Class Notes of Lectures On Polity
Class Notes of Lectures On Polity
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CHAPTER
INDIAN POLITY & GOVERNANCE
NCERT Notes
01 01
Constitutional
Development in India
Sources Class-XI Old NCERT Chap 1 (Important Turning Points of Constitutional Development)
The process of constitutional development in India British Judges were to be sent to India to administer the
started with the establishment of the East India British Legal System that was used there. Sir Elijah
Company. There are certain events in the British rule Impey was the first Chief Justice.
that laid down the legal framework for the The Court of Directors was made to report about its
organisation and functioning of government and revenue, civil and military affairs in India to the British
administration in British India. These events have Government.
greatly influenced our Constitution and polity.
Act of Settlement, 1781
Important Landmarks in Indian This Act was an Amending Act, which removed the
Constitutional Development shortcomings of the Regulating Act, 1773. It is also
known as the Declaratory Act, 1781.
Important landmark Acts associated with Indian
Constitutional development are as follows : The basic aim of the Act of Settlement, 1781 was to
establish a new system of courts for removing the
Regulating Act, 1773 grievances against the Supreme Court.
This Act was passed by the British Parliament to This Act reduced the number of members of Executive
control the affairs of East India Company in India. and Provincial Council from 4 to 3.
For the first time, it recognised the political and
Pitts India Act of 1784
administrative functions of the Company and laid
the foundation of Central Administration in India. This Act established the Board of Control over the Court
of Directors to guide and supervise the affairs of the
The Act elevated Governor of Bengal Warren
Company in India.
Hastings to Governor-General and subsumed the
presidencies of Madras and Bombay under Bengal’s It was introduced to remove the drawbacks of the
control. Regulating Act. It was named after the then British Prime
Minister, William Pitt. The Act placed Indian affairs
The Act named four additional members to serve
under the direct control of the British Government.
with the Governor-General of Bengal in the
Calcutta Council. These councillors were The Governor-General and Council were made
commonly known as the Council of Four. subordinate to British Government. They were forbidden
to declare war and enter into any treaty without the
A Supreme Court was established in 1774 at Fort
sanction of the Directors or the Secret Committee.
William in Calcutta comprising one Chief Justice
and three other judges. It demarcated the political and commercial functions of
the company.
NCERT Notes INDIAN POLITY & GOVERNANCE
02
The Act clearly stated that the Presidencies of Madras Fourth member was added to Governor-General’s
and Bombay were to be subordinate to the Presidency Council for legislative purposes. Lord Macaulay was
of Bengal in all matters of war, diplomatic relations the first person to hold the office.
and revenue. The Act vested the legislative powers exclusively in
Governor-General in council and deprived Governor
Act of 1786
of Bombay and Madras of their legislative powers.
Lord Cornwallis demanded that power of the
The Indian Civil Services was founded. It attempted to
Governor-General should be enlarged to empower
introduce a system of open competition for selection of
him, to override the majority of his council and act on
civil servants and affirmed that the Indians should not
his own special responsibility.
be barred from holding any place, office or employment
The Act of 1786 was enacted to give him the power of under the Company.
working as both Governor-General and Commander in
East India Company (EIC) became the political ruler
Chief. Thus, via Act of 1786, Cornwallis became the
of India. EIC’s commercial functions and activities
first effective ruler of British India under the authority
were ended, making it a purely administrative body.
of Board of Control and the Court of Directors.
The administration was urged to take steps to improve
Charter Act of 1793 the conditions of slaves and to ultimately abolish
According to this Act, the Charter of the Company was slavery (slavery was abolished in 1843).
renewed for 20 years and it was declared that it would This Act was the final steps towards centralisation in
be allowed to continue with the possession of all British India.
territories for the next 20 years.
Charter Act of 1853
A regular code of all regulations was framed that
could be enacted for the internal Government of the This Act carried separation of the executive and the
British territory in Bengal. legislative functions a step further by the provision of
additional members of Council for the purpose of the
The regulation applied to the rights, persons and
legislation.
property of the Indian people and it bound the courts
to regulate their decisions by the rules and The Law Member was made a full member of the
regulations. Executive Council of the Governor-General. The
consent of the Governor-General was made necessary
Thus, this Act laid the foundation of government by
for all legislative proposals.
written laws and regulations in British India in place
of the personal rule of the past rulers. Central Legislative Council was to consist of one
representative each from the provinces. Measures
Charter Act of 1813 concerning a province were to be considered in the
This Act renewed the Company’s Charter for 20 years, presence of representatives from that province.
but it asserted the sovereignty of the British Crown The Chief Justice of the Supreme Court of Calcutta
over the Indian territories held by the Company. was to be the ex-officio member of the Council.
