The Polity & Governance Compendium for IAS Prelims General Studies CSAT Paper 1, UPSC & State PSC

220 Pages·2017·21.17 MB·English

by  Disha Experts

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CONTENTS
1. Constitutional Framework and Citizenship P-1-P-22
2. HFuisntodraimcael nBtaaclk Rgrigohuntsd, ;F Muankdianmg Seanltieanl tD &u tFieeast aunreds DOifr Iencdtiiavne CPorninsctiitpulteios no;f P Satrattse O Pfo Cloicnys titution P-23-P-40
Fundamental Rights; Cultural and Educational Rights; Directive Principles of the State Policy;
3. UFunniodnam Geonvtearln Dmuetinest P-41-P-92
President; Vice President; Prime Minister; Council of Ministers; Attorney General of India;
4. SPtaartleia Gmoevnetr Hnomuesenst; Legislative Procedures; Parliamentary Committees P-93-P-118
Introduction; Governor; Chief Minister; Council of Ministers (COM); Advocate General ;
5. LLoegcaisll aGtoivvee Arnssmeemnbtl y (Vidhan Sabha); Centre-state Relations P-119-P-136
Introduction; Panchayati Raj; 73rd Ammendment Act; Municipalities; 74th Amendment Act;
6. JCuodmicmiaisrsyi ons and Acts P-137-P-164
Introduction; Union Judiciary; Supreme Court; High court; Subordinate Courts; Other Local
7. MCoisucretsl;l aCnreimouinsa Tl oLapwic s(A mendment) Act, 2013 P-165-P-195
Introduction; Planning Commission; NITI Aayog; National Development Council (NDC); Finance
Commission; Election Commission; Political Parties and Pressure Group; National Commission
8. Afomr eSCnsd &m SeTnst;s U &P ASCr;t iScSlCes; oLaf wth Ceo Imndmiaisns iCoonn; Tsthietu Ltoioknp al and Lokayuktas P-196-P-216
Introduction; Amendment List; Article List

POLITY
1
CONSTITUTIONAL FRAMEWORK
AND CITIZENSHIP
Chapter
Introduction
The term constitution is derived from latin word “constituere” which means to “to establish”.
Constitution means a document having a special legal sanctity, which sets out the framework, principles and functions of the
government. The idea of constitutionalism suggests ways and means to work out a government form, which exercises power
and ensures, at the same time, individual freedom and liberty.
Indian Constitutional Framework
Making of Salient Features Parts of Constitution
Historical Background
Indian Constitution of Constitution
About Important Sources Brief Schedules
Constitution Acts description
of Important
features
Important objective Important
Events Resolution Committees
Preamble Union Citizenship
and its
Territory
Related State Territory
Articles Reorganisation of India
Act
P-2 Constitutional Framework and Citizenship
HISTORICAL BACKGROUND
Constitutional
Important Provisions
Landmark
Regulating Act, 1773 • British government to regulate affairs of East India Co.
• Designated Governor of Bengal as Governor General of Bengal. Warren Hastings was the first
Governor General.
• Established a Supreme Court at Calcutta.
Pitts India Act, 1784 • Indian affairs under direct control of British government.
• Board of Control was established.
Charter Act of 1793 • Salary of company to drawn from the Indian exchequer.
• The Governor General and governors to override the decision of Councils.
• Company got monopoly of trade with India for another 20 years.
Charter Act, 1833 • Governor General of Bengal became Governor General of India.
• Lord William Bentinck was the first Governor General of India.
• The Act centralized British rule in India.
• Created Government of India, with authority over all of British India.
• East India Co. lost its monopoly of tea trade and China trade.
• The Indian Civil Services was founded.
Charter Act, 1853 • Separated legislative & executive functions of Governor General’s Council.
• Open competition for Indian Civil Services.
• Patronage of the directors of the company ends.
Government of India, Act, • Act known as the Act for the Good Government of India.
1858 • Company rule was replaced by British crown.
• Secretary of State for India was appointed to exercise the power of the Crown. He was a member
of British cabinet, responsible to it and was assisted by Council of India with 15 members.
• Governor General became the agent of the crown and now known as Viceroy of India.
• Lord Canning became the first Viceroy of India.
Indian Councils Act, 1861 • Parliamentary system started in India.
• Indians became non-official members of the legislature.
• Started decentralization of power.
• Recognition to the ‘Portfolio’ system, was introduced by Lord Canning in 1859.
