Indian Polity & Governance – Complete Study Notes

Constituent Assembly

• Established under Cabinet Mission Plan (1946)
• First meeting: 9 December 1946; Dr Sacchidananda Sinha — temporary President
• Permanent President: Dr Rajendra Prasad
• Drafting Committee Chairman: Dr B.R. Ambedkar
• Adopted: 26 November 1949 (Constitution Day / Law Day since 2015)
• Came into force: 26 January 1950 (Republic Day)
• Original: 395 articles, 8 schedules; currently 448 articles, 12 schedules, 25 parts

Sources of the Indian Constitution

Preamble

• Socialist, Secular, Integrity — added by 42nd Amendment (1976)
• Sovereign: Supreme authority; not subject to any external power
• Socialist: Mixed economy; no monopoly; equal distribution
• Secular: No state religion; equal treatment of all religions (positive secularism)
• Democratic: Government elected by people; universal adult franchise
• Republic: Elected head of state (not hereditary)
• Preamble is a part of the Constitution (Kesavananda Bharati case 1973)
• Preamble cannot be amended to alter the basic structure (Kesavananda Bharati)

Salient Features of Indian Constitution

• Longest written constitution in the world
• Federal with unitary bias ("quasi-federal" — K.C. Wheare)
• Parliamentary system of government
• Fundamental Rights (justiciable) + DPSP (non-justiciable)
• Single citizenship; single constitution for centre and states (unlike USA)
• Independent judiciary with power of judicial review
• Secular state
• Universal adult franchise (age 18; 61st Amendment 1988 lowered from 21)
• Emergency provisions — National (Art 352), State/President's Rule (Art 356), Financial (Art 360)

Schedules of the Constitution

The Six Fundamental Rights

Writs under Article 32 (Supreme Court) and 226 (High Court)

Right to Life (Article 21) — Judicial Expansions

• Art 21: "No person shall be deprived of his life or personal liberty except according to procedure established by law"
• Maneka Gandhi case (1978): procedure must be fair, just, and reasonable — not arbitrary
• Expanded to include: right to livelihood, right to privacy (Puttaswamy case 2017), right to health, right to education (before 86th Amendment), right to shelter, right to a clean environment, right to legal aid
• Right to Privacy declared Fundamental Right: K.S. Puttaswamy vs Union of India 2017 (9-judge bench)

DPSP vs Fundamental Rights

Classification of DPSPs

Fundamental Duties (Article 51A)

• Added by 42nd Amendment 1976; based on recommendations of Swaran Singh Committee
• 11 duties (10 originally; 11th — duty of parents for education — added by 86th Amendment 2002)
• Non-justiciable but used to interpret FR cases
• Key duties: Abide by Constitution; uphold sovereignty; defend the country; cherish national heritage; protect environment; develop scientific temper; safeguard public property; strive for excellence

Important DPSP Articles

Lok Sabha vs Rajya Sabha

Types of Bills

Sessions and Joint Sitting

• Three sessions: Budget (Feb–May), Monsoon (July–Sept), Winter (Nov–Dec)
• President summons and prorogues sessions; only President can dissolve Lok Sabha
• Joint Sitting (Art 108): Only for Ordinary Bills deadlocked between Houses; presided by Speaker; simple majority of total members present and voting
• Joint sitting not possible for: Money Bills, Constitution Amendment Bills
• Zero Hour: 12 noon (not in Constitution); MPs raise issues without prior notice
• Question Hour: First hour of each sitting; Starred (oral answer), Unstarred (written), Short Notice

Anti-Defection Law (10th Schedule)

• Added by 52nd Amendment 1985 (part of Constitution)
• A member is disqualified if: voluntarily gives up party membership; votes against party whip without permission
• Exception: Merger of two-thirds of original party into another → no disqualification
• Decision by Speaker (Lok Sabha) or Chairman (Rajya Sabha) — finality challenged in Supreme Court

President of India

President's Powers

Vice-President and Prime Minister

• Vice-President (Art 63–73): Ex-officio Chairman of Rajya Sabha; elected by both Houses; no votes of state assemblies; simple majority; 5 year term; acts as President when vacant
• Prime Minister: Real executive; head of Cabinet; coordinates ministries; advises President; commands confidence of Lok Sabha; Art 74 — CoM headed by PM aids and advises President
• Council of Ministers: Cabinet (senior, policy-making), Ministers of State, Deputy Ministers; Cabinet decisions binding on all

Governor

• Constitutional head of state (Art 153–162)
• Appointed by President; serves "during pleasure of President" (can be removed any time)
• Qualifications: Indian citizen; 35 years; not a resident of the state
• Term: 5 years (nominal); holds office at President's pleasure
• Discretionary powers: Appointment of CM when no clear majority; refuse assent to state bill; reserve bill for President's consideration (Art 200)

Supreme Court of India

Basic Structure Doctrine

• Kesavananda Bharati v. State of Kerala (1973) — 13-judge bench (7:6 majority)
• Parliament can amend the Constitution (Art 368) but CANNOT alter the basic structure
• Basic structure includes: Supremacy of Constitution, Republic & democratic form of government, Secular character, Separation of powers, Federal character, Unity and integrity, Judicial review, Rule of law, Free and fair elections, Independence of judiciary

Election Commission of India (ECI)

• Constitutional body — Art 324; established 26 January 1950
• Composition: Chief Election Commissioner + Election Commissioners (number fixed by Parliament)
• Currently 3 members (CEC + 2 ECs) after Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act 2023
• Tenure: 6 years or 65 years (whichever earlier); CEC can only be removed like SC judge (impeachment)
• Model Code of Conduct: Not a statutory document but enforced by ECI

Other Constitutional Bodies

Emergency Provisions