Learn Indian Polity: Must-read study materials

Hello Aspirants,

The Constitution of India is the supreme law of the country, and is the longest written constitution in the world. It was adopted by the Constituent Assembly on November 26, 1949 and came into effect on January 26, 1950, marking the day that India became a republic.

The Constitution consists of a Preamble, 22 parts, and 395 articles. It defines the fundamental principles of governance, rights and duties of citizens, and the powers and functions of various organs of the government. The Constitution also contains detailed provisions for the protection of individual rights, including the right to equality, freedom of speech and expression, freedom of religion, and the right to life and liberty.

The Constitution of India is a unique document in several respects. It is a blend of traditional Indian values and modern democratic principles, and incorporates elements of various legal systems from around the world. It also provides for a federal system of government, with powers divided between the central government and the states.

Some of the key features of the Indian Constitution include:

A parliamentary form of government, with the Prime Minister as the head of government
An independent judiciary, headed by the Supreme Court
A federal system of government, with powers divided between the central government and the states
A fundamental rights chapter that guarantees basic rights to all citizens
A directive principles of state policy chapter that outlines the duties of the government towards social and economic welfare
The power of judicial review, which allows the judiciary to review the constitutionality of laws passed by the legislature
Overall, the Constitution of India has been a cornerstone of India’s democratic system of governance, and has helped to ensure stability and continuity in the country’s political and social life.

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Indian Constitution (basic concepts)

Historical background of the Indian Constitution.

Before 1947, India was divided into two main entities – The British India which consisted of 11 provinces and the Princely states ruled by Indian princes under subsidiary alliance policy. The two entities merged together to form the Indian Union, but many of the legacy systems in British India is followed even now. The historical underpinnings and evolution of the India Constitution can be traced to many regulations and acts passed before Indian Independence.

Indian System of Administration

Indian democracy is a Parliamentary form of democracy where the executive is responsible to the Parliament. The Parliament has two houses – Loksabha and Rajyasabha. Also, the type of governance is Federal, ie there is separate executive and legislature at Center and States. We also have self-governance at local government levels. All these systems owe their legacy to the British administration. Let us see the historical background of the Indian Constitution and its development through the years.

Regulating Act of 1773

The first step was taken by the British Parliament to control and regulate the affairs of the East India Company in India.
It designated the Governor of Bengal (Fort William) as the Governor-General (of Bengal).
Warren Hastings became the first Governor-General of Bengal.
Executive Council of the Governor-General was established (Four members). There was no separate legislative council.
It subordinated the Governors of Bombay and Madras to the Governor-General of Bengal.
The Supreme Court was established at Fort William (Calcutta) as the Apex Court in 1774.
It prohibited servants of the company from engaging in any private trade or accepting bribes from the natives.
Court of Directors ( the governing body of the company) should report its revenue.

Pitt’s India Act of 1784

Distinguished between commercial and political functions of the company.
Court of Directors for Commercial functions and Board of Control for political affairs.
Reduced the strength of the Governor General’s council to three members.
Placed the Indian affairs under the direct control of the British Government.
The companies territories in India were called “the British possession in India”.
Governor’s councils were established in Madras and Bombay.

Charter Act of 1813

The Company’s monopoly over Indian trade terminated; Trade with India open to all British subjects.

Charter Act of 1833

Governor-General (of Bengal) became the Governor-General of India.
First Governor-General of India was Lord William Bentick.
This was the final step towards centralization in British India.
Beginning of a Central legislature for India as the act also took away legislative powers of Bombay and Madras provinces.
The Act ended the activities of the East India Company as a commercial body and it became a purely administrative body.

Charter Act of 1853

The legislative and executive functions of the Governor-General’s Council were separated.
6 members in Central legislative council. Four out of six members were appointed by the provisional governments of Madras, Bombay, Bengal and Agra.
It introduced a system of open competition as the basis for the recruitment of civil servants of the Company (Indian Civil Service opened for all).

Government of India Act of 1858

The rule of Company was replaced by the rule of the Crown in India.
The powers of the British Crown were to be exercised by the Secretary of State for India
He was assisted by the Council of India, having 15 members
He was vested with complete authority and control over the Indian administration through the Viceroy as his agent
The Governor-General was made the Viceroy of India.
Lord Canning was the first Viceroy of India.
Abolished Board of Control and Court of Directors.

Indian Councils Act of 1861

It introduced for the first time Indian representation in the institutions like Viceroy’s executive+legislative council (non-official). 3 Indians entered the Legislative council.
Legislative councils were established in Center and provinces.
It provided that the Viceroy’s Executive Council should have some Indians as the non-official members while transacting the legislative businesses.
It accorded statutory recognition to the portfolio system.
Initiated the process of decentralisation by restoring the legislative powers to the Bombay and the Madras Provinces.

