Indian Polity - Chapter-wise Detailed Questions and Answers

I'll structure the notes based on the chapters from Indian Polity by M. Laxmikanth and your
university syllabus. Here’s how I’ll organize it:

• Chapter Name
• Important Long & Short Questions
• Detailed Answers (with constitutional references, examples, and case studies)

Since your syllabus covers topics like the Constitution, Legislature, Executive, and Judiciary, I'll
start with Unit 1: Basic Structure of the Indian Constitution.

Unit 1: Basic Structure of the Indian Constitution

Chapter 1: Making of the Indian Constitution
Important Questions:

1. Discuss the formation and working of the Constituent Assembly of India.

2. Explain the salient features of the Indian Constitution.
3. What were the major challenges faced by the Constituent Assembly?
4. Write a note on the Objectives Resolution.
5. Critically analyze the influence of other constitutions on the Indian
Constitution.

Question 1: Discuss the Formation and Working of the Constituent Assembly

of India.

Answer:

Introduction:

• The Constituent Assembly of India was established to draft the Constitution of

independent India.
• It was formed under the Cabinet Mission Plan of 1946.
Formation:

• Elections: Members were indirectly elected by the Provincial Legislative

Assemblies.
• Composition:
o Initially, 389 members (later reduced to 299 after Partition).
o Represented all communities: Hindus, Muslims, Sikhs, Christians, etc.
o Dr. Rajendra Prasad was elected as the President of the Assembly.
o B. N. Rau was the constitutional advisor.

Working of the Constituent Assembly:

• First Meeting: 9 December 1946

• Sessions: 11 sessions held over 2 years, 11 months, and 18 days.
• Committees:
o Total of 22 committees, including the Drafting Committee chaired by Dr.
B.R. Ambedkar.
o Other important committees:
▪ Union Powers Committee (Jawaharlal Nehru)
▪ Provincial Constitution Committee (Sardar Patel)
• Debates and Discussions:
o Open and transparent debates
o All provisions discussed clause by clause
• Adoption:
o Constitution adopted on 26 November 1949
o Came into effect on 26 January 1950

Significance:

• Reflected the aspirations of the people of India

• Incorporated ideas from various sources: British, American, Irish, etc.
• Established democracy, secularism, and federalism in India

Question 2: Explain the Salient Features of the Indian Constitution.

Answer:

The Indian Constitution is known for its unique features that blend the best practices from
around the world.
1. Lengthiest Written Constitution:

• Contains 395 Articles (originally), 22 Parts, and 12 Schedules.

• Covers detailed provisions on governance, rights, and duties.

2. Blend of Rigidity and Flexibility:

• Some provisions require simple majority to amend (flexible).

• Others require special majority and ratification by states (rigid).

3. Federal System with Unitary Bias:

• Division of powers between the Union and States (Federal).

• Strong central government during emergencies (Unitary).

4. Parliamentary System of Government:

• Based on the Westminster Model (British system).

• President is the constitutional head, and the Prime Minister is the real executive.

5. Fundamental Rights and Duties:

• Part III: Guarantees Fundamental Rights (Articles 12–35).

• Part IVA: Lists Fundamental Duties (Article 51A).

6. Directive Principles of State Policy (DPSP):

• Guidelines for the government to establish a welfare state (Part IV, Articles 36–51).

7. Secular State:

• Equal respect for all religions.

• No state religion.

8. Independent Judiciary:

• Supreme Court at the apex with power of judicial review.

• Ensures protection of rights and checks on government power.

9. Universal Adult Franchise:

• Right to vote for every citizen aged 18 and above, without discrimination.
10. Single Citizenship:

• Unlike federal countries like the USA, India has only one citizenship for all.

Question 3: What Were the Major Challenges Faced by the Constituent

Assembly?

Answer:

1. Partition of India:
o Division of the country led to communal riots, refugee problems, and
displacement.
2. Integration of Princely States:
o Over 500 princely states had to be integrated into India, a complex political
challenge.
3. Linguistic Diversity:
o India’s many languages created debates over the official language (Hindi vs.
English).
4. Socio-Economic Inequality:
o Addressing issues of poverty, caste discrimination, and inequality was
critical.
5. Balancing Diversity:
o The need to protect the interests of minorities, tribal groups, and backward
classes.
6. Limited Time and Resources:
o Drafting a comprehensive constitution amidst limited resources and time
constraints.

Question 4: Write a Note on the Objectives Resolution.

Answer:

• Moved by: Jawaharlal Nehru on 13 December 1946.

• Purpose: Set the philosophical framework and guiding principles for the
Constitution.

Key Features:

1. India to be an Independent, Sovereign Republic.

2. Guarantee of justice, liberty, equality, and fraternity to all citizens.
 3. Protection of the rights of minorities, tribes, and backward classes.
4. Commitment to world peace and cooperation.

• The Objectives Resolution later became the Preamble of the Indian Constitution.

Question 5: Critically Analyze the Influence of Other Constitutions on the

Indian Constitution.

Answer:

The Indian Constitution borrowed features from various countries:

1. British Constitution:
o Parliamentary system
o Rule of law
o Bicameral legislature
2. US Constitution:
o Fundamental Rights
o Judicial review
o Independent judiciary
3. Irish Constitution:
o Directive Principles of State Policy (DPSP)
4. Canadian Constitution:
o Federal system with a strong center
o Residuary powers with the Union government
5. Weimar Constitution of Germany:
o Emergency provisions
6. Soviet Constitution (USSR):
o Fundamental Duties
o Social and economic rights
7. Australian Constitution:
o Concurrent list
o Freedom of trade and commerce

Unit 1: Basic Structure of the Indian Constitution

Chapter 2: Preamble of the Indian Constitution

Important Questions:

1. What is the Preamble? Discuss its significance in the Indian Constitution.

2. Explain the key components of the Preamble of India.
3. Is the Preamble a part of the Constitution? Discuss with reference to the
Kesavananda Bharati case (1973).
4. Analyze the objectives stated in the Preamble.
5. Critically examine the amendment of the Preamble through the 42nd
Constitutional Amendment Act, 1976.

