Indian Polity

INDIAN POLITY 📜

1. The Historical Timeline (Company to Crown)

  • 1773: Regulating Act

    • Foundation of central administration.

    • Designated the Governor of Bengal as the "Governor-General of Bengal" (Warren Hastings).

    • Created the first Supreme Court at Calcutta (1774).

  • 1784: Pitt’s India Act

    • Established the dual system of control.

    • Distinguished between commercial functions (Court of Directors) and political functions (Board of Control).

  • 1833: Charter Act

    • Final step towards centralization.

    • Made the Governor-General of Bengal the "Governor-General of India" (Lord William Bentinck).

    • Completely ended the East India Company's commercial activities.

  • 1858: Government of India Act (The Good Government Act)

    • Triggered by the 1857 Revolt.

    • Abolished the East India Company entirely.

    • Transferred powers directly to the British Crown, creating the office of the Viceroy (Lord Canning) and the Secretary of State for India.

  • 1909: Indian Councils Act (Morley-Minto Reforms)

    • Introduced the system of communal representation, accepting the separate electorate for Muslims.

    • Lord Minto is known as the Father of Communal Electorate.

  • 1919: Government of India Act (Montagu-Chelmsford Reforms)

    • Introduced Dyarchy (dual rule) at the provincial level (Transferred and Reserved subjects).

    • Introduced bicameralism at the centre.

  • 1935: Government of India Act

    • Absolute blueprint for the current Constitution.

    • Introduced provincial autonomy (ending dyarchy in provinces).

    • Established a Federal Court (which became the Supreme Court).

    • Divided powers into Federal, Provincial, and Concurrent lists.

2. The Making of the Constitution (The Core Timeline)

  • 1934: M.N. Roy proposes the idea of a Constituent Assembly for the first time.

  • 1935: The Indian National Congress (INC) demands a Constituent Assembly.

  • 1940 (August Offer): The British accept the demand "in principle."

  • 1946 (Cabinet Mission Plan): The Constituent Assembly is officially formed.

    • Formulated by the Cabinet Mission (Lord Pethick-Lawrence, Sir Stafford Cripps, A.V. Alexander).

    • Crucial Dates of the Assembly:

    • December 9, 1946: First meeting held; Dr. Sachchidananda Sinha elected as temporary President.

    • December 11, 1946: Dr. Rajendra Prasad is elected as permanent President, H.C. Mukherjee and V.T. Krishnamachari as Vice-Presidents; Sir B.N. Rau appointed as Constitutional Advisor.

    • December 13, 1946: Jawaharlal Nehru moves the "Objective Resolution," laying down philosophical fundamentals of the constitutional structure, which later becomes the Preamble.

    • July 22, 1947: Adopted the National Flag.

    • November 26, 1949: Constitution officially adopted and enacted (provisions like Citizenship and Elections came into force immediately).

    • January 24, 1950: Final session of the Assembly; adopted the National Anthem and National Song; elected Dr. Rajendra Prasad as first President of India.

    • January 26, 1950: Constitution officially comes into force (Republic Day), chosen to honor the "Purna Swaraj" declaration of 1930.

3. Major Committees & Their Chairmen

  • Drafting Committee: Dr. B.R. Ambedkar (Set up on August 29, 1947; consisted of 7 members).

  • Union Powers Committee: Jawaharlal Nehru.

  • Union Constitution Committee: Jawaharlal Nehru.

  • States Committee: Jawaharlal Nehru (Committee for negotiating with states).

  • Provincial Constitution Committee: Sardar Vallabhbhai Patel.

  • Advisory Committee on Fundamental Rights, Minorities and Tribal Areas: Sardar Vallabhbhai Patel.

  • Steering Committee: Dr. Rajendra Prasad.

4. The Preamble (Quotes and Amendments)

  • Origin: Based on Nehru's "Objective Resolution."

  • Only Amendment: The Preamble has been amended only once—by the 42nd Constitutional Amendment Act (1976). It added:

    • Socialist.

    • Secular.

    • Integrity.

  • Famous Definitions & Quotes:

    • K.M. Munshi: Called it the "Horoscope of our sovereign democratic republic."

    • Pandit Thakur Das Bhargava: Called it the "Soul of the Constitution" and the "Jewel set in the Constitution."

    • Sir Ernest Barker: Described it as the "Key-note" to the Constitution.

    • N.A. Palkhivala: Called it the "Identity card of the Constitution."

5. Salient Features, Parts, Articles and Schedules

1. The Salient Features (The Conceptual Traps)

  • Lengthiest Written Constitution: Originally contained 395 Articles, 22 Parts, and 8 Schedules; most comprehensive due to vast diversity and inclusion of Central and State administrative details.

  • Federal System with Unitary Bias: The term "Federation" is not used; Article 1 describes India as "Union of States."

    • K.C. Wheare: Called Indian Constitution "Quasi-Federal."

    • Granville Austin: Called it "Cooperative Federalism."

