Prelims 2025 Indian Polity in English PDF

https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ INDIAN POLITY QUICK AND COMPREHENSIVE REVISION SERIES FOR PRELIMS 2025 https://upscpdf.com/...

https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ INDIAN POLITY QUICK AND COMPREHENSIVE REVISION SERIES FOR PRELIMS 2025 https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ EDITION: Second Published By: Physicswallah Private Limited Physics Wallah Publication ISBN: 978-93-6897-996-8 Mobile App: Physics Wallah (Available on Play Store) Website: https://www.pw.live;https://pwonlyias.com/ Email: [email protected] SKU Code: baafd2a0-986a-44cf-8430-62f00243f004 Rights All rights are reserved with the Publisher Disclaimer A team of PW OnlyIAS experts and faculties with a deep understanding of the subject has worked hard for the creation and curation of this book. While the content creators, editors and publisher have used their best efforts in preparing these books. The content has been checked for accuracy. As the book is intended for educational purposes, the author shall not be responsible for any errors contained in the book. The publication has designed the content to provide accurate and authoritative information with regard to the subject matter covered. (This Book shall only be used for educational purposes.) https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ PREFACE A highly skilled professional team of PW ONLY IAS works arduously to ensure that the students receive the best content for the UPSC exam. A plethora of UPSC study materials are available in the market, but PW ONLY IAS professionals continuously work to provide supreme-quality study material for our UPSC students. From the beginning, the whole content team comprising Content Creators, Reviewers, DTP operators, Proofreaders and others are involved in shaping the material to their best knowledge and experience to produce powerful content for the students. 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BOOK FEATURES z Holistic coverage of topics, strictly as per exam syllabus. z One-stop solution for prelims based, subject-wise coverage. z Diagrams and timelines for quick understanding and revision. z Quick revision module for the UPSC prelims examination. z Every topic is structured in headings and bullets for easy understanding of the students. https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ CONTENTS 1. HISTORICAL BACKGROUND 1 z Federal and Unitary Features of.................................. 23 the Indian Constitution z Evolution of the Indian Constitution..............................1 z Comparison of Indian Constitution.............................. 23 z Company Rule (1773-1858)............................................1 with the World z Crown Rule (1858-1947)................................................3 5. PREAMBLE OF 25 2. MAKING OF THE INDIAN 6 THE CONSTITUTION CONSTITUTION z Text of the Preamble.................................................... 25 z Basic Concepts Related to Constitution.........................6 z Components of Preamble............................................. 25 z Demand for a Constituent Assembly.............................7 z Significance of the Preamble....................................... 25 z Important Dates of Constituent Assembly......................7 z Keywords in Preamble - Meaning............................... 25 z Objective Resolution.......................................................7 and Features z All about Constituent Assembly.....................................8 z Supreme Court Cases Related to the Preamble........... 28 z Various Committees of the Constituent Assembly.........9 6. STATES AND UNION TERRITORIES 29 z Enactment and Enforcement of the Constitution........ 10 (PART-I: ARTICLE 1-4) z Sources of Indian Constitution.................................... 10 z Important Concepts Regarding States and UTs........... 29 3. SALIENT FEATURES OF 11 z Exchange of Territories................................................ 29 THE INDIAN CONSTITUTION z Change of Names of States and Union Territories..... 30 z Features of the Indian Constitution............................. 11 z Various Commissions in the........................................ 30 reorganisation of States and UTs z Order of Precedence: Republic of India...................... 14 z Comparison between States and Union....................... 30 z Amendment of the Constitution Territories (Part XX: Article 368).................................................. 14 z Administration of Union Territories............................ 31 z Evolution of Basic Structure Doctrine........................ 18 (Article 239-241 in Part VIII) z Elements of Basic Structure......................................... 19 z Difference between Powers of UTs............................. 31 with Legislative Assemblies 4. SYSTEM OF GOVERNMENT 20 z Types of Government................................................... 20 7. CITIZENSHIP 32 z Forms of Government................................................. 20 (PART II: ARTICLE 5-11) z System of Government in India................................... 21 z Constitutional Provisions Related z Features of Parliamentary System in India................. 22 to Citizenship................................................................ 32 z Distinction Between Indian and British...................... 22 z Single Citizenship in India........................................... 32 Models z Comparison Between Citizens and Aliens.................. 33 z Indian Constitution and Federal System...................... 22 z The Citizenship Act, 1955........................................... 33 z Political Scientists and their......................................... 22 z Acquisition of Citizenship........................................... 33 Descriptions of Indian Federation z Loss of Citizenship....................................................... 33 https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ z Citizenship Amendment Act, 2019.............................. 34 z Financial Relations....................................................... 52 z Comparison between NRI, PIO,.................................. 34 (Part XII: Article 264-293) and OCI Cardholder z Distribution of Tax Revenues...................................... 53 z Cancellation of OCI Registration................................ 34 z Committees on Centre-State Relations........................ 53 z Judicial Doctrines on Centre-State Relations.............. 54 8. FUNDAMENTAL RIGHTS 35 z Inter-State Relations..................................................... 54 (PART III: ARTICLE 12-35) z Public Acts, Records and Judicial............................... 54 z Features of the Fundamental Rights............................ 35 Proceedings (Article 261) z Right to Equality: Article 14-18.................................. 36 z Inter-State Water Disputes (Article 262)..................... 