Question 1: What is the Preamble? Discuss Its Significance in the Indian

Constitution.

Answer:

Introduction:

• The Preamble is the introduction to the Indian Constitution.

• It reflects the philosophy, values, and objectives on which the Constitution is
based.
• It was inspired by the Objectives Resolution moved by Jawaharlal Nehru in the
Constituent Assembly on 13 December 1946.

Text of the Preamble:

"We, the people of India, having solemnly resolved to constitute India into a Sovereign Socialist
Secular Democratic Republic and to secure to all its citizens:
Justice, social, economic, and political;
Liberty of thought, expression, belief, faith, and worship;
Equality of status and of opportunity;
and to promote among them all Fraternity assuring the dignity of the individual and the unity
and integrity of the Nation;
In our Constituent Assembly, this 26th day of November 1949, do hereby adopt, enact, and give
to ourselves this Constitution."

Significance of the Preamble:

1. Introduction to the Constitution:

o Serves as the preface to the Constitution, explaining its purpose and
philosophy.
2. Reflection of the Constitution’s Ideals:
o Embodies the ideals of justice, liberty, equality, and fraternity.
 3. Source of Authority:
o Declares that the Constitution derives its authority from "We, the people of
India", highlighting popular sovereignty.
4. Guiding Principle for Interpretation:
o Acts as a guiding light for courts when interpreting constitutional provisions.
5. Declaration of the Nature of the State:
o Defines India as a Sovereign, Socialist, Secular, Democratic Republic.

Question 2: Explain the Key Components of the Preamble of India.

Answer:

The Preamble has four key components:

1. Source of Authority:

• Begins with “We, the people of India”, indicating that the people are the ultimate
source of power.

2. Nature of the Indian State:

• Sovereign: India is independent and free from external control.

• Socialist: Commitment to social and economic equality. Added by the 42nd
Amendment (1976).
• Secular: No official state religion; equal respect for all religions. Added by the 42nd
Amendment (1976).
• Democratic: Government based on the will of the people, with free and fair
elections.
• Republic: The head of the state is an elected representative (President), not a
monarch.

3. Objectives of the Constitution:

• Justice:
o Social Justice: Removal of social inequalities.
o Economic Justice: Equal opportunity in economic activities.
o Political Justice: Equal participation in the political process.
• Liberty: Freedom of thought, expression, belief, faith, and worship.
• Equality: Equal status and opportunity for all citizens, without discrimination.
• Fraternity: Promotes a sense of brotherhood, ensuring the dignity of individuals
and the unity and integrity of the nation.
4. Date of Adoption:

• Adopted on 26 November 1949, came into effect on 26 January 1950.

Question 3: Is the Preamble a Part of the Constitution? Discuss with

Reference to the Kesavananda Bharati Case (1973).

Answer:

The Debate:

• Initially, in the Berubari Union Case (1960), the Supreme Court ruled that the
Preamble is not a part of the Constitution.
• However, this view changed with the Kesavananda Bharati Case (1973).

Kesavananda Bharati Case (1973):

• The Supreme Court ruled that the Preamble is a part of the Constitution.
• It also established the "Basic Structure Doctrine", meaning that the basic
features of the Constitution (as reflected in the Preamble) cannot be amended.

Key Points from the Judgment:

1. The Preamble reflects the basic structure of the Constitution.

2. The Preamble can be amended under Article 368, but without altering the basic
structure.

Question 4: Analyze the Objectives Stated in the Preamble.

Answer:

The Preamble sets out four major objectives:

1. Justice:
o Social Justice: No discrimination based on caste, color, religion, or gender.
o Economic Justice: Equal distribution of wealth and opportunities.
o Political Justice: Equal participation in political processes.
2. Liberty:
o Freedom of thought, expression, belief, faith, and worship.
o Ensures individual freedom while maintaining public order and morality.
 3. Equality:
o Equality of status: No discrimination; equal treatment under the law.
o Equality of opportunity: Fair chances in employment, education, etc.
4. Fraternity:
o Promotes brotherhood among all Indians.
o Ensures the dignity of the individual and the unity and integrity of the
nation.

Question 5: Critically Examine the Amendment of the Preamble Through the

42nd Constitutional Amendment Act, 1976.

Answer:

42nd Amendment (1976):

• Also known as the "Mini-Constitution" due to the extensive changes it made.

• The Preamble was amended for the first and only time.

Key Changes:

1. The words "Socialist" and "Secular" were added to define the character of the
Indian state.
2. The phrase "Unity of the Nation" was changed to "Unity and Integrity of the
Nation" to emphasize the importance of national integrity.

Criticism:

• Some critics argued that the amendment was made during the Emergency (1975–
77), raising questions about its democratic legitimacy.
• However, the Supreme Court, in the Kesavananda Bharati case, upheld the validity
of the amendment, stating that it did not alter the basic structure.

Conclusion:

The Preamble is often called the "soul of the Constitution" as it reflects the vision of the
founding fathers. It continues to guide the interpretation and implementation of constitutional
principles in India.
Unit 1: Basic Structure of the Indian Constitution
Chapter 3: Fundamental Rights (Part III of the Indian Constitution)

Important Questions:

• What are Fundamental Rights? Discuss their importance in the Indian

Constitution.
• Explain the different categories of Fundamental Rights in detail.
• Discuss the Right to Equality under Articles 14–18.
• What is the Right to Freedom? Explain Articles 19–22.
• Discuss the Right against Exploitation with reference to Articles 23 and
24.
• Explain the Right to Freedom of Religion (Articles 25–28).
• What are Cultural and Educational Rights (Articles 29–30)?
• Explain the Right to Constitutional Remedies under Article 32.
• Distinguish between Fundamental Rights and Directive Principles of
State Policy.
• Discuss the reasonable restrictions imposed on Fundamental Rights.

