1.
The Constitution of India and the Preamble
The Constitution of India:
Definition: The Constitution of India is the supreme law of India, which outlines the
framework for the country's political system, government structure, and fundamental
laws.
Adopted on: January 26, 1950 (Republic Day).
Length: It originally had 395 articles and 8 schedules, now has 448 articles and 12
schedules (due to amendments).
Written Constitution: It is a written document, unlike the UK which has an unwritten
constitution.
Supremacy: The Constitution is the highest legal authority in India, and any law
inconsistent with it is invalid.
Preamble of the Constitution:
Definition: The Preamble is an introductory statement that sets out the objectives of the
Constitution.
Key Terms:
o We, the people of India: Establishes that the authority of the Constitution comes
from the people.
o Sovereign: The country is independent and free from external control.
o Socialist: Promotes social equality and aims to reduce economic disparity.
o Secular: The state has no official religion and treats all religions equally.
o Democratic: The country’s governance is based on free and fair elections.
o Republic: The head of state is elected, not a monarch.
o Justice: Ensures social, economic, and political justice.
o Liberty: Guarantees freedom of thought, expression, belief, and worship.
o Equality: Provides equal opportunities to all citizens.
o Fraternity: Promotes a sense of brotherhood and unity among the people.
2. Sources and Features of the Indian Constitution
Sources:
Historical Sources:
o Government of India Act, 1935: Served as a model, providing federal features,
office of the Governor, and the bicameral legislature.
o Montagu-Chelmsford Reforms: Led to the idea of a self-governing India.
o British Constitution: Influenced parliamentary structure, rule of law, and the
concept of individual rights.
o French Revolution: Inspired the ideals of liberty, equality, and fraternity.
o American Constitution: Inspired the ideas of fundamental rights, the system of
checks and balances.
o Irish Constitution: Inspired Directive Principles of State Policy.
o Canadian Constitution: Influenced the federal structure.
Features:
Federal System: A division of power between central and state governments (though the
Constitution is unitary in practice during emergencies).
Parliamentary System: India has a parliamentary democracy, where the executive (PM
and Cabinet) is accountable to the legislature (Parliament).
Independent Judiciary: The judiciary is independent of the executive and legislature.
Single Citizenship: All citizens have one uniform citizenship across the nation.
Secular State: No official religion, and equal respect for all religions.
Fundamental Rights: Basic rights guaranteed to all citizens (discussed below).
Directive Principles of State Policy: Guidelines for the government to ensure welfare
and social justice (discussed below).
3. Citizenship, Fundamental Rights, and Duties
Citizenship:
Definition: The status of being a member of a nation, with the rights and duties that come
with it.
Acquisition of Citizenship: Can be acquired through:
o Birth: If born in India, subject to certain conditions.
o Descent: If born outside India to Indian parents.
o Registration: Through a process laid down by the government.
o Naturalization: Foreign nationals can become Indian citizens if they fulfill
certain conditions.
o By Incorporation of Territory: If India acquires new territory, the inhabitants
may become citizens.
Fundamental Rights (Part III of the Constitution):
Definition: Basic rights guaranteed to every citizen, enforceable by law.
Key Rights:
1. Right to Equality (Articles 14-18):
Equality before the law.
No discrimination on grounds of religion, race, caste, sex, or place of
birth.
Abolition of untouchability and titles.
2. Right to Freedom (Articles 19-22):
Freedom of speech and expression.
Right to assemble peacefully, form associations, and move freely.
Protection against arbitrary arrest and detention.
3. Right Against Exploitation (Articles 23-24):
Prohibits forced labor, child labor, and human trafficking.
4. Right to Freedom of Religion (Articles 25-28):
Freedom to practice, propagate, and profess religion.
No discrimination on the grounds of religion.
5. Cultural and Educational Rights (Articles 29-30):
Protection of cultural rights of minorities.
Right to establish and administer educational institutions.
6. Right to Constitutional Remedies (Article 32):
Right to approach the Supreme Court in case of violation of fundamental
rights.
Duties:
Definition: Fundamental duties are obligations that every citizen must observe.
Key Duties (Article 51A):
o Respect the Constitution, national flag, and anthem.
o Promote harmony and the spirit of common brotherhood.
o Preserve the heritage of the country.
o Safeguard public property and avoid violence.
o Protect and improve the environment.
o Develop scientific temper, humanism, and the spirit of inquiry.
4. Directive Principles of State Policy
Definition: These are non-justiciable guidelines for the state to follow while formulating
policies and laws. They aim to establish a social and economic democracy.
Key Principles:
Social Justice:
o Providing adequate livelihood, health, and welfare to all citizens.
o Equal pay for equal work, prevention of child labor, and promotion of social and
economic equality.
Economic Justice:
o Ensuring that the wealth of the nation is used for the welfare of all people,
reducing economic disparities.
Welfare State:
o Establishment of a welfare system, including housing, education, and healthcare
for all citizens.
Promotion of Education and Public Health:
o Free and compulsory education for children, improvement of public health, and
ensuring a decent standard of living.
International Peace and Security:
o Promoting international peace and encouraging friendly relations with other
nations.
1. Concept of Federalism
Definition of Federalism:
Federalism is a system of government in which two or more levels of government share
authority over the same geographical area.