54 z Right to Freedom: Article 19-22.................................. 38 z Inter-State Council (Article 263)................................. 55 z Right against Exploitation:........................................... 41 z Inter-State Trade and Commerce................................. 55 Article 23-24 z Zonal Councils............................................................. 55 z Right to Freedom of Religion:..................................... 42 z North-Eastern Council.................................................. 55 Article 25-28 z Cultural and Educational Rights:................................. 42 z Asymmetric Federalism and its Features....................... 56 Article 29-30 in Indian Constitution z Right to Constitutional Remedies:............................... 43 z Inter-State Border Disputes.......................................... 56 Article 32 z Major River Disputes................................................... 56 z Writs: Types and Scope................................................ 43 z Armed Forces and Fundamental Rights:..................... 44 12. EMERGENCY PROVISIONS 57 Article 33-35 (PART XVIII ARTICLES 352-360) z Exceptions to Fundamental Rights.............................. 45 z National Emergency (Article 352)............................... 57 9. DIRECTIVE PRINCIPLES OF STATE 46 z Effect of Imposition of National Emergency.............. 58 POLICY (PART IV ARTICLE 36-51) z President’s Rule (Article 356)...................................... 58 z Financial Emergency (Article 360).............................. 59 z Features of Directive Principles................................... 46 z Effects of Financial Emergency (Article 360)............ 60 of State Policy z Classification of Directive Principles.......................... 46 z Quick Comparison between the Three........................ 60 of State Policy Emergencies z New Directive Principles............................................. 47 13. VICE PRESIDENT, PRESIDENT 61 z Directives outside Part IV............................................ 47 z Difference between Fundamental Rights, Fundamental AND GOVERNOR Duties and DPSPs........................................................ 48 z Vice-President............................................................... 61 z Conflict between Fundamental Rights and DPSP....... 48 z Difference Between President and Governor.............. 62 10. FUNDAMENTAL DUTIES 49 z Elections....................................................................... 65 (PART-IV-A: ARTICLE 51A) z Vote Value in President Elections................................ 66 z Features of Fundamental Duties.................................. 49 14. THE EXECUTIVE IN INDIA 67 z List of Fundamental Duties.......................................... 49 z The Prime Minister and Chief Minister...................... 67 11. FEDERAL DYNAMICS IN INDIA 50 z Constitutional Provisions of PM and CM:.................. 67 z The Prime Minister’s Office (PMO)........................... 68 z Centre-State Relations.................................................. 50 z Prime Minister’s Funds................................................ 69 z Legislative Relations.................................................... 50 (Part XI: Article 245-255) z Union and State Council of Minister.......................... 69 z Administrative Relations.............................................. 51 z Collective vs. Individual Responsibility...................... 70 (Part XI : Article 256-263) z Cabinet and Kitchen Cabinet....................................... 70 https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ z Commercial Courts.....................................................101 15. PARLIAMENT 71 z Tribunals in India.......................................................101 (PART V: ARTICLES 79-122) z Judicial Review, Judicial z Important Provisions.................................................... 71 Activism and Judicial Overreach...............................102 z Lok Sabha vs. Rajya Sabha......................................... 71 z Public Interest Litigation (PIL)..................................103 z Presiding Officers of the Parliament........................... 73 z Deputy Speaker of Lok Sabha and Deputy Chairman of 18. PANCHAYATS, MUNICIPALITIES 105 Rajya Sabha.................................................................. 74 AND COOPERATIVE SOCIETIES z Secretariat of Parliament.............................................. 75 z Rural Local Governance: Panchayats........................105 z Leaders in Parliament................................................... 75 z Panchayati Raj Evolution in India.............................105 z Important Concepts related to Parliament................... 76 z Important Committees and their................................105 z Devices of Parliamentary Proceedings........................ 76 Recommendations z Legislative Procedure in Parliament............................ 78 z Panchayat (73rd Constitutional..................................106 z Types of Bills............................................................... 78 Amendment Act, 1992) z Money Bills.................................................................. 79 z Urban Local Governance: Municipalities..................109 z Joint Sitting (Article 108)............................................ 80 z Municipality (74th Constitutional..............................109 z Budget (Article 112)..................................................... 80 Amendment Act, 1992) z Various Kinds of Grants............................................... 83 z Types of Urban Government in India........................110 z Position of Rajya Sabha with...................................... 83 z Co-operative Societies................................................111 Respect to Lok Sabha z Brief History of Cooperatives in India......................111 z Parliamentary Privileges............................................... 84 z 97th Constitutional Amendment Act of 2011............111 z Parliamentary and Aprlimentary Committees.............. 84 z Ministry of Cooperation (2021).................................112 z Cabinet Committees..................................................... 86 z 106th Constitutional Amendment Act, 2023............... 87 19. SPECIAL PROVISIONS IN 113 CONSTITUTION 16. STATE LEGISLATURES 88 (PART-VI: ARTICLES 168-212) z Scheduled and Tribal Areas.......................................113 z Types of Legislatures................................................... 88 z Administration of Scheduled Areas...........................113 (5th Schedule) z Legislative Assembly and Legislative Council........... 88 z Sessions of State Legislature....................................... 90 z Administration of Tribal Areas (6th Schedule).........114 z Legislative Procedure in State Legislature.................. 