UPSC Prelims GS Revision Notes Indian Polity

KEY REVISION POINTS INDIAN POLITY

Original Constitution contains

  • 395 Articles
  • 22 Parts
  • 8 Schedules

At Present Constitution contains

  • 470 Articles
  • 25 Parts
  • 12 Schedules

25 Parts

  • Part I – The Union and its Territory
  • Part II – Citizenship
  • Part III – Fundamental Rights
  • Part IV – Directive Principles of State Policy
  • Part IVA – Fundamental Duties
  • Part V – The Union
  • Part VI  – The States
  • Part VII- [Omitted]
  • Part VIII – The Union Territories
  • Part IX – The Panchayats
  • Part IXA – The Municipalities
  • Part IXB – The Co-Operative Societies
  • Part X – The Scheduled and Tribal Areas
  • Part XI – Relations Between The Union And The States
  • Part XII – Finance, Property, Contracts And Suits
  • Part XIII – Trade, Commerce And Intercourse within the Territory of India
  • Part XIV – Services Under the Union and the States
  • Part XIVA – Tribunals
  • Part XV – Elections
  • Part XVI – Special Provisions Relating To Certain Classes
  • Part XVII – Official Language
  • Part XVIII – Emergency Provisions
  • Part XIX – Miscellaneous
  • Part XX – Amendment of the Constitution
  • Part XXI – Temporary, Transitional and Special Provisions
  • Part XXII – Short Title, Commencement, Authoritative Text in Hindi and Repeals

12 Schedules

ScheduleProvision
First ScheduleIt contains the list of States and Union Territories.
Second ScheduleIt contains the provisions related to:
1. The President
2. The Governors of States
3. Speaker and Deputy Speaker of Lok Sabha
4. Chairman and Deputy Chairman of Rajya Sabha
5. Speaker and  Deputy Speaker of State Legislative Assembly
6. Chairman and Deputy Chairman of State Legislative Council
7. Judges of the Supreme Court
8. Judges of the High Courts
9. Comptroller and Auditor-General of India
Third ScheduleIt contains Forms of Oaths or Affirmations.
Fourth ScheduleIt contains Allocation of seats in the Rajya Sabha.
Fifth ScheduleIt contains Provisions related to Administration and Control of Scheduled Areas and Scheduled Tribes.
Sixth ScheduleIt contains Provisions related to Administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram.
Seventh ScheduleIt contains the Union list, State list and Concurrent list.
Eighth ScheduleIt contains the list of recognized languages.
Ninth ScheduleIt contains provisions related to validation of certain Acts and Regulations.
Tenth ScheduleIt contains provisions related to disqualification on ground of defection.
Eleventh ScheduleIt contains the powers, authority and responsibilities of Panchayats.
Twelfth ScheduleIt contains the powers, authority and responsibilities of Municipalities etc.

Preamble Text

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a [SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation];
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Remember the Preamble Key Words Order

  • SOVEREIGN
  • SOCIALIST
  • SECULAR
  • DEMOCRATIC
  • REPUBLIC
  • JUSTICE
  • LIBERTY
  • EQUALITY
  • FRATERNITY

Fundamental Rights (Part III)

  1. Right to Equality (Articles 14–18)
  2. Right to Freedom (Articles 19–22)
  3. Right against Exploitation (Articles 23–24)
  4. Right to Freedom of Religion (Articles 25–28)
  5. Cultural and Educational Rights (Articles 29–30)
  6. Right to Constitutional Remedies (Article 32)

Right to Property

  • Original constitution provided another fundamental right i.e, Right to Property (Article 31).
  • It was deleted by the 44th Amendment Act, 1978 and made it a legal right under Article 300-A in Part XII of the Constitution.

Remember

  • Articles 15, 16, 19, 29, and 30 are available only to citizens of India.
  • Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to both Indian citizens and foreigners.
  • Fundamental Rights has been taken from the Constitution of the USA.

Articles 12 to 35 deals with Fundamental Rights

  • Article 12: Definition of State.
  • Article 13: Laws inconsistent with or in derogation of the fundamental rights.
  • Article 14: Equality before law.
  • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
  • Article 16: Equality of opportunity in matters of public employment.
  • Article 17: Abolition of Untouchability.
  • Article 18: Abolition of titles.
  • Article 19: Protection of certain rights regarding freedom of speech, etc.
  • Article 20: Protection in respect of conviction for offences.
  • Article 21: Protection of life and personal liberty.
  • Article 21A: Right to education.
  • Article 22: Protection against arrest and detention in certain cases.
  • Article 23: Prohibition of traffic in human beings and forced labour.
  • Article 24: Prohibition of employment of children in factories, etc.
  • Article 25: Freedom of conscience and free profession, practice and propagation of religion
  • Article 26: Freedom to manage religious affairs.
  • Article 27: Freedom as to payment of taxes for promotion of any particular religion.
  • Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
  • Article 29: Protection of interests of minorities.
  • Article 30: Right of minorities to establish and administer educational institutions.
  • Article 31: Compulsory acquisition of property.
  • Article 32: Right to Constitutional Remedies.
  • Article 33: Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
  • Article 34: Restriction on rights conferred by the Part III while martial law is in force in any area.
  • Article 35: Legislation to give effect to the provisions of Part III.

