Indian Polity: Fundamental Rights

• Indian Polity encompasses the system of governance and political processes in India, as defined by the Constitution of India.
• The Constitution of India is the supreme law of India, laying down the framework defining fundamental political principles, establishing the structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens.
• It was adopted by the Constituent Assembly on 26 November 1949 and came into effect on 26 January 1950.

Fundamental Rights

• Fundamental Rights are enshrined in Part III of the Constitution of India.
• They guarantee civil liberties such as freedom of speech, freedom of assembly, and freedom of religion.
• These rights are enforceable in a court of law.
• They are considered essential for the all-round development (material, intellectual, and moral) of individuals.
• Originally, there were seven fundamental rights, but the right to property was removed from the list by the 44th Amendment in 1978.
• Currently, there are six fundamental rights:
  • Right to Equality: Guarantees equality before the law and prohibits discrimination.
  • Right to Freedom: Includes freedom of speech and expression, assembly, association, movement, and residence.
  • Right against Exploitation: Prohibits forced labor and child labor.
  • Right to Freedom of Religion: Guarantees religious freedom to all citizens.
  • Cultural and Educational Rights: Protects the rights of minorities to conserve their culture and establish educational institutions.
  • Right to Constitutional Remedies: Empowers citizens to move the Supreme Court or High Courts for the enforcement of their fundamental rights.

Parliamentary System

• India has adopted a parliamentary form of government, inspired by the British Westminster model.
• The President of India is the constitutional head of state, while the Prime Minister is the head of government and exercises real executive power.
• The Parliament of India consists of two houses:
  • Rajya Sabha (Council of States): The Upper House, representing the states and union territories.
  • Lok Sabha (House of the People): The Lower House, directly elected by the people.
• The Prime Minister and the Council of Ministers are responsible to the Lok Sabha.
• The President can dissolve the Lok Sabha if the government loses the confidence of the house.
• Laws are enacted through a legislative process involving both houses of Parliament and the assent of the President.

State Governance

• India is a federal republic with a division of powers between the central government and the state governments.
• Each state has a Governor, who is the constitutional head of the state, appointed by the President.
• The state legislature consists of the Legislative Assembly (Vidhan Sabha) and, in some states, a Legislative Council (Vidhan Parishad).
• The Chief Minister is the head of the state government and is responsible to the Legislative Assembly.
• The state governments have powers to legislate on subjects enumerated in the State List and Concurrent List of the Constitution.

Judiciary Structure

• The judiciary in India is an independent body.
• It is headed by the Supreme Court of India.
• The Supreme Court is the highest court of appeal and has the power of judicial review.
• Below the Supreme Court are the High Courts, which are the highest courts at the state level.
• District Courts operate at the district level, handling civil and criminal cases.
• The judiciary is responsible for interpreting the Constitution and laws.
• It also resolves disputes between citizens, between citizens and the government, and between state governments and the central government.
• The Supreme Court and High Courts can issue writs (such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari) to enforce Fundamental Rights.