Overview of Indian Polity and Constitution
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gckurnoolOverview of Indian Polity and Constitution
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gckurnoolIndian Polity
UNIT 1 Nature of Indian Constitution
Constitutional Development- Salient features
Preamble
Fundamental Rights
Directive Principles of State Policy their relationship
Fundamental Duties
Amendment of the Constitution - Basic structure
UNIT 2 Structure & Functions of Indian Government
Legislative, Executive & Judiciary
Typesof Judiciary- Unicameral & Bicameral
Executive - Parliamentary
Judiciary- Judicial Review- Judicial activism
UNIT 3 Distribution of Legislative and Executive powers between State and the Union
Legislative, Administrative and Financial relations between the Union and
States
Powers and Functions of Constitutional Bodies - Human Rights Commission-
RTI- Lok Pal & Lok Ayukta
UNIT 4 Center and State Relations
Need for Reforms- Rajmannar Committee- Sarkaria commission- MM Punchchi
Commission
Unitary and Federal Features of Indian Consititution
Indian Political Parties- Party system in India
Recognition of National and State parties
Elections & Electoral reforms- Anti Defection law
UNIT 5 Centralization Vs Decentalization
Community Development Programme
Balwant Rai & Ashok Mehta Committees
73rd and 74th Constitutional Amendments and their implementations
UNIT 4
Center & State Relations
Need for Reforms- Rajmannar Committee- Sarkaria
commission- MM Punchchi Commission
Unitary and Federal Features of Indian Consititution
Indian Political Parties- Party system in India
Recognition of National and State parties
Elections & Electoral reforms- Anti Defection law
v
Canadian model
India is a union of States- article 1
Why canadaian model? 1. Union [Link] centre [Link](disintegration)
Features of Indian Constitution
Federal features of Indian Constitution
1 Dual Polity- State and Centre
2 Written Constitution
3 Division of Powers
4 Supremacy of the Constitution
5 Rigid Constitution
6 Independent Judiciary
7 Bicamerilasm
Center and State Relations
Legislative Administrative
Legislative Relations
1 Territorial Extent extra territorial laws are only made by Union
For Uts Parliament makes laws-
8 Uts- 3 Uts have assemblies- they make their own laws, for the rest Parliament makes laws
President can make regulations for peace, progress and good government of Uts like daman diu, A&N, Lakshadwee
10 states- scheduled areas- Governor has say in implementing the law
Assam- Governor has
Autonomous Districts
Meghalaya, Tripura, Mizoram- President
2 Legislature Subjects
List Union list State list Concurrent
No. of subjects 98 (initially 97) 59 (initially 66) 52 (initially 47)
Examples Atomic Energy Police Education
Railways Liquor Adulteration
Defence Prison Adoption & Succession
Transfer of property
Banking Local Government except for agriculture
War & Peace Public Health land
Foreign Affairs Land Forests
Airways Trade and Commerce Trade Unions
Ports Livestock Drugs
Foreign Trade Agriculture Newspapers, books
State Public Services
Gambling
Only Union Only State Both Union & State
1935 act, residuary law making power rested in the hands of Governor General
42 nd Amendment- 5 subjects from State list were transferred to Concurrent list
[Link] [Link] [Link] & Measures
d. Protection of Wild animals & Birds e. Administration of justice- constitution of courts
101st amendment- GST- enabled Centre and State to make laws on taxing
when there is conflict between State law and Central law, central law would prevail but if the state law is reserved
President's assent and receives the assent then state law would prevail
But Parliament can make another law over riding it.
