POLITY

Constitution

 Supreme Law: The Constitution is the highest law of the land, meaning all other
laws must comply with it. If any law conflicts with it, the Constitution wins.
 Government Structure: It sets up the government and defines the roles and
powers of the Legislature (lawmakers), Executive (the government), and
Judiciary (courts).
 Living Document: The Constitution is not rigid; it changes and adapts to meet
new challenges, just like a growing organism. It reflects the values, dreams, and
beliefs of the people at the time it was created and keeps evolving.

Constitutionalism

 Limitations on Power: Constitutionalism means that the government’s powers

are not unlimited. The government is always bound by the Constitution, which
prevents it from acting arbitrarily (without reason or fairness).
 Key Principles:
o Democratic Government: The government is chosen by the people and
must work for the people.
o Limited Government: The government can’t overstep its boundaries; its
powers are restricted by law.
o Rule of Law: Everyone, including the government, must follow the law.
 Reasonable Use of Power: The government is prevented from using power in an
unreasonable or unfair way. Constitutionalism protects citizens’ rights by
ensuring that the government stays within its limits.

Limited Government

 Definition: Limited Government means that the government’s powers are clearly
defined and restricted by the Constitution. This makes sure the government can’t
make unreasonable or arbitrary decisions.
 Rameshwar Prasad Case: The Supreme Court stated that Constitutionalism limits
the government’s power to protect citizens' rights. It ensures that government
actions are not unchecked and that democracy functions properly.
 Why It Matters: Limited government ensures fairness and protects citizens from
abuses of power. It’s essential for a democracy to work well and fairly for
everyone.
Sources of the Constitution

1. Indigenous Sources:
o Historical Influence: Around 75% of the Indian Constitution was inspired
by the Government of India Act, 1935. This act was the British law that
governed India before independence, and many of its provisions were
adopted into the Indian Constitution.
o Panchayati Raj System: The idea of local self-governance, or the
Panchayati Raj System, comes from India’s own history of village councils
and community-based decision-making.
2. External Sources:
o The Indian Constitution also drew inspiration from the British
Constitution, American Constitution, and other global legal systems. For
example:
 The British influence is seen in the idea of a parliamentary system.
 The American Constitution’s Bill of Rights inspired India’s
protections of fundamental rights.

1. Sources of the Indian Constitution

A. Indigenous (Indian) Sources

India already had a history of governance before the British. Many elements of the
Constitution come from past experiences.

🔹 Village Panchayats – Ancient India had a system of local self-government

(Panchayati Raj). This idea was included in the Constitution under Directive Principles
of State Policy (DPSP).
🔹 Demand for Fundamental Rights (1927, Madras Session) – Indian leaders first asked
for Fundamental Rights in 1927 to protect citizens from government misuse of power.
🔹 Karachi Congress Resolution (1931) – Congress passed a resolution demanding:

 Fundamental Rights (basic rights like freedom of speech, equality).

 Fundamental Duties (citizens’ responsibilities like respecting the Constitution and
national symbols).
🔹 Government of India Act, 1935 (75% borrowed) – This British law formed
the base of India’s Constitution. Important features taken:
  Union-State Relations → Dividing powers between Central and State
Governments.
 Emergency Provisions → Centre can take full control in crises.
 Governor’s Role → A state’s Governor represents the President.
 Public Service Commissions → Recruit people for government jobs.

🔹 Memory Tip: Think of the 1935 Act as the "Skeleton" of the Indian Constitution!

B. Foreign Sources

To make India’s Constitution strong, the makers borrowed ideas from different
countries.

Country Features Borrowed Simple Explanation

Ireland - DPSP (Directive Guidelines for the government to

Principles of State Policy) improve people's welfare.
- Method of electing the India’s President is elected through a
President special voting system.
USA - Written Constitution Everything is properly written down.
- Independent Judiciary Courts work without government
interference.
- Judicial Review Courts can cancel unconstitutional laws.
- Preamble Introduction of the Constitution
(justice, liberty, equality, fraternity).
- Fundamental Rights Protects citizens’ basic rights.
- President as Supreme The President controls the armed
Commander forces.
United - Parliamentary System Government is responsible to
Kingdom (UK) Parliament.
- Post of Prime Minister PM is the real head of government.
- Nominal Head (President) President of India is like the UK’s
Queen/King – a ceremonial head.
Canada - Division of Power Power is shared between Centre and
States.
- Residuary Powers to Any unmentioned powers go to the
Centre Central Government.
2. Features of the Indian Constitution

A. Size & Length of the Constitution

World’s Longest Written Constitution → Originally 395 Articles & 8 Schedules, now
470+ Articles, 12 Schedules, 25 Parts.

