Overview of India's Political Framework
Overview of India's Political Framework
ENVIRONMENT
MODULE IV a
Emmanuel Macron
French President
Gabriel Attal
Prime Minister (France)
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LEARNING OUTCOMES
o Constitution of India
o Political Institutions
Legislature
Executive
Judiciary
[Link]
CONSTITUTION OF INDIA
MAJOR HIGHLIGHTS..
Length and Structure
Preamble
Enshrined in Part III, these are basic human rights guaranteed to all
citizens.
They include:
Right to Equality (Articles 14–18)
Right to Freedom (Articles 19–22)
Right against Exploitation (Articles 23–24)
Right to Freedom of Religion (Articles 25–28)
Cultural and Educational Rights (Articles 29–30)
Right to Constitutional Remedies (Article 32)
CONSTITUTION OF INDIA
MAJOR HIGHLIGHTS..
Directive Principles of State Policy (DPSP)
Mentioned in Part IV, these are non-justiciable guidelines for the state to
follow in governance, aiming to achieve socio-economic welfare.
Examples include providing adequate means of livelihood, ensuring
equitable distribution of wealth, and promoting health and education.
Fundamental Duties
Added by the 42nd Amendment in 1976, these duties are outlined in Part
IVA (Article 51A) and remind citizens to uphold the Constitution and
promote harmony.
CONSTITUTION OF INDIA
MAJOR HIGHLIGHTS..
Parliamentary System of Government
Independent Judiciary
The Constitution provides for single citizenship for all Indians, irrespective
of the state or territory they belong to.
Every citizen of India aged 18 or above has the right to vote, irrespective
of caste, gender, religion, or education.
CONSTITUTION OF INDIA
MAJOR HIGHLIGHTS..
Emergency Provisions
Amendment Procedure
The Constitution provides a detailed process for amendments under Article 368,
which allows it to be flexible and adaptable over time.
The Constitution provides for reservation policies to uplift the socially and
economically backward sections of society, particularly Scheduled Castes (SCs),
Scheduled Tribes (STs), and Other Backward Classes (OBCs).
CONSTITUTION OF INDIA
COMPOSITION
Preamble:
The Constitution originally had 395 Articles divided into 22 Parts. Due to
amendments, it now contains more than 470 Articles. Each part deals with
different aspects of governance and administration, like fundamental
rights, the structure of government, and emergency provisions.
CONSTITUTION OF INDIA
COMPOSITION
Schedules:
Appendices:
The Constitution includes appendices that cover topics like the distribution of
legislative powers, lists of recognized languages, and the format of various oaths.
CONSTITUTION OF INDIA
INTERESTING FACTS
World’s Longest Written Constitution
The Preamble of the Indian Constitution is not only eloquent but also one of the most
elaborate and meaningful preambles in the world. It emphasizes the nation's values,
including Sovereignty, Socialism, Secularism, Democracy, and Republic.
It took 2 years, 11 months, and 18 days to draft the Constitution. The Constituent
Assembly, which was responsible for drafting it, began work on December 9, 1946, and
completed it on November 26, 1949.
Handwritten Constitution
The entire Constitution of India was handwritten. It was calligraphed in both Hindi and
English by artist Prem Behari Narain Raizada. The original copies are preserved in special
helium-filled cases in the Library of the Parliament of India.
CONSTITUTION OF INDIA
INTERESTING FACTS
Artwork by Nandalal Bose
Renowned artist Nandalal Bose and his team illustrated the pages of the original
Constitution with intricate artwork depicting scenes from Indian history, such as the
Vedic period, Mughal era, and Indian freedom movement.
The Indian Constitution provides a unique amendment procedure that combines the
flexibility of the British system and the rigidity of the American system. It allows for both
simple and complex amendments, depending on the provisions being changed.
The concept of the basic structure was introduced in the landmark Kesavananda
Bharati case (1973). According to this doctrine, certain fundamental features of the
Constitution cannot be altered by amendments, safeguarding the spirit of the
Constitution.
CONSTITUTION OF INDIA
INTERESTING FACTS
Special Provisions for States
The Constitution includes special provisions for certain states, such as Jammu and
Kashmir (Article 370, which has since been abrogated in 2019) and Nagaland (Article
371A), to accommodate their unique cultural and historical circumstances.
