
15. Sindhi
16. Tamil
17. Telugu
18. Santhali
19. Urdu
20. Konkani
21. Manipuri
22. Nepali

Ninth Schedule (Article 31-B):

• This schedule contains a list of laws that cannot be challenged in court on the grounds that they violate fundamental rights.

• These laws are considered to be necessary for the country’s security and welfare.

Tenth Schedule (Articles 102 and 191):

• This schedule contains rules about when a member of the government can be removed from office for switching parties.

Eleventh Schedule (Article 243-G):

• This schedule lists 29 areas that local village governments (panchayats) are in charge of. It was added to the constitution in 1992.

Twelfth Schedule (Article 243-W):

• This schedule lists 18 areas that local city governments (municipalities) are in charge of. It was added to the constitution in 1992.

Citizenship:

• Part II (Articles 5-11) of the constitution says that there is only one type of citizenship in India and that there is no separate citizenship for each state.
• You can become a citizen of India (according to the Citizenship Act of 1955) by being born in India, being born to Indian parents, or by registering as a citizen.

How can Indian citizenship be lost?

• You can give up your Indian citizenship by choice.
• The government can take away your citizenship if it finds out that you got it by lying or hiding important information.

Dual Citizenship

• In 2003, a new law allowed people who were eligible to become Indian citizens on January 26, 1950, to apply for dual citizenship.
• The government also gave dual citizenship to people who had the Person of Indian Origin Card (PIOC) and who had moved from India after the country became a republic.
• People from certain countries, like Australia, Canada, Finland, France, Greece, Ireland, Israel, Italy, the Netherlands, New Zealand, Portugal, Cyprus, Sweden, Switzerland, the United Kingdom, and the United States of America, could apply for dual citizenship.
• If you have dual citizenship, you can live in India and another country and have the rights and responsibilities of a citizen in both countries.

Dual Citizenship:

No citizen of Pakistan, Bangladesh, or any other country notified by the government in the future is allowed to have dual citizenship.

Articles 23-24:

• People have the right to practice their religion freely.

Articles 25-28:

• People have the right to freedom of religion. This includes the right to practice, preach, and spread their religion.

Articles 29-30:

• People have the right to protect their culture and language. They also have the right to education.

Article 32:

• People have the right to go to court if their rights are violated.

Right to Property:

• The right to property used to be a fundamental right, but it is now only a legal right. This means that the government can take away your property if it needs to, but it must follow the law.

The Janata Government on 20 June 1978:

• The Janata Government changed the constitution in 1978 to remove the right to property as a fundamental right.

Article 300A:

• The government cannot take away your property without following the law.

Right to Information:

• The right to information means that you have the right to access information from the government. This includes the right to:
• Inspect documents and records.
• Take notes or copies of documents.
• Get information in different formats, such as printouts or electronic files.

Directive Principles Part IV (Articles 36-51):

• Part IV of the constitution contains the directive principles of state policy. These principles guide the government on how to make laws and policies.

Main Directive Principles:

• The government should promote the welfare of all citizens.
• The government should reduce inequality and provide equal opportunities for all.
• The government should protect the environment and natural resources.
• The government should promote peace and international cooperation.

The Indian Constitution

The Indian Constitution applies to the entire country, except for the state of Jammu and Kashmir. It includes several important provisions that aim to ensure the well-being and rights of all citizens. Here are some key points:

1. Adequate Livelihood: The government should provide enough opportunities for people to earn a living.

2. Wealth Distribution: Wealth should be shared fairly among all citizens.

3. Child and Youth Protection: Children and young people should be protected and supported.

4. Equal Pay: Men and women should receive equal pay for the same work.

5. Free Education: Children up to the age of 14 should receive free and mandatory education.

6. Cow Slaughter Prevention: Cow slaughter is prohibited.

7. Rights to Work and Education: Citizens have the right to work, education, and public assistance during unemployment, old age, sickness, or disability.

