Indian Polity
Indian Polity
Indian Polity
POLITY
NOTES
• It was M N Roy, who put forward the idea of the Constituent Assembly for the first time.
• In 1935, the Indian National Congress, officially demanded a Constituent Assembly to frame the
Constitution of India.
• The concept of Constituent Assembly was included in August offer of 1940, Cripps proposal of 1942
and the Cabinet Mission Plan of 1946.
• In November 1946, Constituent Assembly was constituted as per the Cabinet Mission Plan. Constituent
Assembly was a partly elected and partly nominated body.
• Dr. Sachchidanand Sinha, the oldest member of the Assembly was elected as the temporary President
and later Dr. Rajendra Prasad was elected as the President. Sir B N Rau was appointed as the
Constitutional advisor to the Assembly.
• In December 1946, Jawaharlal Nehru moved the ‘Objective Resolution’ in the Assembly. Its modified
version forms the Preamble of the Indian Constitution.
• To deal with the different tasks of Constitution making, Constituent Assembly appointed different
committees.
Name of the important Committee Chairman
Union Powers Committee Jawaharlal Nehru
Drafting Committee Dr. B R Ambedkar
Committee on the Functions
G V Mavalankar
of the Constituent Assembly
• The Constitution Assembly adopted the Constitution of India on 26th November 1949
• Constitution of India came into force on 26th January 1950.
• Indian National Congress celebrated Purna Swaraj day on 26th January 1930. To commemorate this
incident, Constituent Assembly chose 26th January as the date of enactment of the Constitution.
Salient Features of the Constitution of India:-
I. Lengthiest written Constitution
II. Drawn various sources: The Constitution of India has borrowed many of its features from the various
Constitutions of the world
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Weimar Constitution of
10
Germany Suspension of Fundamental Rights during emergency
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Parts of the Indian Constitution:-
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Union Executive
• It consists of the President of India, Vice-President, Prime Minister, Council of Ministers, and Attorney
General of India
I. President of India
➢ President of India is the head of the State as wells as part of both Union Executive and the
Parliament
➢ Qualification for election as President:
1. Should be a citizen of India
2. Should have completed 35 years of age
3. Should be qualified for election as a member of the Lok Sabha
4. Shouldn’t hold any office of profit
➢ Election: Indirectly elected by an electoral college consisting of;
1. the elected members of both the houses of Parliament
2. the elected members of the legislative assemblies of the states and,
3. the elected members of the legislative assemblies of the Union Territories of Delhi and
Puducherry
➢ Term of Office is 5 years
➢ Impeachment: It is the process of removing the President from his office. And impeachment
can be initiated only in the case of ‘violation of the Constitution’
➢ Important Powers and Functions of the President:
1. All executive actions of the Govt. of India are taken in his name and he is the Supreme
Commander of the defence forces
2. Appoints the Council of ministers, Attorney General of India, Comptroller and Auditor
General of India, Chief Election Commissioner, Chairman and other members of Finance
Commission, Chief Justice and other judges of Supreme Court and High Court.
3. Nominates 12 members to Rajya Sabha from literature, Art, Science, and Social Service;
and 2 members to Lok Sabha from Anglo Indian community
4. President can promulgate ordinance when the Parliament is not in session
5. Money bill can be introduced in the Parliament only with his prior recommendation
6. President of India also enjoys 3 types of Veto Power over the bills passed by the
Parliament. They are,
a. Absolute Veto
b. Suspensive Veto and
c. Pocket Veto.
7. President also has 5 types of pardoning powers.
a. Pardon
b. Commutation
c. Remission
d. Reprieve
➢ First President of independent India was Dr. Rajendra Prasad
➢ Mr. Ram Nath Kovind is the 14th and the current President of India
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➢ Important Powers and Functions of the Vice-President:
1. Acts as the ex-officio Chairman of Rajya Sabha
2. Acts as President when a vacancy occurs in the office of the President
3. Draws his salary in his capacity as the ex-officio Chairman of the Rajya
Sabha
➢ Mr. Venkaiah Naidu is the 13th and the current Vice-President of India
III. Prime Minister and the Council of Ministers
➢ Prime Minister (PM) is the leader of the party that enjoys a majority in Lok Sabha
➢ President is the nominal executive head and PM is the real executive head
➢ PM is appointed by the President of India and all other ministers are appointed by the President
on the advice of PM
➢ President acts on the aid and advice of the council of ministers
➢ As per the 91st Constitutional Amendment Act of 2003, total strength of the council of ministers
should not exceed 15% of the total strength of the Lok Sabha
➢ Principle of collective Responsibility: This is the foundational principle of Parliamentary form
of Govt. This means council of ministers is collectively responsible to the parliament for all their
acts.
V. Lok Sabha
➢ Also known as House of people
➢ Max. Strength=552; Elected representatives from different states=530; Elected representatives
from different Union Territories=20; Nomination (Nominated by the President of India) from
Anglo Indian Community=2. Except the two nominated members, all other members of Lok
Sabha are directly elected by the people. A Lok Sabha member is elected for a maximum of 5
years.
