Polity

Historical background (in brief)

• Regulating Act 1773 (first step to control the East India Company); Pitt's India Act 1784; Charter Acts of 1813, 1833, 1853; Government of India Act 1858 (the Crown took over; Viceroy); Indian Councils Acts 1861, 1892, 1909 (Morley–Minto: separate electorates); Government of India Act 1919 (Montagu–Chelmsford: dyarchy in provinces); Government of India Act 1935 (provincial autonomy, federation, a Federal Court, bicameralism — a large part of the Constitution's structure is drawn from it); Indian Independence Act 1947.
• Nehru Report (1928) — the first attempt by Indians to draft a constitution; Objectives Resolution moved by Jawaharlal Nehru on 13 December 1946 (adopted 22 January 1947), which became the basis of the Preamble.
• Cabinet Mission Plan (1946) proposed the Constituent Assembly.

The Constituent Assembly

Original Constitution: 395 Articles, 22 Parts and 8 Schedules. Now: about 470 Articles (numbering with additions such as 21A, 243A), 25 Parts and 12 Schedules (after amendments). The original copies were handwritten by Prem Behari Narain Raizada in italic calligraphy, and decorated by Nandalal Bose and artists of Shantiniketan; the original is kept in Parliament House (helium-filled cases).

Other committees

• Union Powers Committee (Nehru), Union Constitution Committee (Nehru), Provincial Constitution Committee (Sardar Patel), Fundamental Rights and Minorities Committee (Patel), Rules of Procedure (Rajendra Prasad), Steering Committee (K. M. Munshi and others), States Committee (Nehru).

Sources of the Constitution

The Preamble

Text (summary): 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.

• The words "Socialist", "Secular" and "Integrity" were added by the 42nd Amendment Act, 1976 (during the Emergency). The Preamble has been amended only once.
• The source of authority is "We, the people"; the aim is the four objectives (justice, liberty, equality, fraternity).
• Key words: Sovereign — independent externally and internally; Socialist — democratic socialism (a mixed economy); Secular — no state religion, equal respect for all religions; Democratic — government by the people (universal adult franchise); Republic — head of state (the President) is elected, not hereditary.
• Is the Preamble part of the Constitution? In Berubari Union case (1960) the Supreme Court held that the Preamble is not a part of the Constitution; in Kesavananda Bharati v. State of Kerala (1973) it held that it is a part and can be amended (but the basic structure cannot be destroyed). In the LIC of India case (1995) the Court reaffirmed it. The Preamble is not enforceable in courts and is neither a source of power nor a limitation on it.
• Nani Palkhivala called the Preamble the "identity card of the Constitution"; K. M. Munshi called it the "horoscope of our sovereign democratic republic".

The Union Executive

The Union Executive consists of the President, the Vice-President, the Prime Minister and the Council of Ministers, and the Attorney General of India. India has a parliamentary system: the President is the nominal (constitutional) head; the real executive power lies with the Council of Ministers headed by the Prime Minister (Article 74 — the President must act on the aid and advice of the Council, and after the 42nd/44th Amendments may ask it to reconsider once).

The President (Articles 52–62)

• Article 52: there shall be a President of India. Article 53: the executive power of the Union is vested in the President, exercised directly or through subordinate officers.
• Qualifications (Article 58): citizen of India; completed 35 years; qualified for election as a member of the Lok Sabha; not holding any office of profit.
• Election (Article 54–55): by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States (and of the Union Territories of Delhi and Puducherry). Nominated members and members of Legislative Councils do not vote. The election follows the system of proportional representation by means of the single transferable vote, with a secret ballot. The value of votes is set so that there is parity between the states and the Union (uniformity of representation). The Election Commission conducts it. Candidates must be proposed by 50 electors and seconded by 50 electors; the security deposit is ₹15,000.
• Oath (Article 60): administered by the Chief Justice of India (or, in his absence, the senior-most judge of the Supreme Court).
• Term (Article 56): 5 years; eligible for re-election (any number of times; the US has a two-term limit). Resignation to the Vice-President. Vacancy must be filled within 6 months.
• Impeachment (Article 61): for violation of the Constitution; a resolution moved in either House (with a notice signed by one-fourth of the members and given 14 days in advance) must be passed by two-thirds of the total membership of that House, then by the other House likewise. No President has been impeached so far.
• Salary: ₹5 lakh per month (from 2018; check the latest); pension and allowances; the Vice-President ₹4 lakh. The Constitution and the Second Schedule fix the emoluments; they can't be reduced during the term.

