🏛️ Indian Polity — Complete Reference
Comprehensive coverage of the Indian Constitution and Political System — from Preamble to Emergency Provisions — for UPSC Civil Services Prelims & Mains
GS-2 Polity
Laxmikanth-Level
All Articles Covered
12 Schedules
PYQ Tagged
📜 Preamble to the Constitution
"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…"
| Word/Phrase | Meaning / Significance |
|---|
| Sovereign | India is free from external control; no foreign power can dictate. IMP |
| Socialist | Added by 42nd Amendment (1976); mixed economy, equitable distribution of resources. |
| Secular | Added by 42nd Amendment (1976); state has no official religion; equal respect to all religions. |
| Democratic | Universal adult franchise; government of, by, for the people. |
| Republic | Elected head of state (President), not hereditary monarch. |
| Justice (Social, Economic, Political) | Social = no discrimination; Economic = equitable distribution; Political = universal suffrage. |
| Liberty | Arts 19–22; freedom of thought, expression, belief, faith, worship. |
| Equality | Arts 14–18; equal before law + no discrimination. |
| Fraternity | Sense of brotherhood; no separate provision in Part III — achieved through DPSPs and implementation. |
Key facts: Preamble based on Jawaharlal Nehru's Objectives Resolution (1946). Not enforceable in court but used to interpret Constitution. S.R. Bommai Case — secularism is basic feature. Berubari Union Case (1960) — Preamble is NOT part of Constitution. Kesavananda Bharati Case (1973) — Preamble IS part of Constitution. PYQ
🪪 Citizenship (Articles 5–11)
| Article | Provision |
|---|
| Art 5 | Citizenship at commencement of Constitution (born in India OR either parent born in India OR resident for 5 years) |
| Art 6 | Rights of migrants from Pakistan (before July 19, 1948) |
| Art 7 | Migrants to Pakistan after March 1, 1947 — not citizens unless returned with resettlement permit |
| Art 8 | Citizenship for persons of Indian origin residing outside India |
| Art 9 | Voluntarily acquiring citizenship of foreign state → loss of Indian citizenship |
| Art 10 | Continuance of citizenship rights |
| Art 11 | Parliament has power to regulate citizenship by law → Citizenship Act, 1955 |
Citizenship Act, 1955 — Modes of Acquiring Citizenship
- By birth: Born in India. After 2003 amendment — both parents must be Indian citizens (or one citizen, other not illegal migrant).
- By descent: Born outside India; father/mother must be Indian citizen at time of birth (registered with Indian consulate).
- By registration: PIO for 7 years; Commonwealth citizens residing in India for 7 years; married to Indian citizen for 7 years.
- By naturalisation: Resided in India for 11 years (last 12 months + 10 of previous 14 years). Reduced to 5 years for specific categories.
- By incorporation of territory: When new territory merges with India.
Termination of Citizenship
- Renunciation: Voluntary relinquishment (minor children also lose, can reclaim at 18).
- Termination: Voluntarily acquiring foreign citizenship.
- Deprivation: Government can cancel citizenship obtained by fraud, disloyalty, or living abroad 7+ years.
India has single citizenship (unlike USA which has dual — federal + state). OCI (Overseas Citizen of India) ≠ full citizenship; no political rights (voting, government jobs). PYQ
⚖️ Fundamental Rights (Articles 12–35, Part III)
Note: Originally 7 FRs; Right to Property removed (44th Amendment 1978) → now legal right under Art 300A. Currently 6 Fundamental Rights. Art 12 defines "State" for Part III purposes. Art 13: Laws inconsistent with FRs are void.
1. Right to Equality
Equality before law and equal protection of laws. No discrimination on grounds of religion, race, caste, sex, place of birth. Abolition of untouchability. Abolition of titles.
Art 14, 15, 16, 17, 18
2. Right to Freedom
Six freedoms: speech & expression, assembly, association, movement, residence, profession. Right to life & personal liberty. Protection against arbitrary arrest (Art 22).
Art 19, 20, 21, 21A, 22
3. Right Against Exploitation
Prohibition of traffic in human beings and forced labour (begar). No employment of children below 14 in hazardous industries.
Art 23, 24
4. Right to Freedom of Religion
Freedom of conscience, freely profess, practice and propagate religion. Manage religious affairs. No religious instruction in state-funded schools.
Art 25, 26, 27, 28
5. Cultural & Educational Rights
Right of minorities to conserve language, script, culture. Right of minorities to establish and administer educational institutions.
Art 29, 30
6. Right to Constitutional Remedies
"Heart and soul of Constitution" — B.R. Ambedkar. Right to move Supreme Court for enforcement of FRs. SC can issue writs.