Dr. B.R. Ambedkar is often referred to as the Father of the Indian Constitution. He
chaired the Drafting Committee and played a pivotal role in shaping the Constitution.
Original Constitution Did Not Include the Terms "Secular" and "Socialist“
The terms "Secular" and "Socialist" were added to the Preamble later through the 42nd
Amendment Act in 1976 during the Emergency period.
CONSTITUTION OF INDIA
INTERESTING FACTS
India: A "Union of States"
The Constitution refers to India as a "Union of States", which means that the states
have no right to secede from the Union. This phrase underscores the unity and integrity
of the country.
Article 32, termed the "heart and soul of the Constitution" by Dr. B.R. Ambedkar,
empowers citizens to move the Supreme Court to enforce their Fundamental Rights,
showcasing a robust mechanism for protecting citizens' liberties.
CONSTITUTION OF INDIA
INTERESTING FACTS
Unique Blend of Federal and Unitary Features
The Constitution is federal in nature but has unitary features during times of
emergency. This means that while normal governance is federal (divided between
central and state governments), the center becomes more powerful under certain
circumstances.
• SOVEREIGN
Sovereignty means that a country is independent and has supreme authority
• SOCIALIST over its own territory and decisions, free from external control or influence.
• SECULAR
• DEMOCRATIC Example: India is a sovereign nation, meaning it makes its own laws and
policies without any interference from other countries or foreign powers.
• REPUBLIC
• LIBERTY
• FRATERNITY
• SOVEREIGN Socialism refers to the idea that the state should strive to reduce income
inequality and provide social welfare for the betterment of society, often
• SOCIALIST through public ownership of resources and regulation.
equality.
• SECULAR
• DEMOCRATIC Example: Programs like public healthcare, free education, and subsidies for
essential services are examples of socialist policies aimed at promoting social
• REPUBLIC
• LIBERTY
• FRATERNITY
• SOVEREIGN The word socialist was added to the Preamble by the 42 Amendment of the
• SOCIALIST constitution in 1976.
• SECULAR It implies social and economic equality.
• DEMOCRATIC Social equality in this context means the absence of discrimination on the
• SOVEREIGN Secularism means that the government remains neutral in matters of religion
• SOCIALIST and does not favor or discriminate against any religion. People are free to
practice any religion or none at all.
• SECULAR
• DEMOCRATIC Example: In a secular country like India, all religions are treated equally, and
the state does not endorse any specific religion. For instance, public
• REPUBLIC institutions like schools do not promote religious teachings.
• LIBERTY
• FRATERNITY The word secular was added to the Preamble by the 42 Amendment of the
constitution in 1976.
• SOVEREIGN Democracy means that the government is elected by the people and works
for the benefit of its citizens. People have the right to participate in the
• SOCIALIST political process through voting and other democratic means.
the will of the majority.
• SECULAR
• DEMOCRATIC Example: The United States is a democratic country where citizens vote for
their leaders in elections held periodically, and decisions are made based on
• REPUBLIC
• LIBERTY
• FRATERNITY
• SOVEREIGN
• SOCIALIST The first part of the preamble “We, the people of India” and, its last part “give
• SOVEREIGN A republic is a form of government where the head of state is elected and not
• SOCIALIST a hereditary monarch. The public has the power to elect their leaders, who
are accountable to them.
• SECULAR
• DEMOCRATIC Example: France is a republic because it has an elected president as the head
of state, rather than a king or queen.
• REPUBLIC
• LIBERTY
• FRATERNITY
• SOVEREIGN
As opposed to a monarchy, in which the head of state is appointed on hereditary
• SOCIALIST basis for a lifetime or until he abdicates from the throne.
• SECULAR A democratic republic is an entity in which the head of state is elected, directly or
• DEMOCRATIC indirectly, for a fixed tenure.
• REPUBLIC The President of India is elected by an electoral college for a term of five years.
• LIBERTY The post of the President Of India is not hereditary.
• FRATERNITY Every citizen of India is eligible to become the President of the country.
The leader of the state is elected by the people.