3 Parliamentary Legislation in State filed
1. Rajya Sabha makes a resolution passed with 2/3rd majority- valid for 1 year- extended any no. o
law ceases to be effective after 6 months of expiration of resoluti
2. During National Emergency Parliament can make laws, but becomes inoperative after 6 mon
State can make law again if it wants
3. When States make a request two or more states can pass resolution and request Parliament t
which parliament has no power. By this the states will lose their
Only Parliament can amend or repeal such law
Eg: Wild life protection Act, 1974
Water ( Control and Prevention of Pollution) Act, 1974
Transplantation of Human Organs Act, 1994
4. While implementing International Agreements Parliament can make lawson any matter in the state list without
international agreements
Eg: United Nations ( Previliges & Immunities) Act, 1947
Geneva Convention Act
Anti Hijacking Act
5. During President's Rule But the law doesn’t expires after president rule ends
The state can repeal, amend such law later
4 Centre's Control Over State Legislation
1 Governor can reserve any bill passed by State legislation for President's consideration
2 Trade, commerce and commercial interactions related bills inter/intra state related cannot be produced in Assemb
3 Money bills and financial bills passed by State can be directed to be reserved for President's assent by Centre durin
4 Governor cannot introduce an ordinance without prior permission of President in some cases
Administrative Relations
1 Distribution of Executive Powers Union laws executed by Union, State laws executed by State. Co
when law mandates it on central
2 Obligations of State and Centre State should execute complying to any law made by Union
Should not execute anything that impedes Central law
If State isnt administering properly- Centre uses Article 365 to im
3 Centre's directions to State Centre can give directions to state in executing its duties regardi
Communication projects
safeguard or maintenance of railways
welfare schemes for scheduled tribes
provisions to make mother tongue as an instruction of language
4 Mutual Delegations of Functions Governor with prior assent from Cener can entrust state duties
President with prior assent from State government can entrust u
Parliament can pass a law imposing upon a state certain duties w
5 Cooperation Between Centre and States Parliament adjudication in the matters of dispute between state
Article 263- Inter State Council- 1990 cooperation and coordinati
Parliament can appoint an authority to facilitate constitutional p
safeguard interstate freedom in case of commerce trade. Nothin
6 All India Services UPSC- IAS, IPS , IFoS (added in 1966) Rajyasabha resolution to ad
7 Public Service Commission Chairman of State PSC appointed by Governor but removed onl
Parliament can form Joint PSC on request of two or more states,
UPSC can serve needs of a state on request of Governor
UPSC will help JPSC with the machinery and setup
8 Integrated Judicial System Judges of High courts are appointed by President by consulting C
They may be removed or transferred by President
Parliament can set up joint high courts for two or more states
Why integrated judiciary? To enforce both State and central law
9 Relations during Emergencies Art 352 National Emergency- Parliament can direct states to take
Art 356 President's rule- power is in president's hand- state legis
Art 360 Financial Emergency- Centre can direct states to observe
10 Other provisions Art 355 Centre has two responsibilities towards state
It must protect state from external aggression as well as interna
It must make sure the state is ruled based on constitution
Governor appointed by President acts as an agent of centre- sub
State election commissioner can be appointed by Governor but
11 Extra Constitutional Devices Parliament can create any extra constitutional bodies for cooper
NITI Aayog, Zonal councils, North Eastern Coucnil, The central Co
Conferences like Governors conference, Chief ministers conferen
ar Committee- Sarkaria
ommission
s of Indian Consititution
system in India
State parties
s- Anti Defection law
Constitution PYQs
Unitary features
1 Strong Centre
2 States not indestructible
3 Single Constitution
4 Flexibility of the Constitution
5 No equality of state representation
6 Integrated Judiciary
7 Single Citizenship
8 Emergency Provisions
9 All India Services
10 Integrated Audit Machinery
11 Centre's control over state's List
12 Integrated Election Machinery
13 Appointment of Governor
14 Veto in state bills
Financial
daman diu, A&N, Lakshadweep, Dadar nagarhaveli, ladakh.
5th schedule
6th Schedule
Residuary
all the other subjects left
Only Union
1976
ution of courts
ut if the state law is reserved for
or 1 year- extended any no. of times each 1 year.