Art 32
Article 19 — Six Freedoms (and Restrictions)
| Freedom | Reasonable Restrictions (Art 19(2)–(6)) |
|---|
| Speech & Expression | Sovereignty, integrity, security of India; friendly relations with foreign states; public order; decency/morality; contempt of court; defamation; incitement to offence |
| Peaceful Assembly | Sovereignty/integrity of India; public order |
| Form Associations | Sovereignty/integrity; public order; morality |
| Move freely throughout India | Interests of general public; protection of any SC/ST |
| Reside in any part of India | Interests of general public; protection of any SC/ST |
| Practice any profession | Interests of general public; state can prescribe professional qualifications |
Writs (Art 32 by SC; Art 226 by HC) PYQ
| Writ | Meaning | Purpose | Against |
|---|
| Habeas Corpus | "You may have the body" | Release from illegal detention | Any authority, even private persons |
| Mandamus | "We command" | Compel public authority to perform duty | Public officials, government bodies (NOT President/Governor, private individuals) |
| Prohibition | "To forbid" | Stop lower court from exceeding jurisdiction | Judicial/quasi-judicial bodies only |
| Certiorari | "To certify" | Quash order of lower court/tribunal | Judicial/quasi-judicial bodies only |
| Quo Warranto | "By what authority" | Challenge to holding of public office | Only for substantive public offices created by Constitution/statute |
Key Articles in Fundamental Rights
| Article | Provision |
|---|
| Art 14 | Equality before law & equal protection of laws IMP |
| Art 15 | No discrimination on religion, race, caste, sex, place of birth; State CAN make special provisions for women, children, SC/ST/OBC |
| Art 16 | Equality of opportunity in public employment; reservation for SC/ST/OBC |
| Art 17 | Abolition of untouchability (protected civil rights act 1955) PYQ |
| Art 18 | Abolition of titles except military/academic awards |
| Art 20 | Protection against conviction for past offences (no ex post facto law), double jeopardy, self-incrimination |
| Art 21 | Right to life and personal liberty — most litigated FR; includes right to privacy, livelihood, health, education, shelter IMP |
| Art 21A | Right to free & compulsory education (6–14 years) — added by 86th Amendment 2002 |
| Art 22 | Grounds of arrest must be communicated; right to consult lawyer; produced before magistrate within 24 hours; MISA/NSA are preventive detention laws |
| Art 32 | Right to move SC — "heart and soul of Constitution" (Ambedkar); cannot be suspended except during National Emergency |
FRs vs DPSPs: Art 31C (added by 25th Amendment) — laws implementing Art 39(b) and (c) DPSPs cannot be challenged on Art 14/19 grounds. Validated in Kesavananda Bharati but Parliament cannot use DPSPs to destroy basic structure.
📋 Directive Principles of State Policy (Art 36–51, Part IV)
DPSPs are non-justiciable (cannot be enforced by courts) but fundamental in governance. Borrowed from Irish Constitution. Described as "Instrument of Instructions" to the state. Ambedkar called them "novel feature" of Constitution.
Classification of DPSPs
🔴 Socialistic DPSPs
- Art 38 — Promote social order, reduce inequalities
- Art 39 — Equal pay for equal work; adequate means of livelihood; ownership of material resources for common good; no concentration of wealth IMP
- Art 39A — Free legal aid (added by 42nd Amendment)
- Art 41 — Right to work, education, public assistance
- Art 42 — Maternity relief, just conditions of work
- Art 43 — Living wage for workers
- Art 43A — Participation of workers in management (42nd Amendment)
- Art 47 — Nutrition, standard of living, prohibition of intoxicants
🔵 Gandhian DPSPs
- Art 40 — Organise village panchayats PYQ
- Art 43 — Promote cottage industries
- Art 43B — Cooperative societies (97th Amendment)
- Art 46 — Promote educational interests of SC/ST/weaker sections
- Art 47 — Prohibition of slaughter of cows, calves, milch and draught cattle
- Art 48 — Organise agriculture and animal husbandry on modern lines
🟢 Liberal-Intellectual DPSPs
- Art 44 — Uniform Civil Code IMP
- Art 45 — Early childhood care (after 86th Amendment — free education up to 6 years)
- Art 48 — Environment protection, safeguard forests (added by 42nd)
- Art 49 — Protection of monuments
- Art 50 — Separation of judiciary from executive
- Art 51 — Promote international peace; respect international law
Important DPSPs — Quick Reference
| Art | DPSP | Implemented via |
|---|
| Art 39(b) | Material resources for common good | Land reform laws, nationalization |
| Art 40 | Village Panchayats | 73rd Amendment 1992 |
| Art 44 | Uniform Civil Code | Pending; debated in Shah Bano, Triple Talaq cases |
| Art 45 | Free & compulsory education | 86th Amendment → Art 21A (made FR) |
| Art 48A | Protect environment, forests, wildlife | Environmental laws; Art 51A(g) makes it FR duty |
| Art 50 | Separate judiciary from executive | CrPC provisions |
🎯 Fundamental Duties (Art 51A, Part IV-A)
Added by 42nd Amendment 1976 (on Swaran Singh Committee recommendations). Originally 10 duties; 11th duty added by 86th Amendment 2002 (duty of parents to provide education to children 6–14 years). Not justiciable. Borrowed from USSR Constitution.