Question 1: What are Fundamental Rights? Discuss Their Importance in

the Indian Constitution.
Answer:
Introduction:

6. Fundamental Rights are the basic human rights guaranteed by the

Constitution of India to all its citizens.
7. They are enshrined in Part III of the Constitution (Articles 12 to 35).
8. These rights are justiciable, meaning that individuals can approach the courts if
their rights are violated.
Importance of Fundamental Rights:
• Protection of Individual Liberty:
o Safeguard personal freedom and ensure dignity, equality, and justice.
• Foundation of Democracy:
o Essential for the functioning of democracy as they allow free expression,
association, and participation in governance.
• Limitations on State Power:
o Prevent the abuse of power by the government by setting constitutional
limits.
• Promotion of Social Justice:
o Aim to establish an egalitarian society by removing social and economic
inequalities.
• Enforceability:
o Individuals can approach the Supreme Court (Article 32) or High
Courts (Article 226) for the enforcement of these rights.
• Universal Application:
o Apply to all persons, including citizens and, in some cases, non-citizens
(e.g., Right to Equality under Article 14).

Question 2: Explain the Different Categories of Fundamental Rights in

Detail.
The Indian Constitution guarantees six Fundamental Rights:

• Right to Equality (Articles 14–18):

o Article 14: Equality before law and equal protection of laws

o Article 15: Prohibition of discrimination on grounds of religion, race, caste,
sex, or place of birth
o Article 16: Equality of opportunity in matters of public employment
o Article 17: Abolition of untouchability
o Article 18: Abolition of titles
 • Right to Freedom (Articles 19–22):
o Article 19: Protection of six freedoms (speech, assembly, association,
movement, residence, profession)
o Article 20: Protection in respect of conviction for offenses
o Article 21: Protection of life and personal liberty

o Article 21A: Right to education (added by the 86th Amendment, 2002)

o Article 22: Protection against arrest and detention in certain cases
• Right Against Exploitation (Articles 23–24):
o Article 23: Prohibition of human trafficking and forced labor
o Article 24: Prohibition of child labor in hazardous industries

• Right to Freedom of Religion (Articles 25–28):

o Article 25: Freedom of conscience and free profession, practice, and
propagation of religion
o Article 26: Freedom to manage religious affairs
o Article 27: Freedom from payment of taxes for promotion of any religion
o Article 28: Freedom in attending religious instruction in educational
institutions
• Cultural and Educational Rights (Articles 29–30):
o Article 29: Protection of the interests of minorities
o Article 30: Right of minorities to establish and administer educational
institutions
• Right to Constitutional Remedies (Article 32):
o Provides the right to move the Supreme Court for enforcement of
Fundamental Rights.
o Known as the "heart and soul of the Constitution" (as described by Dr.
B.R. Ambedkar).

Question 3: Discuss the Right to Equality under Articles 14–18.

Answer:
The Right to Equality ensures equal treatment of all citizens before the law.

1. Article 14: Equality Before Law and Equal Protection of Laws

• Equality before law: No one is above the law.

• Equal protection of laws: Laws apply equally to all without discrimination.

2. Article 15: Prohibition of Discrimination

• Prohibits discrimination on grounds of religion, race, caste, sex, or place of

birth.
• Exceptions: Allows for special provisions for women, children, and
backward classes.

3. Article 16: Equality of Opportunity in Public Employment

• Guarantees equal opportunity in matters of government jobs.

• Reservations are permitted for SCs, STs, OBCs, and other disadvantaged
groups.

4. Article 17: Abolition of Untouchability

• Declares untouchability as a punishable offense.

• Promotes social justice and equality.

5. Article 18: Abolition of Titles

• Prohibits the government from conferring titles (except academic and military
distinctions like Dr., Prof., Major).
• Aims to establish equality and prevent class distinctions.

Question 4: What is the Right to Freedom? Explain Articles 19–22.

Answer:
The Right to Freedom (Articles 19–22) provides essential freedoms necessary for
personal development.

1. Article 19: Six Fundamental Freedoms

• Freedom of Speech and Expression

• Freedom to Assemble Peacefully
• Freedom to Form Associations/Unions
• Freedom to Move Freely within India
• Freedom to Reside and Settle in Any Part of India
• Freedom to Practice Any Profession or Trade

Reasonable Restrictions: Imposed in the interest of security, public order,

decency, morality, etc.
2. Article 20: Protection in Respect of Conviction for Offenses

• No ex-post facto laws: Cannot be punished for an act that was not a crime when
committed.
• No double jeopardy: Cannot be punished for the same offense twice.
• Right against self-incrimination: Cannot be forced to testify against oneself.

3. Article 21: Protection of Life and Personal Liberty

• No person shall be deprived of life or personal liberty except according to due

process of law.
• Expanded through judicial interpretations to include:
o Right to privacy
o Right to a clean environment
o Right to shelter, health, and education

4. Article 21A: Right to Education

• Provides for free and compulsory education to all children aged 6–14 years.
5. Article 22: Protection Against Arrest and Detention

• Rights of arrested persons: Right to be informed of the grounds of arrest, legal

counsel, and to be produced before a magistrate within 24 hours.
• Preventive detention: Allowed under certain conditions, but with safeguards.