Why So Long?

 Covers detailed laws so there is no confusion.

 Borrowed laws from many countries.
 India is diverse, so special rules exist for different regions and communities.
 Union-State Relations are well-defined (unlike the USA, where each state has its
own Constitution).

B. Key Features of the Indian Constitution

✅ Fundamental Rights → Basic rights of every citizen (e.g., freedom of speech, right to
equality).
✅ DPSP (Directive Principles of State Policy) → Guidelines for the government to follow
(e.g., free education, equal pay).
✅ Parliamentary System → The President is a ceremonial head, and the Prime Minister
is the real leader.
✅ Judicial Review → The Supreme Court can cancel any law that goes against the
Constitution.
✅ Emergency Provisions → The Centre can take full control of the country in times of
war, rebellion, or financial crisis.

Salient Features of the Indian Constitution

1. Parliamentary or Presidential System:

 India is a republic, which means that its head of state is the President.
 The President has all the executive powers, but these powers are used in his
name by the Council of Ministers (which includes the Prime Minister and other
ministers).
  The President is the Commander-in-Chief of the armed forces but does not have
real power like the US President. He is a nominal head.
 The Prime Minister and the Council of Ministers actually run the government.
They are responsible to the Lok Sabha (the lower house of Parliament).
 India follows the British parliamentary system, where the government stays in
power as long as it has the confidence of the legislature (Parliament). Ex; in
India, the government stays in power only if it has the support of most MPs in
the Lok Sabha. If the majority of MPs withdraw their support, the government
must resign. This ensures that the government is accountable to Parliament and
cannot act independently.
 In contrast, the US follows the Presidential system, where the President is
directly elected and does not depend on the legislature for power.

2. Parliamentary Sovereignty vs Judicial Supremacy:

 In Britain, the Parliament is supreme and can make any law without
restrictions.
 In the US, the Supreme Court is very powerful. It can reject laws made by the
US Parliament (Congress) if they violate the Constitution.
 India follows a middle path, balancing the power of Parliament and Judiciary.
 Judiciary (courts) in India can check and cancel laws that violate the
Constitution.
 Parliament can change many parts of the Constitution, but with some
restrictions.
 Example:
o The Supreme Court can declare a law as unconstitutional if it violates
fundamental rights.
o Parliament, on the other hand, can change the Constitution to some
extent to keep up with modern needs

3. Universal Adult Franchise (Voting Rights for All Adults):

  Every Indian adult has the right to vote, no matter their caste, religion, gender,
or financial status.
 This is called the "one person, one vote, one value" principle.
 This was a big achievement because, in many Western countries, voting rights
were given to people slowly and in stages over time.

4. Fundamental Rights:

 During India's freedom struggle, leaders demanded that all Indians should get
certain basic rights such as freedom, equality, and protection from
discrimination.
 These rights were included in Part III of the Constitution.
 These rights cannot be violated by the government except under reasonable
restrictions (for national security, law and order, etc.).
 Example: Freedom of speech, right to equality, right to education, etc.

5. Directive Principles of State Policy (DPSP):

 These are guidelines for the government to create a better society.

 They are not enforceable by courts, meaning people cannot file a case if these
principles are not followed.
 However, they are very important for running the country.
 Example: Providing free education, equal pay for men and women, and
improving public health.

6. Fundamental Duties:

 Added through the 42nd Amendment Act (1976).

 These are the responsibilities of every Indian citizen.
 Example:
o Respect the national flag and anthem.
o Protect the environment.
o Follow the Constitution and its ideals.
 Just like rights, citizens also have duties. Without duties, rights alone are
meaningless.
7. Citizenship in India:

 India has one single citizenship for all its people, unlike the USA, where people
have separate citizenship for the country and their state.
 Every Indian citizen has equal rights and opportunities.
 Some special protections exist for regions like Jammu & Kashmir and Tribal
Areas.

8. Independent Judiciary (Courts Free from Political Pressure):

 Courts in India are independent and not controlled by the government.

 Judiciary has the power of judicial review, which means it can check and cancel
any government decision or law if it is unconstitutional.
 Supreme Court and High Courts form a single system, covering all types of laws.
 The Supreme Court settles disputes between the Union (Central) Government
and State Governments.
 Its decisions are final and must be followed.