Indian Councils Act, 1892 • Introduced indirect elections. Governor General could nominate members.
• Functions of Legislative Council Expanded to discuss the budget and ask questions to the executive.
Indian Councils Act, 1909 • Central Legislative Council became imperial Legislative Council with officials forming the
(Morley-Minto Reforms. majority.
Lord Morley was then the • Provincial legislative councils had a majority of non-official members.
secretary of state for India • Satyendra Prasad Sinha became the first Indian to join the Viceroy’s Executive Council.
and Lord Minto was then • Introduced communal representation for muslims with a separate electorate system. Legalized
the viceroy of India). communalism. Lord Minto created a communal electorate.
Government of India • Separated central subjects from provincial subjects.
Act, 1919/ Montague • Provincial subjects were transferred and reserved.
- Chelmsford Reforms. • Transferred subjects were administered by Governor with the help of ministers who were
Montague was the responsible to the legislature.
secretary of state for India • Reserved subjects were administered by Governor and Executive Council who were not
and Lord Chelmeford was responsible to the legislature.
the viceroy of India.
• Dyarchy/ Dual system of government was introduced.
• Bicameral legislature with upper and lower houses were formed with direct elections.
• Majority of members in both houses were directly elected.
• 3 of the 6 members of governor-general’s council had to be Indians.
Constitutional Framework and Citizenship P-3
Government of India Act, • Established All India federation of provinces & princely states as constituent units.
1935 • It provided for the establishment of Reserve Bank of India, Federal Court, Public Service
Commission, Provincial Public Service Commission & Joint Public Service Commission for
two or more Provinces.
• Federal, provincial and concurrent were lists introduced.
• Abolished dyarchy in provinces which now had provincial autonomy.
• Introduced dyarchy at the centre and bicameralism in the provinces.
• Introduced responsible governments in provinces.
The August Offer, 1940 • Expansion of the Governor-General’s Executive Council to include more Indians.
• Establishment of an Advisory War Council.
Cripps Proposals, 1942 • Provision made up for participation of Indian States in the Constitution making body.
• The leaders of the principal sections of the Indian people were invited to take active and
effective participation in the councils of their country.
C.R. Formula, 1944 • C.R. Raja Gopalchari presented the ‘C.R. Formula’ by which the Muslim League would
support the Congress demand for complete freedom.
Wavell Plan, 1945 • Under this plan, India was to be granted Dominion status in the near future.
Lord Attlee’s • On 15 March 1946, Lord Attlee declared that as the tide of nationalism was surging ahead in
Announcement, March 1946 India, it was in British interest to take positive action.
Cabinet Mission Plan, 1946 • There should be a Union of India, embracing both British India and the states which should
deal with foreign affairs.
• To set up Interim Government.
• A Constituent Assembly should be set up to draw up the future Constitution of the country.
Indian Independence Act, • Declared India as independent & sovereign state.
1947 • Established responsible government at the Center & Provinces.
• Designated Governor General of India & Provincial Governors as Constitutional heads or
nominal heads.
• Lord Mountbatten became the first Governor General of free India. The first & last Indian
Governor General was C. Rajagopalachari.
Interim Government (1946) First Cabinet of Free India (1947)
Members Portfolios Held
S. No Members Portfolios Held
Pt. Jawaharlal Nehru Prime Minister, External Affairs
1. Pt. Jawaharalal Nehru External Affairs and
and Commonwealth Relation;
Commonwealth Relations
Scientific Research
2. Sardar Vallabhbhai Home, Information and
Sardar Vallabhbhai Patel Home, Information and Broadcasting;
Patel Broadcasting
States
3. Dr Rajendra Prasad Food and Agriculture
Dr. Rajendra Prasad Food and Agriculture
4. Dr John Mathai Industries and Supplies
Maulana Abul Kalam AzadEducation
5. Jagijvan Ram Labour
Dr. John Mathai Railways and Transport
6. Sardar Baldev Singh Defence
RK Shanmugham Chetty Finance
Dr. BR Ambedkar Law
7. CH Bhabha Works, Mines and Power
Jagjivan Ram Labour
8. Liaquat Ali Khan Finance
Sardar Baldev Singh Defence
9. Abdur Rab Nishtar Posts and Air
Raj Kumari Amrit Kaur Health
10. Asaf Ali Railways and Transport
11. C Rajagopalachari Education and Arts C.H. Bhabha Commerce
12. II Chundrigar Commerce Rafi Ahmed Kidwai Communication
13. Ghaznafar Ali Khan Health
Dr. Shyama Prasad MukherjiIndustries and Supplies
14. Joginder Nath Mandal Law
V.N. Gadhil Works, Mines and Power
P-4 Constitutional Framework and Citizenship
Sources of Indian Constitution Indian Constitution.