Directive Principles of State Policy (DPSP)

  • DPSP taken from the Irish constitution.
  • DPSP enumerated in Part IV of the Indian Constitution.
  • Articles 36 to 51 in Part IV deals with DPSP.
  • Objective of DPSP: To create ‘Welfare State’.
  • In DPSP the main priority has been given to social and economic democracy, not political democracy.
  • Government has to follow DPSP while formulating laws and policies and in executing them.
  • DPSPs are not justiciable. It means they are not enforceable in a court of law.

Articles 36 to 51 deals with DPSP

  • Article 36: Definition of “State” in the part IV will be the same as that of Part III.
  • Article 37: Application of the principles contained in Part IV
  • Article 38: State to secure a social order for the promotion of welfare of the people
  • Article 39: Certain principles of policy to be followed by the State
  • Article 39A: Equal justice and free legal aid
  • Article 40: Organisation of village panchayats
  • Article 41: Right to work, to education and to public assistance in certain cases
  • Article 42: Provision for just and humane conditions of work and maternity relief
  • Article 43: Living wage, etc., for workers
  • Article 43A: Participation of workers in management of industries
  • Article 43B: Promotion of co-operative societies
  • Article 44: Uniform civil code for the citizens
  • Article 45: Provision for early childhood care and education to children below the age of six years
  • Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections
  • Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health
  • Article 48: Organisation of agriculture and animal husbandry
  • Article 48A: Protection and improvement of environment and safeguarding of forests and wild life
  • Article 49: Protection of monuments and places and objects of national importance
  • Article 50: Separation of judiciary from executive
  • Article 51: Promotion of international peace and security

DPSPs added by 42nd Amendment Act of 1976

  • Article 39(f): State should secure that children are given opportunities and facilities to develop in a healthy manner.
  • Article 39A: Equal justice and free legal aid
  • Article 43A: Participation of workers in management of industries
  • Article 48A: Protection and improvement of environment and safeguarding of forests and wild life

Remember

  • 44th Amendment Act of 1978 added the following to DPSP (Article 38): State shall strive to minimise the inequalities in income, status, facilities and opportunities.
  • 86th Amendment Act of 2002: It changed the text of Article 45: Early childhood care and education to children below the age of six years.
  • 97th Amendment Act of 2011 added the following DPSP: Article 43B: Promotion of co-operative societies.

Fundamental Duties (Part IVA)

  • Swaran Singh Committee recommended the inclusion of a separate chapter on Fundamental Duties in the Constitution.
  • 42nd Constitutional Amendment Act 1976 added Part IVA to the Constitution.
  • It contains only one article i.e, Article 51A which deals with Fundamental Duties.
  • At present, there are Eleven Fundamental Duties.
  • 42nd Amendment Act 1976 provided ten Fundamental Duties.
  • 86th Amendment Act, 2002 added 11th Fundamental Duty.
  • The concept of Fundamental Duties was taken from the USSR.
  • Fundamental Duties are not justiciable. It means they are not enforceable in a court of law.

Article 51A deals with Fundamental Duties

Article 51A – It shall be the duty of every citizen of India –

  1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
  2. To cherish and follow the noble ideals which inspired our national struggle for freedom;
  3. To uphold and protect the sovereignty, unity and integrity of India;
  4. To defend the country and render national service when called upon to do so;
  5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
  6. To value and preserve the rich heritage of our composite culture;
  7. To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living creatures;
  8. To develop the scientific temper, humanism and the spirit of inquiry and reform;
  9. To safeguard public property and to abjure violence;
  10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;
  11. Who is a parent or guardian, to provide opportunities for education to his child, or as the case may be, ward between the age of six to fourteen years.

President of India

  • The President of India is the ceremonial head of state.
  • The executive power of the Union is vested in the President.
  • The President is the supreme commander of the Defence Forces.
  • The President serves a term of five years and can be re-elected.
  • No criminal proceedings can be instituted against the President in any court during his tenure.
  • The election of the President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.
  • President shall make an oath or affirmation before the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available.
  • President can be removed from office by impeachment, only for violation of the Constitution.
  • The constitution of India not defined the ‘violation of the constitution.’