months of expiration of resolution
omes inoperative after 6 months of expiration of emergency
tion and request Parliament to make law on particular subject on
this the states will lose their power to make laws on the same subject
Pollution) Act, 1974
matter in the state list without consulting states to implement
mmunities) Act, 1947
resident rule ends
aw later
annot be produced in Assembly without prior sanction of President
dent's assent by Centre during National emergency
e cases
te laws executed by State. Concurrent subjects laws by State, except
any law made by Union
mpedes Central law
- Centre uses Article 365 to impose 356 President's rule
in executing its duties regarding few matters like
as an instruction of language in primary education
ener can entrust state duties to the center
Mutual agreement
ate government can entrust upon it the centre's duties
g upon a state certain duties without consulting it legislation
tters of dispute between states- river water disputes
90 cooperation and coordination between Centre & States, Center & Uts
y to facilitate constitutional provisions in the states and also to
se of commerce trade. Nothing as such appointed till date
6) Rajyasabha resolution to add another All India Service- article 312
by Governor but removed only by President
equest of two or more states, President appoints the Chairm
request of Governor
nery and setup
d by President by consulting CJI and Governor of the state
ed by President
urts for two or more states
ce both State and central laws, to maintain uniformity in remedial measures
ment can direct states to take certain action
n president's hand- state legislature is void
re can direct states to observe canons of financial propriety and other directions
ties towards state
aggression as well as internal disturbances
d based on constitution
cts as an agent of centre- submits reports periodically about administration in statte
e appointed by Governor but removed by President
nstitutional bodies for cooperation between states
astern Coucnil, The central Council of Indian Medicine, Central council of Homeopathy
ence, Chief ministers conference, Chief Secretaries conference, etc
Powers and Functions of Constitutional Bodies
Constitutional Bodies
Election Commission
Union Public Service Commission
State Public Service Commission
Finance Commission
Goods and Services Tax
National Commission for SCs
National Commission for STs
National Commission for BCs
Special Offficer for Linguistic Minorities
Comptroller and Auditor General of India
Attorney General of India
Advocate General of State
Constitutional Body Appointment Structure
Election Commission of India President Initially a single member body
Article 324 Governor-for State election 1989- after voting age was
commissioner decreased to 18 from 21- 2
extra commissioners were
appointed- abolished in 1990-
again reappointed in 1993- since
then Chief Election
commissioner + 2 election
commissioners
UNIT 3
Distribution of Legislative and Executive powers between State and the Union
Legislative, Administrative and Financial relations between the Union and States
Powers and Functions of Constitutional Bodies - Human Rights Commission- RTI- Lok Pal & Lok Ayukta
Tenure Removal Functions
6 years or until they attain 65 resignation can be submitted to 1. Administrative [Link]
years president Judicial [Link]
process similar to Judge of SC- [Link] constituencies
Parliament should pass a [Link] election
resoultion with special majority machinery [Link] for
upholding him for his proved political partie publicity in
incapacity/ misbehaviour electronic media [Link]
code of conduct e. advise
President on disqualification
of a Mps, governors on dis of
MLAs j. to advice
president on conducting
elections in President rule
state.
3
& Lok Ayukta
Powers
a. allot election symbols b.
recognise political parties
[Link] elections d.
scrutinise nomination papers
Common questions
Powered by AIDuring a national emergency under Article 352, the Indian Constitution provides mechanisms that significantly alter legislative powers. The Parliament can legislate on subjects in the State List, therefore centralizing authority . Additionally, the state's Executive authority is also directed by the Centre for executing matters of national interest, and the distribution of financial resources can also be altered. The laws passed during an emergency continue to be in effect until six months after the emergency ends, restoring balance gradually . This centralized approach under an emergency provision aims to unify efforts towards addressing the national crisis, albeit potentially affecting the federal balance momentarily.
The Indian Parliament can exercise several mechanisms that impact state legislation: (1) During a national emergency, Parliament can legislate on subjects in the state list. Such laws, however, cease to operate six months after the emergency ends . (2) The Governor might reserve certain bills for the President's consideration, effectively allowing the Centre to influence state legislation indirectly . (3) Under Article 249, Parliament can legislate on state list subjects if the Rajya Sabha passes a resolution with a 2/3rd majority that it is necessary in the national interest, thereby reducing state autonomy during critical times . These measures enable Parliament to cover crucial legislative grounds potentially for uniform national interest but can lead to reduced state autonomy and increased centralized control, especially during emergencies or special circumstances.