8. Liquor Prohibition: The production, sale, and consumption of alcohol are prohibited.

9. Village Panchayats: Local village councils should be established to promote self-governance.

10. Historical Preservation: Historical and national monuments should be protected.

11. Judicial Independence: The judiciary should be separate from the executive branch to ensure a fair and consistent legal system.

12. International Cooperation: India should work with other countries to promote peace and security worldwide.

13. Legal Aid: The government should provide free legal assistance to disadvantaged individuals.

14. Environmental Protection: The state should protect the natural environment, forests, and wildlife.

Difference Between Fundamental Rights and Directive Principles

Fundamental rights are essential rights guaranteed by the constitution that cannot be violated by the government. Directive principles, on the other hand, are guidelines for the government to work towards achieving social and economic goals.

Directive Principles vs. Fundamental Rights

Directive principles are guidelines for the government to follow when making policies and laws. They are not legally enforceable, meaning that citizens cannot take the government to court if they feel that a directive principle has been violated.

On the other hand, fundamental rights are legally enforceable rights that citizens have. If a citizen feels that their fundamental rights have been violated, they can take the government to court.

42nd Amendment Bill, 1976

The 42nd Amendment Bill, 1976 made some changes to the Indian Constitution, including giving directive principles precedence over fundamental rights. This means that if there is a conflict between a directive principle and a fundamental right, the directive principle will prevail.

The 42nd Amendment Bill also added two more directive principles:

1. Free legal aid from the state to weaker sections of society
2. The state to protect the natural environment, forests, and wildlife

Duties of a Citizen of India

The 42nd Amendment Bill, 1976 also added 10 fundamental duties for citizens of India. These duties include:

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 ideas that inspired our national freedom struggle
3. To promote harmony and the spirit of common brotherhood amongst all the people of India
4. To renounce practices derogatory to the dignity of women
5. To value and preserve the rich heritage of our composite culture
6. To protect and improve the natural environment including forests, lakes, rivers, and wildlife
7. To develop scientific temper, humanism, and the spirit of inquiry and reform
8. To safeguard public property and to abjure violence
9. 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
10. To provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years

The 86th Amendment Act, 2002 added an 11th fundamental duty:

1. To protect and improve the natural environment including forests, lakes, rivers, and wildlife Here is the content rewritten in simpler language:

2. To respect the Constitution, the national flag, and the national anthem [Article $51 \mathrm{~A}(\mathrm{a})$].

3. To follow the ideals and teachings of our freedom fighters [Article $51 \mathrm{~A}(\mathrm{~b})$].

4. To protect and preserve the unity and integrity of India [Article $51 \mathrm{~A}(\mathrm{c})$].

5. To defend the country and serve the nation when needed [Article $51 \mathrm{~A}(\mathrm{~d})$].

6. To promote peace and unity among all Indians, regardless of religion, language, or region, and to reject practices that disrespect women [Article $51 \mathrm{~A}(\mathrm{e})$].

7. To appreciate and protect our rich cultural heritage [Article $51 \mathrm{~A}(\mathrm{f})$].

8. To protect and improve the environment [Article $51 \mathrm{~A}(\mathrm{~g})$].

9. To develop a scientific mindset, compassion, and a spirit of curiosity and progress [Article $51 \mathrm{~A}(\mathrm{~h})$].

10. To take care of public property and avoid violence [Article $51 \mathrm{~A}(\mathrm{i})$].

11. To strive for excellence in all areas of life [Article $51 \mathrm{~A}(\mathrm{j})$].

12. To promote the welfare of the people by encouraging individual and group activities that help the nation reach new heights of effort and success (Article 51 A(j)).

13. To make sure that children between the ages of 6 and 14 have access to free and required education (added by the 86th Amendment Act, 2002) (Article 51 A(k)).

Key Constitutional Provisions for Minorities

• Article 350(A): This article deals with the use of Hindi as the official language of the Union.
• Article 350(B): This article deals with the use of English as an additional official language of the Union.