The Company was allowed to have territorial The Council in its legislative capacity was to consist of
possessions for another 20 years. It was deprived of its 12 members. These included the Governor-General,
monopoly of trade with India. Commander-in-Chief, four members of his Council,
It was allowed to continue with its monopoly of trade and six legislative members.
with China for 20 years. The number of Directors was reduced from 24 to 18.
Six of them were to be nominated by the Crown.
Charter Act of 1833
This Act came into being after many socio-political Government of India, Act of 1858
changes in British society. This Act transferred the Government, territories, and
The act gave another 20 years to East India Company revenues of India from the East India Company to the
to trade in India. It was the final step towards British Crown. British Crown assumed sovereignty
concentration in British India. over India from the East India Company.
The rule of the Company was replaced by the rule of
Features of the Act, 1833 the Crown in India.
It made the Governor-General of Bengal as the The Board of Control and the Court of Directors were
Governor-General of India and gave him all civil and abolished. Their place was taken by the Secretary of
military powers. Lord William Bentinck was the first State of India and his Indian Council. They were to
Governor- General of India. govern India in the name of her majesty.
NCERT Notes INDIAN POLITY & GOVERNANCE
03
The Secretary of State was to sit in Parliament. It increased the power of legislative councils and gave
He was a Cabinet Minister of England and was them the power of discussing the budget and
responsible to Parliament. Ultimate power over India addressing questions to the executive.
remained with Parliament. The non-official members of the Provincial Legislative
The Act created an Indian Council of 15 members. It Council to be nominated by local bodies such as
was to advise the Secretary of State who could Universities, District boards and Municipalities.
overrule its decisions. The functions of the Legislative Councils both at
Approval of the Council was essential in financial Central and Provinces were enlarged, so as to include
matters. Most of the members of the Indian Council the discussion on the financial statement (budget),
were those who had retired from Indian services. addressing questions to the executive, etc.
The Governor-General became known from now as
Indian Councils Act of 1909
the Viceroy or Crown’s representative. In matters of
policy and its execution, the Viceroy was increasingly This Act is also known as the Morley-Minto Reforms
reduced to a subordinate position in relation to the after the Secretary of State for India (Lord Morley and
British Government. The Government of India was the Viceroy Lord Minto).
finally directly controlled from London. It changed the name of the Central Legislative Council
The Act for the first time introduced local to the Imperial Legislative Council.
representation in the Indian (Central) Legislative The Act introduced a system of Communal
Council. Of the six new Legislative members of the Representation for Muslims by accepting the concept
Governor-General’s Council, four members were of a Separate Electorate. It was a system where seats
appointed by the local (provincial) governments of were reserved only for Muslims and only Muslims
Madras, Bombay, Bengal and Agra. would be polled.
It expanded Legislative Council at the Centre from 16
Indian Councils Act of 1861 to 69 members and Provincial Legislatures with 52 in
This Act initiated the process of decentralisation by Bengal, 47 in Madras, Bombay and United Province
restoring the legislative powers to the Bombay and each, 41 in East Bengal and Assam, 25 in Punjab and
the Madras Presidencies. It accorded statutory 16 in Burma.
recognition to the Portfolio System.
Election was introduced for Legislative Council at the
Governor-General’s Council was expanded by Centre based on the electoral college. It was the first
including a minimum of 6 and a maximum of 12 attempt to introduce a representative and popular
additional members. These non-official members element in Indian Administration.
were added only for legislative purposes.
At the Provincial level, the elected non-official
Additional members were to be nominated by the members were now in majority.
Governor-General for a period of 2 years.
This Act enlarged the function of the Legislative
Similar provisions were made for provincial Council such as the right to discussion, asking
Legislative Councils. The membership of each questions and supplementary questions, etc.
Provincial Legislature (Bombay, Bengal, Madras,
North-Western Frontier Province, Punjab) was
August Declaration of 1917
enhanced with a minimum of 4 and a maximum of 8
On 20th August, 1917, Montague presented the historic
additional members nominated for a period of 2
Montague Declaration (August Declaration) in the British
years. Parliament. This declaration proposed the increased
participation of Indians in the administration and the
Indian Councils Act of 1892
development of self-governing institutions in India.