Democratic state may have an elected or hereditary head (Monarch in Britain)
Republican-only elected head of state for a fixed term-India
• SOVEREIGN Liberty refers to the freedom of individuals to think, express, and act
• SOCIALIST according to their own will, provided that they do not infringe on the rights of
others.
• SECULAR
• DEMOCRATIC Example: The right to free speech, as protected in the United States by the
First Amendment, allows people to express their opinions without fear of
• REPUBLIC government reprisal.
• LIBERTY
• FRATERNITY
• SOVEREIGN
Fraternity means a sense of brotherhood and unity among the members of a
• SOCIALIST society, promoting mutual respect and support for each other.
• SECULAR
• DEMOCRATIC Example: Initiatives to promote national integration and harmony among
diverse communities within a country represent the idea of fraternity. For
• REPUBLIC example, community service projects that bring people of different
• backgrounds together to work toward common goals promote this spirit of
LIBERTY
brotherhood.
• FRATERNITY
STATES : 28
UNION TERRITORIES : 08
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UNITARY SYSTEM Example: United Kingdom is a classic example of a unitary system. While
there are devolved governments in Scotland, Wales, and Northern
Ireland, these bodies only have powers granted by the UK Parliament.
FEDERAL SYSTEM The central government in Westminster retains the authority to override
or change any of these powers.
Disadvantages:
Advantages:
UNITARY SYSTEM • Encourages local self-governance and better representation of
regional interests.
FEDERAL SYSTEM • Helps accommodate diversity within a country by allowing local
governance of regional issues.
Disadvantages:
Types:
UNITARY SYSTEM
1. BY HOLDING TOGETHER
India, Belgium, Spain, Nigeria, and Pakistan.
FEDERAL SYSTEM
2. BY COMING TOGETHER
United States, Switzerland, Australia, Germany
Scheduled languages-21
TOTALITARINISM/AUTHORITARIAN
Individual freedom is totally subordinated to
the power of authority of state and
concentrated in the hands of one person or in a
small group which is not constitutionally
accountable to the people.
DEMOCRACY
PURE DEMOCRACY (DIRECT DEMOCRACY)
TOTALITARINISM/AUTHORITARIAN
REPUBLICAN DEMOCRACY (REPRESENTATIVE DEMOCRACY)
A system where all citizens participate directly in decision-making without
intermediaries or representatives.
Examples:
Switzerland: While Switzerland is a federal republic, it practices
elements of direct democracy through referendums and citizen-initiated
measures. Citizens frequently vote on laws and policies directly.
Ancient Athens: A historical example where citizens had the right to
participate directly in the legislative and judicial functions.
BASIC POLITICAL PHILOSOPHIES/MODELS
DEMOCRACY
PURE DEMOCRACY (DIRECT DEMOCRACY)
TOTALITARINISM/AUTHORITARIAN
REPUBLICAN DEMOCRACY (REPRESENTATIVE DEMOCRACY)
A system where citizens elect representatives to make decisions and create
laws on their behalf, often under a constitutional framework.
Examples:
United States: A constitutional republic where elected officials
represent the interests of the citizens, and governance is guided by a
constitution.
India: A democratic republic with an elected parliament that makes
laws and governs based on the will of the people.
Germany: A federal parliamentary republic where the government is
elected and operates under a constitutional framework.
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BASIC POLITICAL PHILOSOPHIES
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DEMOCRACY tators/reference
TOTALITARINISM/AUTHORITARIAN
THEOCRATIC TOTALITARIANISM
SECULAR TOTALITARIANISM
TRIBAL TOTALITARIANISM
When a countries religious leaders also act as its
BASIC POLITICAL PHILOSOPHIES political leaders.
- Afghanistan, Iran etc.
DEMOCRACY
Political leaders are guided by military and bureaucratic
TOTALITARINISM/AUTHORITARIAN power.
- Latin American countries – till late 1980s.
- South Korea,Taiwan,Singapore,Indonesia,Philippines
etc.
THEOCRATIC TOTALITARIANISM
Here, private ownership of property is endorsed by
government, market forces are also allowed a free play,
SECULAR TOTALITARIANISM
but political freedom are rarely granted.
- Arentiana,Brazil,Chile,Paraguay etc.
