Indian Polity and Constitution - (Introduction)

Indian Polity: Introduction

(For Prelims & Mains)

Syllabus of Examination


  • CSE Prelims: Indian Polity and Governance, Constitution, Political System, Panchayati Raj, Public Policy and Right Issues.

  • CSE Mains: Paper III (GS Paper - 2): It includes Governance, Constitution, Polity, Social Justice, International Relations.

Note: We have already suggested in our previous related articles that aspirants must read the entire syllabus first before appearing in this examination. Because it is too large and we can't put it here and you can get it from UPSC's official website which is available for free.

Indian Constitution


See, it is not only for UPSC but for general citizen also and one should aware about it as it is Supreme law of our country. It governs literally everything which you see around is dictated by constitution of India.

  • For Government - It includes fundamental political principles which should they abide all the time, they establishes the structure, protocols, procedures, the power and duties. Basically it provides the basic framework over which you can function and in which the rules are filled by the bureaucracy, acts, bills and all. So, do not include the major rules but include the framework that's the most important difference.
  • For Citizens - It sets out the fundamental rights, directive principles of state policies and the the duties of citizens (Article - 51A).

It is the longest written constitution of any sovereign country with 448 article in 25 parts, 12 schedules, 5 appendices and 98 amendments (out of 120 Constitution Amendment Bills).

Basics of Constitution of India


It is federal with strong centre and federal government includes - Governor (states), Lieutenant Governor (Union territories), Chief Minister (all states and some of the UTs). The 73rd and 74th Amendment Act include the Panchayati Raj in rural areas and Municipal in urban areas. They were elected in 1992 and did tremendous shift with 3 tier system over some states like Rajasthan. In Article 370 it gives a special status and privilege to Jammu and Kashmir, out of which they can also make their own constitution and can have citizens i.e. double citizens are also possible as far their citizen of J&K they can also be a citizen of India. Then it was adopted by Indian Constitution Assembly on 26th Novermber 1949, and came into effect on 26th January 1950.

Constitutional Autochthony


Assertion of not just autonomy, but that constitution derives from their own native tradition. The autochthony, or home grown nature of constitutions, give them authenticity and effectiveness. So, it is autonomous and it is emanating from the people of India itself i.e. Indians have given them the constitution, does not been enforced upon by a foreign nation. To ensure Constituent Assembly, the framers of constitution inserted Article 395 in the constitution, repeating Indian Independence Act, 1947. 26th January - It commemorate the Purna Swaraj declaration of independence of 1930. Republic of India, it came into being replacing the Government of India Act 1985.

Adoption


Mostly it is influenced by the British model of Parliament democracy and Government of India Act 1935. But other includes -

  • USA: (1) Preamble and Fundamental Rights, (2) Judicial review, Separation of Power, Independence of Judiciary, (3) Office of Vice President, (4) Impeachment of President, Supreme Court and High Court Judges.
  • Canada: Federal Government with strong centre, placing residuary powers with centre, Appointment of State Governors by Centre, Advisory review role of Supreme Court.
  • Government of India Act, 1935: (1) Federal structure and Office of Governor, (2) Judiciary Power Division, (3) Service Commission
  • Britain: (1) Parliamentary System, (2) Rule of Law, (3) Single Citizenship, (4) Office of Comptroller and Auditor General (CAG), (5) Legislation, (6) Cabinet form of government, (7) Prerogative writs and Bicameralism
  • Germany: Emergency provisions including suspension of fundamental rights during emergency.
  • USSR: Fundamental Duties.
  • Australia: (1) Concurrent list, (2) Freedom of Trade, (3) Commerce and interstate trade, (4) Joint sitting of Parliament
  • South Africa: (1) Amendment Procedure, (2) Indirect election of Rajya Sabha members
  • Japan: Procedure established by law
  • Ireland: (1) DPSP (Directive Principles of State Policy), (2) Election process of President and Nomination of members by President
  • France: Idea of Liberty, Equality and Fraternity
  • Russian Revolution: Idea of Justice - Social, Political and Economic (PSE)

Salient Features


It is lengthiest constitution, drawn from various sources (adopted), rigid as well as flexible, parliamentary from government, Fundamental rights, Directive principles of state policy, integrated and independent judiciary (unlike in USA), secularism, independent bodies (UPSC, EC, State PSCs, CAG), Emergency provisions, three-tier government (Centre in the Union, State and Panchayati Raj & Municipalities), Preamble, Universal Adult Franchise, Single Citizenship.

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