Powers of the President

• Pocket veto — India's President can exercise it because there is no time limit for giving assent (Zail Singh used it on the Indian Post Office (Amendment) Bill 1986).
• Presidents of India: Dr Rajendra Prasad (1950–62; the only one to serve two terms), S. Radhakrishnan, Zakir Husain (died in office), V. V. Giri (acted, then elected), Fakhruddin Ali Ahmed (died in office), Neelam Sanjiva Reddy (the youngest at election), Giani Zail Singh, R. Venkataraman, Shankar Dayal Sharma, K. R. Narayanan, A. P. J. Abdul Kalam, Pratibha Patil (the first woman), Pranab Mukherjee, Ram Nath Kovind, Droupadi Murmu (the 15th; the first tribal woman; took office 25 July 2022).

The Vice-President (Articles 63–71)

• Qualification: citizen; 35 years; qualified for election to the Rajya Sabha; no office of profit.
• Election: by an electoral college of members of both Houses of Parliament (elected and nominated) — the state assemblies do not participate; by proportional representation and single transferable vote.
• Term: 5 years; removed by a resolution of the Rajya Sabha passed by a majority of its members and agreed by the Lok Sabha (14 days' notice).
• Ex-officio Chairman of the Rajya Sabha (no vote except a casting vote in a tie). Acts as President during the President's absence, illness or vacancy (for up to six months while a new President is elected). The VP's oath is administered by the President.

Structure of the judiciary

India has a single integrated judicial system with a three-tier hierarchy:

Supreme Court (apex) → High Courts (state level) → Subordinate courts (district courts and below).

The Constitution makes the judiciary independent to protect the rights of citizens and enforce the Constitution: security of tenure and salary, appointment by the executive in consultation with judges (the collegium), separation of the judiciary from the executive (Article 50), the power of contempt, and expenditure of the Supreme Court charged on the Consolidated Fund of India (not voted on by Parliament).

The Supreme Court (Part V, Chapter IV, Articles 124–147)

• Established on 28 January 1950 (two days after the Constitution came into force); it replaced the Federal Court of India (1937) and the Privy Council's jurisdiction (abolished in 1949). It sat first in the Chamber of Princes in the old Parliament building; the present building on Tilak Marg, New Delhi was inaugurated in 1958.
• Strength: the Constitution originally provided for 8 judges (a Chief Justice and 7 others); Parliament increased it: 11 (1956), 14 (1960), 18 (1977), 26 (1986), 31 (2008) — and now 34 judges (including the Chief Justice), fixed by the Supreme Court (Number of Judges) Amendment Act 2019.
• Seat: Delhi, and other places as decided by the Chief Justice with the President's approval.

Appointment and qualifications

• Chief Justice of India (CJI) and other judges are appointed by the President (Article 124). By convention, the seniormost judge is appointed CJI. The Collegium system, evolved through the Three Judges Cases (S. P. Gupta 1981, Second Judges Case 1993, Third Judges Case 1998), means that the CJI and the four seniormost judges recommend the appointments; the executive's role is to act on the recommendation. The 99th Amendment (2014) created the National Judicial Appointments Commission (NJAC), but the Supreme Court struck it down in 2015 (the Fourth Judges Case) as violating judicial independence and the basic structure.
• Qualifications: a citizen of India and (a) a High Court judge for at least 5 years, or (b) an advocate of a High Court for at least 10 years, or (c) a distinguished jurist in the President's opinion.
• Oath: by the President (or a person appointed by him).
• Retirement age: 65 years. Removal: by the President on an address by both Houses of Parliament, supported by a special majority (two-thirds of those present and voting and a majority of the total membership) on the ground of proved misbehaviour or incapacity (Judges Inquiry Act 1968); no judge has been removed yet (the proceedings against Justice V. Ramaswami in 1993 failed in the Lok Sabha).
• Post-retirement practice: a retired judge cannot practise before any court in India (Article 124(7)), but ad hoc and retired judges may be asked to sit; ad hoc judges (Article 127) and acting Chief Justice (Article 126).
• Salary: fixed by Parliament; the CJI ₹2.80 lakh and other judges ₹2.50 lakh per month (as revised in 2018; check the latest).
• Chief Justices of India: H. J. Kania (first, 1950); M. Patanjali Sastri; M. Hidayatullah (the first Muslim CJI); Y. V. Chandrachud (the longest-serving, about 7½ years, 1978–85); Fathima Beevi (the first woman judge of the Supreme Court, 1989); K. G. Balakrishnan (the first Dalit CJI); D. Y. Chandrachud (2022–24); Sanjiv Khanna (2024–25); B. R. Gavai (2025), followed by Surya Kant (from late 2025) (check the current CJI).

Jurisdiction and powers

Judicial activism — the Court's proactive role (PILs on environment, prisoners' rights, corruption). Judicial restraint — deference to the legislature. Judicial overreach is a criticism.

