Indian Polity: Fundamental Rights

• Indian polity encompasses the system of governance in India, including the Constitution, political institutions, and processes.
• The Constitution of India is the supreme law of India, laying down the framework for the country's political code, structure, procedures, powers, and duties of government institutions and fundamental rights 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 (Articles 12 to 35).
• These rights are justiciable, meaning they are enforceable by the courts.
• They are not absolute and are subject to reasonable restrictions.
• Originally, there were seven fundamental rights, but the right to property was removed from the list by the 44th Amendment in 1978, and is now a constitutional right under Article 300A.
• The six Fundamental Rights are:
  • Right to Equality (Articles 14-18)
  • Right to Freedom (Articles 19-22)
  • Right against Exploitation (Articles 23-24)
  • Right to Freedom of Religion (Articles 25-28)
  • Cultural and Educational Rights (Articles 29-30)
  • Right to Constitutional Remedies (Article 32)
• Article 14 ensures equality before the law and equal protection of the laws within the territory of India.
• Article 19 guarantees six freedoms: freedom of speech and expression, to assemble peaceably and without arms, to form associations or unions, to move freely throughout the territory of India, to reside and settle in any part of the territory of India, and to practice any profession, or to carry on any occupation, trade, or business.
• Article 21 provides for the protection of life and personal liberty. No person shall be deprived of his life or personal liberty except according to procedure established by law.
• Article 32 allows individuals to move the Supreme Court for the enforcement of their fundamental rights.

Election System

• The Election Commission of India (ECI) is a constitutional body responsible for administering elections in India.
• It conducts elections to the Parliament, State Legislatures, the office of the President, and the office of the Vice-President.
• Elections in India are conducted based on the principle of universal adult suffrage, meaning every citizen who is 18 years or older has the right to vote, irrespective of their caste, religion, or gender.
• India follows a first-past-the-post (FPTP) electoral system in which the candidate who receives the most votes wins the election.
• The Constitution provides for a secret ballot, ensuring that voters can cast their votes without fear of intimidation or coercion.
• The ECI is responsible for preparing electoral rolls, delimitation of constituencies, and setting up polling booths.
• Model Code of Conduct is a set of guidelines issued by the ECI to regulate the conduct of political parties and candidates during elections.

Federal Structure

• India is a federal republic with a parliamentary system of government.
• The Constitution divides powers between the Union Government and the State Governments.
• There is a written Constitution, which is the supreme law of the land.
• The judiciary is independent and has the power to interpret the Constitution and resolve disputes between the Union and the States.
• The Seventh Schedule of the Constitution contains three lists: the Union List, the State List, and the Concurrent List.
  • The Union List contains subjects on which the Union Government can make laws.
  • The State List contains subjects on which the State Governments can make laws.
  • The Concurrent List contains subjects on which both the Union and State Governments can make laws.
• In case of a conflict between a Union law and a State law on a subject in the Concurrent List, the Union law prevails.
• Article 1 defines India as a Union of States.

President

• The President of India is the head of state.
• The President is elected by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States.
• The President holds office for a term of five years and is eligible for re-election.
• The President can be removed from office by impeachment for violation of the Constitution.
• The President has executive, legislative, and judicial powers.
• All executive actions of the Union are taken in the name of the President.
• The President summons, prorogues, and dissolves the Parliament.
• The President can promulgate ordinances when Parliament is not in session.
• The President appoints the Prime Minister and other ministers.
• The President is the Supreme Commander of the Defence Forces.
• The President can grant pardons, reprieves, respites, or remissions of punishment or suspend, remit, or commute the sentence of any person convicted of any offence.

Articles

• Article 1: Name and territory of the Union
• Article 14: Equality before law
• Article 19: Protection of certain rights regarding freedom of speech, etc
• Article 21: Protection of life and personal liberty
• Article 32: Remedies for enforcement of rights conferred by this Part
• Article 23 and 24: Right against Exploitation
• Article 25-28: Right to Freedom of Religion
• Article 29-30: Cultural and Educational Rights
• Article 300A: Right to property