➢ Speaker is the presiding officer during the Lok Sabha sessions. And Speaker is elected from the
members of the Lok Sabha itself.
➢ Speaker Pro Tem: In the very first session of the newly elected Lok Sabha, the eldest member
of LS act as the Speaker Pro Tem. Once the actual speaker is elected, the office of the Speaker Pro
Tem automatically cease to exist. Speaker Pro Tem is appointed by the President of India.
➢ Important Powers and Function:-
1. No confidence motion can be initiated and passed in Lok Sabha
2. Money and Finance Bill can be introduced only in Lok Sabha
3. Lok Sabha in a special sitting can disapprove the continuance in force of a national
emergency proclaimed by the President. In such case, the president shall revoke the
national emergency
• G V Mavalankar is known as the Father of Lok Sabha (conferred by Jawaharlal Nehru) and he
was also the 1st Speaker of Lok Sabha
• Meira Kumar was the 1st Woman Speaker of Lok Sabha
• Indian constitution is the longest written constitution in the world
• 42nd Constitutional Amendment Act of 1976 is also known as the mini constitution
• The offices of the leader of the Houses and the leader of the opposition are not mentioned in the
constitution of India
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VI. Rajya Sabha
➢ Also known as Council of State
➢ Max. Strength=250; Representatives of different states and union territories=238; Nomination
(Nominated by the President of India) of eminent scholars from Art, Literature, Science and
Social Science=12. No member of Rajya Sabha is directly elected. A Rajya Sabha member is
elected for a maximum of 6 years
➢ Chairman is the presiding officer during the Rajya Sabha sessions. And Vice-President of India
is the ex-officio Chairman of the Rajya Sabha.
➢ Important Powers and Function:-
1. It is a permanent house and not subject to dissolution. One third members of Rajya Sabha
retire after every second year.
2. If Rajya Sabha passes a resolution by a special majority, in national interest Parliament
will be empowered to make a law on the subject specified in the resolution, for the whole
or any part of the territory of India.
3. If Rajya Sabha passes a resolution by a special majority that it is necessary in the national
interest to create one or more All India Services, then Parliament will be empowered to
create by law such a service.
State Executive
• It consists of Governor, state Council of Ministers, and Advocate General
VII. Governor
➢ He is the nominal head of the state (real power lies with Chief Minister and state council of
ministers) and he is appointed by the President of India on the advice of the Union Council of
Ministers for a term of 5 years, but he can be removed from the post before the completion of
his tenure.
➢ A person may act as the Governor of two or more states.
➢ Important Powers and Functions:-
1. Appoints Chief Minister (CM) and other Council of Ministers (on the advice of the CM).
Also appoints Advocate General, Chairman and members of the State Public Service
Commission, Judges of District Courts.
2. Acts on the aid and advice of state council of ministers headed by CM.
3. Governor summons and prorogues the sessions of both the houses of the State
Legislature.
4. Governor has power to reserve certain bills for the consideration of the President.
5. He can promulgate ordinances, when the state legislature is not in session.
6. Money bill can be introduced in state legislative assembly only on the prior
recommendation of the Governor.
7. Governor can send a report to the President of India informing him that the State’s
Constitutional functioning has been compromised and recommending the president to
impose ‘President’s rule’ in the state.
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State Legislature
• It consists of the State Legislative Assembly, State Legislative Council and the Governor
Judiciary
An integrated structure is followed in judiciary. This includes all the Court systems present in the
country. It is a mechanism for the resolution of disputes. They also interpret and apply the law in the
name of the State.
Supreme Court of India
➢ At present, Supreme Court (SC) of India comprises the Chief Justice and 33 other judges(total
34). SC Judges retire at the age of 65 years.
➢ Removal: Can be removed (On the ground of proved misbehaviour and incapacity) only by
an order of the President passed after an address in each house of the Parliament supported by
a special majority
➢ The jurisdiction of the Supreme Court is of five folds. Original, Writ, Appellate, Advisory and
Revisory
Justice M. Fathima Beevi
• She was the 1st female judge to be appointed to the Supreme Court of India (1989) and the first
Muslim woman to be appointed to any higher judiciary.
• She is the 1st woman judge of a Supreme Court of a nation in India and Asia.
High Court
➢ High Court stands at the head of a State’s Judicial Administration
➢ Each High Court comprises of a Chief Justice and such other judges as the President may time
to time, appoint. The Chief Justice of a High Court is appointed by the President after the
consultation with the Chief Justice of India
➢ Judges hold office until the age of 62 years and are removable in the same manner as a judge of
the Supreme Court.
➢ High Court enjoys three fold jurisdiction. Original, Appellate, and Writ jurisdiction
➢ Calcutta High Court (established in 1862) is India’s oldest High Court
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