India Council Act of 1892

Introduced indirect elections (nomination).
Enlarged the size of the legislative councils.
Enlarged the functions of the Legislative Councils and gave them the power of discussing the Budget and addressing questions to the Executive.

Indian Councils Act of 1909

This Act is also known as the Morley- Minto Reforms.
Direct elections to legislative councils; first attempt at introducing a representative and popular element.
It changed the name of the Central Legislative Council to the Imperial Legislative Council.
The member of the Central Legislative Council was increased to 60 from 16.
Introduced a system of communal representation for Muslims by accepting the concept of ‘separate electorate’.
Indians for the first time in Viceroys executive council. (Satyendra Prasanna Sinha, as the law member)

Government of India Act of 1919

This Act is also known as the Montague-Chelmsford Reforms.
The Central subjects were demarcated and separated from those of the Provincial subjects.
The scheme of dual governance, ‘Dyarchy’, was introduced in the Provincial subjects.
Under the dyarchy system, the provincial subjects were divided into two parts – transferred and reserved. On reserved subjects, Governor was not responsible to the Legislative council.
The Act introduced, for the first time, bicameralism at the center.
Legislative Assembly with 140 members and Legislative council with 60 members.
Direct elections.
The Act also required that the three of the six members of the Viceroy’s Executive Council (other than Commander-in-Chief) were to be Indians.
Provided for the establishment of the Public Service Commission.

Government of India Act of 1935

The Act provided for the establishment of an All-India Federation consisting of the Provinces and the Princely States as units, though the envisaged federation never came into being.
Three Lists: The Act divided the powers between the Centre and the units into items of three lists, namely the Federal List, the Provincial List and the Concurrent List.
The Federal List for the Centre consisted of 59 items, the Provincial List for the provinces consisted of 54 items and the Concurrent List for both consisted of 36 items
The residuary powers were vested with the Governor-General.
The Act abolished the Dyarchy in the Provinces and introduced ‘Provincial Autonomy’.
It provided for the adoption of Dyarchy at the Centre.
Introduced bicameralism in 6 out of 11 Provinces.
These six Provinces were Assam, Bengal, Bombay, Bihar, Madras and the United Province.
Provided for the establishment of Federal Court.
Abolished the Council of India.

Indian Independence Act of 1947

It declared India as an Independent and Sovereign State.
Established responsible Governments at both the Centre and the Provinces.
Designated the Viceroy India and the provincial Governors as the Constitutional (normal heads).
It assigned dual functions (Constituent and Legislative) to the Constituent Assembly and declared this dominion legislature as a sovereign body.

Points to be noted

constitution of india

Laws made before the Charter Act of 1833 were called Regulations and those made after are called Acts.
Lord Warren Hastings created the office of District Collector in 1772, but judicial powers were separated from District collector later by Cornwallis.
From the powerful authorities of unchecked executives, the Indian administration developed into a responsible government answerable to the legislature and people.
The development of the portfolio system and budget points to the separation of power.
Lord Mayo’s resolution on financial decentralization visualized the development of local self-government institutions in India (1870).
1882: Lord Ripon’s resolution was hailed as the ‘Magna Carta’ of local self-government. He is regarded as the ‘Father of local self-government in India’.
1924: Railway Budget was separated from the General Budget based on the Acworth Committee report (1921).
From 1773 to 1858, the British tried for the centralization of power. It was from the 1861 Councils act they shifted towards devolution of power with provinces.
1833 Charter act was the most important act before the act of 1909.
Till 1947, the Government of India functioned under the provisions of the 1919 Act only. The provisions of the 1935 Act relating to Federation and Dyarchy were never implemented.
The Executive Council provided by the 1919 Act continued to advise the Viceroy till 1947. The modern executive (Council of Ministers) owes its legacy to the executive council.
The Legislative Council and Assembly developed into Rajyasabha and Loksabha after independence.

Constitution of India: List of All Articles (1-395) and Parts (1-22).

Indian Constitution Parts and Articles.
Parts of Indian Constitution: A brief overview.
Schedules of Indian Constitution: A brief overview.
Must-Know Articles of Indian Constitution: A brief overview.

Indian Constitution

The below-mentioned posts follow the same order of the Constitution of India and hence we strongly suggest all aspirants follow the same for easy comprehension. Then build your concepts with respect to the three organs of the state, ie Executive, Legislature and Judiciary by reading the posts below.

The Preamble of the Constitution.