90 z Special Provisions for Some States...........................114 z Constitutional Provisions Under Article 371.............114 17. THE INDIAN JUDICIAL SYSTEM 93 z Special Category Status (SCS) in India....................115 z Historical Background of the Indian Judiciary........... 93 z Official Language in India.........................................115 z Structure of the Indian Judiciary................................. 93 z Evolution of Collegium System:.................................. 93 20. CONSTITUTIONAL BODIES 117 z Supreme Court and High Court................................... 94 z Types of Bodies/Authorities in India.........................117 z Additional Provisions Related to Supreme Court....... 97 z Salient Features of CAG, Election............................117 z Additional Provisions Related to High Courts............ 98 Commission (ECI), UPSC and SPSC z Subordinate Courts (Part VI: Article 233-237)........... 99 z Salient Features of Attorney and...............................118 z Alternate Dispute Resolution (ADR)........................... 99 Advocate Generals z National Legal Services Authority (NALSA)...........100 z Salient Features of NCSC, NCST and NCBC..........119 z Lok Adalat..................................................................100 z Salient Features of Finance Commission, GST........120 z Gram Nyayalayas.......................................................101 Council and Special Officer For Linguistic Minorities https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ 21. EXTRA-CONSTITUTIONAL BODIES 22. THE ELECTIONS IN INDIA 129 122 z Party System in India.................................................129 z Criteria for Recognition as a National Party.............129 z Lokpal.........................................................................122 z Criteria for Recognition as a State Party...................129 z Central Bureau of Investigation................................123 z Elections.....................................................................130 z National Investigation Agency (NIA)........................123 z Electoral Process in India..........................................131 z NITI Aayog.................................................................126 z Representation of the People Act, 1950....................131 z Law Commission of India..........................................127 z Representation of the People Act, 1951....................132 z Delimitation Commission...........................................132 z Home Guards in India................................................128 z Other Legislations Related to Elections....................133 z Border Wing Home Guards (BWHG).......................128 z Rules Related to Elections.........................................133 z Consumer Commission.............................................128 z Anti-Defection Law....................................................134 https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ 1 Historical Background the Constituent Assembly from 1946 to 1949, featuring EVOLUTION OF THE INDIAN CONSTITUTION extensive discussions. Its evolution can be understood in two The Indian Constitution has its origins in acts and policies of key periods: the East India Company and the British government. It came Company Rule (1773-1858): Established the governance into effect on January 26, 1950, marking India’s transition framework under the East India Company. from a dominion to a Sovereign, Democratic, Republic. Crown Rule (1858-1947): Marked direct British Dr. B.R. Ambedkar played a pivotal role as the Chairman control, leading to major administrative changes. of the Drafting Committee. The drafting process involved The Acts Enacted by the British are Explained Here in Chronological Order Regulating Act 1773 Act of settlement 1781 Government of Indian Independence Arrival of Pitt’s India Act 1784 India Act 1858 Indian Act 1947 Government of End of Crown Rule British as traders Charter act 1813,1833 and Beginning of Councils India act 1919 (1858-1947) (EIC), in India 1853 Crown Rule act 1892 1600 1773-1858 1858 1892 1919 1947 1765 1857 1861 1909 1935 Grant of Diwani Revolt of 1857 Indian Indian Government of Rights to EIC, by End of company Councils Councils India act 1935 Shah Alam II rule (1773-1858) Act 1861 Act 1909 British Oversight: Required the Court of Directors to COMPANY RULE (1773-1858) report on revenue, civil, and military matters. Regulating Act of 1773 Presidency Subordination: Bombay and Madras presidencies were made subordinate to Bengal’s Governor-General: Warren Hastings Governor-General. First British Regulation: Marked the beginning of British control over East India Company’s affairs in Amending Act of 1781 (Act of Settlement) India. Governor-General: Warren Hastings Central Administration: Laid the foundation for centralised governance. Governor-General and Council: Exempted from Supreme Court jurisdiction for official acts. Company’s Role: Officially recognized the Company’s political and administrative authority. Revenue Matters: Excluded revenue issues from Supreme Court’s jurisdiction. Governor-General Appointment: Appointed Lord Warren Hastings as Governor-General of Bengal with Personal Law: Court to apply Hindu/Mohammedan a 4-member Executive Council. law for respective defendants. Supreme Court Establishment: Set up the Supreme Appeals: Provincial Court appeals directed to Governor- Court in Calcutta (1774). General-in-Council. Prohibition of Private Trade: Banned private trade Regulations: Governor-General-in-Council empowered and bribes among Company servants. to frame regulations for Provincial Courts and Councils. https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ Pitt’s India Act, 1784 Mandated an annual investment of Rs. 1 Lakh in Indian education. Governor-General: Warren Hastings Regulated the Company’s territorial revenues and Function Distinction: Separated commercial and commercial profits, requiring separate accounts. political functions of the Company. Dual Government: The Act established: Charter Act of 1833  Board of Control: Managed political affairs and Governor-General of India: William Bentinck supervised civil and military operations or revenues. Marked the final step towards centralization in British  Court of Directors: Oversaw commercial affairs. India, giving it an All-India character. British Possessions: First referred to Company territories Legalised British colonisation; the East India Company as ‘British possessions in India’, granting the British became an administrative body, holding territories “in Government supreme control. trust for His Majesty , His heirs and successors’. Ended the Company’s monopoly on trade with China Act of 1786 and in tea. Governor-General: Lord Cornwallis The government of the Governor-General came to be known as the “Government of India,” and the council as Governor-General Appointment: Lord Cornwallis the “India Council.” appointed as