Question 5: Discuss the Right Against Exploitation with Reference to

Articles 23 and 24.
Answer:
1. Article 23: Prohibition of Human Trafficking and Forced Labor

• Prohibits trafficking in human beings, begar (forced labor), and other forms of
exploitation.
• Punishable under law.

2. Article 24: Prohibition of Child Labor

• Prohibits the employment of children below 14 years in hazardous industries like

mines, factories, etc.

Directive Principles of State Policy (DPSP)

Introduction:
• The Directive Principles of State Policy (DPSP) are guidelines or principles
given to the central and state governments of India.

• They are enshrined in Part IV of the Indian Constitution (Articles 36 to 51).

• The DPSPs are non-justiciable, meaning they are not legally enforceable by
the courts. However, they are fundamental in the governance of the country.

• Inspired by the Irish Constitution, they reflect the ideals of the Directive
Principles of Social Policy found in the Irish Free State Constitution of 1937.
Objectives of DPSP:

9. To establish social and economic democracy.

10. To promote justice, liberty, equality, and fraternity in society.
11. To create a welfare state focused on the well-being of its citizens.

Classification of DPSP:
The DPSPs are broadly classified into three categories:

• Socialistic Principles
• Gandhian Principles
• Liberal-Intellectual Principles

1. Socialistic Principles:
Aim to achieve social and economic justice.

• Article 38: Promote the welfare of the people by securing social, economic, and
political justice.
• Article 39: Ensure adequate means of livelihood, equal pay for equal work,
protection of health, and prevention of concentration of wealth.
• Article 39A: Provide free legal aid to ensure justice for all.
• Article 41: Right to work, education, and public assistance in cases of
unemployment, old age, sickness, and disability.
• Article 42: Provision for humane working conditions and maternity relief.
• Article 43: Living wages and decent standard of life for workers.
• Article 43A: Participation of workers in the management of industries.
• Article 47: Duty of the state to raise the level of nutrition and public health.
2. Gandhian Principles:
Reflect the ideals of Mahatma Gandhi and aim to promote a self-reliant and rural-
based economy.

• Article 40: Organization of Village Panchayats for self-government.

• Article 43: Promotion of cottage industries in rural areas.
• Article 46: Promotion of the educational and economic interests of Scheduled
Castes (SCs), Scheduled Tribes (STs), and other weaker sections.
• Article 47: Prohibition of intoxicating drinks and drugs harmful to health.
• Article 48: Organization of agriculture and animal husbandry on modern and
scientific lines; prohibition of cow slaughter.

3. Liberal-Intellectual Principles:
Focus on establishing a liberal democratic society with international peace and
cooperation.

• Article 44: Uniform Civil Code for all citizens.

• Article 45: Early childhood care and education for children up to 6 years of age.
• Article 48: Protection and improvement of the environment and safeguarding
forests and wildlife.
• Article 49: Protection of monuments and places of historical importance.
• Article 50: Separation of judiciary from the executive in the public services of the
state.
• Article 51: Promotion of international peace and security, respect for international
law.

Key Features of DPSP:

• Non-Justiciable: Cannot be enforced in a court of law, unlike Fundamental

Rights.
• Moral Obligation: Act as moral and political guidelines for the government.
• Dynamic in Nature: Aim to promote social welfare and evolve with time.
 • Supplement to Fundamental Rights: While Fundamental Rights ensure
individual liberty, DPSPs aim at collective welfare.

Differences Between Fundamental Rights and Directive Principles:

Importance of DPSP:

• Guidelines for Governance: Help the government in formulating policies for

social justice and economic welfare.
• Welfare State: Aim to create an egalitarian society where everyone has equal
opportunities.
• Promote Social and Economic Justice: Reduce inequalities and promote
inclusive growth.
• Foundation for Legislation: Many laws like the MGNREGA, Right to
Education Act, and Food Security Act are based on DPSP principles.

Implementation of DPSP in Indian Policies:

• Right to Education Act (2009): Article 45 (now Article 21A)

• MGNREGA (2005): Article 41
• Equal Pay for Equal Work: Article 39
• Panchayati Raj System (1992): Article 40
• Environmental Protection Act (1986): Article 48A

Criticism of DPSP:

• Non-Justiciable: Lack of legal enforceability reduces their impact.

• Vague Provisions: Some directives are broad and ambiguous, making them
difficult to implement.
 • Conflict with Fundamental Rights: In cases like Minerva Mills v. Union of
India (1980), the Supreme Court clarified that DPSPs cannot override
Fundamental Rights.

Landmark Judgments on DPSP:

• Kesavananda Bharati Case (1973):
o Established the Basic Structure Doctrine.
o DPSPs are part of the basic structure of the Constitution.
• Minerva Mills Case (1980):
o Stressed the balance between Fundamental Rights and DPSPs.
o Neither can have supremacy over the other.
• Golaknath Case (1967):
o Held that Fundamental Rights cannot be amended to implement DPSPs.
o Later overturned by the Kesavananda Bharati case.

Conclusion:

• The DPSPs are crucial for establishing a welfare state .

• Although non-justiciable, they are fundamental in the governance of the
country.
• The real significance of DPSP lies in its role as a moral compass for lawmakers,
ensuring that India moves towards social, economic, and political justice.

Next Topic:
Would you like to continue with:

• Fundamental Duties
• Judiciary (Supreme Court & High Court)
• Union Executive (President, Prime Minister, Council of Ministers)
• Or any specific topic from Indian Polity?
Judiciary in India (Unit 3)
The Judiciary is one of the three pillars of the Indian government, along with the
Legislature and the Executive. It ensures the rule of law, protects Fundamental
Rights, and maintains constitutional supremacy.
The Indian Judiciary is independent and impartial, functioning as the guardian of the
Constitution.