RIGHT WING TOTALITARIANISM
DEMOCRACY
Political leaders are guided by military and bureaucratic
TOTALITARINISM/AUTHORITARIAN power.
- Latin American countries – till late 1980s.
- South Korea,Taiwan,Singapore,Indonesia,Philippines
etc.
THEOCRATIC TOTALITARIANISM
Here, private ownership of property is endorsed by
government, market forces are also allowed a free play,
SECULAR TOTALITARIANISM
but political freedom are rarely granted.
- Arentiana,Brazil,Chile,Paraguay etc.
RIGHT WING TOTALITARIANISM
DEMOCRACY
Political leaders are guided by military and bureaucratic
TOTALITARINISM/AUTHORITARIAN power.
- Latin American countries – till late 1980s.
- South Korea,Taiwan,Singapore,Indonesia,Philippines
etc.
THEOCRATIC TOTALITARIANISM
Here, private ownership of property is endorsed by
government, market forces are also allowed a free play,
SECULAR TOTALITARIANISM
but political freedom are rarely granted.
- Arentiana,Brazil,Chile,Paraguay etc.
RIGHT WING TOTALITARIANISM
DEMOCRACY
Political leaders are guided by military and bureaucratic
TOTALITARINISM/AUTHORITARIAN power.
- Latin American countries – till late 1980s.
- South Korea,Taiwan,Singapore,Indonesia,Philippines
etc.
THEOCRATIC TOTALITARIANISM
Here, private ownership of property is endorsed by
government, market forces are also allowed a free play,
SECULAR TOTALITARIANISM
but political freedom are rarely granted.
- Arentiana,Brazil,Chile,Paraguay etc.
RIGHT WING TOTALITARIANISM
Council of States
[Link]
Democracy has three institutions:
LOK SABHA
245=233 ELECTED
+12 NOMINATED
CONSTITUENTS OF PARLIAMENT
Constitution provided 3 fold distribution of legislative powers between the union govt. & state govt.
A. UNION LIST
B. STATE LIST
C. CONCURRENT LIST
DISTRIBUTION OF LEGISLATIVE POWERS
Both the union as well as the state government make laws on the subject mentioned in this list.
If their laws conflicts with each other ,the law made by the union government will prevail.
Supreme Court
High Courts
District Court
LEGISLATUTURE
Independence of the Judiciary
EXECUTIVE
The Judiciary operates free from interference by the
Legislature and Executive to uphold justice impartially.
JUDICIARY Judges have security of tenure, and their salaries and
conditions of service are protected by the Constitution.
SYSYTEMS OF LAW
Derived from the interpretation of the Quran and
practiced in countries where Muslims are in majority.
ISLAMIC LAW
MARXIST LAW
MAIN POINTS:
o Islam means ‘submission’ or ‘surrender’ to the will of God.
o Prophet Mohammad provided Sharia (God’s commandments).
o From Philippines to former Soviet Union.
o Western nation – law as an expression of the will of the people acting through their legislature
o Islam – Islamic law is a product of divine revelation.
o Prohibition of paying or receiving interest.
o Islamic law of contracts – transaction should be devoid of riba.
o Advocated – risk sharing, property rights, individual rights and duties and sanctity of contracts.
o Prohibited – investment in alcohol,gambling,casinos etc.
o Rely on - leasing arrangements rather than borrowing money.
o Islamic banking – Iran (banks charge upfront fee)
SOCIALIST LAW
MAIN POINTS:
o Evolve from Marxist socialist system.
o Soviet unoin,China,Vietnam,North Korea, Cuba
o Extensive codes are the primary source of socialist laws.
o Socialist legal code coded are design to achieve personal and societal transformation.
o Communist ideology – each gives according to his or her abilities and takes according to his her needs.
o State ownership of the means of production and distribution.
o Centralized planning.
o Issues – state’s rights,freedom,rights of property owners,taxation,price control etc.