Governor-General of Bengal and the Commander-in-Chief. Designated the Governor-General of Bengal as the “Governor-General of India,” granting full civil and Override Authority: Cornwallis was granted power to military powers; Lord William Bentinck was the first override council decisions in special cases. appointee. Charter Act of 1793 Transferred legislative powers from Bombay and Madras Governor-General: John Shore to the Governor-General of India, with laws termed “Acts.” Extended Power: Overriding powers granted to Lord Empowered the Governor-General to amend or repeal Cornwallis were extended to future Governors-Generals laws in British India. and Governors of Presidencies.. Proposed an open competition system for civil servant Increased Authority: Enhanced Governor-General’s selection, but faced opposition from the Court of control over Bombay and Madras Presidencies. Directors. Trade Monopoly: Extended the Company’s monopoly Established the Indian Law Commission (1834) for in India for an additional twenty years. legal codification, chaired by Lord Macaulay. Council Membership: Specified that the Commander- in-Chief would not be a council member unless appointed. Charter Act of 1853 Financial Provisions: Mandated payment for Board of Governor-General of India: Lord Dalhousie Control members and staff from Indian revenues. The last in a series of Charter Acts (1793-1853). Charter Act of 1813 Separated legislative and executive functions of the Governor-General’s council. Governor-General: Lord Minto I Introduced local representation in the Indian Legislative Ended the trade monopoly of the East India Company, Council with six new legislative councillors, totalling 12 allowing all British merchants to trade in India, except members. for trade with China and trade in tea. Reduced the Board of Directors from 24 to 18, with 6 Asserted British Crown sovereignty over Company nominated by the British Crown. territories in India. The legislative council functioned as a “Mini- Empowered local governments to impose taxes and Parliament”, mirroring British procedures. punish defaulters. Implemented an open competition system for civil Extended the Company’s rule for another 20 years. service recruitment, allowing Indian participation; the Enhanced the powers of the Board of Control. Macaulay Committee was appointed in 1854. Allowed Christian missionaries to promote moral and The fourth law member gained voting rights as a full religious improvements in India. member. 22 Indian Polity https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ Indirect Elections: Although elections were not CROWN RULE (1858-1947) explicitly mentioned, a limited indirect election process for nominated members was introduced. Government of India Act, 1858 (Act for Good Government of India) Indian Councils Act, 1909 Viceroy: Lord Canning (Morley Minto Reforms) Abolition of the East India Company: Powers Viceroy: Lord Minto II transferred to the British Crown. Legislative Council: Membership increased from 16 to Viceroy of India: The Governor General became the 60; official majority retained. Viceroy, with Lord Canning as the first appointee. Provincial Councils: Allowed non-official majority, End of Double Government: Abolished the Board of membership varied in provinces. Control and Court of Directors. Deliberative Powers: Members could ask supplementary New Office: Established the Secretary of State for India, questions and propose budget resolutions; separate a British Cabinet member accountable to Parliament. budget voting introduced; budget as a whole could still Created an advisory Council of 15-members to assist not be voted upon. the Secretary, chaired by him. Separate Electorate: Muslims could vote only for Corporate Body: Formed the Secretary of State-in- Muslim candidates, legalising communalism. Lord Council, capable of suing and being sued in India and Minto came to be known as “Father of Communal in England. Electorate”. Representation: First Indian, Satyendra Prasad Indian Councils Act, 1861 Sinha, appointed to the Viceroy’s Executive Council Viceroy: Lord Canning as law member; separate representation for Presidency The Viceroy could nominate Indians as non-official Corporations, Chamber of Commerce, Universities, members of his council; in 1862, Lord Canning and Zamindars. nominated three: the Raja of Benaras, Maharaja of Government of India Act of 1919 Patiala, and Sir Dinkar Rao. (Montagu-Chelmsford Reforms) Restored legislative powers of Bombay and Madras, initiating decentralisation and granting provinces near Viceroy: Lord Chelmsford autonomy by 1937. Objective: On August 20, 1917, the British Government Established New Legislative Councils for Bengal (1862), aimed to gradually introduce a Responsible Government Northwestern Province (1886), and Punjab (1897). in India. Classification of Subjects: Administration was divided Enabled the Viceroy to issue Ordinances (valid for 6 into central and provincial subjects under the Devolution months) for emergencies without council consent. Rules, enabling authority delegation from the centre to Introduced the Portfolio system, allowing council provinces. members to independently manage departments. Dyarchy: Introduced a dual governance scheme in Indian Councils Act, 1892 provincial subjects:  Reserved Subjects: Governed by the Governor Viceroy: Lord Lansdowne General and his Executive Council, not accountable Increased Non-Official Members: Non-official to the Legislative Council. [UPSC 2022] representation in Central and Provincial Legislative  Transferred Subjects: Managed with legislative Councils was raised while maintaining an official majority. council oversight. [UPSC 2022] Expanded Functions: Legislative Councils gained Legislative Structure: Replaced the Indian Legislative powers to discuss budgets and address questions to the Council with a Bicameral Legislature—Upper House Executive. (Council of State) and Lower House (Legislative Nomination Process: Non-official members were Assembly) with a majority elected directly. nominated: Indian Representation: Included three Indian members  Central Council: By the Viceroy upon in the Viceroy’s Executive Council (excluding the recommendations from the Provincial Legislative Commander- in - Chief). Council and Bengal Chamber of Commerce. Electoral Reforms: Extended separate electorates for  Provincial Council: By the Governor on advice Sikhs, Indian Christians, Anglo-Indians, and from District Boards, Municipalities, Universities, Europeans; franchise limited to property, tax, and Trade Associations, Zamindars, and Chambers. educational criteria. Historical Background 33 https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ Financial Autonomy: Separated the Provincial Budget Powers were divided into three lists: Federal (59 items), from the Central Budget, allowing provinces to enact Provincial (54 items), and Concurrent (36 items), with their own budgets. residual powers assigned to the Viceroy.