| # | Fundamental Duty |
|---|
| 1 | Abide by Constitution and respect national flag and National Anthem |
| 2 | Cherish and follow noble ideals of national struggle |
| 3 | Uphold and protect sovereignty, unity, integrity of India |
| 4 | Defend the country; render national service when called upon |
| 5 | Promote harmony; renounce derogatory practices against women |
| 6 | Value and preserve rich heritage of composite culture |
| 7 | Protect and improve natural environment PYQ |
| 8 | Develop scientific temper, humanism, spirit of inquiry and reform |
| 9 | Safeguard public property; abjure violence |
| 10 | Strive towards excellence in individual and collective activity |
| 11 | Duty of parent/guardian to provide education to child aged 6–14 years (86th Amendment 2002) |
Verma Committee (1999): Recommended making some duties justiciable. Courts have used FDs to uphold laws — if a law is enacted to enforce FDs, it cannot be challenged as violating FRs (Rangarajan Case).
🏛️ Parliament (Articles 79–122, Part V)
Parliament of India = President + Lok Sabha (House of the People) + Rajya Sabha (Council of States). Unicameral at state level (most states); bicameral in 6 states (AP, Bihar, Karnataka, Maharashtra, Telangana, UP).
Lok Sabha (Lower House)
| Feature | Details |
|---|
| Maximum strength | 552 (530 states + 20 UTs + 2 nominated Anglo-Indians — Anglo-Indian nomination removed by 104th Amendment 2020) |
| Present strength | 543 (elected) — effective after delimitation |
| Tenure | 5 years (can be extended during National Emergency year by year) |
| Minimum age | 25 years |
| Presiding officer | Speaker (elected by Lok Sabha members) |
| Deputy Speaker | Elected by members; presides when Speaker absent |
| Quorum | 1/10th of total membership (55 members) |
| Speaker casting vote | Speaker does NOT vote; uses casting vote only in case of tie |
| Protem Speaker | Appointed by President to administer oath to new members; senior-most member |
Rajya Sabha (Upper House)
| Feature | Details |
|---|
| Maximum strength | 250 (238 elected from states/UTs + 12 nominated by President) |
| Present strength | 245 |
| Nature | Permanent body — cannot be dissolved; 1/3rd members retire every 2 years |
| Term of each member | 6 years |
| Minimum age | 30 years |
| Presiding officer | Vice President is ex-officio Chairman; Deputy Chairman elected by RS members |
| Nominated members | 12 — persons of distinction in arts, literature, science, social service |
| Quorum | 1/10th of total members (25) |
| Special powers | Art 249 — Pass resolution enabling Parliament to legislate on State List; Art 312 — create new all-India service |
Types of Bills
| Type | Definition | Special Procedure |
|---|
| Ordinary Bill | Any bill other than Money/Financial/Constitutional | Passed by simple majority; joint sitting possible if deadlock |
| Money Bill (Art 110) | Only about taxation, borrowing, Consolidated Fund | Originates only in Lok Sabha; RS can only suggest (not amend); must return in 14 days; Speaker certifies IMP |
| Financial Bill | Contains provisions of Art 110 + other matters (Cat I) OR any bill with financial implications (Cat II) | Cat I — like Money Bill except RS has no 14-day restriction; Cat II — ordinary bill procedure |
| Constitutional Amendment (Art 368) | To amend Constitution | 2/3rd majority in each house + 50% of states (for certain provisions); no joint sitting |
| Private Member Bill | Introduced by any MP other than a minister | Fridays; rarely passed |
Parliamentary Procedures & Terms PYQ
| Term | Meaning |
|---|
| Zero Hour | 12 noon — MPs can raise any matter without prior notice (not in rules, Indian innovation) |
| Question Hour | First hour; starred questions (oral answer + supplementary), unstarred (written), short notice |
| Adjournment Motion | Draws attention to urgent definite public importance; in Lok Sabha only |
| Calling Attention Motion | Call minister's attention to urgent matter; minister makes statement |
| No-Confidence Motion | In Lok Sabha only; if passed, Council of Ministers must resign; needs 50 members support to admit |
| Confidence Motion | Government itself moves to prove majority |
| Censure Motion | Against specific minister or ministers; can be passed in Lok Sabha; need not resign |
| Cut Motion | Reduce amount of demand in budget; Policy Cut, Economy Cut, Token Cut |
| Guillotine | Demands that have not been discussed are put to vote together on last day of budget discussion |
| Prorogation | End of session; all pending bills lapse (except Constitutional Amendment bills) |
| Dissolution | End of Lok Sabha; by President on PM's advice (or at expiry of term) |
Joint Sitting (Art 108)
- Convened by President; presided by Speaker of Lok Sabha.