Union and its Territory.
Citizenship.
Fundamental Rights.
Directive Principles of State Policy.
Fundamental Duties.
President.
Vice-president.
Prime Minister, CoM and Attorney General.
Parliament.
Supreme Court.
Governor.
Chief Minister and CoM.
State Legislature.
The 3 organs of the State
The 3 organs of the state – Legislature, Executive, and Judiciary are very important. Also, understand the Fundamental Rights and DPSPs.

LEGISLATURE

Sessions of Parliament: Adjournment, Prorogation, Dissolution etc.
When Does a Bill Lapse in Indian Parliament?
Types of Majorities Used in the Indian Parliament.
Parliamentary Committees in Lok Sabha and Rajya Sabha.
Important Parliamentary Committees in Detail.
Election to Rajya Sabha: The Procedure.
Government Budgeting in India – The Process and Constitutional Requirements.
Budget Documents Made Simple: Key to Budget Documents.
Difference between Full Budget and Vote on Account.
Cut Motions: Policy Cut, Economy Cut, and Token Cut.

EXECUTIVE

President of India – Discretionary Powers You Never Knew Existed!

JUDICIARY

Basic Structure Doctrine
Indian Judicial Doctrines – Principles of Constitutional Law Explained
Procedure Established by Law vs Due Process of Law.
Special Leave Petition vs Review Petition vs Curative Petition vs Mercy Petition
Capital Punishment, Mercy Pleas and the Supreme Court.
Judicial Review vs Judicial Activism vs Judicial Overreach.
Contempt of Court: Time for a relook?
The Problem of Pending Cases in Indian Courts: How to tackle?
The Problem of Excessive Government Litigation
Arbitration in India – Mechanism and Challenges
Right to Privacy as a Fundamental Right – Implications of the Verdict
Gram Nyayalayas: Village Courts in India

Fundamental Rights

Procedure Established by Law vs Due Process of Law.
Fundamental Rights vs Directive Principles: What if there is a conflict?
Fundamental Rights Available Only to Citizens of India
Reservation in India – Explained in Layman’s Terms
Encounter Killings – Can the ‘Extra-Judicial Killings’ be Justified?
Article 35A of Indian Constitution – Should it be Scrapped?
Defamation in India – IPC Section 499/500 vs Freedom of Speech
Transgender Rights – Legal Recognition: The need of the hour

Centre-State Relations

Inter-State Council vs National Development Council.
NITI Aayog: The new ‘think-tank’ to replace the Planning Commission.
All-India Judicial Services (AIJS): Should it be formed?
Indian Federalism – 15 Issues that Challenge the Federal Structure of India
Inter-State River Water Disputes in India: Is it time for a new mechanism rather than tribunals?
Simultaneous Elections: Will this be good for India?

Local Self Government

Evolution of Local Self-Government (Panchayati Raj System) in India
Constitutional Bodies and Non-Constitutional Bodies in India
Constitutional Bodies in India – Detailed List with Explanation
Non-Constitutional Bodies in India (Statutory and Non-Statutory Bodies)
Non-Constitutional Bodies (Examples)
National Commission for Minorities (NCM)
Policies, Bills and Acts (Statutes)
Representation of Peoples Act 1950 and 1951.
Right To Information Act 2005.
Protection of Women from Domestic Violence Act 2005.
Science, Technology and Innovation Policy (STI) 2013.

Indian Companies Act 2013.

Anti-Defection Law: Is it time for reconsideration?
SC/ST Prevention of Atrocities Act – Recent Issues and Court Rulings
Uniform Civil Code (UCC): Pros and Cons in a nutshell
FRBM Act – Guidelines, Targets, and Escape Clause
National Security Act (NSA)

Governance

100+ Government Schemes and the Implementing Ministries.
Role of Civil Services in a Democracy.
Functions of an IAS Officer.
IAS/IPS Allocation Overhaul Proposal by PMO – An Impractical Move to Create A ‘Loyal’ Bureaucracy?
Lateral Entry into Civil Services – Should the Government Allow It?
Police Reforms in India – Against the backdrop of T P Senkumar Case
Mechanisms, Laws, Institutions and Bodies for Vulnerable Sections.
Sevottam Model.
Jallikattu: History, Court Rulings, and Controversy
The Problems of Medical Education in India – Should the Medical Council of India (MCI) be Scrapped?
Right To Recall – Can this clean up the Indian Political System?
Electronic Voting Machines (EVMs): Can they be tampered with?

Social Justice

North India-South India Divide – Is there a Growing Regional Divide in India?
Modern Slavery – Why Contemporary Slavery in India Should Be an Urgent Concern?
Criminal Justice System of India – Is it time to implement the Malimath Committee Report?
Major Tribes in India: State-wise compilation.
SC/ST Prevention of Atrocities Act – Recent Issues and Court Rulings
Reservation for Economically Weaker Sections (EWS) – Understand the 10% Quota Bill
Sabarimala Temple Issue – Should Women of All Ages Be Allowed To Enter?