[UPSC 2012] High Commissioner for India: Established in London, Introduced provincial autonomy, introduced dyarchy at transferring certain functions from the Secretary of State the centre; autonomous governments formed in 1937 but for India. were suspended in 1939. Civil Service Recruitment: It provided for establishment Established bicameralism in six provinces, Bengal, of a public service commission and thus a Central Public Bombay, Madras, Bihar, Assam and the United Provinces. Service Commission was created in 1926. Introduced separate electorate for depressed classes Chamber of Princes: It proposed establishment of a (Scheduled Castes), women, and labourers. Chamber of Princes(Narendra Mandal). which was formed Extended franchise to 14% of the population and created in 1921 with 120 members (princes and representatives), the Reserve Bank of India. promoting discussion on shared interests. Future Review: Mandated a statutory commission to Established Federal and Provincial Public Service assess its effectiveness after ten years. Commissions and a Federal Court in 1937. The Simon Commission (1927) Burma was separated from India, and two new provinces, Orissa and Sind, were created. Composition: A seven-member statutory commission led by Sir John Simon, appointed by the British Introduced safeguards for minority interests and Government, Composed entirely of British members. established a Federal Railway Authority. An Auditor- Key Proposals (Report submitted in 1930): General was appointed for financial oversight.  Abolishment of Dyarchy.  Expansion of Responsible Government in provinces. Indian Independence Act, 1947  Creation of a Federation of British India and Viceroy: Lord Mountbatten princely states. Partition Plan: Presented by Lord Mountbatten on June  Maintenance of Communal Electorate. 3, 1947; accepted by the Congress and Muslim League, Communal Award (1932) leading to India’s independence on August 15, 1947. Proposed by Prime Minister Ramsay MacDonald to Dominions Established: Created two independent ensure minority representation. Separate Electorates dominions—India and Pakistan—with the right to exit for Muslims, Sikhs, Indian Christians, Anglo- the British Commonwealth. Indians, Europeans, and extended to the depressed Governance Changes: classes (Scheduled Castes). Gandhi’s Opposition: Mahatma Gandhi opposed  Abolished the office of Viceroy; introduced a separate electorates for the depressed classes, leading Governor-General for each dominion. to a fast in Yerawada Jail.  Constituent Assemblies empowered to create Poona Pact: Agreement between Congress and Dr. constitutions and repeal British laws, including the B.R. Ambedkar. Preserved Hindu joint electorate & Independence Act. reserved seats for the depressed classes. Legislative Authority: Assemblies could legislate until Government Acceptance: The British Government new constitutions were enacted; British acts post-August accepted the Poona Pact, eliminating separate electorates for the depressed classes, with provisions incorporated 15 required dominion approval. into the Government of India Act, 1935 End of British Control: The Secretary of State for India’s role was abolished; British paramountcy over Government of India Act, 1935 princely states lapsed, granting them autonomy. Viceroy: Lord Willingdon Civil Services: Appointment and reservation by the The Government of India Act, 1935 marked a significant Secretary of State ceased, but pre-1947 appointees step towards a responsible government in India, comprising 321 sections and 10 schedules. retained benefits. Aimed to establish an All-India Federation with Leadership: Lord Mountbatten became the first provinces and princely states, but it failed due to non- Governor-General of India. The Constituent Assembly participation from the princely states. [UPSC 2024] formed in 1946 became the parliament of India. 44 Indian Polity https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ First Cabinet After Independence R.K. Shanmugham 6 Finance No Members Portfolios Chetty Prime Minister; External 7 Dr. B.R. Ambedkar Law Affairs and Commonwealth 8 Jagjivan Ram Labour 1 Jawaharlal Nehru Relations; Scientific Research 9 Sardar Baldev Singh Defence Sardar Vallabhbhai Home, Information and Rajkumari Amrit 2 10 Health Patel Broadcasting; States Kaur 11 C.H. Bhabha Commerce 3 Dr Rajendra Prasad Food and Agriculture 12 Rafi Ahmed Kidwai Communication Maulana Abul Kalam 4 Education Dr. Shyama Prasad Azad 13 Industries and Supplies Mukherjee 5 Dr. John Mathai Railways and Transport 14 V.N. Gadgil Works, Mines, and Power v v v Historical Background 55 https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ 2 Making of the Indian Constitution BASIC CONCEPTS RELATED TO Popular Rule of Law Sovereignty CONSTITUTION Democratic Governance (with Responsibility An Independent Law: Rules governing behaviour, either written or and Accountability) Judiciary Louis Henkin, unwritten; enacted by legislative bodies with legal force. Eight Principles of Constitutionalism Separation of Example: BNSS, Citizenship Amendment Act Police Governed Powers by Legal and (Incorporating Checks Ordinance: Temporary law issued by the President or Judicial Control and Balances) Governor when the legislature is not in session; requires Civilian Adherence legislative approval. Example: COVID-19 lockdown to Individual Oversight of Rights the Military ordinance.  Supremacy of Law: Law is the highest authority. Constitution  Equality Before the Law: All individuals are subject Central Laws to the same laws.  Accountability: Government actions must be legally State Laws justified. Ordinances  Legal Certainty: Laws must be clear, public, and stable. Bylaws  The Supreme Court of India recognizes the ‘Rule Rules and Regulation of Law’ as a ‘Basic Structure’ of the Constitution, making it impervious to amendments.[UPSC 2018] Hierarchy of Laws in India Constitutionalism: According to Friedrich, Bylaws: Regulations made by local authorities; “Constitutionalism ensures that the government operates subordinate to central/state laws. Example: Municipal within set rules, promoting fairness and accountability.” construction regulations The primary purpose of a constitution is to provide a framework for government, determining its nature and Constitution: Supreme law outlining government form. As the fundamental law of the state, it outlines structure and powers; foundation of the legal system. the responsibilities of the executive, legislature, and Example: Constitution of India judiciary. The legislature makes laws in accordance with Rules: Detailed instructions issued by the executive the limits and directions provided by the constitution. to implement laws; subordinate to laws and bylaws. [UPSC 2023] Example: Passport application rules Constitution vs. Constitutionalism: A country can have Regulations: Specific and technical guidelines issued by a Constitution but may lack true Constitutionalism. For regulatory bodies. Example: SEBI regulations for listed instance, a dictatorship might have a Constitution that companies. isn't followed. Rule of Law: As defined by British jurist A.V. Dicey, Types of Constitution: it asserts that law governs a nation, ensuring that no  Written Constitution: A formal document outlining individual or institution, including the government, is government structure and citizen rights. Example: above it. Key Elements include: U.S. Constitution. https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/  Unwritten Constitution: Composed of various sources like statutes and traditions, not in a single IMPORTANT DATES OF CONSTITUENT document. Example: United Kingdom Constitution. ASSEMBLY  Flexible Constitution: Can be easily amended like 9th December 1946: First sitting of the Constituent regular laws. Example: British Constitution. Assembly; Muslim League boycotted.  