The President:

• The President of India is the head of state, but does not have real power.
• The real power lies with the Council of Ministers.
• The President is elected by an electoral college made up of elected members of Parliament and state legislatures.

Qualifications:

• Must be a citizen of India.
• Must be at least 35 years old.
• Must be qualified to be an elected member of the Lok Sabha (lower house of Parliament), but cannot be a sitting member.
• Must not hold any office of profit under the Government of India or any other government.

Powers:

• Executive and Administrative Powers: Appoints senior officials of the state, including the Prime Minister.
• All union territories are administered by the President through an Administrator appointed by him. The President of India has several powers and responsibilities.

Legislative Powers:

• The President can appoint 12 members to the Rajya Sabha (the upper house of the Indian Parliament) and two Anglo-Indian members to the Lok Sabha (the lower house of the Indian Parliament).
• The President can dissolve the Lok Sabha.
• The President can give his assent to a bill passed by the Parliament or withhold his assent.
• The President can issue ordinances when the Parliament is not in session.

Financial Powers:

• The President presents the budget to the Parliament.
• The President approves the introduction of money bills in the Parliament.
• The President divides the revenue between the central government and the state governments.

Judicial Powers:

• The President can pardon criminals, reduce their sentences, or stop their punishments.

Emergency Powers:

• The President can declare an emergency and take control of the administration of any state.

Protection from Legal Action:

• The President cannot be questioned in court for any actions taken while performing his duties.
• No criminal charges can be brought against the President.

Removal from Office:

• The President can be removed from office if he violates the Constitution. This process is called impeachment.

Vice President

• The vice president is chosen by a group of people called the electoral college. This group includes members of both houses of Parliament.
• Unlike the president’s election, state legislatures are not involved in choosing the vice president.
• The vice president serves for five years and can be re-elected right away.

Functions

• The vice president is the official leader of the Rajya Sabha, one of the two houses of Parliament.
• If the president dies, resigns, or is removed from office, the vice president takes over as president.
• The vice president also acts as president when the president is sick, away, or unable to do their job for any other reason.

Prime Minister

• The prime minister is the leader of the Indian government.
• The prime minister is the leader of the political party that has the most seats in the Lok Sabha, the lower house of Parliament.
• The president appoints the prime minister.
• The prime minister serves for five years and can stay in office as long as the president agrees and until a new Lok Sabha is formed.
• If the government loses a vote of confidence in the Lok Sabha (but not in the Rajya Sabha), the prime minister must resign. The government, led by the Prime Minister, must step down.

Rajya Sabha

• The Rajya Sabha is the upper house of the Indian Parliament.
• It has 250 members, of which 238 are elected by the state and union territory legislatures, and 12 are nominated by the president.
• The vice president of India is the ex officio chairman of the Rajya Sabha, and the deputy chairman is elected from among the members.
• The Rajya Sabha is a permanent body, and one-third of its members retire every two years.
• Members of the Rajya Sabha serve six-year terms.
• The Rajya Sabha shares the power to amend the constitution with the Lok Sabha.
• It can also originate any bill (except a money bill) and refer the charge of impeachment against the president.
• The elected members of the Rajya Sabha take part in the election of the president and the vice president.

Lok Sabha

• The Lok Sabha is the lower house of the Indian Parliament.
• It is also known as the House of the People.
• The Lok Sabha has 545 members, of which 543 are elected from single-member constituencies, and two are nominated by the president.
• The Lok Sabha is elected for a five-year term.
• The Lok Sabha has the power to pass laws, approve the budget, and impeach the president.
• The prime minister of India is the leader of the majority party in the Lok Sabha.

Composition of the Lok Sabha:

• Members are elected directly by the people from different regions (states and union territories) in India.
• Two members are nominated by the President to represent the Anglo-Indian community. This is done to ensure that this community has a voice in the Lok Sabha, even if they do not have enough votes to win an election.