This Act dealt with powers, functions and
compositions of the Legislative Council.
Government of India Act, 1919
Non-official members of Imperial Legislative
Council to be nominated not by Britishers but by This Act is also known as the Montague-Chelmsford
Bengal Chamber of Commerce and the Provincial Reforms as Montague was the Secretary of State for
Legislative Councils. India and Lord Chelmsford was the Viceroy of India
in 1919.
Increase in the number of additional members of
Central Council between 10 to 16 and increase in It was in favour of the declaration of British
additional non-official members in Provincial Government on 20th August, 1917. Its objective was
Council between 8 and 20. the gradual introduction of responsible government
in India.
NCERT Notes INDIAN POLITY & GOVERNANCE
04
The proposed All India Federation did not materialise. The Act provided for the creation of two independent
It could not convince anyone; the Indian National dominions – India and Pakistan.
Congress, the Muslim League, the Hindu Mahasabha or It provided for the Partition of Punjab and Bengal
the princely states. Muslims opposed the majority rule. with separate Boundaries Commissions to
Princes opposed the forces of democracy and Congress demarcate the boundaries between them.
opposed federation by courtesy. Government of India Besides West Punjab and East Bengal, Pakistan was
Act of 1935 thus, remained a lost ideal. to consist of territories of Sind, North-Western
The Act of 1935 as a whole, however, was important. It Frontiers Provinces, Sylhet division of Assam,
not only acted as an Interim Constitution, but also Bhawalpur, Khairpur, Baluchistan and eight other
provided a basis for the Constitution of Free India. relatively minor Princely states in Baluchistan.
The Acts alongwith earlier constitutional reforms, gave By this Act, the sovereignty and responsibility of the
direction to the process of change as well as influenced British Crown over India were to lapse from the
its contents. ‘Appointed Day’ (the date India gets independence –
later decided as 15th August, 1947).
Cripps Mission, 1942 Under the Act, following provisions were made :
In 1942, Cripps Mission was sent to India under the — The post of Secretary of State was abolished and the
leadership of Sir Stafford Cripps. Some of the proposals Crown was longer the source of authority.
given by the Cripps Mission are given below : — The Governor-General and provincial Governors to
Dominion status would be given to India, after the act as Constitutional Heads.
Second World War. — Dominion status was given to India.
Once the Second World War ends, an elected body — Constituent Assembly was to function as the
would be set up in India for framing of Indian provisional Parliament of the dominion.
Constitution.
— The Constituent Assembly was to have unlimited
Even the Indian States would participate in the powers to frame any Constitution and to repeal any
Constitution-making body. Act of British Parliament including the Indian
Almost all the Parties and sections in India rejected the Independence Act.
proposals given by the Cripps Mission.
Interim Government (1946)
Cabinet Mission, 1946
Member Portfolios Held
The Indian States and British Provinces would combine
Pt Jawaharlal Nehru External Affairs and
to form the Union of India. Commonwealth Relations
A Constituent Assembly would be established Sardar Vallabhbhai Patel Home, Information and
consisting of 389 members. Broadcasting
14 members from major political parties would form an Dr Rajendra Prasad Food and Agriculture
interim government. Dr John Mathai Industries and Supplies
A representative body would be formed named the Jagjivan Ram Labour
Constituent Assembly.
Sardar Baldev Singh Defence
Until the Constitution was framed, the Constituent
CH Bhabha Works, Mines and Power
Assembly would act as the Dominion Legislature.
Liaquat Ali Khan Finance
Until the Constitution was framed, India would be
administered as per the Government of India Act, 1935. Abdur Rab Nishtar Posts and Air
Asaf Ali Railways and Transport
Indian Independence Act of 1947 C Rajagopalachari Education and Arts
It was based on the famous Mountbatten Plan (3rd Ibrahim Ismail Chundrigar Commerce
June, 1947). The Act relieved the assent of the crown
Ghazanfar Ali Khan Health
on 18th July, 1947 and became effective on 15th
August, 1947. Joginder Nath Mandal Law
06
CHAPTER 02
NCERT Notes INDIAN POLITY & GOVERNANCE
Making of the
Indian Constitution
Sources Class-VII Old NCERT Chap 1 (How we Made our Constitution?), Class-VIII New NCERT Chap 1 (Indian Constitution),
Class-IX New NCERT Chap 2 (Making of the Constitution), Class-XI New NCERT Chap 1 (Constitution: Why and How?)
protecting the rights of minorities will be included Parties represented in the Constituent Assembly were
in the Constitution of independent India. the Congress Party, which had a majority, Muslim
In 1934, Indian National Congress presented the League, Scheduled Caste Federation, the Indian
demand for the creation of an Indian Constituent Communist Party and the Union Party.