- Only for Ordinary Bills and Financial Bill Cat II (NOT Money Bills, NOT Constitutional Amendments).
- Deadlock: bill not passed by other house within 6 months OR rejected OR passed with unacceptable amendments.
- Only 3 joint sittings so far: Dowry Prohibition Bill (1961), Banking Service Commission Repeal Bill (1978), Prevention of Terrorism Bill (2002).
👤 President of India (Articles 52–78)
| Feature | Details |
|---|
| Elected by | Electoral College = elected members of both Houses of Parliament + elected members of State Legislative Assemblies + elected members of UT assemblies of Delhi, Puducherry, J&K |
| Election method | Single transferable vote (Proportional Representation); secret ballot; value of votes weighted |
| Qualification | Citizen of India; 35 years+; eligible for Lok Sabha member; must not hold any office of profit |
| Term | 5 years; eligible for re-election any number of times |
| Oath | Administered by Chief Justice of India |
| Impeachment | Art 61; by either house; notice by 1/4th members; resolution by 2/3rd special majority; other house investigates; NOT done by judiciary |
| Salary | ₹5 lakh per month; charged to Consolidated Fund of India |
Presidential Powers
Executive Powers
- All executive actions in name of President
- Appoints PM, Cabinet ministers, Governors, CAG, CEC, Judges of SC/HC, UPSC Chairman
- Commander-in-Chief of Armed Forces
- Art 77: Rules of Business framed by President
Legislative Powers
- Summons, prorogues Parliament; can dissolve Lok Sabha
- Addresses joint sitting (Art 87)
- Promulgates Ordinances (Art 123)
- Gives assent to bills; can withhold/return (except Money Bills)
- Nominates 12 members to RS, 2 to LS (Anglo-Indian — now removed)
Pardoning Powers (Art 72) PYQ
- Pardon: Complete absolution; removes both conviction and sentence
- Reprieve: Temporary suspension of sentence (pending appeal)
- Respite: Awarding lesser punishment due to special circumstances
- Remission: Reduce sentence without changing nature
- Commutation: Change nature of punishment to lesser (death → life)
- Extends to court-martial cases and capital punishment — distinguishes from Governor's power (Art 161)
Veto Powers
- Absolute Veto: Withhold assent to ordinary/financial bills — bill lapses
- Suspensive Veto: Return bill for reconsideration; if Parliament passes again, must give assent
- Pocket Veto: Neither signs nor returns — no time limit for money bills after joint sitting; but President must act on ordinary bills
- No veto for Money Bills (must give assent or return for reconsideration only once)
- No veto for Constitutional Amendment Bills — must give assent (24th Amendment)
Ordinance Making Power (Art 123) PYQ
- Can be promulgated only when Parliament is NOT in session and urgent action needed.
- Has same force as Act of Parliament.
- Must be laid before Parliament when it reassembles; lapses 6 weeks after reassembly if not approved.
- President can withdraw ordinance anytime.
- Cannot be issued to amend the Constitution.
- SC held in RC Cooper Case — President must act on advice of Cabinet; ordinances can be challenged in court.
- DC Wadhwa Case — Repeated re-promulgation without parliamentary approval = fraud on Constitution.
Discretionary Powers of President
- Appoint PM when no clear majority in Lok Sabha.
- Dissolve Lok Sabha when PM loses majority and cannot prove confidence.
- Refer any matter to Supreme Court (Art 143).
- Return a bill for reconsideration (suspensive veto).
- Ask Council of Ministers to continue as caretaker after dissolution.
🏛️ Prime Minister & Council of Ministers (Art 74–75)
India follows Westminster model (parliamentary system). President is Constitutional/nominal head; PM is real executive head. Art 74 — Council of Ministers to aid and advise President; President shall act on this advice. 44th Amendment — President can ask Cabinet to reconsider advice once, but must accept revised advice.
Council of Ministers — Three Tiers
| Category | Role |
|---|
| Cabinet Ministers | Senior ministers; head important ministries; attend all Cabinet meetings; collectively responsible to Lok Sabha |
| Ministers of State (Independent Charge) | Head minor ministries independently; may attend Cabinet meetings when invited |
| Ministers of State | Assist Cabinet Ministers; generally not independent |
| Deputy Ministers | Assist Cabinet/State ministers; rare now |
Key Principles
- Collective Responsibility (Art 75(3)): Council of Ministers collectively responsible to Lok Sabha — all must resign if no-confidence motion passed.