In India, centralization manifests through a strong central government with powers to legislate on crucial subjects like defense and foreign affairs, as well as during national emergencies where the Centre assumes broader legislative powers . Conversely, decentralization is evident in the empowerment of local bodies under the 73rd and 74th Amendments, promoting grassroots governance and self-administration . The balance is struck by the Constitution’s federal structure that specifies Union, State, and Concurrent lists, delineating the subjects over which each level of government has authority. While the Centre retains significant power, the amendments and commissions advocating for reforms ensure that decentralization is also a critical part of India's governance, encouraging local participation in democratic processes while maintaining national integrity.
The Sarkaria Commission, established in 1983, played a critical role in reviewing and refining Center-State relations in India. It provided several recommendations to enhance cooperative federalism, addressing imbalances between various governance levels. The Commission emphasized the need for greater consultations between the Centre and the States, especially regarding legislation affecting both . It advocated for changes in the appointment processes of governors and recommended minimizing the use of Article 356 (President’s Rule) to avoid unnecessary dismissals of the State governments . By recommending these reforms, the Commission sought to balance central control with state autonomy, thus promoting a more synchronized governance structure.
GST exemplifies cooperative federalism in India by creating a unified tax structure that integrates both Central and State taxes into a single tax regime, promoting uniformity and simplification of the tax process . It necessitates intricate coordination and cooperation between the Centre and States through the GST Council, an advisory body with representation from both levels, where decisions related to tax rates and policies are made collaboratively . This structure allows for shared responsibilities in tax administration and revenue collection, demonstrating a synergistic approach to managing the country's economic framework under federal principles while facilitating broader economic integration within the country.
The division of powers between the Union and States in India is based on a comprehensive threefold list scheme in the Constitution: Union List, State List, and Concurrent List . The Union List encompasses subjects of national importance (e.g., defense, foreign affairs), while the State List covers local interests (e.g., police, public health), and the Concurrent List allows both governments to legislate on overlapping areas (e.g., education, marriage) with Union law prevailing in case of conflict . This division defines legislative competence by allocating areas of jurisdiction, ensuring laws are tailored to the appropriate level of governance while safeguarding legislative clarity and minimizing jurisdictional overreach or conflict.
The 73rd and 74th Constitutional Amendments are monumental in strengthening India's decentralization framework by institutionalizing Panchayati Raj institutions and Urban Local Bodies. These amendments provided a constitutional status to these local governance bodies, ensuring direct elections and increased political participation at the grassroots level . They introduced a three-tier structure in rural areas and municipal structures in urban centers, facilitating greater local governance autonomy. Moreover, they empowered these bodies with powers and responsibilities concerning economic development and social justice, fostering participatory democracy. By promoting accountability and empowering local resources management, these amendments significantly increased grassroots governance's effectiveness, addressing local needs efficiently and encouraging community involvement in political processes.
The independence of the judiciary in the Indian Constitution is ensured through several provisions. Judges of the High Courts and the Supreme Court are appointed by the President after consulting with the Chief Justice of India and other judges, ensuring a check and balance in appointments. Judges can only be removed through a rigorous impeachment process, highlighting their secure tenure . This setup bolsters judicial independence, crucial for interpreting the Constitution and upholding the rights and liberties promised therein. Such independence is pivotal in executing judicial review and maintaining checks and balances within the governance structure.
Article 1 of the Indian Constitution defines India as a 'Union of States,' signifying that the states have neither the right nor the power to secede from the union, thus establishing a strong centralized system. The characteristics of this union include a single Constitution governing both the Center and the States, a single citizenship, and unified court systems that enforce both Central and State laws . These features cement India's structure as a union rather than a federation where states might have a right to disassociate.
The Anti-Defection Law, introduced by the 52nd Amendment to the Indian Constitution in 1985, aims to prevent political defections among the legislators, ensuring stability within the government . It mandates disqualification of elected members if they defect from one party to another, ensuring legislators remain loyal to the party on whose ticket they were elected. This law is crucial in maintaining legislative stability by reducing incentives for opportunistic party-switching which can disrupt governance. However, it has received criticism for curtailing legislators’ freedom to vote according to their conscience or constituents' will, potentially strengthening the party leadership at the expense of individual members' roles in the legislature.