Indian Polity - Lecture 1: Constitutional Foundations and Federalism

Vocabulary flashcards covering key constitutional concepts, structures, and debates discussed in the first Indian polity lecture.

Constitution

The supreme law of the land with special legal sanctity; a document of the people’s faith and aspirations that lays down the basic rules, structure, and limits on government power.

Written Constitution

A codified constitution, written in a single document; examples include India and the United States.

Unwritten Constitution

A constitution not codified in one document; relies on laws, conventions, and judicial decisions; Parliament/Conventions often treated as constitutional norms (e.g., United Kingdom).

Sui Generis

Unique to India; the Indian constitution is described as sui generis—neither purely federal nor purely unitary.

Unitary Constitution

Powers are concentrated in a strong center; the center can delegate or snatch powers from states.

Federal Constitution

Power is distributed between center and states; features a written, often rigid constitution and an independent judiciary.

Dual Government

Two autonomous governments—center and states—each with its own sphere of power, characteristic of federal systems.

Distribution of Powers

Powers are allocated among Union List, State List, and Concurrent List; central and state legislatures legislate within their domains.

Delegation vs Distribution

Delegation temporarily assigns powers from the center; distribution permanently divides powers between center and states; the center retains overriding authority over delegated powers.

Rigidity

Constitutional amendments are not by ordinary acts; require higher majorities and sometimes state ratification; not easily changed.

Flexible Rigidity

Some provisions amendable by simple majority; others require special majority or state ratification; a mix of flexible and rigid elements.

Independent Judiciary

Judiciary operates independently of the legislature and executive; appointment/removal and tenure protections uphold independence.

Checks and Balances

Interlocking constraints among branches to prevent power concentration; each branch can review or constrain others.

Separation of Powers

Montesquieu’s idea of dividing legislative, executive, and judiciary; in India’s parliamentary system, executive is drawn from the legislature, so the separation is not absolute.

Constitutional Morality

A normative standard based on constitutional values (liberty, equality, fraternity, justice) guiding public life, sometimes guiding cases like LGBTQ rights.

Basic Structure Doctrine

Parliament cannot erase fundamental features of the Constitution; Kesavananda Bharati v. Kerala established that basic structure cannot be altered.

Preamble

Introductory part outlining the nature and aims of the state; signals the basic principles of the state (to be discussed in depth later).

Quasi-Federalism

India’s federalism with strong central features; sometimes described as “accidental federalism” or federal with unitary bias.

Union List / State List / Concurrent List

Three lists in Schedule Seven that allocate subjects for which Parliament, state legislatures, or both can legislate.

Safe Harbor Protection

Intermediary platforms are protected from liability for user content; if ordered to remove false/defamatory content and fail to do so, protection may be withdrawn.

National Judicial Appointments Commission (NJAC)

Proposed process for appointing judges; struck down as unconstitutional; appointment authority remains with the Collegium; relates to judicial independence.