- Individual Responsibility: Each minister responsible for their own ministry to PM; can be dismissed by President on PM's advice.
- 91st Amendment 2003: Size of Council of Ministers cannot exceed 15% of total strength of Lok Sabha (including PM).
- Membership: Minister must be member of Parliament; if not, must become member within 6 months or cease to be minister.
PM's Key Functions
- Head of government; principal channel of communication between President and Council of Ministers.
- Allocates portfolios among ministers; recommends their appointment and dismissal.
- Chairs Cabinet meetings; coordinates among ministries.
- Heads National Development Council, National Integration Council, Inter-State Council.
- Represents India in G20, SAARC, BRICS summits.
🏛️ Governor (Articles 153–167)
Governor is the constitutional head of state (like President at Union level). Appointed by President. Holds office "during the pleasure of the President" — can be removed anytime. No security of tenure. The same person can be Governor of two or more states.
| Feature | Details |
|---|
| Qualification | Citizen of India; 35 years+; must not hold office of profit; must not be member of state legislature |
| Term | 5 years (conventional); actually at pleasure of President |
| Oath | Administered by Chief Justice of respective High Court |
| Salary | ₹3.5 lakh/month; charged to Consolidated Fund of State |
| Discretionary powers | More than President — real discretion in certain situations (appointment of CM when no majority, dismissal of ministry, reserve bill for President's consideration, report for President's Rule) |
| Pardoning Power (Art 161) | Can pardon except court-martial cases AND death sentence (President alone can pardon death sentence) |
Governor's Special Powers
- Can reserve any bill passed by State Legislature for President's consideration.
- Can promulgate State Ordinances (when State Legislature not in session) — Governor acts on Council of Ministers' advice, but also has wider discretion than President.
- Art 356 — Recommends President's Rule in state; implements it as President's agent.
- Superintendence of state universities (Chancellor in most states).
🏛️ State Legislature (Articles 168–212)
| Feature | Vidhan Sabha (Lower House) | Vidhan Parishad (Upper House) |
|---|
| States having it | All 28 states + Delhi + Puducherry + J&K | Only 6 states: AP, Bihar, Karnataka, Maharashtra, Telangana, UP |
| Strength | Max 500, min 60 (Goa, Sikkim, Mizoram — exception) | Cannot exceed 1/3rd of Vidhan Sabha; min 40 |
| Election | Direct — by voters | Indirect — MLAs, local bodies, teachers, graduates, Governor nominates 1/6th |
| Term | 5 years (can be dissolved by Governor) | Permanent (1/3rd retire every 2 years; each member 6-year term) |
| Min age | 25 years | 30 years |
| Money Bills | Originates only here; Parishad gets 14 days max | Cannot originate; only delay 14 days |
| No-confidence | Council of Ministers responsible to this house | No role |
⚖️ Judiciary (Articles 124–147 for SC; 214–231 for HC)
Supreme Court of India
| Feature | Details |
|---|
| Established | January 28, 1950; Art 124 |
| Judges | CJI + 33 other judges (increased from 7 originally; Parliament sets strength) |
| Appointment | By President in consultation with such judges as deemed necessary — in practice, Collegium system IMP |
| Qualification | Citizen of India; HC judge for 5 years OR advocate of HC for 10 years OR distinguished jurist |
| Term | Up to age 65 years |
| Removal | By President after address by special majority (2/3rd present + voting + majority of total membership) in BOTH houses — impeachment |
| Salary | ₹2.80 lakh/month (CJI); charged to Consolidated Fund of India |
Jurisdiction of Supreme Court PYQ
| Jurisdiction | Details |
|---|
| Original (Art 131) | Disputes between Centre-State, State-State involving questions of law/fact; exclusive jurisdiction; no High Court intervention |
| Writ (Art 32) | Enforcement of Fundamental Rights; can issue 5 types of writs; HC also has writ jurisdiction (Art 226) but wider — HC can issue for any legal right, not just FRs |
| Appellate (Art 132–136) | From HC in Constitutional cases (132), Civil cases (133), Criminal cases (134); Special Leave Petition (136) — discretionary, against any court/tribunal in India |
| Advisory (Art 143) | President can refer any question of law/fact of public importance; SC opinion not binding on President |
| Review (Art 137) | SC can review its own judgements; must be within 30 days (civil) or 90 days (criminal) |
Collegium System PYQ
- Emerged from three judges cases: SP Gupta (1981) — primacy to executive; SC Advocates-on-Record Association (1993) — primacy to CJI; In Re Presidential Reference (1998) — Collegium (CJI + 4 senior SC judges) for SC appointments; CJI + 2 senior judges for HC.
- Government proposed NJAC (99th Amendment) in 2014 — struck down in 2015 as violating basic structure (independence of judiciary).
- Memorandum of Procedure (MoP) — still being finalised between SC and government.