Strength of the Lok Sabha:

• The Lok Sabha has a total of 552 members.
• 530 members represent states, and 20 members represent union territories.
• Up to two additional members can be nominated by the President to represent the Anglo-Indian community. However, this is only done if the President believes that this community is not adequately represented in the Lok Sabha.

Size of the Council of Ministers:

• The Council of Ministers is limited to 15% of the total number of members in the Lok Sabha.
• This limit was set by amending Articles 75 and 164 of the Indian Constitution.

Sessions of Parliament:

• The Lok Sabha and Rajya Sabha meet for sessions throughout the year.

• There are usually three sessions each year:

• Budget session (February to May)

• Monsoon session (July to September)

• Winter session (November to December)

• The President summons both houses of Parliament for each session.

• There must not be a gap of more than 6 months between two sessions of Parliament. The Parliament’s sessions are divided into four parts, with a 3-4 week break in between each part. This means that there are four sessions in a year.

The schedule of sessions may change during an election year or in other special situations.

Ordinary Bills: All bills except money bills are introduced in either the Lok Sabha or the Rajya Sabha. After a debate, a bill is passed by a majority vote and sent to the other house.

If the other house suggests changes to the bill, it is sent back to the house where it started for reconsideration. The bill is considered passed by both houses if the original house accepts the changes made by the other house.

The bill is then sent to the President for his approval. If the President approves the bill, it becomes a law. If the President does not approve the bill, it is rejected.

If the President neither approves nor rejects the bill, he can send it back to Parliament for reconsideration. If both houses pass the bill again after reconsideration, it becomes a law.

Money Bills:

• Money bills can only start in the Lok Sabha, and the president must recommend them.
• After the Lok Sabha passes a money bill, it goes to the Rajya Sabha.
• The Rajya Sabha has 14 days to make recommendations. If they don’t do it within 14 days, the bill is considered passed by both houses.
• If the Rajya Sabha sends back the bill with recommendations, the Lok Sabha can choose to accept or reject them.
• Even if the Lok Sabha rejects the Rajya Sabha’s recommendations, the bill is still considered passed.

Joint Sitting of Parliament:

• The president can order a joint session of both houses of Parliament to consider a particular bill in three situations:

  • A bill is passed by one house but rejected by the other.
  • The amendments made by one house are not acceptable to the house where the bill started.
  • A bill has been pending (not passed) in a house for more than 6 months from the date it was received.

  Caretaker Government

• The constitution does not mention anything about a caretaker government.

• This term is used to describe a group of ministers who have resigned because they lost the trust of the Lok Sabha or for some other reason. However, the president asks them to continue until a new government is formed.

• If a state government cannot function according to the constitution, the president can impose president’s rule.

Anti-defection Law

• The anti-defection law was added to the constitution to stop politicians from switching parties. However, it ended up making it easier for large groups of politicians to switch parties.
• The commission suggested that all politicians who switch parties should resign and run for re-election.
• They should not be allowed to hold any public office or other paid political position unless they win re-election.
• Votes cast for politicians who switch parties should not be counted.

Supreme Court

• The Constitution of India balances the ideas of parliamentary sovereignty and judicial supremacy.

• The Supreme Court is the highest court in India.

• Composition: The Supreme Court has 1 Chief Justice and 33 other judges.

• The President appoints the Chief Justice, and the President appoints the other judges after consulting with the Chief Justice.

• Location: The Supreme Court usually meets in New Delhi.

• But it can meet anywhere in India. The Chief Justice of India decides this in consultation with the President.

• Qualifications: To be a Supreme Court judge, you must have been a High Court judge for 5 years, a famous lawyer, or a practicing lawyer in a High Court for 10 years.

• Functions:

1. It settles disputes between the central government and state governments.
2. It hears appeals from High Courts.
3. It protects fundamental rights.
4. It interprets the Constitution.