Assembly in front of the British Indian government. The Constituent Assembly met for the first time in
December 1946 and by November 1949 the draft
Development of the Indian Constitution was approved.
The Constitution came into effect in January, 1950 and
Constitution the Constituent Assembly was transformed into a
The Constituent Assembly developed Indian
Provisional Parliament.
Constitution in various phases as follows:
Framing of the New Constitution 1947-1950
Constituent Assembly The Constituent Assembly set up 13 committees for
In 1946, the British decided to examine the
framing the Constitution. On the basis of the reports of
possibility of granting independence to India. As a
these committees, a draft of the Constitution was
result, a British Cabinet Mission was despatched to
prepared by a seven-member Drafting Committee under
India to :
the Chairmanship of Dr BR Ambedkar.
— Hold discussions with the representatives of
The drafting Constitution was published in January 1948.
British India and the Indian States in order to
On 26th November, 1949, the Constitution of India was
agree on the framework for writing a
passed and adopted by the Constituent Assembly.
Constitution.
Finally, Constitution of India came into force on 26th
— Set up a constituent body and an executive
January, 1950.
council.
After this mission negotiations took place Important Committees of the Constituent
afterwards and a Constituent Assembly was Assembly and their Chairmen
indirectly elected by the provincial legislatures
Committee Chairman
comprising 278 representatives and 15 women by
the method of proportional representation with the Committee on the Rules of Procedure Rajendra Prasad
Single Transferable Vote. Steering Committee Rajendra Prasad
The Constituent Assembly came into force in 1946. Finance and Staff Committee Rajendra Prasad
Members of the Constituent Assembly included Credential Committee Alladi Krishnaswami
Jawaharlal Nehru, Dr Rajendra Prasad, Sardar Ayyar
Patel, Maulana Azad and many more supreme House Committee B Pattabhi Sitaramayya
leaders of the country. On 9th December, 1946, the
Order of Business Committee KM Munsi
first meeting of the Constituent Assembly took
place. Dr. Rajendra Prasad was later appointed as Ad hoc Committee on the National Flag Rajendra Prasad
the Chairman of the Constituent Assembly. Committee on the Functions of the GV Mavalankar
Each Province and each Princely State or Group of Constituent Assembly
States were allotted seats proportional to their States Committee Jawaharlal Nehru
respective population. 292 members were elected Advisory Committee on Fundamental Vallabhbhai Patel
from (roughly in the ratio of 1:10,00,000). The Rights, Minorities and Tribal and
Provinces (that were under direct British rule) Excluded Areas
while the Princely States were allotted a minimum Minorities Sub-Committee HC Mookherjee
of 93 seats. Fundamental Rights Sub-Committee JB Kripalani
The Assembly consisted of 389 members North-East Frontier Tribal Areas and Gopinath Bardoloi
representing provinces (292), states (93), the Chief Assam Excluded and Partially Excluded
Commissioner Provinces (3) and Baluchistan (1). Areas Sub-Committee
The strength of the Assembly was reduced to 299 Excluded and Partially Excluded Areas AV Thakkar
following the withdrawal of the Muslim League (Other than those in Assam)
members after the partition of the country. Sub-Committee
The seats in each Province were distributed among Union Powers Committee Jawaharlal Nehru
the three main communities, Muslims, Sikhs and Union Constitution Committee Jawaharlal Nehru
General, in proportion to their respective
Drafting Committee Dr BR Ambedkar
populations.
08 NCERT Notes INDIAN POLITY & GOVERNANCE
Objective Resolution adopted in the Constituent Fifth Session 14-30 August, 1947
Principles Outlined in the Objective Resolution Tenth Session 6-17 October, 1949
Indian Constitution has embodied the objectives expressed Eleventh Session 14-26 Nov, 1949
in this resolution.
[The Assembly met once again on 24th January, 1950, when
The ideals/principles embodied in the objectives resolution the members appended their signatures to the Constitution
are reflected in the Preamble to the Constitution. of India].
NCERT Notes INDIAN POLITY & GOVERNANCE 09
Personalities Description I
He was born I
She was born
I
He was born (1887-1956) in Bengal. (1879-1949) in
(1884-1963) in Bihar. Hyderabad.