Public Interest Litigation (PIL)

PIL is a legal action for the public good, by anyone (even by a letter or postcard — epistolary jurisdiction), relaxing the rule of locus standi. It was pioneered by Justices P. N. Bhagwati and V. R. Krishna Iyer in the 1980s (Hussainara Khatoon case 1979 on undertrials; S. P. Gupta 1981). Areas: environment (M. C. Mehta), bonded labour (Bandhua Mukti Morcha), custodial violence, sexual harassment (Vishaka), Right to Food. Frivolous PILs attract costs.

Local self-government

Local self-government means the administration of local affairs by elected local bodies. It is the third tier of government in India. The Directive Principle in Article 40 directs the State to organise village panchayats. Local government is a State subject (Entry 5 of the State List), but the 73rd and 74th Amendments gave it constitutional status.

Evolution

Panchayati Raj — the 73rd Amendment (Part IX)

Key provisions

• Gram Sabha (Article 243A): all adult members of the village on the electoral roll; the foundation of the Panchayati Raj system; meets at least twice a year (many states hold it more).
• Three-tier system in states with a population over 20 lakh: Gram Panchayat (village), Panchayat Samiti / intermediate (block), Zila Parishad (district). States with a population below 20 lakh may have only two tiers.
• Direct elections to all seats at all levels; the chairperson at the intermediate and district levels is elected indirectly (by the elected members); at the village level, as the state law provides.
• Reservation of seats (Article 243D): for SCs and STs in proportion to their population; at least one-third of the seats (including those reserved for SC/ST) for women; one-third of the offices of chairpersons for women. (Many states, such as Bihar (1st in 2006), Madhya Pradesh, Himachal, Rajasthan, Uttarakhand, Kerala, etc., have increased it to 50 %.) OBC reservation as per the state law.
• Fixed term of five years; if dissolved, fresh elections must be held within six months.
• State Election Commission (Article 243K): conducts the elections to the Panchayats (and the municipalities); appointed by the Governor.
• State Finance Commission (Article 243I): constituted every five years by the Governor to review the financial position of the Panchayats and recommend the sharing of taxes and grants.
• Eleventh Schedule: lists 29 subjects for the Panchayats (agriculture, land improvement, minor irrigation, animal husbandry, fisheries, social forestry, minor forest produce, small-scale and cottage industries, drinking water, roads, rural housing, rural electrification, non-conventional energy, poverty alleviation, education, technical and vocational education, adult education, libraries, cultural activities, markets and fairs, health and sanitation, family welfare, women and child development, social welfare, public distribution system, maintenance of community assets and so on).
• District Planning Committee (Article 243ZD): consolidates plans of the Panchayats and municipalities for the whole district.
• Exemptions (Article 243M): the Scheduled Areas and tribal areas (Fifth and Sixth Schedule), and some states (Nagaland, Meghalaya, Mizoram), the hill areas of Manipur, and Darjeeling (West Bengal).
• Sources of revenue: taxes, duties, tolls and fees, grants-in-aid from the state, and assigned revenues.

The three tiers

(Names differ between states — for example, "Anchalik Panchayat" in Assam, "Mandal Praja Parishad" in Andhra/Telangana.)

Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA)

• Extends the Panchayat provisions to the Fifth Schedule Areas in 10 states (Andhra, Telangana, Chhattisgarh, Gujarat, Himachal, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan).
• Empowers the Gram Sabha — to safeguard the community resources, approve plans, control over minor forest produce, minor water bodies, prevent land alienation, and the consultation before land acquisition.
• Dileep Singh Bhuria Committee (1994) recommended it. Called the "tribal self-rule" law.

Other developments

• Article 243G: powers, authority and responsibilities of Panchayats — economic development and social justice.
• Rajiv Gandhi pushed for the 64th Amendment Bill (1989; defeated in the Rajya Sabha); P. V. Narasimha Rao's government passed the 73rd and 74th.
• Ministry of Panchayati Raj (established 2004). Panchayat Awards (Rajiv Gandhi Panchayat Sashaktikaran Puraskar). e-Gram Swaraj portal and the Gram Panchayat Development Plan (GPDP) — People's Plan Campaign. Rashtriya Gram Swaraj Abhiyan (RGSA) and SVAMITVA (drone mapping of village property).
• MGNREGA (2005) — guarantees 100 days of wage employment to rural households; the Gram Panchayat implements at least half the works. Swachh Bharat (Gramin), PM Awas Yojana (Gramin), Jal Jeevan Mission, PMGSY, DAY-NRLM are implemented through the Panchayats.
• Vidya Panchayat, Nyaya Panchayats (village courts; 2 in some states).