The Supreme Court of India

1. The Supreme Court is the highest court in India and has the power to interpret the constitution.
2. It hears appeals from the High Courts in certain civil and criminal cases.
3. The President of India can ask the Supreme Court for its opinion on any important question of law or fact.
4. The Supreme Court can issue orders or instructions to enforce any of the fundamental rights mentioned in the constitution.

Tenure of Supreme Court Judges

• Judges of the Supreme Court can serve until they are 65 years old.
• After retiring, a Supreme Court judge cannot practice law or work for any authority in India.

State Executive

• The executive branch of the state government consists of:
  • The Governor
  • The Chief Minister
  • The Council of Ministers

Governor

• The Governor is the official head of the state and is appointed by the President of India for a five-year term.
• The Governor’s powers include:
  • Executive powers
  • Legislative powers
  • Financial powers
  • Judicial powers
  • Discretionary powers

President vs. Governor

• The President of India is the head of state, while the Governor is the head of the state government.
• The President appoints the Governor, and the Governor serves at the President’s pleasure.
• The President has more power than the Governor. The governor of a state cannot choose the judges for the State High Courts, but the president can (after talking to the governor and the chief justice of India).

Also, the governor doesn’t have any special powers during emergencies, but the president does.

State Council of Ministers

Chief Minister

• The leader of the party that has the most seats in the state assembly is asked by the governor to become the chief minister.
• Someone who isn’t already a member of the state legislature can still be chosen as the chief minister, but they have to get elected within 6 months of being appointed.
• The chief minister suggests who should be ministers and what their responsibilities should be to the governor, who then officially makes them ministers.
• Term: 5 years

Council of Ministers

• Making the Council of Ministers: According to the constitution, every state must have a group of ministers to help the governor make decisions (except for a few special cases). - After the governor appoints a chief minister according to the constitution, the chief minister makes a list of his ministers, which the governor usually approves.
• This creates the state’s ministry, and a formal council of ministers is formed.
• The council of ministers is closely connected to the state legislature and acts as its executive arm.
• According to the constitution, all ministers must be members of either house of the state legislature.
• Before a minister starts working, the governor gives them oaths of office and secrecy following the procedures outlined in the third schedule.
• The state legislature decides the salaries and allowances of ministers.
• The council of ministers is collectively responsible to the state’s legislative assembly.

Minister’s Tenure:

• A minister must be a member of the state legislature.
• If a minister is not a member of the legislature for six consecutive months, they will lose their position as a minister.

State Legislature:

• The state legislature is made up of the governor and one or two houses.
• If a state has only one house, it’s called the legislative assembly.
• If a state has two houses, the second one is called the legislative council.
• States with one house are called unicameral, while states with two houses are called bicameral.

Bicameral States:

• Currently, only five states in India have a bicameral legislature: Bihar, Jammu and Kashmir, Karnataka, Maharashtra, and Uttar Pradesh.
• All other states have only one house.

Legislative Council (Vidhan Parishad):

• Also known as the Upper House.
• The total number of members in the legislative council cannot be more than one-third of the number of members in the legislative assembly.
• The strength of the council varies depending on the population of the state.
• Members serve for six years, with one-third of the members retiring every two years.
• One-third of the members are elected by local bodies, one-third by the legislative assembly, one-twelfth by university graduates with at least three years of standing, a similar proportion by teachers, and one-sixth are nominated by the governor.

Legislative Assembly (Vidhan Sabha)

• Also known as the Lower House.
• The strength of the assembly can be between 60 and 525 members, except for Sikkim, which has only 32 members.
• Members serve for five years.
• Members are directly elected from territorial constituencies within the state.
• The council of ministers is responsible to the assembly.
• The chief minister is the leader of the house.

State Judiciary

High Court

• Each state has a High Court, which is the highest court in the state. The highest court in a state is called the High Court. Sometimes, two or more states may share a common High Court. For instance, Punjab, Haryana, and the union territory of Chandigarh have a common High Court. Currently, there are 21 High Courts in India.