• Out of 389 members, 296 were indirectly elected from
India constitution has borrowed its provisions from following
British India and 93 were nominated by princely states.
sources. The Constituent Assembly had both nominated and
elected members. The elected members were indirectly
Country Provisions Borrowed
elected by members of the provincial assemblies.
Government of Federal scheme. ▪ First meeting of Constituent Assembly was held on
India Act, 1935 Declaration of emergency powers. Dec 9, 1946.
Ordinance defining the power of the ▪ Muslim League boycotted the Constituent Assembly.
President and Governors. ▪ Dr. Sachidanand Sinha, the senior most member of
Office of the Governor. the assembly, was elected as the temporary president
Power of federal judiciary. of the assembly.
Administration at the Centre and state level. ▪ Dr. Rajendra Prasad was elected as the permanent
president of the Assembly.
United Parliamentary system.
▪ Sir B. N. Rau was appointed as the legal advisor to
Kingdom Bicameral parliament.
the Assembly.
Prime minister. ▪ An Objective Resolution’ was moved by Jawaharlal
Council of ministers. Nehru on Dec. 13, 1946, which later became the
Single citizenship. Preamble to the Constitution.
Office of CAG. ▪ On the 26th November, 1949 the Constitution
Writ jurisdiction of courts. was declared as passed after the President of the
Rule of law. Assembly signed the document. Thus on 26th
November, 1949 the Constitution of India was
USA Written Constitution.
adopted. The commencement of the Constitution
Fundamental rights.
occurred on 26th Jan. 1950.
Supreme Court.
▪ Provisions relating to citizenship, elections,
President as executive head of the state. provisional parliament, and temporary provisions
Impeachment of the President, removal of became effective from 26th November, 1949.
SC and HC judges. ▪ On January 24, 1950 the Constituent Assembly held
Vice President as chairman of Rajya Sabha. its final session. It had continued as a provisional
Judicial review, independence of judiciary. parliament from 26 January, 1950 till the formation
of new parliament in May, 1952.
Australia Concurrent list.
• First ‘Draft Constitution of India’ was published in Feb,
Cooperative federalism.
1948. It was prepared by Sir B. N. Rau, Constitutional
Joint sitting of two houses of parliament.
Advisor to the Constituent Assembly.
USSR Fundamental duties. • Dr. B. R. Ambedkar is considered the father of the Indian
Weimer Suspension of fundamental rights during Constitution.
Constitution of emergency. • The Constituent Assembly took almost 3 years (2 years,
Germany Ballot system. 11 months & 18 days) to draft the Constitution for
Independent India.
Canada Federal system.
• It held 11 sessions covering a total of 165 days.
Residuary powers.
Appointment of Governor. Objective resolution
Advisory jurisdiction of SC.
On January 22, 1947, the Constituent Assembly adopted
South Africa Procedure of constitutional amendment. Objective Resolution proposed by Jawahar Lal Nehru. The
Electing member to Rajya Sabha.
Objectives Resolution contained the fundamental propositions
Ireland Concept of directive principles of state of the Constitution and set forth the political ideas that should
policy. guide its deliberations.
Nomination of members to Rajya Sabha by The main principles of the resolution were:
the President.
(i) India is an Independent, Sovereign, Republic;
Presidential election.
(ii) India shall be a Union of erstwhile. British Indian
territories, Indian states and the parts outside British
MAKING OF INDIAN CONSTITUTION India and Indian states as are willing to be a part of the
Union.
• The idea of Constituent Assembly for making the
(iii) Territories forming the Union shall be autonomous units
Constitution was first mooted by M. N. Roy in 1934.
and exercise all powers except those assigned to or vested
Indian National Congress (INC) officially demanded the
in the Union.
formation of Constituent Assembly in 1935. The demand
(iv) All powers and authority of sovereign and independent
was accepted, in principle, for a Constituent Assembly in
India and its Constitution shall flow from the people.
August offer of 1940.