Structure of the Indian Judiciary:

The Indian Judiciary has a three-tier system:

• Supreme Court of India (Apex Court)

• High Courts (State-level courts)
• Subordinate Courts (District and lower courts)

I. Supreme Court of India (Articles 124–147)

1. Composition:

12. Chief Justice of India (CJI) + Other Judges (currently 34 judges including the CJI)
13. Appointed by the President of India

2. Qualifications of Judges:

• Must be a citizen of India

• Should have:
o At least 5 years as a High Court judge, OR
o 10 years as an advocate in a High Court, OR
o Be a distinguished jurist (in the opinion of the President)

3. Appointment of Judges:

• Appointed by the President based on the recommendation of the Collegium

System (a group of senior judges).
 • The Collegium includes the CJI and the four senior-most judges of the Supreme
Court.

4. Tenure:

• Judges hold office until the age of 65 years.

• Can resign by submitting a letter to the President.

5. Removal of Judges (Impeachment):

• Judges can be removed for "proved misbehavior or incapacity" through an

impeachment process in Parliament.
• Requires a two-thirds majority in both Houses of Parliament.

6. Jurisdiction of the Supreme Court:

a) Original Jurisdiction (Article 131):

• Disputes between:
o The Union and one or more states
o Between two or more states
• Only the Supreme Court can hear these cases directly.

b) Appellate Jurisdiction (Articles 132–136):

• Hears appeals against judgments of:

o High Courts
o Tribunals
o Other lower courts
• Types of appeals:
o Civil
o Criminal
o Constitutional matters
c) Advisory Jurisdiction (Article 143):

• The President of India can seek the Supreme Court’s advice on legal matters.
• The advice is not binding on the President.

d) Writ Jurisdiction (Article 32):

• The "Heart and Soul of the Constitution" (as called by Dr. B.R. Ambedkar).
• Citizens can approach the Supreme Court directly for the protection of
Fundamental Rights.
• The court can issue writs:
o Habeas Corpus (to produce a detained person)

o Mandamus (to perform public duty)

o Prohibition (to stop lower courts from exceeding powers)
o Certiorari (to quash unlawful orders of lower courts)
o Quo-Warranto (to question the authority of a person holding public office)

7. Powers and Functions of the Supreme Court:

• Protector of the Constitution: Ensures laws are constitutional.

• Guardian of Fundamental Rights: Enforces rights through writs.
• Final Interpreter of the Constitution: Its decisions are binding on all courts.
• Court of Record: Its judgments are recorded as legal precedents.
• Advisory Role: Gives legal advice to the President.
• Judicial Review: Reviews laws to ensure they conform to the Constitution.

II. High Courts (Articles 214–231)

1. Composition:

• Chief Justice of the High Court + Other Judges

• Each state (or group of states) has a High Court.
 • Example: Bombay High Court, Delhi High Court, etc.

2. Qualifications of High Court Judges:

• Must be a citizen of India

• At least 10 years of experience as an advocate or judicial officer in India

3. Appointment and Tenure:

• Appointed by the President of India

• In consultation with the CJI, Governor of the state, and the Chief Justice of
the High Court
• Tenure: Until the age of 62 years

4. Jurisdiction of High Courts:

a) Original Jurisdiction:

• Deals with cases directly filed in the High Court (mostly related to state matters).

b) Appellate Jurisdiction:

• Hears appeals from lower courts (civil and criminal cases).

c) Writ Jurisdiction (Article 226):

7. Can issue writs like the Supreme Court for enforcement of Fundamental Rights
and other legal rights.
8. Wider than the Supreme Court’s writ jurisdiction because it includes legal rights
beyond just Fundamental Rights.

5. Powers and Functions of High Courts:

• Protector of the Constitution at the State Level: Ensures laws passed by the
state legislature are constitutional.
• Judicial Review: Can declare state laws invalid if they violate the Constitution.
 • Supervisory Powers: Controls and supervises all lower courts within its
jurisdiction.
• Court of Record: Maintains records of judgments for future reference.
• Writ Powers: Can issue writs to protect legal rights.

III. Subordinate Courts (District and Lower Courts)

5. These courts operate at the district and sub-district levels.

6. Headed by the District Judge (for civil cases) and Sessions Judge (for criminal
cases).

Types of Subordinate Courts:

• District Courts: Handle major civil and criminal cases.

• Family Courts: Deal with family-related issues like divorce, child custody, etc.
• Magistrate Courts: Handle minor criminal offenses.
• Lok Adalats: Resolve disputes through conciliation and compromise.

Independence of the Judiciary:

8. The Indian judiciary is independent of the executive and legislature.

9. Key features ensuring independence:
o Security of Tenure: Judges cannot be easily removed.
o Fixed Salaries: Cannot be changed to the judge’s disadvantage.
o No Interference: No external pressure in judicial decisions.
o Powers of Judicial Review: Can strike down unconstitutional laws.

Judicial Review:

• The power of the courts to review laws passed by the legislature and actions of the
executive.
• If laws are found unconstitutional, they can be declared void.
 • Landmark case: Kesavananda Bharati vs. State of Kerala (1973) — established
the Basic Structure Doctrine.

Judicial Activism:

6. When courts go beyond their traditional role to promote justice, equity, and good
governance.
7. Examples:
1. Public Interest Litigation (PIL): Allows any person to approach the court
for public welfare issues.
2. Vishaka vs. State of Rajasthan (1997) — guidelines against sexual
harassment at the workplace.

Key Differences Between Supreme Court and High Court:

Landmark Judgments:

• Kesavananda Bharati Case (1973): Introduced the Basic Structure

Doctrine.
• Golaknath Case (1967): Limited Parliament’s power to amend Fundamental
Rights.
• Maneka Gandhi Case (1978): Expanded the meaning of Right to Life and
Personal Liberty under Article 21.