Conclusion:

 The Indian Constitution is unique and does not fully follow any one model.
 It balances different ideas:
o Rigid and flexible – Some parts are difficult to change, while others can
be amended easily.
o Federal and unitary – It gives power to states but keeps the Centre
strong.
o Parliamentary and Presidential – It follows a parliamentary system but
has a strong President.
 The Constitution protects fundamental rights and also aims for economic and
social development.
 Many countries' Constitutions failed after independence, but India’s Constitution
has survived major challenges and remains strong.
Types of Constitution

A Constitution is the set of rules and laws that define how a country is governed. It can
be classified into two types:

1. Written Constitution
2. Unwritten Constitution

1. Written Constitution

 A written constitution is properly arranged in a logical way and recorded in a

single legal document.
 It includes clear rules and laws for governing a country.
 A provision is a clause (or rule) within the constitution that focuses on a
particular issue.
 A written constitution is created by a special body, such as a Constituent
Assembly (a group formed to write a new constitution).
 Examples: The Indian Constitution and the American Constitution are written
constitutions.

2. Unwritten Constitution

 Even though it is "unwritten," it is actually written down, but not in a single

document or in a systematic way.
 It evolves gradually over time and is based on customs, traditions, and
conventions (long-followed practices).
 It is not created by a deliberate decision of the people but develops naturally over
time.
 Example: The British Constitution is an unwritten constitution.
 Differences Between Written and Unwritten Constitution
Written Constitution Unwritten Constitution

The Constitution is supreme (above the Parliament is supreme (above the

government and its branches). Constitution).

The judiciary (courts) has more power. It The judiciary has limited power. It can
can cancel laws made by the government cancel executive decisions but cannot
if they violate the constitution. cancel laws made by Parliament.

Other Types of Constitution

A Constitution can also be classified as:

1. Rigid Constitution
o Difficult to change or amend.
o Example: The U.S. Constitution (changing its rules requires a complex
process).
2. Flexible Constitution
o Can be easily changed by Parliament.
o Unwritten constitutions are always flexible.
o Example: The British Constitution (Parliament can modify it whenever
needed).

Federal and Unitary Constitution

A Constitution can also be classified based on how power is distributed in a country:

Federal Constitution Unitary Constitution

Divides power between the Central One central government holds all the
Government and State Governments. power.
Example: India and the USA Example: Britain
The Unwritten Constitution is always unitary. The Written Constitution can be both
federal and unitary.
Nature of the Indian Constitution

 The Indian Constitution is both rigid and flexible (some rules are difficult to
change, while others can be modified easily).
 It is a written constitution that follows a federal system (dividing power between
central and state governments).
 Example: India has a federal government, but Sri Lanka has a unitary
government, even though both have written constitutions.

Scholars' Views on the Indian Constitution

Different scholars have different opinions about whether India's Constitution is federal
or unitary:

 D.D. Basu: The Indian Constitution is federal.

 P.K. Tripathi: The Indian Constitution is unitary.
 K.C. Wheare: The Indian Constitution is quasi-federal (partly federal and partly
unitary).

What is Quasi-Federal?

 A quasi-federal system means the country follows federal principles but gives
more power to the central government.
 Some Western scholars believe that a true federal system must follow the
American model, but this is not necessarily true because every country's
constitution is unique to its history, culture, and needs.

Features of a Federal Constitution

For a constitution to be federal, it must meet five key conditions:

1. Division of Power – Power must be shared between the central and state
governments.
2. Supremacy of the Constitution – The constitution must be the highest authority.
3. Rigidity of the Constitution – It should not be easy to change.
 4. Must be a Written Constitution – All rules should be recorded in a proper legal
document.
5. Authority of Courts – The judiciary must have the power to settle disputes
between the central and state governments.

Does India Meet These Conditions?

 India has a federal Constitution because it divides power between the central and
state governments.
 However, it also gives more power to the central government, which is why it is
called quasi-federal.

Who Created the Indian Constitution?

 The Drafting Committee was formed on 29th August 1947.

 It was led by Dr. B.R. Ambedkar.
 The committee presented the first draft of the Constitution on 4th November
1948 for discussion.

Important Supreme Court Cases

1. Satpal vs. State of Punjab (1963)

o The Supreme Court said India is more quasi-federal (partly federal,
partly unitary).
2. S.R. Bommai vs. Union of India (1994)
o The Supreme Court ruled that federalism is a part of the "Basic
Structure" of the Indian Constitution.

Why Is There Confusion About India's Constitution?