I
He was the
I
He was the President Vice-Chairman of the I
She was a
of the Constituent Constituent Assembly. proponent of civil
Assembly. I
He was a reputed rights, women’s
author and educationist emancipation and
I
He was a lawyer,
HC Mookherjee and Congress leader. anti-imperialists ideas.
known for his role in the
Champaran Satyagraha. I
He was also a member Sarojini Naidu
I
She is also known as
Rajendra Prasad
I
He was the President of the All India Christian ‘Nightingale of India’.
of Congress for the three Council and Bengal I
She was the India’s
times. Legislative Assembly. first women Governor.
I
Post-independence, he I
Post-independence, he I
She was born
was the first President of was the Governor of
(1909-1981) in Andhra
India. West Bengal.
Pradesh.
I
He was born I
He was born I
She was a member
(1875-1950) in Gujarat. (1901-1961) in Haryana. of the Constituent
I
He was Minister of I
He was a successful Assembly and the
Home, Information and entrepreneur and leader Planning Commission of
Broadcasting in the of the Panthic Akali Party India.
in the Punjab Assembly. Durgabai
Interim Government. I
She was awarded with
Deshmukh
I
He was a Lawyer and I
A nominee of the Padma Vibushan.
leader of Bardoli Peasant Congress in the
Vallabhbhai Constituent Assembly.
I
He was born
Satyagraha. Baldev Singh
Jhaverbhai Patel (1901-1953) in
I
He played a decisive I
Post-independence, he
Kolkata.
role in the integration of was the Defence Minister
in the Union Cabinet.
I
He served as the
the Indian princely
Minister for Industry and
states. I
He was born
Supply in Jawaharlal
I
Post-independence, he (1891-1956) in Madhya
Nehru’s Cabinet.
was the Deputy Prime Pradesh.
Minister. Shyama Prasad I
He founded the
I
He was the Chairman
Mukherjee Bharatiya Jana Sangh
He was born
I
of the Drafting Committee.
in 1951.
(1888-1958) in Saudi I
He was a social
Arabia. revolutionary thinker and I
He was born
agitator against caste (1901-1984) in West
He was an
I Bhimrao Ramji
divisions and Bengal.
educationist, author, Ambedkar
theologian. caste-based inequalities. I
He was the sole
I
He was the Law Communist member in
He was a scholar of
I
Indian Constitution :
Preamble and Its Features
Sources Class-VII Old NCERT Chap 2 (What our Ideals Are : The Preamble), Class-VII New NCERT Chap 3 (Chief Features of
Our Constitution), Class-VIII New NCERT Chap 1 (Indian Constitution), Class-IX & X Old NCERT Chap 4 (The Constitution
of India and its Salient Features), Class-XI Old NCERT Chap 3 (Preamble, Its Main Features and Indian Union)
Republic Socialist
G
The term Republic indicates that G
Socialism means ownership of
the head of the state is elected by productive forces by the
the people. government, so that they benefit
G
The tradition of hereditary rule people equally.
came to an end by the G
India has adopted Democratic
incorporation of this concept. THE CONSTITUTION OF INDIA Socialism, which is different from
Communist Socialism.
PREAMBLE
Secular
WE, THE PEOPLE OF INDIA, having
G
The term secular means that State Democratic
solemnly resolved to constitute India into a
does not recognise any religion and G
The term Democratic implies that
is neutral in matters of religion. It [SOVEREIGN, SOCIALIST, SECULAR,
the Constitution of India has an
treats all religions equally. DEMOCRATIC REPUBLIC] and to secure established form of Constitution
G
Supreme Court in SR Bommai vs to all its citizens : that gets its authority from the will
Union of India (1994) held that of the people expressed in an
JUSTICE, social, economic and election.
secularism is the basic structure of
the Constitution. political; G
It indicates that the source of the
LIBERTY, of thought, expression, belief, power of the government vests in its
faith and worship; people.
Liberty
EQUALITY, of status and of opportunity G
A democratic government is a
G
The term Liberty means freedom government of the people, for the
and to promote among them all
for the people to choose their way people and by the people.
of life, have political views and FRATERNITY, assuring the dignity of the
behaviour in society. individual and the unity and integrity
G
It means no unreasonable of the Nation; Equality
restrictions can be imposed on the IN OUR CONSTITUENT ASSEMBLY G
The term Equality means no
citizens in terms of their thoughts, section of society has any special
this twenty-sixth day of November, 1949 do
feelings and views. But liberty does privileges and all the people have
not mean freedom to do anything, a HEREBY ADOPT, ENACT AND GIVE TO been given equal opportunities for
person can do anything but within OURSELVES THIS CONSTITUTION. everything without any
the limit set by the law. discrimination.