Conclusion:

6. The judiciary in India is a powerful institution that ensures justice, protects

Fundamental Rights, and upholds the Constitution.
7. Its independence, judicial review, and activism make it the guardian of
democracy in India.
Next Topic Suggestions:
Would you like to continue with:

• Union Executive (President, Prime Minister, Council of Ministers)

• State Executive (Governor, Chief Minister)
• Fundamental Duties
• Or any other topic from Indian Polity?

Union Executive (Unit 2 - Indian Polity)

The Union Executive is the highest executive authority in India. It is responsible for
implementing and enforcing laws passed by the Parliament and ensuring the smooth
functioning of the government.

Components of the Union Executive:

• The President of India (Articles 52–62)

• The Vice-President of India (Articles 63–71)
• The Prime Minister of India (Articles 74–75)
• The Council of Ministers (Article 74)
• The Attorney General of India (Article 76)

1. The President of India

A. Introduction:

14. The President is the constitutional head of the state and the first citizen of
India.
15. Acts as a ceremonial head, while the real executive powers are exercised by the
Prime Minister and the Council of Ministers.
16. Article 52: States that there shall be a President of India.

B. Election of the President (Article 54):

• Elected by an electoral college consisting of:
 o Elected members of both Houses of Parliament (Lok Sabha and
Rajya Sabha)
o Elected members of the Legislative Assemblies of States and Union
Territories
• Method of Election:

o Proportional Representation System with a Single Transferable

Vote (STV)
o Voting is conducted by secret ballot

C. Qualifications to Become President (Article 58):

• Must be a citizen of India

• Minimum age: 35 years
• Qualified to be elected as a member of the Lok Sabha
• Should not hold any office of profit under the government

D. Term and Tenure (Article 56):

• Holds office for 5 years

• Can be re-elected for any number of terms
• Can resign by submitting a letter to the Vice-President
• Can be removed through an impeachment process for violation of the
Constitution

E. Powers and Functions of the President:

1. Executive Powers:

• Appoints the Prime Minister, other ministers, Governor of States, Attorney

General, Judges of Supreme Court and High Courts, Election
Commissioners, etc.
• Administers the oath of office to key officials.
2. Legislative Powers:

• Summons, prorogues, and dissolves Parliament.

• Gives assent to bills passed by Parliament (can give, withhold, or send for
reconsideration).
• Can issue Ordinances under Article 123 when Parliament is not in session.

3. Judicial Powers:

• Appoints judges of the Supreme Court and High Courts.

• Has the power to grant pardons, reprieves, respites, or remissions of
punishment under Article 72.

4. Emergency Powers:

• Can declare three types of emergencies:

o National Emergency (Article 352)
o President’s Rule (Article 356)
o Financial Emergency (Article 360)

5. Diplomatic, Military, and Financial Powers:

• Represents India in international affairs.

• Supreme Commander of the Indian Armed Forces.
• Approves the Union Budget and financial bills.

F. Impeachment of the President (Article 61):

• Can be removed for violation of the Constitution.

• Requires a two-thirds majority in both Houses of Parliament.
2. The Vice-President of India
A. Introduction:

• Second-highest constitutional office in India.

• Acts as the ex-officio Chairman of the Rajya Sabha .
• Functions as the acting President in case of the absence, resignation, or removal
of the President.

B. Election of the Vice-President (Article 66):

• Elected by members of both Houses of Parliament (including nominated members).

• Elected through Proportional Representation with a Single Transferable
Vote (STV).

C. Qualifications:

• Must be a citizen of India

• Minimum age: 35 years
• Qualified to be elected as a member of the Rajya Sabha
• Should not hold any office of profit

D. Term and Tenure:

• Holds office for 5 years

• Can be re-elected for multiple terms
• Can resign or be removed through a resolution of the Rajya Sabha, passed by a
majority

E. Powers and Functions:

9. Presiding Officer of the Rajya Sabha

10. Acts as the President in case of vacancy
11. Represents the government on various occasions
3. The Prime Minister of India
A. Introduction:

• The real head of the government in India.

• Described as the "keystone of the Cabinet arch".
• Holds the most powerful position in the Indian political system.

B. Appointment (Article 75):

7. Appointed by the President of India

8. Usually the leader of the majority party in the Lok Sabha

C. Qualifications:

• Must be a citizen of India

• Must be a member of either Lok Sabha or Rajya Sabha
• If not a member of Parliament at the time of appointment, must get elected within 6
months

D. Powers and Functions:

10. Head of the Government: Controls the functioning of the government.

11. Leader of the Cabinet: Chairs meetings and allocates work to ministers.
12. Advises the President: On key appointments like governors, judges, etc.
13. Leader of Parliament: Represents the government in the Lok Sabha.
14. Crisis Manager: Handles emergencies and key national issues.

E. Relationship with the President:

• The President acts on the advice of the Prime Minister and the Council of
Ministers.
• This ensures a parliamentary system of governance where real power lies with
the Prime Minister.
4. The Council of Ministers
A. Introduction (Article 74):

8. The Council of Ministers assists the President in exercising executive functions.

9. Composed of the Prime Minister and other ministers.
10. The President is constitutionally bound to act according to the advice of the
Council of Ministers.

B. Composition of the Council:

• Cabinet Ministers: Senior ministers heading key departments (e.g., Home,

Defence, Finance).
• Ministers of State: Junior ministers who assist Cabinet Ministers or handle
independent charges.
• Deputy Ministers: Assist other ministers in their duties.

C. Collective Responsibility (Article 75(3)):

8. The Council of Ministers is collectively responsible to the Lok Sabha.

9. If the Lok Sabha passes a no-confidence motion, the entire Council must
resign.

5. Attorney General of India (Article 76)

A. Introduction:

• The Attorney General (AG) is the chief legal advisor to the Government of
India.
• Represents the government in legal matters, especially in the Supreme Court.