Rigid Constitution: Requires a complex process for 11th December 1946: amendments. Example: U.S. Constitution.  Dr. Rajendra Prasad elected as President.  Federal Constitution: Divides powers between central  Dr. Sachidanand Sinha (oldest member) became and regional governments. Examples: U.S., Germany. temporary chairman.  Unitary Constitution: Centralizes power in one  Vice-Presidents: H.C. Mukherjee and V.T. government. Example: United Kingdom. Krishnamachari.  Presidential Constitution: Separates executive and 13th December 1946: Objective Resolution introduced legislative branches; the President is both head of by Jawaharlal Nehru. state and government. Example: United States. 22nd January 1947: Objective Resolution was adopted.  Parliamentary Constitution: Executive comes from 22nd July 1947: The National Flag was adopted by the the legislature; the Prime Minister leads. Examples: Constituent Assembly. U.K., India. 15th August 1947: Transfer of power established the  Monarchical Constitution: Recognizes a monarch, dominions of India and Pakistan (14th August 1947). either with limited powers (constitutional) or May 1949: Constituent Assembly ratified India's significant powers (absolute). Examples: U.K., membership in the Commonwealth. Sweden. 26th November 1949: The Constitution was adopted/  Republican Constitution: Establishes a republic enacted. without a monarchy; the head of state is elected. 24th January 1950: Adoption of the National Song and Examples: U.S., France. National Anthem. Dr Rajendra Prasad was elected  Theocratic Constitution: Based on religious laws as the first President of India. The final session of the and principles. Example: Iran. Constituent Assembly was held. Continued as the  Secular Constitution: Separates religion from provisional Parliament of India until the formation of the new Parliament in May 1952. government laws. Example: Indian Constitution. 26th January 1950: The ConstitutiOn came into force, DEMAND FOR A CONSTITUENT ASSEMBLY marking the establishment of India as a Republic. 1934: M.N. Roy proposed the idea of a Constituent Assembly for India. OBJECTIVE RESOLUTION 1935: The Indian National Congress (INC) officially It contained the fundamentals and philosophy of the demanded a Constituent Assembly to draft the Indian Constitutional structure. Constitution. 04 Foundation for 1938: Jawaharlal Nehru, representing the INC, stated the constitution's that the constitution must be created by a Constituent 03 Protection for preamble 05 Assembly elected through an adult franchise. underprivileged Social justice, ethnic, and economic justice 1940: The British government accepted the demand in minority groups and political justice principle during the August Offer. 02 Objective 06 1942: The Cripps Proposal suggested drafting an Advancement of Resolution People will be independent Constitution post-World War II, but it Peace and source of power well-being was rejected by the Muslim League, which sought the division of India into two autonomous states. 01 India to be 07 1946: The Cabinet Mission Plan (CMP) proposed a Liberty of sovereign and single Constituent Assembly, gaining some acceptance independent thought and ideas from the Muslim League. Making of the Indian Constitution 77 https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/  Declaration: India as an Independent Sovereign Republic.  Union of Territories: Includes British India, Indian States, and territories willing to join.  Autonomy: Territories retain status as autonomous units with residual powers, except those assigned to the Union.  People’s Authority: All power derives from the people of India.  Justice and Equality: Guarantees social, economic, and political justice; equality of opportunity; freedom of thought, expression, and action.  Minority Safeguards: Provisions for minorities and backward classes.  Territorial Integrity: Sovereign rights on land, sea, and air maintained.  Global Contribution: Commitment to world peace and welfare. The Preamble of the Constitution of India is a modified version of the Objective Resolution. ALL ABOUT CONSTITUENT ASSEMBLY Heading Description Constituted November 1946: Formed under the Cabinet Mission Plan. Strength Total Members: 389 (296 from British India + 93 from Princely States). British India: 292 members from 11 governor’s provinces and 4 Chief Commissioner’s provinces. Composition Representatives from diverse sections of Indian society, including:  Hindus, Muslims, Sikhs, Parsis, Anglo-Indians, Indian Christians, SCs, STs.  Women from all these sections. Seat Allocation Seats are allocated in proportion to the population of each province and princely state. Seats for each British province were divided among three principal communities: Muslims, Sikhs, and General. Voting Method Proportional representation using a Single Transferable Vote for provincial representation. Representatives from princely states were nominated by their heads. Members Partly elected (in British Provinces) and partly nominated (by heads of Princely states). Members are indirectly elected by provincial assembly members. Notable Absence Mahatma Gandhi did not participate in the Constituent Assembly. 93 seats allotted to princely states remained unfilled as they opted out. Key Facts Total Sessions: 11 Duration: 2 years, 11 months, and 18 days Total Expenditure: 64 lakh Symbol: Elephant adopted as the seal of the Constituent Assembly. Changes Made by the Sovereign Body: The Assembly was declared fully sovereign, able to alter any Independence Act, 1947 law. Dual Functions:  Legislative Body: Chaired by G. V. Mavalankar.  Constituent Body: Chaired by Dr. Rajendra Prasad. First Parliament: Became the first Parliament of free India. Membership: Strength reduced to 299 after the Muslim League withdrawal, down from 389. 