G
Anything, which can create public G
It means removing all types of
disorder cannot come under discrimination from society to build
liberty. These limits are set by the a healthy environment for the
Constitution to avoid injuries in the people to live in. Everyone is equal
name of liberty. before the law.
Justice Fraternity
G
Justice among the citizens is necessary to maintain order in society. The term ‘Justice’ G
The term Fraternity means a feeling of
comprises of three elements that complete the definition, which are social, economic and brotherhood and an emotional
political. attachment with the country and all the
— Social Justice It means that the Constitution wants to create a society without people.
discrimination on any grounds like caste, creed, gender, religion, etc. G
It refers to a feeling, which helps to
— Economic Justice It means no discrimination can be caused by people on the basis of believe everyone is the children of the
their wealth, income, and economic status. It means wealth must be distributed on the same soil and connected with each
basis of their work, not with any other reason. Every person must be paid equally for an other. Brotherhood is above social
equal position and all people must get opportunities to earn for their living. norms or regulations, it is the
— Political Justice It means that all citizens should have equal political rights, equal access relationship above caste, age, or
to all political offices and equal voice in the government. gender.
NCERT Notes INDIAN POLITY & GOVERNANCE
12
The Council of Ministers is responsible before the Lok Soviet Union Fundamental Duties, Ideals of justice
Sabha, the Lower House of Union Parliament. There are (USSR) (social, economic and political).
close relations between the executive and the legislature. The UK Parliamentary government Rule of Law,
Executive functions are exercised by members of the Legislative procedure, Single citizenship
Parliament appointed by the Prime Minister to the cabinet. Cabinet system, Prerogative writs
Parliamentary privileges, Bicameralism.
The parties in the minority serve in opposition to the
majority and have the duty to challenge it regularly. Prime US Fundamental Rights, Independence of
Minister may be removed from power whenever they lose judiciary, Judicial review Impeachment of
the President, Removal of Supreme Court
the confidence of a majority of the ruling party or of the and High Court judges, Post of
Parliament. Vice-President.
Directive Principles of State Policy Each of these three organs has different powers as
per the Constitution of India, this is done to ensure
A unique aspect of the Constitution is that it comprises
that there is no misuse of power and balance of
a chapter in the Directive Principles of State Policy.
power is maintained.
These principles are in the nature of directives to the
The executive is a smaller group of people who are
government to implement them to maintain social and
responsible for running the government and
economic democracy in the country.
implementing the laws. Our elected representatives
Federation with a Strong Centralising Tendency are known as the Legislature and the System of
The Indian Constitution includes all the federal courts is known as the Judiciary.
characteristics of governance such as Dual Government
Balance between the Sovereignty of
System (centre and state), division of powers between
the three state organs (executive, judiciary and Parliament and Judicial Supremacy
legislature), constitutional supremacy, independent A fine balance has been struck between
judiciary and bicameralism (lower and upper house). parliamentary sovereignty and judicial supremacy
by the Indian Constitution.
Integrated Judicial system
The Supreme Court is vested by Articles 13, 32 and
The Constitution provides for a single integrated 136 with the power of judicial review. By its power
judicial system common for the Union and the states. of judicial review, it can strike down any
The Supreme Court of India works at the apex level, parliamentary law as unconstitutional.
High courts at the state level and other courts work On the other hand, the Parliament, being the
under the High courts. representative of the people’s will, has the authority
Independent Judiciary to make laws and it can also amend the major part of
the Constitution through its powers under Article 368.
It is necessary to secure the philosophical foundations
of the rule of law and democracy. Firstly, the Single Constitution
Constitution makers created a separate Judiciary There are no separate Constitutions for the States.
independent of legislature and executive.