• Under the Cabinet Mission Plan, 1946 a Constituent (v) All people of India shall be guaranteed and secured
Assembly was constituted in Nov. 1946 for framing the social, economic and political justice; equality of status
Constitutional Framework and Citizenship P-5
and opportunities before law; and fundamental freedoms the parliament as well as ratification of not less than one-
of talk, expression, belief, faith, worship, vocation, half of the state legislatures (Article 368). Again, some
association and action - subject to law and public morality. provisions of the Constitution can be amended by the
(vi) The minorities, backward and tribal areas, depressed and parliament alone by a two-third majority.
other backward classes shall be provided adequate safe (iii) Parliamentary System of Government
guards. The Constitution provides for a parliamentary system of
(vii) The territorial integrity of the republic and its sovereign government under which the real executive power rests
rights on land, sea and air shall be maintained according with the Council of Ministers and the President is only a
to justice and law of civilized nations. nominal head. The Council of Ministers stay in office as
(viii) The land would make full and willing contribution of the long as they enjoy the confidence of the Parliament.
promotion of world peace and welfare of mankind. The framers of the Constitution decided to adopt a
parliamentary system of government for several reasons.
Important Committees Firstly, the system was already in existence in India and
people were well acquainted with its working.
COMMITTEE CHAIRMAN
Secondly, the vast size of the country and the diversity
Drafting Committee Dr. B.R. Ambedkar
of its culture necessitated the adoption of a parliamentary
Members: (Father of the Indian form of government.
• Alladi Krishnaswamy Ayyar Constitution) Thirdly, the desire to avoid conflicts between the
• N. Gopala Swami Ayyangar Executive and the Legislature, which was a common
• Dr. KM Munshi features in America, also induced the members of the
• Syed Mohammad Saadullah Constituent Assembly to opt for a parliamentary system.
• N Madhava Rao (iv) Federal System with a Unitary Bias
The Indian Constitution provides for a federation with
• TT Krishna Machari
a strong centre. It is noteworthy that the Constitution
Flag Committee J. B. Kriplani
has not used the word ‘federation’, anywhere, and has
described India as a ‘Union of States’ which implies that
Union Constitution Committee Jawaharlal Nehru the Indian federation is not the result of any agreement
among the units and the units cannot secede from it. India
Provincial Constitution Committee Sardar Vallabh Bhai
possesses most of the federal features but also several of
Patel
the unitary features. The Indian federal structure acquires
Union Powers Committee Jawaharlal Nehru a unitary character during emergency, when the normal
distribution of powers between the centre and the states
Committee on Fundamental Rights Sardar Vallabh Bhai
undergoes vital changes.
and Minorities Patel
Therefore, it is said by KC wheare that India has a
Special Committee to Examine the (Chairman: Alladi quasi federal set up.
Draft Constitution Krishnaswamy Iyer) Morris Jonnes called it as Bargaining Federalism &
Granville Austine called it as Cooperative Federalism.
Finance & Staff Committee Dr. Rajendra Prasad
• India is a distinct federation with following
Ad-hoc Committee on Supreme S. Varadachariar characteristics:
Court ▪ Division of power.
▪ Bicameral legislature.
Ad-hoc Committee on National Flag Dr. Rajendra Prasad ▪ Supremacy of the constitution.
▪ Written constitution.
Committee on Chief Commissioners’ B. Pattabhi ▪ Independency of Judiciary.
Provinces Sitaramayya • Constitution has a unitary bias with:
▪ Appointment of Governors by the centre.
SALIENT FEATURES OF INDIAN
▪ Parliament’s power to legislate in national
CONSTITUTION interest.
▪ Parliament’s power to form new states, change
(i) Bulkiest Constitution of the World their names and alter boundaries of existing
Indian Constitution is the one of longest Constitution in states.
the world. Originally it contained 395 Articles, 22 Parts ▪ Emergency provisions.
and 8 Schedules. After amendments till date, there are ▪ Single constitution.
▪ Single citizenship.
more than 447 Articles, 24 Parts and 12 Schedules.
▪ Integrated judiciary.
(ii) Combination of Rigidity and Flexibility
▪ Comptroller and Auditor General.