The state judiciary is made up of a chief justice and other judges appointed by the president of India. The number of judges in each High Court varies. For example, the Allahabad High Court has 37 judges, while the Jammu and Kashmir High Court has only 5.

High Court judges serve until they reach the age of 62. Their term can be shortened if they resign or are removed by the president through a process called impeachment in the parliament. A judge may also leave office if they are appointed as a judge of the Supreme Court or transferred to another High Court.

The president can only remove a High Court judge if the parliament passes a resolution by a two-third majority.

Restriction on Legal Practice:

If a person has been a judge in a High Court, they cannot practice law in that same court. However, they can practice law in the Supreme Court or in a different High Court where they did not serve as a judge.

High Court’s Power of Superintendence:

Each High Court has the authority to oversee and supervise all the courts within its jurisdiction.

Judicial Functions:

• A High Court can hear appeals and review decisions made by lower courts in cases related to revenue and its collection, as well as cases involving the enforcement of fundamental rights.
• The decisions made by a High Court are considered important and are referred to in future cases.

Administrative Functions:

• A High Court can make rules and regulations to manage the practices and procedures of the courts within its jurisdiction.

• It can also specify how records and accounts should be kept in these courts. The High Court oversees the operations of all lower courts and establishes rules and procedures for conducting business.

• It has the authority to examine the records of lower courts.

• However, it has no authority over any court or tribunal established under military law.

Appointment of Judges

• The president appoints all High Court judges, including the chief justice.
• The chief justice of India and the governor of the relevant state are consulted before appointing the chief justice.
• The chief justice of the relevant High Court is also consulted before appointing a judge, in addition to the chief justice of India and the governor of the relevant state.
• However, the president ultimately makes all judicial appointments.
• On October 6, 1993, the Supreme Court’s constitution bench ruled that the chief justice’s opinion (of the relevant High Court and the Supreme Court) would take precedence in both the appointment

Qualifications for High Court Judges:

To become a judge in the High Court, a person must:

• Be a citizen of India.
• Have been a lawyer for at least 10 years in a High Court or two High Courts in a row.
• Have held a judicial position in India for at least 10 years.

Balwant Rai Mehta Committee:

After India gained independence, the government started a “Community Development Programme” in 1952. But it didn’t work because people didn’t feel connected to it. They saw it as something the government forced on them.

A team led by Balwantrai Mehta looked into why the program failed. They decided that each village needed an organization to choose the real people who needed help and carry out different government programs and plans. This organization would speak for the people and make sure their needs were met. Balwantrai Mehta wanted to create a system of local self-government in India. He believed that this would help villages develop and ensure that villagers had a say in how their communities were run.

The concept of local self-government was a good idea because it allowed for more decentralized democracy. This meant that decisions were made at the local level, rather than by the central government.

Rajasthan was the first state in India to adopt a three-levelled structure of panchayati raj. This meant that there were village-level, intermediate-level, and district-level panchayats.

In 1977, the Ashok Mehta Committee was set up to review how panchayats were working. The committee found that panchayats were important for democracy and should be given more power.

The panchayats that were formed after 1977 are called second-generation panchayats. In West Bengal, panchayats became more effective after the state accepted the suggestions made in the Ashok Mehta Committee report.

In the 1990s, it was realized that panchayats needed constitutional power in order to be truly effective. This led to the passing of the 73rd and 74th amendments to the Indian Constitution, which gave panchayats more power and autonomy.

Panchayati Raj: A Simplified Explanation

Panchayati Raj is a system of local self-government in India. It allows people in rural areas to make decisions and take action on issues that affect their lives.

The Panchayati Raj Act was passed in 1992 and became effective in 1993. It gives panchayats (village councils) the power to make decisions about things like education, healthcare, and infrastructure.

Panchayats are elected by the people who live in the village. They are responsible for making sure that the needs of the village are met.