B. Appointment:

• Appointed by the President of India

• Must be a person qualified to be a judge of the Supreme Court
C. Powers and Functions:

• Advises the government on legal matters

• Appears in courts on behalf of the government
• Has the right to speak in Parliament but cannot vote

Differences Between the President and the Prime Minister:

Key Facts to Remember:

• President: Head of State

• Prime Minister: Head of Government
• Vice-President: Chairman of Rajya Sabha
• Council of Ministers: Collective responsibility to Lok Sabha
• Attorney General: Chief legal advisor of the Government of India

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State Executive (Unit 2 - Indian Polity)

The State Executive functions similarly to the Union Executive but operates at the state
level. It is responsible for implementing laws and managing the administration within a
state.

Components of the State Executive:

• Governor of the State (Articles 153–162)

 • Chief Minister (Articles 163–164)
• Council of Ministers (Article 163)
• Advocate General of the State (Article 165)

1. Governor of the State

A. Introduction:

17. The Governor is the constitutional head of the state, similar to the President
at the Union level.
18. Acts as the representative of the President in the state.
19. All executive actions of the state are taken in the Governor's name.

B. Appointment of the Governor (Article 155):

• Appointed by the President of India for each state.

• Can be appointed for one or more states simultaneously.

C. Qualifications (Article 157):

• Must be a citizen of India

• Minimum age: 35 years
• Should not be a member of Parliament or State Legislature
• Must not hold any office of profit

D. Term and Tenure (Article 156):

• Holds office for 5 years but can be removed earlier by the President.
• Can resign by submitting a letter to the President.
• Holds office at the pleasure of the President, meaning the term can end before
5 years if the President decides.
E. Powers and Functions of the Governor:
1. Executive Powers:

• Appoints the Chief Minister and other ministers.

• Appoints the Advocate General, Chairman of the State Public Service
Commission, etc.
• Oversees the state administration.

2. Legislative Powers:

• Summons, prorogues, and dissolves the State Legislative Assembly.

• Gives assent to bills passed by the state legislature.
• Can reserve certain bills for the consideration of the President.
• Can issue ordinances when the legislature is not in session (Article 213).

3. Judicial Powers:

• Appoints judges to the subordinate courts in consultation with the High Court.
• Has the power to grant pardons, reprieves, respites, or remissions under
Article 161.

4. Emergency Powers:

• Acts as the representative of the President during President’s Rule (Article 356)
in the state.

F. Discretionary Powers of the Governor:

• Appointing a Chief Minister when no party has a clear majority.

• Reserving bills for the President’s consideration.
• Recommending President’s Rule in the state.
2. Chief Minister of the State
A. Introduction:

• The Chief Minister (CM) is the real head of the state government, like the
Prime Minister at the Union level.
• Exercises real executive powers while the Governor is a nominal head.

B. Appointment (Article 164):

• Appointed by the Governor.

• Usually the leader of the party with a majority in the State Legislative
Assembly.
• If no party has a majority, the Governor can invite the leader who is most likely to
command a majority.

C. Qualifications:

• Must be a citizen of India

• Must be a member of the state legislature. If not, must get elected within 6
months of appointment.
• Minimum age: 25 years (if in the Legislative Assembly) or 30 years (if in the
Legislative Council).

D. Powers and Functions:

• Head of the State Government: Controls administration and implements

policies.
• Leader of the Council of Ministers: Allocates portfolios and chairs cabinet
meetings.
• Advisor to the Governor: The Governor acts on the CM’s advice in most matters.
• Link Between State and Union Government: Coordinates with the central
government on key issues.
• Crisis Manager: Handles law and order situations, disasters, etc.
E. Term and Tenure:

• Holds office as long as they have the majority support in the Legislative
Assembly.
• Can be removed if a no-confidence motion is passed.
• Can resign voluntarily.

3. Council of Ministers (Article 163)

A. Introduction:

• The Council of Ministers, headed by the Chief Minister, aids and advises the
Governor in the exercise of their functions.
• The Governor is constitutionally bound to act on their advice except in certain
discretionary matters.

B. Composition:

12. Cabinet Ministers: Senior ministers handling key departments.

13. Ministers of State: Junior ministers assisting cabinet ministers or holding
independent charge.
14. Deputy Ministers: Assist other ministers.

C. Collective Responsibility (Article 164(2)):

• The Council of Ministers is collectively responsible to the Legislative

Assembly.
• If the Assembly passes a no-confidence motion, the entire council must resign.

4. Advocate General of the State (Article 165)

A. Introduction:

9. The Advocate General is the chief legal advisor to the state government,
similar to the Attorney General at the central level.
 10. Represents the state government in legal matters.

B. Appointment:

• Appointed by the Governor of the state.

• Must be a person qualified to be appointed as a judge of a High Court.

C. Powers and Functions:

15. Advises the state government on legal matters.

16. Represents the state in High Courts and Supreme Court.
17. Has the right to participate in the proceedings of the state legislature but
cannot vote.

Differences Between Governor and Chief Minister:

Key Points to Remember:

• Governor: Ceremonial head, appointed by the President.

• Chief Minister: Real executive head, leader of the ruling party.
• Council of Ministers: Responsible for day-to-day administration.
• Advocate General: Legal advisor to the state government.

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13. Fundamental Rights and Duties
14. Or any other specific topic from Indian Polity?
Legislature (Unit 2 - Indian Polity)
The Legislature is the law-making body of the government. It plays a crucial role in
framing laws, controlling the executive, and representing the will of the people. In India, the
legislature exists at both the Union (Central) and State levels.