The Indian Constitution is a combination of rigidity and
(v) Fundamental Rights
flexibility. While some provisions of the Constitution
can be amended by the Parliament by a simple majority, The Constitution contains an elaborate list of Fundamental
others require a two-third majority of the members of Rights. The state cannot make laws which take away or
P-6 Constitutional Framework and Citizenship
abridge any of the fundamental rights of the citizens. (xii) Emergency Powers
If it does so, the courts can declare such a law as The Constitution vests extraordinary powers in the
unconstitutional. It may be noted that the fundamental President during emergencies arising out of armed
rights granted by the Constitution are not absolute and rebellion or external aggression; emergency due to the
are subject to certain restrictions. In other words, the
breakdown of constitutional machinery in the state;
Constitution seeks to strike a balance between individual
and financial emergency when the credit of the country
liberty and social interests.
is threatened. In fact, during emergency the federal
(vi) Fundamental Duties
Constitution can virtually be converted into a unitary
The constitution also contains a list of 11 fundamental Constitution.
duties of the citizens. While ten of these duties
(xiii) Single Citizenship
were added to the Constitution by the Forty Second
It provides single citizenship. All persons residing in
Amendment in 1976, the eleventh duty was added by the
different parts of the country are treated as Indian citizens
86th Constitutional Amendment Act (2002). These duties
and are entitled to the same rights of citizenship. There is
serve as constant reminders to the citizens that they have
no separate citizenship of different states.
to observe certain basic norms of democratic conduct.
(xiv) Bicameral Legislature
(vii) Directive Principles of State Policy
It provides a bicameral legislature at the Centre consisting
The Constitution outlines certain Directive Principles of
of the Lok Sabha and the Rajya Sabha. The former
State Policy which the government has to keep in mind
contains representative of the people, while the latter
while formulating any policy. These principles seek to
provide social and economic basis for democracy and the contains representatives of the states.
establishment of a welfare state. Unlike the Fundamental (xv) Special Provision of Minorities
Rights, the Directive Principles of State Policy are non- The Consitution makes special provision for minorities,
justiciable, which implies that no action can be brought Scheduled Castes, Scheduled Tribes, etc. It not only
against the State before a court of law for its failure of reserves seats for them in the Parliament and State
implementing the Directive Principles of States policy. legislatures, but also grants them certain special rights
(viii) Secular State and privileges.
The Constitution makes India a secular state. This means (xvi) Panchayati Raj
that there is no state religion and the state is completely
The Constitution provides constitutional basis to
detached from religious dogmas. It also implies that
Panchayati Raj institutions as well as urban local bodies.
citizens are free to profess, practise and propagate any
This was achieved through the seventy-third and
religion. However, freedom of religion is not absolute
seventy-fourth amendments to the Constitution carried
and the same can be regulated in the interest of the public.
out in December 1992.
(ix) Independent & Integrated Judiciary
(xvii) Strike Balance between Constitutional Supremacy
The Constitution provides an independent judiciary which
and Parliamentary Sovereignty
ensures that the government is carried on in accordance
The Indian Constitution combines two seemingly
with the provisions of the Constitution. Judiciary acts as
contradictory principles of supremacy of Constitution,
the guardian of the liberties and fundamental rights of the
(as obtains in USA), and Parliamentary sovereignty
citizens. It also determines the limits of the powers of the
(as obtains in Britain). The Supreme Court through its
centre and the states.
power of judicial review can declare the laws passed by
The Constitution provides a single integrated judiciary
the Parliament as unconstitutional. On the other hand, the
with the Supreme Court at the top. Below the Supreme
Parliament can amend major portions of the Constitution.
Court, there are high Courts at the state level. Under the
High Court, there are Subordinate courts. (xviii) Basic Structure
(x) People as Source of Authority Certain features of the Constitution are beyond the
The Constitution draws its authority from the people and amending powers of the Parliament. All laws and
has been promulgated in the name of the people. This is constitutional amendments which transgress the basic
evident from the Preamble which states ‘We, the people
structure are liable to be struck down. Some of the
of India... do hereby adopt, enact and give to ourselves
major features of the basic structure include; supremacy
this Constitution.’
of the Constitution, republican form of government,
(xi) Universal Adult Franchise
secularism, federal character, sovereignty of the country,
The Constitution introduces universal adult franchise
parliamentary democracy, fundamental rights, directive
and accords the right to vote to all citizens above 18
principles etc. In Kesavananda Bharati Vs State of
years of age without discrimination. However, it makes
reservation of seats for Scheduled Castes and Scheduled Kerala case 1973, Supreme Court propounded the
Tribes to provide them adequate representation. Doctrine of Basic Structure of the Constitution.