Panchayats work closely with the state government. The state government provides funding and support to panchayats, and it also oversees their activities.

Zonal Councils

Zonal councils are groups of states that work together to address common issues. There are five zonal councils in India:

• Northern Zonal Council
• Central Zonal Council
• Eastern Zonal Council
• Western Zonal Council
• Southern Zonal Council

Zonal councils meet regularly to discuss issues such as economic development, infrastructure, and security. They also make recommendations to the central government on these issues.

Zones of India:

1. Northern Zone: This zone includes the states of Haryana, Punjab, Rajasthan, Jammu and Kashmir, Himachal Pradesh, and the National Capital Region of Delhi.
2. Eastern Zone: This zone includes the states of Bihar, Jharkhand, West Bengal, Orissa, Assam, Manipur, Tripura, Nagaland, Arunachal Pradesh, Mizoram, and Meghalaya.
3. Central Zone: This zone includes the states of Uttar Pradesh, Uttarakhand, Madhya Pradesh, and Chhattisgarh.
4. Western Zone: This zone includes the states of Gujarat, Maharashtra, and Goa.
5. Southern Zone: This zone includes the states of Andhra Pradesh, Tamil Nadu, Karnataka, and Kerala.

Functions of Zonal Councils:

• Zonal councils are like discussion groups where member states can talk about things that are important to them all.
• They give advice to member states on topics like social planning, transportation between states, economic planning, border disputes, and issues related to minorities.

Attorney General of India:

• The attorney general is the top lawyer for the government. They give the government legal advice.
• The President of India can appoint a qualified Supreme Court judge as the Attorney General of India.
• The Attorney General has the right to speak first in all courts in India.
• The Attorney General serves at the pleasure of the President. However, since the Attorney General is appointed on the advice of the government, it is customary for the Attorney General to resign when the government changes.

Political Process in India

• India is a democratic country with a parliamentary system of government.
• Elections are held regularly to choose the members of the government, the two houses of Parliament, the state and union territory legislative assemblies, and the President and Vice President.
• The decline of the Congress (I) party since the late 1980s has ended the dominance of a single party in Indian politics.

India’s Political System

• Before, India had a dominant single-party system, where the Congress party was very powerful.
• Within the Congress party, there were often conflicts and disagreements, which were more important than conflicts between the Congress and other parties.
• The Congress party decided what was important in politics, and other parties reacted to their decisions.
• By 1989, India had a new political system where the Congress party was just one of many major parties.
• In the mid-1990s, the Congress party often responded to what other parties did instead of making their own decisions.

General Elections in India

• Every 5 years, India holds one of the biggest and most complicated elections in the world.
• In the 1990s, over 521 million voters went to nearly 6,00,000 polling stations to choose from almost 8950 candidates from about 162 different parties.
• These elections show a lot about India and its people.

Political Parties in India

• Candidates come from different backgrounds, such as former kings and queens, famous movie stars, religious leaders, war heroes, and more and more farmers.
• Campaigns use different ways to communicate, from modern video vans with two-way screens to the traditional way of spreading news by word of mouth.
• Elections have also become more violent.
• In 1991, about 350 people were killed in violence related to elections. This includes former Prime Minister Rajiv Gandhi, 4 other candidates for Parliament, and 21 candidates running for state legislative assembly elections.

Changes in India’s Party System

• India’s political party system is going through a big change.
• The 1989 general elections ended the time when the Congress party was the most powerful.
• Even though the Congress (I) party won power again in 1991, it was no longer the most important party in the system.
• Instead, it was just one way to get a majority in politics, and it was becoming less popular. - The Congress (I) party was having trouble keeping its coalition of upper-caste elites, Muslims, scheduled castes, and scheduled tribes together.
• The BJP was trying to form a new majority by appealing to Hindu nationalism.
• The Janata Dal and the BSP were trying to form a new majority by appealing to the increasingly assertive backward classes, Dalits, scheduled castes, scheduled tribes, and religious minorities.
• The Aam Aadmi Party (AAP), led by Arvind Kejriwal, was formed in 2013. In its first attempt at the Delhi Assembly polls in 2013, it became the second-largest party in the state and formed the government with the support of the Congress party.