High Court
| Feature | Details |
|---|
| Art 214 | Each state shall have a HC; Parliament can establish common HC for two or more states |
| Appointment | Judges by President in consultation with CJI and Governor of state (and CJ of HC for puisne judges) |
| Term | Until age 62 years |
| Writ Jurisdiction (Art 226) | Wider than SC — can issue writs for any legal right (not just FRs) |
| Supervisory power (Art 227) | Superintendence over all courts and tribunals in state (except military tribunals) |
🏛️ Constitutional Bodies
Election Commission (Art 324)
- Independent body; superintendence, direction, control of elections to Parliament, State Legislatures, President and VP
- Multi-member body (CEC + 2 ECs since 1993)
- CEC removed same way as SC judge; ECs removed on recommendation of CEC
- CEC cannot be removed to his disadvantage after appointment
- Election Commissioner Amendment Act 2023 — selection committee now includes PM, Home Minister, Leader of Opposition (removes CJI)
CAG — Comptroller & Auditor General (Art 148) PYQ
- "Guardian of Public Purse" (Ambedkar)
- Audits all receipts and expenditure of Union and States
- Appointed by President; removed same as SC judge
- Term: 6 years or 65 years (whichever earlier); not eligible for further government office
- Reports submitted to President/Governor → placed before Parliament/State Legislature
- Examined by Public Accounts Committee (PAC) — chaired by opposition leader in Lok Sabha
UPSC (Art 315–323)
- Recruitment to civil services, advises on service matters
- Chairman + members appointed by President; removed only for misbehaviour by SC inquiry
- 1/4th members must have 10 years experience in government service
- Exempt from UPSC: positions requiring special qualifications, Group C & D posts, posts filled by promotion
- State PSC — appointed by Governor; removed by President (not Governor)
Finance Commission (Art 280) PYQ
- Constituted every 5 years by President
- Recommends: distribution of tax revenues between Centre and States; grants-in-aid to states
- 16th Finance Commission (2025–26) — Chairman: Arvind Panagariya
- Art 281 — Report placed before Parliament
Attorney General of India (Art 76)
- Highest law officer of India; government's chief legal adviser
- Appointed by President; must be qualified to be SC judge
- Not a full-time government servant; can practice privately (except against government)
- Right of audience in all courts in India
- Distinguished from Solicitor General (not constitutional; assists AG)
Advocate General of State (Art 165)
- State's highest law officer; advises state government
- Appointed by Governor; must be qualified to be HC judge
- Holds office during pleasure of Governor
- Right of audience in all courts of the state
Statutory Bodies (not in Constitution but important)
| Body | Established by | Function |
|---|
| NITI Aayog | Cabinet Resolution 2015 (replaced Planning Commission) | Policy advisory; no power to allocate funds; promote cooperative federalism |
| National Human Rights Commission | Protection of Human Rights Act 1993 | Inquire into HR violations; can only recommend |
| CBI | Delhi Special Police Establishment Act 1941 | Investigation of serious crimes; needs state consent (Art 131 — Supreme Court in 2021 case) |
| CVC | CVC Act 2003 | Anti-corruption; supervises CBI; not under government control |
| Lokpal | Lokpal and Lokayuktas Act 2013 | Investigates corruption by public servants including PM (with restrictions); Lokayukta = state equivalent |
🚨 Emergency Provisions (Articles 352–360)
Three types of Emergency in India — each with different grounds, effect, and procedure. Critically important for UPSC both Prelims and Mains.
| Feature | National Emergency (Art 352) | President's Rule (Art 356) | Financial Emergency (Art 360) |
|---|
| Also called | Emergency / External Emergency | State Emergency / Constitutional Emergency | — |
| Grounds | War, external aggression, armed rebellion (44th Amend changed "internal disturbance" to "armed rebellion") | Failure of constitutional machinery in state; on Governor's report or otherwise | Threat to financial stability or credit of India or any part |
| Proclaimed by | President (on Cabinet's written advice) | President (on Governor's report or own satisfaction) | President (on own satisfaction) |
| Parliamentary approval | Both houses within 1 month; 2/3rd majority + 50% total membership; can be revoked by simple majority of Lok Sabha | Both houses within 2 months; simple majority; extended every 6 months | Both houses within 2 months; simple majority |
| Duration | 6 months at first; indefinitely renewable every 6 months | Maximum 3 years (6 months + 6 + 6 + 12 months with special provision after 1 year) | Indefinitely with Parliamentary approval |
| Effect on FRs | Art 19 suspended automatically; Art 20 & 21 cannot be suspended (44th Amendment) | No direct effect on FRs | No direct effect on FRs |
| Effect on states | Parliament can legislate on State List; Centre directs states | President takes over state executive functions; Parliament legislates for state | Centre can direct states on financial matters; reduce salaries of government servants including judges |
| Historical | 1962 (China war), 1971 (Bangladesh), 1975 (internal — revoked 1977) | 100+ times; J&K (most); Punjab 1987 | Never proclaimed |
Key Safeguards (44th Amendment 1978)
- National Emergency can be proclaimed only on basis of written advice of Cabinet.