  • Blend of Rigidity and Flexibility: It is neither wholly rigid (like the USA), nor entirely flexible (like the UK). Article 368 provides two types of special majorities for amendments.

  • Synthesis of Parliamentary Sovereignty and Judicial Supremacy: The Supreme Court can declare parliamentary laws unconstitutional (Judicial Review), while Parliament can amend most of the Constitution.

  • Single Citizenship: India offers only single national citizenship, unlike USA's dual citizenship.

  • Independent Bodies: Constitution establishes legislative, executive, judicial organs, and specific independent bodies like the Election Commission, CAG, UPSC/SPSC.

2. The Numbers Game: Original vs. Current

  • Original (1949): 395 Articles, 22 Parts, 8 Schedules.

  • Current (2024): Approximately 470 Articles, 25 Parts, 12 Schedules.

    • New articles have alphanumeric suffixes (e.g., 21A, 51A).

    • Last numbered article remains at 395; last numbered part is XXII (22).

3. The 12 Schedules (The Ultimate Memorization Hack)

  • T - Territories & States (Schedule 1): Names and territorial jurisdiction of States and UTs.

  • E - Emoluments (Schedule 2): Salaries of President, Governors, Judges, CAG (Note: PM and Chief Minister NOT listed).

  • A - Affirmations & Oaths (Schedule 3): Exact wording of oaths for Union/State Ministers, MPs, MLAs, and Judges.

  • R - Rajya Sabha (Schedule 4): Allocation of seats in Rajya Sabha to States and UTs.

  • S - Scheduled Areas (Schedule 5): Administration of Scheduled Areas and Tribes.

  • O - Other Tribal Areas (Schedule 6): Administration of tribal areas specifically in Assam, Meghalaya, Tripura, Mizoram; Manipur NOT included.

  • F - Federal Provisions / Lists (Schedule 7): Division of powers between Union List, State List, and Concurrent List.

  • O - Official Languages (Schedule 8): Recognizes 22 languages (added languages include Sindhi, Konkani, Manipuri, Nepali, Bodo, Dogri, Maithili, Santhali).

  • L - Land Reforms (Schedule 9): Added by the 1st Amendment (1951); laws here were initially immune from judicial review.

  • D - Defection (Schedule 10): Anti-Defection Law; added by the 52nd Amendment (1985).

  • P - Panchayats (Schedule 11): Contains 29 functional items; added by the 73rd Amendment (1992).

  • M - Municipalities (Schedule 12): Contains 18 functional items; added by the 74th Amendment (1992).

4. The High-Yield Parts of the Constitution

  • Part I: Union & Its Territory (Articles 1-4)

  • Part II: Citizenship (Articles 5-11)

  • Part III: Fundamental Rights (Articles 12-35) (Magna Carta of India).

  • Part IV: Directive Principles of State Policy - DPSP (Articles 36-51)

  • Part IVA: Fundamental Duties (Article 51A) - Added by 42nd Amendment (1976).

  • Part V: The Union Government (Articles 52-151)

  • Part VI: The State Governments (Articles 152-237)

  • Part IX: The Panchayats (Articles 243 to 243O)

  • Part IXA: The Municipalities (Articles 243P to 243ZG)

  • Part IXB: The Co-operative Societies - Added by 97th Amendment (2011).

  • Part XI: Centre-State Relations (Articles 245-263)

  • Part XV: Elections (Articles 324-329A)

  • Part XVIII: Emergency Provisions (Articles 352-360)

  • Part XX: Amendment of the Constitution (Article 368).

6. Amendments ⚙

1. The Mechanism: Article 368

  • Location: Part XX, Article 368.

  • Borrowed From: South Africa.

  • Three Ways to Amend:

    • Simple Majority: Basic changes like creating a new state (Article 3) or abolishing a State Legislative Council (Article 169).

    • Amendments made by simple majority are NOT considered under Article 368.

    • Special Majority: (2/3rd members present and voting + absolute majority of total membership); used for Fundamental Rights and DPSP.

    • Special Majority + Ratification by Half the States: Used for altering federal structure, e.g., GST, election of President.

2. The "Big Two": 42nd vs. 44th Amendment

  • 42nd Amendment Act (1976):- "The Mini-Constitution" added:

    • Preamble: Added three words: Socialist, Secular, Integrity.

    • Fundamental Duties: Added Part IVA (Article 51A) on recommendation of Swaran Singh Committee.

    • Power Shift: Made President strictly bound by advice of Cabinet.

    • Lists: Shifted 5 subjects from State List to Concurrent List (including Education, Forests).

  • 44th Amendment Act (1978): - "The Correction"

    • Property Rights: Demoted Right to Property from a Fundamental Right (Article 31) to legal right (Article 300A).

    • Emergency Provisions: Changed "Internal Disturbance" to "Armed Rebellion".

    • Cabinet Advice: Allowed President to send Cabinet's advice back for reconsideration once.

3. The TNPSC "Hit-List" (Chronological Milestones)

  • 1st Amendment (1951): Added Ninth Schedule to protect land reform laws.

  • **7th Amendment (195