88 Indian Polity https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ Key Personnel Sir B. N. Rau: Constitutional Adviser. H.V.R. Iyengar: Secretary to the Constituent Assembly. S.N. Mukherjee: Chief draftsman of the Constitution. Prem Behari Raizada: Calligrapher of the Constitution. Nand Lal Bose & B.R. Sinha: Responsible for decorating the Constitution. Hindi Calligraphy: Vasant Krishan Vaidya and illuminated by Nand Lal Bose. Women Participation Initial Membership of Constituent Assembly: 15 women, later increased by 2 Women Signatories of the Indian Constitution: 11 women, namely, G. Durgabai, Ammu Swaminathan, Amrit Kaur, Dakshayani Velayudhan, Hansa Mehta, Renuka Ray, Sucheta Kripalani, Purnima Banerji, Begum Qudsiya Aizaz Rasul, Kamala Chaudhri and Annie Mascarene. VARIOUS COMMITTEES OF THE CONSTITUENT ASSEMBLY Major Committees Chairman Committees Jawaharlal Nehru Union Powers Committee, Union Constitution Committee, States Committee Expert Committee of the Congress (July 8, 1946): Chairman: Jawaharlal Nehru Purpose: To prepare material for the Constituent Assembly Members: M. Asaf Ali, K.M. Munshi, N. Gopalaswami Ayyangar, K.T. Shah, D.R. Gadgil, Humayun Kabir, K. Santhanam Dr Rajendra Prasad Rules of Procedure Committee, Steering Committee. Sardar Patel Provincial Constitution Committee, Advisory Committee on FRs and Minorities & Tribal & Excluded Areas (had 5 Sub-committees)  Fundamental Rights Sub-Committee - J.B. Kripalani  Minorities Sub-Committee - H.C. Mukherjee  North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas Sub-Committee-Gopinath Bardoloi  Excluded and Partially Excluded Areas (other than those in Assam) Sub-Committee - A.V. Thakkar  North-West Frontier Tribal Areas Sub-Committee Dr. B.R. Ambedkar Drafting Committee 7 Members: Dr. B.R. Ambedkar (Chairman), Members: N. Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, Dr. K.M. Munshi, Syed Mohammad Saadullah, N. Madhava Rau (Replaced B.L. Mitter who resigned due to ill health), T.T. Krishnamachari (Replaced D.P. Khaitan who died in 1948). Drafting Process First Draft: Published in February 1948 Public Feedback Period: Eight months Second Draft: Published in October 1948 Total Meetings: 141 days Completion Time: Less than six months Making of the Indian Constitution 99 https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ Minor Committees Dr. Rajendra Prasad: Finance and Staff Committee, National Flag Committee. Alladi Krishnaswami Ayyar: Credentials Committee. B. Pattabhi Sitaramayya: House Committee, Chief Commissioners’ Provinces Committee. Nalini Ranjan Sarkar (Non-member): Financial Provisions Committee. S.K. Dar (Non-member): Linguistic Provinces Commission. Jawaharlal Nehru: Draft Constitution Committee. Usha Nath Sen: Press Gallery Committee. S. Varadachari (Non-member): Citizenship Committee, Supreme Court Committee. Dr. K.M. Munshi: Order of Business Committee. G.V. Mavalankar: Functions of Constituent Assembly Committee. ENACTMENT AND ENFORCEMENT OF THE CONSTITUTION Enactment Enforcement It was adopted on 26 November 1949. Some provisions of the Constitution came into force on Nov 26, 1949 Out of a total 299 members of the itself, viz. Citizenship, Elections, provisional Parliament, temporary and Assembly, only 284 were actually transitional provisions, and short titles contained in Articles 5, 6, 7, 8, 9, present on that day and signed the 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393. Constitution. Major part came into force on Jan 26, 1950 (commencement At that time, it contained the Preamble, day - celebrated as Republic Day). 395 Articles, and 8 Schedules. Jan 26, 1930: Purna Swaraj Day was celebrated following the Lahore The Preamble was enacted after the Session (December 1929) of the Indian national congress. entire Constitution was already enacted The Indian Independence Act, 1947 & GoI Act, 1935 with all its to align with the philosophy of the enactments, were repealed. Constitution. The Abolition of Privy Council Jurisdiction Act (1949) continued. SOURCES OF INDIAN CONSTITUTION Sources Features Borrowed Govt. of India Act, 1935 Federal scheme, Governor’s office, Judiciary, Public Service Commission, Emergency Provisions and Administrative details. British Parliamentary govt., Rule of Law, Single Citizenship, Cabinet System, Parliamentary privileges, Bicameralism, and prerogative writs. US Fundamental Rights, Independent Judiciary, Impeachment of President, Judicial review, Removal of Supreme Court and High Court judges and post of Vice-president. Irish DPSP, Method of election of President and Nomination of Members to Rajya Sabha. Canadian Federation with a strong centre, vesting Residuary powers to the centre, Appointment of State Governors by the Centre and Advisory Jurisdiction of the Supreme Court. Australian Concurrent List, Joint sitting of both the Houses of Parliament. Germany Suspension of Fundamental Rights during Emergency. (Weimar Constitution) USSR Fundamental Duties and the ideal of Justice (Social, Economic and Political) in the Preamble. French Republic and the Ideals of Liberty, Equality and Fraternity in the Preamble. South African Procedure for Amendment of the Constitution and election of members of Rajya Sabha. Japanese The Procedure Established by Law. v v v 10 10 Indian Polity https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ 3 Salient Features of the Indian Constitution The term ‘Constitution’, refers to a set of principles outlining Integrated and Independent Judiciary: The Supreme the organisation and functioning of the government, as well Court at the apex, ensures fundamental rights and as the relationship between the government and the people constitutional guardianship. Single judicial system regarding their rights and duties. The Constitution is also enforcing both central and state laws. described as the ‘Fundamental law of the land’, ‘Supreme Fundamental Rights: Promotes political democracy law of the state’, ‘Basic law of the country’, ‘Instrument through six rights: of the government’, ‘Rules of the state’, ‘Basic structure  Right to Equality (Articles 14-18) of the polity,’ and ‘Ground norm of the country’.  Right to Freedom (Articles 19-22)  Right against Exploitation (Articles 23-24) FEATURES OF THE INDIAN CONSTITUTION  Right to Freedom of Religion (Articles 25-28) Lengthiest Written Constitution: Initially, the  Cultural and Educational Rights (Articles 29-30) Constitution (1949) had a Preamble, 395 Articles  Right to Constitutional Remedies (Article 32) (22 Parts), and 8 Schedules. Currently consists of Directive Principles of State Policy: Found in Part approximately 470 Articles and 12 Schedules. IV (Article 36-51); aimed at establishing a social and  Size attributed to: Diversity and vastness of economic democracy and welfare state. India, Historical factors and legal expertise in the  Non-justiciable, non-enforceable by courts. Constituent Assembly.  Classified into socialistic, Gandhian, and liberal- Sources of Provisions: Borrowed from various intellectual. international constitutions and the Government of India Act, 1935. Fundamental Duties: Added by the 42nd Amendment; specifies 11 duties in Article 51-A.  