In a true Federation, there are separate Constitutions
Secondly, the Constitution has ensured the complete for the Union and the States.
independence of the Judiciary in matters of
administration and finances. Centre’s Control over States
A Mixture of Rigidity with Flexibility The States have to respect the laws made by the
Central Government and cannot make any law on
The Indian Constitution strikes a fine balance between
matters on, which there is already a central law.
rigidity and flexibility when it comes to ease of
modification. Article 368 lays down two types of Rajya Sabha does not represent the State’s equality.
modifications. In a true Federation, the upper house of the
Legislature has equal representation from the
Some provisions may be amended by a special
constituting units of the States.
parliamentary majority, i.e. a 2/3rd majority of the
members of each House present and vote and the majority Adult Suffrage
(i.e. more than 50 %) of each House’s total membership.
Under the Indian Constitution, every person who is
Some other provisions can be amended by a special a citizen of India and who has attained the age of 18
parliamentary majority and with half of the total states years is entitled to vote in Parliamentary and State
ratifying them. This ensures that with the widest Legislature Assembly elections for electing
possible majority, the Constitution is amended. representatives.
At the same time, in the manner of the ordinary There is no discrimination in this respect on
legislative process, certain provisions of the grounds of sex, caste, religion, property, etc.
Constitution can be amended by a simple majority of
Parliament. Such Amendments are not within the scope Single Citizenship
of Article 368. Though the Constitution of India is federal and
Separation of Power provides for dual polity, i.e., Centre and States, it
provides for single citizenship for the whole of
There are three organs of the Government viz. India. The American Constitution provides for dual
Executive, Legislature and Judiciary, as per the citizenship, i.e., the citizenship of America and State
Constitution of India. citizenship.
NCERT Notes INDIAN POLITY & GOVERNANCE
14
On the other hand, there is only one citizenship in The President can declare three types of emergencies
India, i.e., the citizenship of India. There is no State — National(Article 352), State (Article 356) and
citizenship. Every Indian is a citizen of India and Financial (Article 360) emergency in a state.
enjoys the same rights of citizenship no matter in
what state he resides. Three-tier Government
Through 73rd and 74th Amendment Act, we have rural
Judicial Review and urban local bodies as an additional constitutional
The concept of judicial review is an essential feature tier of the government structure.
of the Constitution that helps the Constitution to This section fulfills the dream of Gandhiji to see a
work properly. self-functioning village in India.
The judiciary is considered to be the guardian of the
Constitution, thus it is the duty of the judiciary to Independent Bodies
check the actions that are violative of various articles Constitution has set up various independent bodies and
in the Constitution. vested them with powers to ensure the constitutional
The actions of various organs of the government like provisions. These are :
the Executive and Legislature can be questioned by Election Commission The Election Commission of
the judiciary using judicial review. India is an autonomous constitutional authority
responsible for administering Union and State election
Basic Structure Doctrine processes in India.
The basic structure doctrine is an Indian judicial The body administers elections to the Lok Sabha, Rajya
norm that the Constitution of India has certain basic Sabha, State Legislative Assemblies in India and the
features that cannot be changed or destroyed through offices of the President and Vice-President in the country.
amendments by the Parliament.
Comptroller and Auditor General (CAG) It is a
The basic features of the Constitution have not been constitutional functionary, independent of
openly defined by the Judiciary. Parliament/legislature and executives.
At least, 20 features have been described as ‘basic’ or The CAG is responsible for Audit of Ministries and
‘essential’ by the courts in numerous cases and have departments of Government of India and the State
been incorporated in the basic structure. governments.
In Indira Gandhi vs Raj Narayan case and also in the UPSC and SPSC The Constitution of India has made
Minerva Mills case, it was witnessed that the claim of the Union Public Service Commission (UPSC) and State
any particular feature of the Constitution to be a Public Service Commission (SPSC), advisory
‘basic’ feature would be determined by the court in institutions that provide advice on the subject sent to it
each case that comes before it. by the President of India or by the Governors of the
State respectively. UPSC is the central recruitment
Amendability of the Constitution
agency in India and SPSC is the state recruitment
An Amendment of the Constitution can be initiated agency.
only by the introduction of a bill for the purpose in
These institutions have been provided with security of
either House of Parliament and not in the state
tenure, fixed service conditions, etc to ensure that they
legislatures.
are not susceptible to the whims of either the legislature
The bill can be introduced either by a minister or by or the executive.
a private member and does not require prior
permission from the President. There are three ways
in, which the Constitution can be amended: Unitary Feature of Indian Constitution
— Amendment by a simple majority of the Parliament. I India is a federal government but it more emphasis
towards a unitary system of government. It is sometimes
— Amendment by a special majority of the Parliament.
considered a quasi-federal system as it has features of
— Amendment by a special majority of the Parliament both a federal and a unitary system.
and the ratification of at least half of the state I Article 1 of the Indian Constitution states, “India, that
legislatures. is Bharat, shall be a union of states.” The word
‘Federation’ is not mentioned in the Constitution.