 Western scholars think the US Constitution is the best model for a federal
system.
 They say a federal system must be like the USA; otherwise, it is not truly federal.
 But every country has a unique constitution based on its history, culture, and
needs.
 So, it's wrong to say India is not federal just because it is different from the USA.
What Makes a Constitution Federal?

For a country to be federal, it must have these 5 important features:

1. Division of Power

 Power is divided between Central Government and State Governments.

 Both Central and State Governments are independent and cannot control each
other.
 Example: India has both Central and State Governments with separate powers.

2. Supremacy of the Constitution

 The Constitution is the highest authority.

 Neither the Central Government nor the State Governments can change it alone.
 Some important parts of the Constitution can be changed only with joint
approval of both Central and State Governments.

🔹 Important Articles that protect division of power:

 Article 54, 55 – Election of the President.

 Article 73 – Powers of the Union Government.
 Article 162 – Powers of the State Government.
 Seventh Schedule – Defines three types of powers:
1. Union List (for the Central Government)
2. State List (for the State Governments)
3. Concurrent List (shared by both)
 Article 368 – Rules for amending the Constitution.

3. Written Constitution

 A federal system must have a written constitution so that rules are clear and
cannot be changed easily.
 Without a written constitution, it would be difficult to divide power properly.
4. Rigidity of the Constitution

 The Constitution cannot be changed easily.

 Amendments require joint approval of the Central and State Governments.
 India’s Constitution is partly rigid and partly flexible.

5. Authority of Courts

 A Supreme Court should be there to solve disputes between the Central and
State Governments.
 The court's decision should be final and binding.

Conclusion: Is India Federal or Not?

 India fulfills all five conditions of a federal country.

 But the Central Government has more power in some cases, making it quasi-
federal.
 So, the Indian Constitution is federal with some unitary features.

Key Differences Between India & Other Federal Countries

 India has many unitary (centralized) features in its Constitution.

 States in India do NOT have their own separate constitutions (Unlike the USA,
where each state has its own).
 No Dual Citizenship – All Indians have only one citizenship, unlike the USA,
where people are citizens of both the country and their state.
 Parliament can change state boundaries (Article 3), but in the USA, state
borders cannot be changed without the state’s permission.

Division of Powers in India (Schedule 7 of the Constitution)

India's Constitution divides powers between the Centre and the States using three lists:

1. Union List (Centre’s Power)

o Only the Central Government can make laws on these subjects.
 o It includes important national topics like defense, foreign affairs, and
railways.
2. State List (State’s Power)
o Normally, only the State Governments can make laws on these subjects.
o Example: Police, Agriculture, and Public Health.
o But in some special cases, the Centre can also make laws on State List
subjects. (Explained below 🔹)
3. Concurrent List (Both Centre & States Can Make Laws)
o Both Centre and State Governments can make laws on these subjects.
o Example: Education, Marriage, and Criminal Laws.
o If there is a conflict, the Central Government’s law will be followed.

When Can the Centre Make Laws on State List Subjects?

The Centre can take control of State subjects in 5 special situations:

1. Article 249 – If Rajya Sabha Agrees for National Interest

o If 2/3rd of Rajya Sabha members vote in favor, the Parliament can make
laws on State subjects for 1 year.
2. Article 250 – During National Emergency
o If there is a National Emergency (Article 352), the Parliament can make
laws on State subjects.
3. Article 252 – When Two or More States Request Parliament
o If two or more States pass a resolution, the Parliament can make laws for
only those States.
4. Article 253 – To Implement International Agreements
o If India signs an international treaty, the Parliament can make laws on
State subjects to follow the agreement.
5. Article 356 – During President’s Rule
o If President’s Rule is imposed in a state, the Parliament can make laws
for that state.

Conclusion: Is India Truly Federal?

India has federal features (Power is divided between Centre & States) But India also
has unitary features (The Centre has more control in special cases).
This makes India a quasi-federal (partly federal, partly unitary) country.
1. Residuary Powers (Article 248)

 What are residuary powers?

These are powers related to subjects that are not mentioned in any of the three
lists (Union, State, or Concurrent).
 Who has these powers?
Parliament (Central Government) has these powers, not the State Government.
 Which country follows the same system?
Canada also gives residuary powers to its central government.

2. Appointment of the Governor (Article 155)

 Who appoints the Governor?

The President of India appoints the Governor of a State.
 Does the President consult the State Government?
No, the President does not have to consult the State Government.
 Who controls the Governor?
The Central Government because the Governor serves at the pleasure of the
President.
 Is the Governor accountable to the State Government?
No, the Governor is not accountable to the State Government.