COMMON LAWS/ CASE LAWS
MAIN POINTS:
o The USA, the UK,India,Canada,Australia,Hong Kong, New Zealand,Malaysia,Norway.
o Origin in England - collapse of feudal system.
o Conquest of England (1066) by William the Conqueror – Duke of Normandy – established a legal system and
developed the common law. (COURTS OF EQUITY)
o Legal system that is largely formed by the decisions previously made by courts and not imposed by legislature or
government officials.
o Thrives on precedential weight (STARE DECISIS).
o “MATTER OF FIRST IMPRESSION” – judges have authority and duty to make or revise law by creating a
precedent.
o Commercial transactions – lawful or unlawful – stare decisis.
CIVIL LAW/CIVILIAN LAW
MAIN POINTS:
o All the laws are written in a collection,codified,and not (as a common law) co-created by judges.
o Hammurabi ,a Babylonian king enacted the first civil law in the 17 th century.
o Modern civil law is based on Justinian (Byzantine empire) code (1529) and the Napoleonic code.
o Napoleon Bonaparte (1804) ,emperor of France, established a civil code based on Roman model.
o French revolution – changes in law.
DIFFERENCE BETWEEN COMMON LAW AND CIVIL LAW
o Intellectual property rights
COMMON LAW system – ownership is established by usage.
CIVIL LAW system – ownership is determined by registration.
o Role of judges and lawyers
COMMON LAW system - Judges serves as a neutral refrence,defining points of law and ruling on
various motions put forth by the opposite party’s lawyers.
CIVIL LAW system –-the judges take on many of the tasks of the lawyers, for example,
determining the scope of evidence to be collected and presented to the court.
o Qualification of judges
COMMON LAW system - Experienced lawyers are appointed as judges.
CIVIL LAW system - Career judge act as arbitrator.
COMPARATIVE LAW
Business women in Nigeria sentenced to death for selling oil without a licence.
In China, sentencing for drug trafficking could include capital punishment.
FUNDAMENTAL RIGHTS
1. RIGHT TO EQUALITY
6. RIGHT TO CONSTITUTIONAL REMEDY titles other than military or academic distinctions, and
the citizens of India cannot accept titles from a
foreign state.
There are SIX fundamental rights Article 19 guarantees six freedoms in the nature
1. RIGHT TO EQUALITY
Article 23 provides prohibition for
human trafficking, making it an offence
2. RIGHT TO PARTICULAR FREEDOM punishable by law, and also prohibits
forced labor
3. RIGHT AGAINST EXPLOITATIONThe 1976
Bonded Labour system (Abolition) Act,
There are SIX fundamental rights Article 25 guarantees all persons the
freedom of conscience and the right to preach,
1. RIGHT TO EQUALITY practice and propagate any religion of their
choice.
2. RIGHT TO PARTICULAR FREEDOM This right is, however, subject to public order,
morality and health, and the power of the State
3. RIGHT AGAINST EXPLOITATION to take measures for social welfare and reform.
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(Articles 29-30): These rights protect the cultural and
educational interests of minorities, allowing them to
preserve their culture, language, and script and to establish
and administer educational institutions of their choice.
