Indian Polity & Constitution

• Indian polity refers to India's system of government and politics.
• It operates based on the Constitution of India, adopted in 1950.
• India is a parliamentary, socialist, secular, and democratic republic.
• A dual polity exists, featuring a central government and state governments.

Constitution of India

• The Constitution is India's supreme law.
• It establishes fundamental political principles and the structure, procedures, powers, and duties of government institutions.
• It sets out fundamental rights, directive principles, and the duties of citizens.
• It is the longest written constitution of any sovereign country.
• The Constitution is considered a living document due to its amendable nature.

Salient Features of the Constitution

• Written and Enacted Constitution: Not evolved through conventions like the UK constitution.
• Lengthiest Constitution: Includes exhaustive details.
• Parliamentary Form of Government: Based on the British Westminster model.
• Federal System with Unitary Bias: Powers are divided between the center and states, but the center is stronger.
• Fundamental Rights: Guaranteed to all citizens against the state.
• Directive Principles of State Policy: Guidelines for the state in framing laws and policies.
• Fundamental Duties: Enumerate citizens' moral obligations.
• Secular State: The state doesn't promote any particular religion.
• Independent Judiciary: Free from executive and legislative control.
• Universal Adult Franchise: Every citizen above 18 has the right to vote.
• Single Citizenship: All citizens have the same rights and freedoms.
• Emergency Provisions: Allows central government control in certain situations.
• Three-Tier Government: Includes local governments (Panchayats and Municipalities).

The Union Executive

• The President is the head of state and first citizen.
• The President is elected indirectly by an electoral college.
• The President holds nominal executive power.
• Real executive power is vested in the Council of Ministers, headed by the Prime Minister.

The Vice-President

• Second highest office in India.
• The Vice-President is the ex-officio Chairman of the Rajya Sabha (Upper House).
• Members of both Houses of Parliament indirectly elect the Vice-President.

The Prime Minister

• The head of government and leader of the majority party in the Lok Sabha (Lower House).
• The President appoints the Prime Minister.
• The Prime Minister advises the President in the exercise of their functions.

Council of Ministers

• The Council of Ministers advises the President.
• It is composed of cabinet ministers, ministers of state, and deputy ministers.
• The Council of Ministers is collectively responsible to the Lok Sabha.

Parliament

• Consists of the President, the Lok Sabha (House of the People), and the Rajya Sabha (Council of States).

Lok Sabha

• The Lower House of Parliament.
• Members are directly elected by the people.
• The Constitution prescribes its maximum strength.
• Has a term of five years.

Rajya Sabha

• The Upper House of Parliament.
• Represents the states and union territories.
• Members are indirectly elected.
• A permanent body, with one-third of its members retiring every two years.

Parliamentary Committees

• Appointed/elected by the House or nominated by the Speaker/Chairman.
• They assist Parliament in its legislative and oversight functions.
• Divided into Standing Committees (permanent) and Ad Hoc Committees (temporary).

The Judiciary

• India has an independent and integrated judicial system.
• The Supreme Court is the highest court of appeal.
• High Courts exist at the state level.
• Subordinate courts function at the district and local levels.

Supreme Court

• The highest judicial body in India.
• Has original, appellate, and advisory jurisdiction.
• It interprets the Constitution and settles disputes between the Union and states, or among the states.

High Courts

• Principal civil courts of original jurisdiction in states and union territories.
• Hear appeals from lower courts.
• Exercise writ jurisdiction.

State Government

• Each state has a Governor, who is the nominal head.
• Real executive power is vested in the Chief Minister and Council of Ministers.
• The state legislature consists of the Governor and the Legislative Assembly (and Legislative Council in some states).

Governor

• The President appoints the Governor.
• Acts as the President's representative in the state.
• Has executive, legislative, and discretionary powers.

Chief Minister

• The head of the state government.
• The Governor appoints the Chief Minister.
• Leads the Council of Ministers.

State Legislature

• Consists of the Governor and the Legislative Assembly (Vidhan Sabha).
• Some states also have a Legislative Council (Vidhan Parishad).
• Makes laws on subjects listed in the State List and Concurrent List.

Local Government

• India has a three-tier system of government, including local governments.
• Rural local bodies are known as Panchayats.
• Urban local bodies are known as Municipalities.
• Empowered by the 73rd and 74th Constitutional Amendment Acts.

Panchayati Raj

• A system of rural local self-government.
• Established by the 73rd Constitutional Amendment Act, 1992.
• Aims to promote economic development, social justice, and local participation.

Municipalities

• Urban local self-government.
• Established by the 74th Constitutional Amendment Act, 1992.
• Deals with urban planning, public health, sanitation, and other civic services.

Union Territories

• Administered by the Union Government through an administrator appointed by the President.
• Some UTs have their own Legislative Assemblies and Councils of Ministers.

Elections

• Elections are conducted by the Election Commission of India.
• India follows a "first past the post" electoral system in direct elections.
• Elections are held regularly and are based on universal adult suffrage.

Election Commission of India

• An autonomous constitutional authority responsible for administering election processes in India.
• Ensures free and fair elections.

Political Parties

• India has a multi-party system.
• Political parties play a crucial role in the electoral process and in forming governments.
• Recognized as national or state parties based on specific criteria.

Constitutional Amendments

• The Parliament can amend the Constitution through a prescribed procedure.
• Amendments require a special majority in both Houses.
• Some amendments also require ratification by state legislatures.

Important Constitutional Amendments

• 42nd Amendment Act: Often referred to as the "Mini-Constitution" due to the large number of changes it brought.
• 44th Amendment Act: Reversed many changes made by the 42nd Amendment.
• 73rd and 74th Amendment Acts: Introduced Panchayati Raj and Municipalities.
• 86th Amendment Act: Made elementary education a fundamental right.
• 101st Amendment Act: Introduced the Goods and Services Tax (GST).

Emergency Provisions

• The Constitution provides for three types of emergencies: national emergency, state emergency (President's Rule), and financial emergency.
• During an emergency, the central government gains more power.

Fundamental Rights

• Guaranteed to all citizens of India.
• Includes the right to equality, freedom, against exploitation, freedom of religion, cultural and educational rights, and the right to constitutional remedies.
• Can be suspended during a national emergency (except Articles 20 and 21).

Directive Principles of State Policy (DPSP)

• Guidelines to the state for framing laws and policies.
• Not enforceable by any court.
• Aim to create a welfare state.

Fundamental Duties

• Enumerate the moral obligations of citizens.
• Added to the Constitution by the 42nd Amendment Act.
• Not enforceable by law.

Important Constitutional Bodies

• Comptroller and Auditor General of India (CAG): Audits the accounts of the Union and state governments.
• Attorney General of India: The chief legal advisor to the Government of India.
• Advocate General of the State: The chief legal advisor to the state government.
• Union Public Service Commission (UPSC): Conducts examinations for appointments to the civil services of the Union.
• State Public Service Commissions (SPSC): Conduct examinations for appointments to the civil services of the states.

Landmark Judgments

• Kesavananda Bharati v. State of Kerala: Established the basic structure doctrine of the Constitution.
• Maneka Gandhi v. Union of India: Broadened the scope of Article 21 (right to life and personal liberty).
• Indira Sawhney v. Union of India: Upheld the implementation of reservations for Other Backward Classes (OBCs).