- "Internal disturbance" changed to "armed rebellion".
- Lok Sabha can pass a resolution by simple majority to revoke National Emergency — President must revoke.
- Art 20 and 21 (conviction, double jeopardy, right to life) cannot be suspended even during National Emergency.
S.R. Bommai Case (1994) — Landmark
- Imposed of President's Rule is subject to judicial review.
- Test of majority must be on floor of house (not Governor's subjective satisfaction).
- Secularism is part of basic structure; anti-secular activities can justify Art 356.
- State Legislature cannot be dissolved until Parliament approves the proclamation.
📑 Schedules of the Constitution
| Schedule | Subject | Key Content |
|---|
| 1st | States and UTs | Names of 28 states, 8 UTs and their territories PYQ |
| 2nd | Emoluments | Salaries of President, Governors, Speaker, CJI, etc. |
| 3rd | Oaths and Affirmations | Forms of oaths for President, ministers, MPs, judges |
| 4th | Allocation of seats in Rajya Sabha | Seats allocated to each state/UT in RS PYQ |
| 5th | Scheduled Areas and Scheduled Tribes | Administration of SC/ST areas; Tribes Advisory Council |
| 6th | Tribal Areas in North-East | Autonomous District Councils in Assam, Meghalaya, Tripura, Mizoram IMP |
| 7th | Division of Powers | Union List (97 subjects), State List (66 subjects), Concurrent List (47 subjects) IMP |
| 8th | Official Languages | 22 scheduled languages (originally 14; Sindhi added 1967; Konkani, Nepali, Manipuri 1992; Bodo, Dogri, Santhali, Maithili 2003) PYQ |
| 9th | Land Reform Acts | Laws placed here are immune from judicial review on FR grounds — but after Coelho case (2007), can be reviewed if added after 24 April 1973 and violates basic structure |
| 10th | Anti-Defection Law | Added by 52nd Amendment 1985; grounds for disqualification of MPs/MLAs; Speaker/Chairman decides; decision subject to judicial review (Kihoto Hollohan case) IMP |
| 11th | Panchayati Raj | 29 subjects transferred to Panchayats (73rd Amendment 1992) |
| 12th | Municipalities | 18 functions transferred to municipalities (74th Amendment 1992) |
7th Schedule — Legislative Lists PYQ
| List | Subjects (count) | Key Examples |
|---|
| Union List (List I) | 97 subjects (originally 97) | Defence, Foreign affairs, Atomic energy, Railways, Shipping, Air, Posts, Currency, Banking, SC/HC, Census, Citizenship, Elections |
| State List (List II) | 66 subjects (originally 66) | Law & order, Police, Prisons, Local government, Public health, Agriculture, Land, Forests (moved to Concurrent), Fisheries, Trade within state, Entertainment |
| Concurrent List (List III) | 47 subjects (originally 47) | Criminal law, Marriage & divorce, Bankruptcy, Contracts, Education (moved from State by 42nd Amend), Forests, Environment, Population control, Drugs, Newspapers |
| Residuary powers | With Parliament | Art 248 — Parliament legislates on any matter not in any list; India follows US pattern (BUT unlike USA where residuary is with states) |
🔧 Key Constitutional Amendments PYQ
| Amendment | Year | Key Changes |
|---|
| 1st | 1951 | Added 9th Schedule; restricted right to property; enabled land reform laws; added reasonable restriction to Art 15, 19 |
| 7th | 1956 | Reorganisation of states on linguistic basis; abolished Part B states; established common HCs for states |
| 24th | 1971 | Parliament has power to amend any part of Constitution including FRs; President must give assent to constitutional amendments |
| 25th | 1971 | Right to property no longer FR; laws implementing Art 39(b)(c) cannot be challenged on Art 14/19 grounds (Art 31C) |
| 42nd | 1976 | "Mini-Constitution" — Added Socialist, Secular to Preamble; added Fundamental Duties; made DPSPs superior to FRs; Tribunals (Part XIV-A); stripped courts of power to review constitutional amendments; many other changes. Most controversial, largest amendment. During Emergency (Indira Gandhi govt) |
| 44th | 1978 | Reversed many 42nd Amendment changes; removed Right to Property from FRs (Art 300A); changed "internal disturbance" to "armed rebellion"; Art 20/21 cannot be suspended in Emergency; written Cabinet advice mandatory for National Emergency |
| 52nd | 1985 | Anti-Defection Law (10th Schedule) |
| 61st | 1988 | Reduced voting age from 21 to 18 years |
| 69th | 1991 | Special status to Delhi — NCT of Delhi; elected assembly and council of ministers |
| 73rd | 1992 | Panchayati Raj — constitutional status to Panchayats; 3-tier structure; reservation for women (1/3rd); 11th Schedule (29 subjects) |