Structural part of the Constitution- Government of  Non-justiciable in nature. India Act, 1935.  Philosophical part of the Constitution (FR Secular State: Term ‘Secular’ was added to the and DPSPs) - American and Irish Constitution Preamble (42nd CAA, 1976). Promotes equal respect respectively. for all religions, as opposed to Western secularism’s complete separation.  Political part of the constitution - British  Articles promoting secularism: Preamble, Articles Constitution. 14, 15, 16, 25-30, 44. Federal System with Unitary Bias: Term Federation not used; Article 1 designates India as a Union of States. Universal Adult Franchise: Voting age lowered to 18 (61st CAA, 1989); basis for elections.  Federal Features: Two governments, Division of Powers, written constitution, bicameralism, and Single Citizenship: Citizens enjoy uniform political and constitution supremacy. civil rights throughout India, unlike the USA where state citizenship exists.  Unitary Features: Strong central authority, single citizenship, integrated judiciary, and emergency Independent Bodies: Essential democratic institutions: provisions. Election Commission, Comptroller and Auditor General, Union and State Public Service Commissions. Rigidity and Flexibility: Blends rigid (USA) and flexible (UK) characteristics in amendment processes. Emergency Provisions: Ensure national sovereignty and security through: Parliamentary Form of Government: Based on the  National Emergency (Article 352) British Westminster model; executives are accountable to Parliament.  State Emergency (Articles 356 and 365) Synthesis of Parliamentary Sovereignty and Judicial  Financial Emergency (Article 360) Supremacy: Parliamentary sovereignty from the UK; During emergencies, the federal structure shifts to a Judicial supremacy from the USA. unitary model. https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ Three-Tier Government: Art. 40: Promotes village panchayats.  73rd CAA (1992): Recognizes Panchayati Raj.  74th CAA (1992): Recognizes Municipalities. Cooperative Societies: 97th CAA (2011): Grants constitutional status and protection;  Recognizes the right to form cooperatives as a Fundamental Right (Article 19).  New DPSP: Promotion of cooperative societies (Art. 43B).  Part IX-B: Dedicated to cooperative societies (Articles 243-ZH to 243-ZT). Parts of the Indian Constitution Parts Subjects Articles I The Union and its Territories 1–4 II Citizenship 5 – 11 III Fundamental Rights 12 – 35 IV Directive Principles of State Policy 36 – 51 IV A Fundamental Duties 51A V The Union 52 – 151 VI The States 152 – 237 VII The States in Part B of the First Schedule (Repealed) 238 VIII The Union Territories 239 – 242 IX The Panchayats 243 – 243O IX A The Municipalities 243P – 243ZG IX B The Co-operative Societies 243ZH – 243ZT X The Scheduled and Tribal Areas 244 – 244A XI Relation between the Union and the States 245 – 263 XII Finance, Property, Contracts and Suits 264 – 300A XIII Trade, Commerce and Intercourse within the territory of India 301 – 307 XIV Services Under the Union and the States 308 – 323 XIV A Tribunals 323A – 323B XV Elections 324 – 329A XVI Special provisions relating to certain classes 330 – 342 XVII Official language 343 – 351 XVIII Emergency Provisions 352 – 360 XIX Miscellaneous 361 – 367 XX Amendment of the Constitution 368 XXI Temporary, Transitional and Special Provisions 369 – 392 XXII Short Title, Commencement, Authoritative Text in Hindi and Repeals 393 – 395 12 12 Indian Polity https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/ Schedules of the Indian Constitution Schedule Description Related Articles First Schedule Lists the States and Union Territories along with their territories. Currently Articles 1 and 4 includes 28 States and 8 Union Territories. Second Schedule Outlines provisions for emoluments, allowances, and privileges for the President Articles 75(4), of India, Governors of States, Speaker and Deputy Speaker of the Lok Sabha, 99, 124(6), Chairman and Deputy Chairman of the Rajya Sabha, Speaker and Deputy 148(2), 164(3), Speaker of the Legislative Assembly in states, Chairman and Deputy Chairman 188 and 219 of the Legislative Council in states, Judges of the Supreme Court, Judges of the High Courts, Comptroller and Auditor General of India. Third Schedule Provides forms of oaths or affirmations for: Articles 75(4), Union and State Ministers 99, 124(6), 8(2), Candidates for election to the Parliament and the State Legislature 164(3), 188, 219, 75, 84, 99, Members of Parliament and State Legislature 124, 146, 173, Judges of the Supreme Court and High Courts 188, 219 Comptroller and Auditor General of India. Note: An oath is a solemn promise made under the invocation of God, while an affirmation is a non-religious pledge made by individuals who choose not to invoke religious references, both serving as formal commitments to uphold constitutional duties. Fourth Schedule Details the number of seats allocated to each state and union territory in the Articles 4(1) and Council of States (Rajya Sabha). 80(2) Fifth Schedule Provides for the administration of Scheduled Areas in certain states. Articles 244 Sixth Schedule Focuses on administering Tribal Areas in the states of Assam, Meghalaya, Articles 244(2) Tripura, and Mizoram. and 275(1) Seventh Schedule Contains three lists for legislative authority: Article 246 Union List: National importance subjects for central law-making (e.g., defence, foreign affairs). State List: Local subjects for state law-making (e.g., police, public health). Concurrent List: Joint subjects for both (e.g., education). Notes: Parliament can legislate on residuary subjects; Union List prevails over State List and Concurrent List; Central law takes precedence in case of conflict unless state law is approved by the President. Eighth Schedule Lists recognized languages in India. Originally included 14, now contains Articles 344(1) 22 languages: and 351 Assamese, Bengali, Bodo, Dogri, Gujarati, Hindi, Kannada, Kashmiri, Konkani, Maithili, Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santhali, Sindhi, Tamil, Telugu, Urdu. Sindhi was added by the 21st CAA, 1967. Konkani, Manipuri and Nepali were added by the 71st CAA, 1992. Bodo, Dongri, Maithili and Santhali were added by the 92nd CAA, 2003. Oriya was renamed as ‘Odia’ by the 96th CAA, 2011.      [UPSC 2024] Ninth Schedule Acts and Regulations (originally 13 but presently 282 acts) of the State Article 31B legislatures dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters. This schedule was added by the 1st Amendment (1951) under J L Nehru as PM to protect the laws included in it from judicial review on the grounds of violation of Fundamental rights. However, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review(I R Coelho Case).             [UPSC 2018, 2019] Salient Features of the Indian Constitution 13 13 https://upscpdf.com/ https://upscpdf.com/ https://upscpdf.com/