Indian Polity and Constitution

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".

Fundamental Rights (Part III, Articles 12–35)

Fundamental Rights are the basic human rights guaranteed by the Constitution to all citizens (some to all persons). They are justiciable (enforceable in court) and are limitations on the State. They are called the Magna Carta of India. They are not absolute; reasonable restrictions may be imposed.

• Article 12: defines "State" — the Government and Parliament of India, the Government and legislature of each state, and all local and other authorities within the territory of India (including PSUs and bodies under government control).
• Article 13: laws inconsistent with fundamental rights are void — the basis of judicial review. "Law" includes ordinances, orders, bye-laws, customs. Article 13 also carries the doctrine of eclipse, severability and waiver.

Six rights

(The Right to Property — earlier Article 31 — was removed from the fundamental rights by the 44th Amendment 1978 and made a legal right under Article 300A.)

1. Right to Equality (Articles 14–18)

• Article 14: equality before the law (a British concept — no one is above the law) and equal protection of the laws (an American concept — like treatment for those in like circumstances). It applies to all persons, and permits reasonable classification.
• Article 15: prohibits discrimination on grounds of religion, race, caste, sex or place of birth in access to shops, restaurants, wells, roads and so on; permits special provisions for women, children, SCs, STs and socially and educationally backward classes (15(4), 15(5)), and for the economically weaker sections (EWS) (15(6), 103rd Amendment).
• Article 16: equality of opportunity in public employment; allows reservation for backward classes (16(4)), promotion for SC/ST (16(4A)) and EWS (16(6)). (Indra Sawhney v. Union of India, 1992 — the Mandal Commission case — upheld 27 % OBC reservation, held that total reservation should not exceed 50 %, and introduced the "creamy layer" concept.)
• Article 17: abolition of untouchability; its practice is an offence (Protection of Civil Rights Act 1955; SC/ST (Prevention of Atrocities) Act 1989).
• Article 18: abolition of titles (except military and academic); citizens cannot accept titles from foreign states. (Bharat Ratna and Padma awards are not "titles" — Balaji Raghavan case, 1996.)

2. Right to Freedom (Articles 19–22)

• Article 19 guarantees six freedoms to citizens: (a) speech and expression; (b) assemble peaceably without arms; (c) form associations or unions (and cooperative societies, added by 97th Amendment); (d) move freely throughout India; (e) reside and settle in any part; (g) practise any profession or carry on any occupation, trade or business. (The right to acquire, hold and dispose of property — 19(1)(f) — was deleted by the 44th Amendment.) Reasonable restrictions are allowed on grounds like sovereignty and integrity, security of the State, public order, decency and morality, contempt of court, defamation, incitement to an offence. Freedom of the press flows from 19(1)(a) (Romesh Thappar case).
• Article 20: protection in respect of conviction for offences — (a) no ex-post-facto law (no punishment under a law made after the act), (b) no double jeopardy (no prosecution and punishment twice for the same offence), (c) no self-incrimination (no one compelled to be a witness against oneself).
• Article 21: protection of life and personal liberty — "No person shall be deprived of his life or personal liberty except according to procedure established by law." The Supreme Court expanded it: in Maneka Gandhi v. Union of India (1978) the procedure must be fair, just and reasonable; it covers the right to livelihood (Olga Tellis), privacy (Puttaswamy, 2017 — a fundamental right), speedy trial, clean environment, health, dignity, shelter, free legal aid, education, sleep, speedy justice, and many others. Article 21A (86th Amendment, 2002): free and compulsory education for children aged 6–14 (implemented through the RTE Act 2009).
• Article 22: protection against arbitrary arrest and detention — the right to be informed of grounds, consult a lawyer, and to be produced before a magistrate within 24 hours (not counting travel time). These do not apply to enemy aliens and to persons detained under preventive detention laws; preventive detention beyond three months needs an Advisory Board.

3. Right against Exploitation (Articles 23–24)

• Article 23: prohibits human trafficking, forced labour (begar) and similar forms; allows compulsory service for public purposes (national service).
• Article 24: prohibits employment of children below 14 in factories, mines or hazardous work. (Later laws: the Child Labour (Prohibition and Regulation) Amendment Act 2016 prohibits work under 14 and hazardous work under 18.)

4. Right to Freedom of Religion (Articles 25–28)

• Article 25: freedom of conscience and the right to profess, practise and propagate religion (subject to public order, morality and health); the Sikhs' right to wear and carry kirpans is included; Hindu includes Sikhs, Jains, Buddhists for the purpose of social reform.
• Article 26: right of every religious denomination to manage its own religious affairs and property.
• Article 27: no person shall be compelled to pay taxes for the promotion of any particular religion.
• Article 28: no religious instruction in State-funded educational institutions (allowed in institutions administered by endowments and in private institutions with consent).

5. Cultural and Educational Rights (Articles 29–30)

• Article 29: protection of the interests of minorities — any section of citizens with a distinct language, script or culture has the right to conserve it; no denial of admission to state-aided institutions on grounds of religion, race, caste or language.
• Article 30: the right of all minorities (religious or linguistic) to establish and administer educational institutions of their choice.

6. Right to Constitutional Remedies (Article 32)

Dr B. R. Ambedkar called Article 32 the "heart and soul of the Constitution". A person whose fundamental right is violated may go directly to the Supreme Court. The Supreme Court has the power to issue writs; High Courts can issue writs under Article 226 (a wider power, also for ordinary legal rights).

• Suspension of fundamental rights: during a National Emergency (Article 359), the right to move the court for enforcement of some rights may be suspended; Article 19 is automatically suspended during a war or external aggression emergency (Article 358). Article 20 and 21 cannot be suspended (44th Amendment).
• Public Interest Litigation (PIL): introduced by Justice P. N. Bhagwati and Justice V. R. Krishna Iyer in the 1980s; relaxation of locus standi.
• Article 33: Parliament can restrict rights of the armed forces and police; Article 34: martial law; Article 35: Parliament alone can make laws to give effect to fundamental rights.

Landmark cases on fundamental rights

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.