Structure of the Legislature:

• Union Legislature (Parliament of India)

• State Legislature

1. Union Legislature (Parliament of India)

A. Introduction:

20. The Indian Parliament is the supreme legislative body of the country.
21. It consists of two houses:
1. Lok Sabha (House of the People) – Lower House
2. Rajya Sabha (Council of States) – Upper House
22. The President of India is also an integral part of Parliament (Article 79).

B. Lok Sabha (House of the People)

1. Composition (Article 81):

• Maximum strength: 552 members

• Currently: 543 elected members + 2 nominated members (from the Anglo-
Indian community if needed, though this provision was discontinued after the 104th
Amendment in 2020)

2. Election of Members:

• Members are directly elected by the people through universal adult suffrage.
• Election is based on the first-past-the-post system.
3. Qualifications to Become a Member:

• Must be a citizen of India

• Minimum age: 25 years
• Must not hold any office of profit
• Should not be of unsound mind or bankrupt

4. Term and Tenure (Article 83):

• 5 years, unless dissolved earlier

• In case of National Emergency, the term can be extended by 1 year at a time

5. Powers and Functions:

• Legislative Powers: Makes laws on subjects in the Union List and Concurrent
List
• Financial Powers: Controls the Union Budget; all money bills can only originate
in the Lok Sabha
• Executive Control: Can pass a no-confidence motion to remove the
government
• Amendment Powers: Participates in the process of amending the
Constitution

6. Speaker of Lok Sabha:

• Presiding officer of the Lok Sabha

• Elected by members of the Lok Sabha
• Maintains order and decorum during debates

C. Rajya Sabha (Council of States)

1. Composition (Article 80):

• Maximum strength: 250 members

• Currently: 245 members
 o 233 members elected by the state legislatures
o 12 members nominated by the President (eminent personalities from fields
like literature, science, art, etc.)

2. Election of Members:

• Indirectly elected by members of State Legislative Assemblies through the

proportional representation system with a single transferable vote.

3. Qualifications to Become a Member:

• Must be a citizen of India

• Minimum age: 30 years
• Should not hold any office of profit
• Should not be of unsound mind or bankrupt

4. Term and Tenure (Article 83):

• It is a permanent house and cannot be dissolved

• 1/3rd of members retire every 2 years, and elections are held to fill those
seats
• Each member serves a term of 6 years

5. Powers and Functions:

• Legislative Powers: Can make laws on Union and Concurrent Lists

• Financial Powers: Can discuss financial bills, but cannot initiate money bills
• Amendment Powers: Plays a role in constitutional amendments
• Special Powers: Can authorize Parliament to make laws on matters in the State
List under Article 249

6. Chairman of Rajya Sabha:

• The Vice-President of India is the ex-officio Chairman of the Rajya Sabha

• A Deputy Chairman is elected from among the members to assist
D. Legislative Procedures in Parliament:
1. Ordinary Bill:

• Can be introduced in either house

• Must be passed by both houses
• Sent to the President for assent

2. Money Bill (Article 110):

• Deals with taxes, borrowing, or expenditure of government money

• Can be introduced only in the Lok Sabha
• Rajya Sabha can only make recommendations, which Lok Sabha may accept or
reject
• Must receive the President's assent

3. Constitutional Amendment Bill:

15. Can be introduced in either house

16. Requires a special majority to pass
17. In some cases, needs ratification by half of the state legislatures

4. Joint Session (Article 108):

• If there is a deadlock between Lok Sabha and Rajya Sabha on an ordinary bill, a
joint session can be called
• Presided over by the Speaker of the Lok Sabha
• Money Bills and Constitutional Amendment Bills cannot be discussed in a
joint session

2. State Legislature

A. Introduction:
11. At the state level, the legislature can be:
 1. Unicameral: Only one house (Legislative Assembly)
2. Bicameral: Two houses
1. Legislative Assembly (Vidhan Sabha) – Lower House
2. Legislative Council (Vidhan Parishad) – Upper House
12. Only a few states have a bicameral legislature (e.g., Uttar Pradesh, Bihar,
Maharashtra, Karnataka, Andhra Pradesh).

B. Legislative Assembly (Vidhan Sabha)

1. Composition:

• Members are directly elected by the people of the state

• Maximum strength: 500 members, Minimum: 60 members (exceptions for
smaller states like Sikkim, Goa, etc.)

2. Qualifications to Become a Member:

18. Must be a citizen of India

19. Minimum age: 25 years
20. Should not hold any office of profit

3. Term and Tenure:

• 5 years, unless dissolved earlier

• Can be extended during an emergency

4. Powers and Functions:

15. Makes laws on State List and Concurrent List subjects

16. Controls the state executive through no-confidence motions
17. Approves the state budget
18. Participates in amending the Constitution (if required)

5. Speaker of the Assembly:

• Presiding officer of the Assembly

 • Elected from among the members
• Maintains order during debates

C. Legislative Council (Vidhan Parishad)

1. Composition:

10. Members are indirectly elected by:

o Members of the Legislative Assembly
o Graduates, teachers, local bodies
o Some are nominated by the Governor for their expertise

2. Term and Tenure:

• Permanent house, cannot be dissolved

• 1/3rd members retire every 2 years
• Each member serves for 6 years

3. Powers and Functions:

• Reviews and suggests amendments to bills passed by the Assembly

• Cannot reject money bills; can only delay them for 14 days

Differences Between Lok Sabha and Rajya Sabha:

Differences Between State Assembly and State Council:

Key Points to Remember:

• Parliament = Lok Sabha + Rajya Sabha + President

• Money Bills originate only in Lok Sabha
• Rajya Sabha is a permanent house
• Some states have a bicameral legislature, most are unicameral
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