3. All India Services (IAS, IPS, IFoS)

 What are All India Services?

These services function under both the Central and State Governments.
 Who recruits and controls them?
The Central Government recruits, trains, and appoints them.
 Does the State Government have disciplinary control?
No, the State Government cannot take disciplinary action against them.
 Special Rule (Article 312):
o The Rajya Sabha can pass a resolution allowing Parliament to create a
new All India Service.
4. Financial Emergency (Article 360)

 What happens during a financial emergency?

o The President of India can control financial resources of both the Centre
and the States.
o The Centre can reduce salaries of government employees, including judges.

5. Single and Unified Judiciary

 What does it mean?

o India has one single judiciary for the whole country.
o The Supreme Court controls the High Courts.
 Which Article supports this?
o Article 324: A common Election Commission conducts elections for both
the Parliament and State Legislatures.
o State Election Commissions only conduct elections for Panchayats and
Municipalities.

6. Administrative Directions (Articles 256 & 257)

 Can the Centre give instructions to States?

Yes, the Central Government can direct States on how to maintain railways and
communication systems.
 What if a State does not follow these directions?
o Article 365: If a State does not follow the Centre’s directions, it can be
assumed that the State Government is not functioning properly.
o The Centre can then dismiss the State Government.

7. Unequal Representation in the Rajya Sabha

 Are all States equally represented in the Rajya Sabha?

No, bigger states have more members in the Rajya Sabha than smaller states.
 Example:
o In the USA, every State gets 2 seats in the Senate, no matter how big or
small.
 o In India, representation in the Rajya Sabha is based on population.
 Unique Feature:
o India’s federation is called “Federation Sui Generis”, meaning a federation
of its own kind.

Types of Majority in Parliament

When Parliament passes a law or removes someone from office, different types of
majority are required.

1. Simple Majority

 What is it?
o More than 50% of members present and voting.
 Example:
o Lok Sabha has 545 members.
o If 500 members are present and 485 vote, then
 Simple Majority = 50% of 485 = 243 votes needed.
 Where is this used?
o Passing ordinary bills, money bills, and financial bills.
o Passing a no-confidence motion or confidence motion.
o Electing the Speaker/Deputy Speaker of Lok Sabha.
o Approving President’s Rule or a financial emergency.

2. Absolute Majority

 What is it?
o More than 50% of the total strength of the house.
 Example:
o Lok Sabha has 545 seats.
o Absolute Majority = 50% of 545 = 273 votes needed.
 Where is this used?
o Formation of a stable government.

3. Effective Majority

 What is it?
o More than 50% of the effective strength (excluding vacant seats).
  Example:
o Rajya Sabha’s total strength = 245 members.
o If 8 seats are vacant, then effective strength = 237.
o Effective Majority = 50% of 237 = 119 votes needed.
 Where is this used?
o Removing the Vice President (Article 67).
o Removing the Deputy Chairman of Rajya Sabha.
o Removing the Speaker/Deputy Speaker of Lok Sabha.

4. Special Majority

 What is it?
o A majority other than simple, absolute, and effective majority.
 Types of Special Majority:

(a) Special Majority under Article 249

o 2/3rd of members present and voting in Rajya Sabha.

o Example: If 216 members are present, then 144 votes needed.
o Used for giving Parliament more power over State List subjects.

(b) Special Majority under Article 368 (Constitution Amendment)

o 2/3rd of members present and voting AND more than 50% of total
strength.
o Example:
 Lok Sabha Total Strength = 545
 273 votes needed (50%) + 2/3rd of those present and voting.
o Used for Constitutional amendments.

(c) Highest Special Majority (Article 61 - Impeachment of President)

o 2/3rd of the total strength of both houses.

o Example:
 Lok Sabha = 545 members → 364 votes needed.
o Used for removing the President.
Note:-

 If the Constitution does not mention what type of majority is required, assume it
is a Simple Majority.
 Different majorities are needed for different types of decisions.
 Impeaching the President requires the highest majority (Article 61).

Summary Table

Type of Majority Formula Where Used?

Simple Majority More than 50% of Passing bills, electing Speaker, no-
members present & confidence motions
voting
Absolute Majority More than 50% of total Forming a government
strength
Effective Majority More than 50% of Removing Speaker, Vice President,
effective strength etc.
(excluding vacancies)
Special Majority 2/3rd members present Amending Constitution, removing
& voting + 50% of total Supreme Court judges, impeaching
strength the President