In a federal system, there is a division of powers between a central government and
various state or regional governments.
Features of Federalism:
o Written Constitution: A constitution defines the powers and responsibilities of
each level of government.
o Division of Powers: Powers are shared between the central authority and regional
governments.
o Dual System of Government: Both central and state governments exist
independently, each with its jurisdiction.
o Supremacy of the Constitution: The constitution is the supreme law, and any
law inconsistent with it is invalid.
o Bicameral Legislature: A legislature with two houses—lower and upper—
representing both central and state interests.
2. Federalism in India
Federalism in India:
India is a federal state, but with a unitary bias. It follows a quasi-federal system, where
the balance of power is tilted toward the central government.
Key Features of Indian Federalism:
Dual Polity: India has a dual system of governance—Central Government (Union
Government) and State Governments.
Division of Powers:
o The Constitution divides powers between the central and state governments into
three lists:
1. Union List: Matters on which only the central government can legislate
(e.g., defense, foreign affairs).
2. State List: Matters on which only state governments can legislate (e.g.,
police, agriculture).
3. Concurrent List: Matters on which both central and state governments
can legislate (e.g., education, marriage laws).
Residuary Powers: Powers that are not mentioned in any of the three lists belong to the
central government.
Single Constitution: India has a single constitution for both the central and state
governments.
Single Citizenship: All citizens of India have the same citizenship, irrespective of the
state they belong to.
Relationship between Central and State Governance:
Central Government has more powers, especially in matters of national importance.
The Governor represents the central government at the state level and can intervene in
state matters.
The President of India can dissolve the state legislative assemblies and impose
President's Rule in case of failure of governance.
Supremacy of the Union: During emergencies, the central government’s powers
increase, making the system more unitary.
3. The Three Pillars of Indian Governance: Parliament, Executive, and Judiciary
Parliament (Legislature):
Definition: The Parliament of India is the supreme legislative body, consisting of two
houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
Role and Functions:
o Law-making: Parliament enacts laws on subjects in the Union List and
Concurrent List.
o Debating Policies: Parliament debates national policies and issues of national
importance.
o Check on Executive: Parliament holds the executive accountable through
discussions, questions, and debates.
o Control over Finance: Parliament approves budgets and financial policies.
Composition:
1. Lok Sabha (House of the People):
Directly elected by the people through general elections (from
constituencies).
Maximum members: 552.
2. Rajya Sabha (Council of States):
Indirectly elected by state legislatures and nominated members.
Maximum members: 250.
Executive:
Definition: The executive is responsible for implementing laws and policies. It consists
of the President, the Council of Ministers, and the bureaucracy.
Role and Functions:
o Policy Execution: The executive implements laws and policies passed by
Parliament.
o Administration: It oversees the administration of the country, including defense,
law and order, and foreign relations.
o Decision Making: The executive is responsible for making decisions related to
national governance.
Structure:
o President: The ceremonial head of state and the formal head of the executive.
o Prime Minister: The head of the government and leader of the largest party in the
Lok Sabha.
o Council of Ministers: Ministers appointed by the President on the
recommendation of the Prime Minister.
o Bureaucracy: Civil servants and officials who execute the laws and policies.
Judiciary:
Definition: The Judiciary in India is independent of both the legislature and executive. It
interprets laws and ensures justice.
Role and Functions:
o Interpretation of Laws: The judiciary interprets and applies laws in specific
cases.
o Judicial Review: It reviews laws passed by Parliament and state legislatures to
ensure they are in conformity with the Constitution.
o Protection of Fundamental Rights: The judiciary protects the rights of citizens
and ensures justice.
o Dispute Resolution: The judiciary resolves disputes between individuals,
between states, and between the center and states.
Structure:
1. Supreme Court of India: The highest court of the land, with the Chief Justice
and other judges.
2. High Courts: Each state has a High Court, which deals with state matters and
appeals from lower courts.
3. Lower Courts: District and sessions courts at the local level that deal with
general cases.
4. Roles of the Election Commission in India
Definition:
The Election Commission of India is an autonomous constitutional authority
responsible for administering elections to the Parliament, State Legislatures, and the
offices of the President and Vice President of India.
Key Roles and Functions:
Conducting Elections:
o Organizes and oversees elections for the Lok Sabha, Rajya Sabha, and State
Legislative Assemblies.
o Manages the election process, from voter registration to the counting of votes.
Supervising Electoral Rolls:
o Ensures that voter lists are updated regularly and are accurate.
o Ensures that every citizen who is eligible to vote is included in the electoral roll.
Ensuring Free and Fair Elections:
o Monitors the conduct of elections to ensure transparency and fairness.
o Ensures the implementation of the Model Code of Conduct (MCC) during
election periods.
Delimitation of Constituencies:
o Determines the boundaries of electoral constituencies based on population data to
ensure equal representation.
Regulating Political Parties:
o Registers political parties and monitors their compliance with the rules governing
election campaigns and financing.
Ensuring Proper Campaign Conduct:
o Oversees the campaign process, ensuring that the candidates and parties adhere to
the law, particularly concerning the use of money and media.
By-elections:
o Conducts by-elections in cases where seats become vacant in the legislative
bodies.
Independence:
The Election Commission is independent of the government and ensures impartiality in
conducting elections.