Indian Elections/Political System

• The word “candidate” comes from the Latin word “candidatus,” which means “one clad in white.” Most candidates still wear white today.
• The words “ballot” and “bullet” both come from words that mean “balls.”
• The Greeks used to drop a white ball into a box to vote for someone. - The term ‘blackballed’ comes from this too.
  • Electronic voting machines were first used in Kerala. They were designed by Electronics Corporation of India Ltd. and Bharat Electronics Ltd.
• An electronic voting machine can support up to 64 candidates.
• If there are more than 64 candidates, manual ballots are used.
• In 1996, there were 1033 candidates running for a single seat in the Modaurichi assembly constituency in Tamil Nadu.
• The ballot paper was so long that it was made into a booklet!
• In 1988, the Congress party did not win even a single seat in Uttar Pradesh.
• Mayawati’s BSP and George W. Bush’s Republican Party both have the same electoral symbol - the elephant.
• The lowest voter turnout in a polling station was three.
• This happened in Bomdila district in Arunachal Pradesh.
• In the 1950s, elections were conducted using different ballot boxes for each candidate instead of voting on a ballot paper.
• Different coloured boxes represented different candidates.

Interesting Facts about Indian Elections

• Chhindwara in Madhya Pradesh is the only constituency in the Hindi-speaking region that has always elected a Congress candidate in general elections.

• Atal Bihari Vajpayee is the only politician to have won from six different constituencies: Balrampur, Gwalior, New Delhi, Vidisha, Gandhinagar, and Lucknow.

• He is also the only parliamentarian to be elected from four different states: Uttar Pradesh, Gujarat, Madhya Pradesh, and Delhi.

• The Bharatiya Janata Party (BJP) won Lok Sabha seats for the first time in Tamil Nadu and West Bengal in 1998.

• Rajnandagaon in Madhya Pradesh has a unique feature: a father, mother, and son have represented this constituency at different times.

• The highest voter turnout in any general election was 62.2% in 1957, while the lowest was in 1967 when only 33% of citizens cast their votes. India has a vast population that speaks over 1600 languages, making it difficult to choose a single national language.

• The constitution decided that Hindi in Devanagari script would be the official language of the union. However, English was allowed to be used for all official purposes for 15 years from the start of the constitution.

• This meant that Hindi and English were both official languages of the union until 1965. After that, the use of English for any purpose depended on what the parliament decided.

• The parliament made a law called the Official Languages Act in 1963 to decide how Hindi and English would be used.

• This law says that both Hindi and English must be used for certain things, like resolutions, orders, rules, notifications, press releases, reports, licenses, permits, contracts, and agreements.

Language Policy in India

• Each state in India can choose its official language(s).
• The president appoints special officers to protect the rights of linguistic minorities.
• The Supreme Court and High Court use English as their official language.

How the Constitution Can Be Changed

• There are three ways to change the constitution, depending on how important the change is.
• Some changes can be made with a simple majority vote in Parliament.
• More important changes require a two-thirds majority vote in both houses of Parliament.
• The most important changes also require the approval of at least half of the state legislatures.
• Changes that affect the federal structure of the constitution can only be made with the approval of the states.
• Only the central government can propose changes to the constitution. The constitution can be changed, but not in the following areas:
• Fundamental rights
• Territorial changes
• Transitional provisions
• Democratic reforms

The democratic reforms include:

• Limits on when an internal emergency can be declared
• Creating ways for local self-governance
• Stopping members from changing parties
• Limiting the size of the cabinet
• Creating a National Commission for Scheduled Castes
• Creating a National Commission for Scheduled Tribes