There are SIX fundamental rights Article 29 grants any section of citizens
having a distinct language, script ,culture of
1. RIGHT TO EQUALITY its own, the right to conserve and develop
the same, and thus safeguards the rights of
minorities by preventing the State from
2. RIGHT TO PARTICULAR FREEDOM
imposing any external culture on them
3. RIGHT AGAINST EXPLOITATION Article 30 confers upon all religious and
linguistic minorities the right to set up and
4. RIGHT TO FREEDOM OF RELIGION administer educational institutions
5. CULTURAL AND
EDUCATIONAL RIGHT
6. RIGHT TO CONSTITUTIONAL REMEDY
1. RIGHT TO EQUALITY
6. RIGHT TO
CONSTITUTIONAL
REMEDY
Friday, December 26, 2025 BE 102
There are SIX fundamental rights
Habeas Corpus is a Latin term meaning
1. RIGHT TO EQUALITY "you shall have the body." It is a fundamental legal
principle and one of the important writs issued by
courts to ensure personal liberty and prevent
2. RIGHT TO PARTICULAR FREEDOM
unlawful detention. In the context of Indian law,
habeas corpus is a constitutional remedy provided
3. RIGHT AGAINST EXPLOITATION under Article 32 and Article 226.
4. RIGHT TO FREEDOM OF RELIGION For example, if a lower court is about to hear a case
that falls outside its jurisdiction, a higher court can
5. CULTURAL AND EDUCATIONAL RIGHT issue a writ of prohibition to prevent the lower
court from proceeding. This ensures that legal
boundaries are respected and that cases are
6. RIGHT TO handled by the appropriate authorities.
CONSTITUTIONAL
REMEDY
Friday, December 26, 2025 BE 105
There are SIX fundamental rights
Quo Warranto is a Latin term meaning "by
1. RIGHT TO EQUALITY what authority." It is a writ issued by a court to
challenge the legality of a person’s claim to hold a
2. RIGHT TO PARTICULAR FREEDOM public office. The purpose of quo warranto is to
prevent individuals from unlawfully occupying
3. RIGHT AGAINST EXPLOITATION public positions. If a person is found to be holding
an office without legal authority, the court can
order their removal.
4. RIGHT TO FREEDOM OF RELIGION
For example, if someone is appointed to a
5. CULTURAL AND EDUCATIONAL RIGHT government position without meeting the
necessary qualifications, a quo warranto writ can
6. RIGHT TO be filed to challenge and question their right to
hold that office.
CONSTITUTIONAL
REMEDY
Friday, December 26, 2025 BE 106
There are SIX fundamental rights
Certiorari is a writ issued by a higher court to
1. RIGHT TO EQUALITY review the decision or proceedings of a lower court
or tribunal. It is used to ensure that the lower court
2. RIGHT TO PARTICULAR FREEDOM has acted within its jurisdiction and followed the
correct legal procedures. If the higher court finds
3. RIGHT AGAINST EXPLOITATION that there were errors in the decision-making
process or that the lower court acted beyond its
authority, it can quash or annul the judgment.
4. RIGHT TO FREEDOM OF RELIGION
For example, if a lower court's ruling is challenged
5. CULTURAL AND EDUCATIONAL RIGHT because of procedural irregularities or jurisdictional
overreach, the higher court can issue certiorari to
6. RIGHT TO review and possibly overturn that ruling.
CONSTITUTIONAL
REMEDY
Friday, December 26, 2025 BE 107
• These rights are justiciable, meaning individuals can
seek judicial intervention if they are violated.
• The Directive Principles of State Policy are guidelines for the framing of laws by the
government.
• They serve to emphasize the welfare state model of the Constitution and emphasize the
positive duty of the State to promote the welfare of the people by affirming social, economic
and political justice, as well as to fight income inequality and ensure individual dignity.
Articles 41–43 -State to endeavour to secure to all citizens the right to work, a living wage,
social security, maternity relief, and a decent standard of living
Article 45 -State to provide free and compulsory education to children between the ages of six
and fourteen years (the 86th Amendment in 2002, this has been converted into a Fundamental
Right)
RIGHT TO EDUCATION
Article 48 –To organise agriculture and animal husbandry on modern and scientific lines
by improving breeds and prohibiting slaughter of cattle.
• The Fundamental Duties are defined as the moral obligations of all citizens to help promote
a spirit of patriotism and to uphold the unity of India.
• Like the Directive Principles, they are not legally enforceable.
By the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child
or ward was provided opportunities for education between the ages of six and fourteen years - Now RTE Act.
Yogoslavia,Turkey,Iraq,Algeria,Sudan,Nigeria,Afghanistan,Somalia,Congo,Angola
,Indonesia etc.
Inflation,recession,currency devaluation.
Expropriation of corporate assets without
Politically motivated debt default ,renegotiating or
prompt and adequate compensation.
Barriers to repatriation od profits. rescheduling.
Indigenization requirements.
Los of technology or other intellectual
Neutral calamities.
properties.
Long term slowdown of the economy.
Campaigns against and boycott of foreign
Strikes and labor disputes.
goods.
Poverty.
Mandatory labor laws.
Protectionist measures.
Civil wars and wars between countries.
TYPES OF POLITICAL RISK
DIRECT INDIRECT
Joint ventures
Lobbying home and host governments
PROAC
Licensing agreements
TIVE Corporate citizenship in host country
Promote host goods
STRATEGIES OF MANAGING RISKS
THANK
YOU
[Link]
DR MD S AIFULL AH KHALID
7533807620
Saif.kh92@[Link]