Indian Polity: Recent Issues

Citizenship Amendment Act 2019 – Government’s Clarification on CAA
Citizenship Amendment Bill (CAB) 2019 – Why is it controversial?
National Population Register (NPR) – How is it different from the National Register of Citizens (NRC)?

Citizenship Amendment Act 2019 – Government’s Clarification on CAA

The Citizenship Amendment Act (CAA) 2019 is a law passed by the Indian parliament that aims to provide Indian citizenship to certain persecuted religious minorities from neighboring countries. The act was passed amid widespread protests and controversy, with some critics arguing that it discriminates against Muslims and violates the principles of India’s secular constitution.

The government has issued several clarifications on the CAA to address these concerns. Here are some of the key points:

The CAA does not affect the citizenship status of any Indian citizen, regardless of their religion.

The CAA only provides a path to citizenship for certain religious minorities from Pakistan, Afghanistan, and Bangladesh who entered India before December 31, 2014, and who have faced persecution on the basis of their religion.

The CAA does not apply to any other country or religious group. It only applies to Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians.

The CAA is not intended to take away the citizenship of any Indian Muslim or any other citizen of India.

The CAA does not violate the secular nature of the Indian constitution, as it is intended to provide protection to persecuted religious minorities from neighboring countries, rather than to promote any particular religion.

Despite these clarifications, the CAA continues to be a controversial and divisive issue in India, with some critics calling for it to be repealed and others supporting it as a necessary step to protect religious minorities.

Citizenship Amendment Bill (CAB) 2019 – Why is it controversial?

The Citizenship Amendment Bill (CAB) 2019, which has since become the Citizenship Amendment Act (CAA), is a piece of legislation passed by the Indian Parliament that seeks to provide Indian citizenship to certain persecuted religious minorities from Pakistan, Afghanistan, and Bangladesh. However, the bill has been highly controversial for a number of reasons.

Discrimination against Muslims: The biggest criticism of the CAB/CAA is that it discriminates against Muslims, as it provides a path to citizenship for non-Muslim minorities from these three countries but not for Muslims. Critics argue that this violates India’s constitution, which enshrines secularism and equality before the law.

Undermining Assam Accord: Another issue with the CAB is that it undermines the Assam Accord of 1985, which aimed to detect and deport illegal immigrants from Bangladesh. The CAB allows certain undocumented migrants to become Indian citizens, which could lead to an influx of immigrants from Bangladesh and threaten the cultural and linguistic identity of the indigenous people of Assam.

Refugees and migrants: The CAB/CAA has been criticized for conflating refugees and migrants. Critics argue that the bill fails to distinguish between refugees who have been forced to flee their homes due to persecution and economic migrants who come to India for better opportunities. This could potentially lead to more illegal immigration from neighboring countries.

Non-inclusion of other minorities: Critics also argue that the bill is exclusionary, as it only covers certain religious minorities and does not extend to other persecuted groups, such as the Rohingya Muslims from Myanmar.

Overall, the CAB/CAA has sparked widespread protests across India, with opponents calling it unconstitutional and discriminatory. The government has defended the bill as a necessary measure to protect religious minorities who face persecution in neighboring countries.

National Population Register (NPR) – How is it different from the National Register of Citizens (NRC)?

The National Population Register (NPR) and the National Register of Citizens (NRC) are two different exercises carried out by the Indian government, although they are often confused with each other.

The NPR is a register of usual residents of the country, which includes demographic and biometric details such as name, age, gender, marital status, occupation, educational qualification, father’s name, mother’s name, and address. The data collected under NPR is used for various government schemes and services, and is updated periodically. The NPR is not linked to citizenship, and being included in the NPR does not confer citizenship.

On the other hand, the NRC is a proposed nationwide exercise to identify illegal immigrants in India. The NRC was first implemented in the northeastern state of Assam in 2019, where it led to the exclusion of over 1.9 million people, many of whom were later declared as citizens by the Foreigners Tribunals. The NRC is based on the Citizenship Act of 1955, which requires that a person must have been born in India, or have at least one parent who was born in India, to be considered a citizen.

The key difference between the NPR and the NRC is that the NPR is a routine exercise to create a database of residents, while the NRC is aimed at identifying and deporting illegal immigrants. While the government has stated that there are no plans to implement the NRC at a national level, concerns have been raised that it could lead to the exclusion of millions of people who are unable to prove their citizenship. The NPR, on the other hand, has been conducted periodically since 2010 and has not been a source of controversy.

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Learn Indian Polity: Must-read study materials