Election of President

The President shall be elected by the members of an electoral college consisting of

  • elected members of both Houses of Parliament.
  • elected members of the Legislative Assemblies of the States.
  • elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.

The Vice-President

  • The Vice-President of India is the second-highest constitutional office in the country.
  • The Vice-President is the ex officio Chairman of Rajya Sabha.
  • The Vice-President holds office for a term of five years.
  • The Vice-President make an oath or affirmation before the President or some person appointed in that behalf by President.
  • The election of the Vice-President shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.
  • The Vice-President can resign anytime by addressing the resignation letter to the President.
  • The Vice-President can be removed from office by a resolution of Rajya Sabha, passed by a majority of its members at that time and agreed to by the Lok Sabha.

Election of Vice-President

The Vice-President shall be elected by the members of an electoral college consisting of both Houses of Parliament. Electoral college consists of –

  • Elected members of both Houses of Parliament
  • Nominated members of both Houses of Parliament

Prime Minister of India

  • The Prime Minister of India is the executive head of the State.
  • The Prime Minister is appointed by the President of India and is typically the leader of the political party or coalition that has the majority in the Lok Sabha.
  • The Prime Minister can be a member of either the Rajya Sabha or the Lok Sabha.
  • The Prime Minister chairs Cabinet meetings and guides government policies and programs.
  • The Prime Minister’s term of office is not fixed.
  • The Council of Ministers are appointed by the president on the advice of the prime minister.

Council of Ministers

  • Article 74: Council of Ministers to aid and advise President.
  • There is a Council of Ministers with the Prime Minister at the head to aid and advise the President.
  • The President shall exercise his functions and act in accordance with council’s advice.
  • The President may require the Council of Ministers to reconsider such advice but the President shall act in accordance with the advice tendered after such reconsideration.
  • The Council of Ministers are collectively responsible to the Lok Sabha.
  • The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed 15% of the total number of members of the Loksabha.

Attorney-General for India (Article 76)

  • President appoints Attorney General for India.
  • Attorney General must be a person qualified to be appointed as a Judge of the Supreme Court.
  • Attorney General have right of audience in all courts in the territory of India.
  • Attorney General holds office during the pleasure of the President.

Parliament

  • Articles 79 to 122 of Part V deals with the Parliament.
  • Parliament consists of President, Lok Sabha and Rajya Sabha.
  • Lok Sabha consists of maximum 552 members (fixed).
  • Rajya Sabha consists of maximum 250 members (fixed).
  • At present, Lok Sabha total strength is 545 members.
  • At present, Rajya Sabha total strength is 245 members.
  • In Rajya Sabha, President appoints 12 persons having special knowledge or practical experience in Literature, Science, Art and Social service.
  • Fourth Schedule to the Constitution provides for allocation of seats to the States and Union Territories in Rajya Sabha. The allocation of seats is made on the basis of the population of each State.
  • Rajya Sabha is a permanent body and is not subject to dissolution.
  • But one-third of the members shall retire on the expiration of every second year.
  • Every member of Rajya Sabha has a tenure of 6 years.
  • The tenure of Lok Sabha is 5 years from the date of its first meeting.
  • The Constitution of India provided that a gap of no more than six months between sessions of parliament.
  • By convention (i.e. not provided by the Constitution), Parliament meets for three sessions in a year. They are Budget session: February to May; Monsoon session: July to September; Winter session: November to mid-December.
  • Every Minister has the right to speak in and take part in the proceedings of either House but he is entitled to vote only in the House of which he is a member.

Chairman and Deputy Chairman of Rajya Sabha

  • The Vice-President of India is ex-officio Chairman of Rajya Sabha.
  • Rajya Sabha chooses the Deputy Chairman from amongst its members.
  • There is also a Panel of Vice-Chairmen in Rajya Sabha, who are nominated by the Chairman from the amongst the members of Rajya Sabha.
  • If a resolution for the removal of the Vice-President from his office is under consideration then he cannot preside over a sitting of the house.
  • However, he has the right to speak in and take part in the proceedings of the house. But he is not entitled to vote.

Speaker and Deputy Speaker of Lok Sabha

  • Lok Sabha chooses Speaker and Deputy Speaker from the members of the House.
  • If a resolution for the removal of the Speaker from his office is under consideration, then he cannot preside over a sitting of the house.
  • Speaker shall have the right to speak in and take part in the proceedings of the House while any resolution for his removal from office is under consideration.
  • However he is entitled to vote only in the first instance during such proceedings but not in the case of an equality of votes.
  • Deputy Speaker is elected by the Lok Sabha from amongst its members.
  • Deputy Speaker performs the duties of the Speaker’s office when it is vacant.