Emergency Provisions I The Seventh Schedule of the Constitution contains three
Indian Constitution contains elaborate provisions to lists of subjects. These subjects show how the division of
deal with those challenges that pose a threat to the power is made between the two sets of government.
country’s security and unity.
CHAPTER
INDIAN POLITY & GOVERNANCE
NCERT Notes
04 15
Sources Class-IX & X Old NCERT Chap 1 (Our Government in States), Class-X New NCERT Chap 2 (Federalism), Class-XI New NCERT
Chap 7 (Federalism), Class-XII New NCERT Chap 8 (Regional Aspirations), Class-XII New NCERT Chap 1 (Challenges of
National Building), Class-XII Old NCERT Chap 14 (Regional Imbalances : Regionalism, Linguism and Separatism)
In 2019, Jammu and Kashmir Reorganisation Act, 2019 was passed by the Indian Parliament and it reconstituted
the state of Jammu and Kashmir into two Union territories- UT of Jammu and Kashmir and UT of Ladakh.
In 2020, Dadra and Nagar Haveli and Daman and Diu were merged into a single Union Territory known as Dadra
and Nagar Haveli and Daman and Diu.
Andaman and Nicobar Islands is a Union Territory of India consisting of 572 islands, of, which 38 are inhabited,
at the junction of the Bay of Bengal and the Andaman Sea.
Andhra Pradesh I It was created by the Andhra State Act, (1953) by carving out some areas from the State of Madras.
I Kurnool was the capital and High Court was established at Guntur.
Kerala I It was created by the State Reorganisation Act, 1956.
I It comprised Travancore and Cochin areas.
Gujarat and I The state of Mumbai was divided into two states i.e. Maharashtra and Gujarat by the Mumbai (Reorganisation)
Maharashtra Act, 1960.
Haryana I It was carved out from the state of Punjab by the Punjab (Reorganisation) Act, 1966.
Meghalaya, Manipur I These were first carved out as a ‘sub-State’ or ‘autonomous state’ within the State of Assam by 22nd
and Tripura Constitutional Amendment Act, 1969. Later in 1971, they received the status of a full-fledged State by the
North-Eastern Areas (Reorganisation) Act, 1971.
I These States were elevated from the status of Union Territories by the North-Eastern Areas (Reorganisation) Act,
1971.
I
The two Union Territories of Mizoram and Arunachal Pradesh (originally known as North-East Frontier
Agency—NEFA), came into being.
Himachal Pradesh I
The Union Territory of Himachal Pradesh was elevated to the status of state by the State of Himachal Pradesh
Act, 1970.
Karnataka I
It was created from the Princely State of Mysore by the State Reorganisation Act,1956.
I
It was renamed Karnataka in 1973.
Sikkim I
Sikkim was first given the Status of Associate State by the 35th Constitutional Amendment Act, 1974 while it was
under the rule of ‘Chogyal’.
I
It got the status of a full-fledged state in 1975 by the 36th Amendment Act, 1975.
Mizoram I
It was elevated to the status of a full-fledged state by the State of Mizoram Act,1986.
Arunachal Pradesh I
It received the status of a full-fledged state by the State of Arunachal Pradesh Act, 1986.
Goa I
Goa was separated from the Union Territory of Goa, Daman and Diu. It was made a full-fledged state by the Goa,
Daman and Diu Reorganisation Act, 1987.
I
But Daman and Diu remained as Union Territory.
Chhattisgarh I
It was formed by the Constitutional Amendment Act, 2000 by dividing Madhya Pradesh on 1st November, 2000.
I
Uttarakhand was formed by the Constitutional Amendment Act, 2000 by dividing Uttar Pradesh on 9th
November, 2000.
Jharkhand I
It was formed by the Constitutional Amendment Act, 2000 by dividing Bihar on 15th November, 2000.
Telangana I
On 2nd June, 2014, Telangana was created after bifurcation it from erstwhile Andhra Pradesh.
CHAPTER
20 05 NCERT Notes INDIAN POLITY & GOVERNANCE
Citizenship
Sources Class-VII Old NCERT Chap 11 (Citizenship), Class-IX & X Old NCERT Chap 3 (Society and Citizens),
Class-XI New NCERT Chap 6 (Citizenship)