| 74th | 1992 | Municipalities — constitutional status; ward committees; 12th Schedule (18 subjects); reservation for women |
| 86th | 2002 | Art 21A — Right to Education (6–14 years) as FR; 11th Fundamental Duty; amended Art 45 (care for children up to 6 years) |
| 91st | 2003 | Size of Council of Ministers — max 15% of Lok Sabha strength (including PM) |
| 97th | 2011 | Right to form cooperative societies (Art 19); added cooperative societies to DPSPs (Art 43B); Part IX-B added |
| 99th | 2014 | NJAC — struck down by SC in 2015 as violating basic structure |
| 101st | 2016 | GST — Goods & Services Tax; concurrent power to Centre and States to levy GST; Art 246A, 269A, 279A; GST Council PYQ |
| 102nd | 2018 | Constitutional status to National Commission for Backward Classes (NCBC) |
| 103rd | 2019 | 10% EWS (Economically Weaker Sections) reservation in addition to existing SC/ST/OBC reservation |
| 104th | 2020 | Extended reservation for SC/ST in Lok Sabha and state assemblies for 10 more years (till 2030); removed Anglo-Indian nomination |
| 105th | 2021 | States restored power to make their own OBC list (reversed effect of Maratha reservation SC judgement) |
Basic Structure Doctrine — Kesavananda Bharati v State of Kerala (1973): Parliament cannot amend the basic structure of the Constitution. Elements: Supremacy of Constitution, Republican and democratic form of government, Secularism, Separation of powers, Federalism, Unity and integrity, Independence of judiciary, Free and fair elections, Rule of law, Judicial review, Fundamental Rights (core).
🗺️ Federalism & Centre-State Relations
India is described as "quasi-federal" or "federal with strong unitary bias" — K.C. Wheare called it "quasi-federal". SC in SR Bommai Case (1994) held federalism is part of basic structure. India has federal features but with strong centralising tendency.
Federal Features vs Unitary Features
✅ Federal Features
- Written constitution
- Division of powers (7th Schedule)
- Supremacy of Constitution
- Independent judiciary
- Bicameral legislature
- Rigid amendment procedure (certain provisions)
⚡ Unitary/Centralising Features
- Single Constitution for Centre and States
- Governors appointed/removed by President
- Parliament can alter state boundaries (Art 3)
- Single citizenship
- Emergency provisions override federalism
- Residuary powers with Centre
- IAS/IPS — all-India services under Centre
- Integrated judiciary (HC supervised by SC)
- Finance Commission — grants from Centre
Centre-State Relations
| Area | Key Provisions |
|---|
| Legislative | Parliament can legislate on State List: Art 249 (RS resolution), Art 250 (National Emergency), Art 252 (two states request), Art 253 (international treaty) |
| Administrative | Centre gives directions to states on: use of state highways, railways protection, ensuring Concurrent List laws followed, state must act in exercise of executive power conforming to laws of Parliament |
| Financial | Finance Commission; Grants-in-aid (Art 275); Loans (Art 293); State borrowing with Centre's consent if outstanding loan exists |
| Inter-State Council | Art 263 — President can establish; PM is Chairman; Chief Ministers are members; recommends on inter-state disputes and coordination |
| Zonal Councils | Statutory body (States Reorganisation Act 1956); 5 councils; Union Home Minister is Chairman; advisory; promote inter-state cooperation |
Panchayati Raj — 73rd Amendment 1992 PYQ
| Feature | Details |
|---|
| Three-tier structure | Gram Panchayat (village) → Panchayat Samiti (intermediate) → Zila Parishad (district) |
| Art 243B | Mandatory 3-tier structure in states with population over 20 lakh |
| Art 243D | Reservation — SC/ST proportional to population; minimum 1/3rd for women (states can provide 50%) |
| Art 243E | Term 5 years; new elections within 6 months of dissolution |
| Art 243G | Devolution of powers — 29 subjects in 11th Schedule |
| Art 243I | State Finance Commission — constituted every 5 years |
| Art 243K | State Election Commission — superintendence of Panchayat elections |
| Exceptions | Not applicable to scheduled areas (5th Schedule); Nagaland, Mizoram, Meghalaya, Manipur hill areas (6th Schedule areas) |
Content compiled from M. Laxmikanth's Indian Polity, Constitution of India, Bare Text of Articles, Supreme Court judgements, and UPSC previous year questions. For UPSC preparation only — verify with official sources at upsc.gov.in and legislative.gov.in.