Indian Polity

Comprehensive notes for BPSC CCE Prelims & Mains · Covers Constitution, Parliament, Executive, Judiciary, State Government, and Bihar-specific topics

1. Indian Constitution — Overview

Constituent Assembly

The Constituent Assembly of India was constituted under the Cabinet Mission Plan of 1946. It held its first sitting on 9 December 1946 and completed the task of framing the Constitution on 26 November 1949 — a period of 2 years, 11 months, and 18 days. The Constitution came into force on 26 January 1950, chosen to honour the Purna Swaraj declaration of 1930.

Key Features of the Indian Constitution

The Indian Constitution is unique and distinctive in several ways. It is the longest written constitution in the world. Its principal features are:

• Lengthiest Written Constitution: Combines the constitutions of the Centre and States in a single document, unlike federal nations like the USA where states have separate constitutions.
• Federal with Unitary Bias (Quasi-Federal): India has a federal structure — dual government, written constitution, supremacy of constitution, rigid constitution, independent judiciary, bicameralism. However, unitary features dominate during emergencies: single citizenship, integrated judiciary, all-India services, appointment of governors by the Centre, and Centre's power to legislate on State List under certain conditions.
• Parliamentary Form of Government: Modelled on the Westminster system. Executive (Cabinet) is responsible to the Legislature. Real executive power with Prime Minister and Council of Ministers, not the President (nominal head).
• Synthesis of Parliamentary Sovereignty and Judicial Supremacy: Parliament is not absolutely sovereign — the Supreme Court can strike down laws violating the Constitution (Judicial Review). But Parliament can amend the Constitution (with restrictions after Kesavananda Bharati, 1973).
• Integrated and Independent Judiciary: Single integrated judiciary with the Supreme Court at the apex, High Courts in states, and subordinate courts below. Judges enjoy security of tenure.
• Fundamental Rights + DPSP: Part III guarantees Fundamental Rights; Part IV contains DPSP — non-justiciable guidelines for the state. Together they represent the 'conscience' of the Constitution.
• Secular State: Article 25–28 guarantee freedom of religion. The state has no official religion. The words "Secular" and "Socialist" were inserted into the Preamble by the 42nd Amendment (1976).
• Universal Adult Franchise: All citizens above 18 years can vote (voting age reduced from 21 to 18 by the 61st Amendment, 1988).
• Emergency Provisions: Three types of emergency — National (Art 352), State/President's Rule (Art 356), and Financial (Art 360) — which can fundamentally alter the federal character temporarily.

2. The Preamble

Key Words Explained

3. Sources of the Indian Constitution

4. Fundamental Rights (Articles 12–35)

Part III of the Constitution (Articles 12–35) contains the Fundamental Rights. These are justiciable — individuals can approach the Supreme Court (Article 32) or High Courts (Article 226) for enforcement. They are not absolute; the State can impose reasonable restrictions.

Category 1 — Right to Equality (Articles 14–18)

Category 2 — Right to Freedom (Articles 19–22)

Restrictions on these freedoms can be imposed on grounds such as sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, or incitement to an offence. The restrictions must be reasonable.

Article 20 provides three protections to persons accused of crimes: (i) Protection against ex-post facto laws (no person shall be convicted of any offence except for violation of a law in force at the time of the act); (ii) Protection against double jeopardy (no person shall be prosecuted and punished for the same offence more than once); (iii) Protection against self-incrimination (no person accused of an offence shall be compelled to be a witness against himself).

Article 22 provides protections against arbitrary arrest and detention: right to be informed of grounds of arrest, right to consult and be defended by a lawyer, production before a Magistrate within 24 hours of arrest, and cannot be detained beyond 24 hours without Magistrate's order. Exceptions apply to enemy aliens and persons detained under Preventive Detention laws.

Category 3 — Right Against Exploitation (Articles 23–24)

Article 23 prohibits traffic in human beings, begar (forced labour without payment), and other similar forms of forced labour. Parliament has enacted the Immoral Traffic (Prevention) Act, 1956 and the Bonded Labour System (Abolition) Act, 1976 to give effect to this right.

Article 24 prohibits employment of children below 14 years of age in any factory, mine, or any other hazardous employment. The Child Labour (Prohibition and Regulation) Act, 1986 regulates this. The Right of Children to Free and Compulsory Education Act (RTE), 2009 reinforces this protection.

Category 4 — Right to Freedom of Religion (Articles 25–28)

Article 25 guarantees freedom of conscience and the right to freely profess, practise, and propagate religion — subject to public order, morality, and health, and to other Fundamental Rights. The State can regulate secular activities associated with religious practice and provide for social welfare and reform. Article 26 gives religious denominations the right to manage their own affairs in religious matters, establish religious institutions, and administer property. Article 27 prohibits the State from compelling any person to pay taxes for the promotion of any particular religion. Article 28 prohibits religious instruction in State-funded institutions; attendance at religious instruction in aided institutions cannot be compelled.

Category 5 — Cultural and Educational Rights (Articles 29–30)

Article 29 protects the interests of minorities — any section of citizens with a distinct language, script, or culture has the right to conserve the same. No citizen shall be denied admission to any educational institution maintained by the State or receiving State aid on grounds only of religion, race, caste, or language. Article 30 gives all minorities — whether based on religion or language — the right to establish and administer educational institutions of their choice. The State shall not, in granting aid to educational institutions, discriminate against any minority institution.

Category 6 — Right to Constitutional Remedies (Article 32)

5. Directive Principles of State Policy (Articles 36–51)

Part IV of the Constitution (Articles 36–51) contains the Directive Principles of State Policy (DPSP). These are borrowed from the Irish Constitution. DPSPs are non-justiciable — they cannot be enforced in courts — but they are fundamental to governance and it shall be the duty of the State to apply these principles in making laws.

Classification of DPSPs

Fundamental Duties (Article 51A)

Fundamental Duties were added by the 42nd Constitutional Amendment Act, 1976 based on the recommendation of the Swaran Singh Committee. Originally 10 duties; an 11th duty was added by the 86th Amendment Act, 2002. They are contained in Article 51A (Part IV-A).

6. Parliament of India

Article 79 states that there shall be a Parliament of the Union which shall consist of the President and two Houses — the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).

Lok Sabha (House of the People)

Rajya Sabha (Council of States)

Joint Session of Parliament (Article 108)

A Joint Sitting of both Houses is summoned by the President when a bill is rejected by either House, or disagreement arises on amendments, or more than six months elapse from the date of reception. The Speaker of Lok Sabha presides over joint sittings. The deadlock is resolved by a simple majority of members present and voting of both Houses combined. A Money Bill and a Constitutional Amendment Bill cannot be referred to a Joint Sitting.

Parliamentary Committees

Legislative Procedure

Bills pass through three readings in each House: First Reading (introduction and title), Second Reading (committee stage and clause-by-clause consideration), Third Reading (final voting). Once passed by both Houses and assented to by the President, it becomes an Act.

7. Money Bill, Financial Bill, and Budget

Budget Process

The Union Budget (Annual Financial Statement) is presented under Article 112 by the Finance Minister in Lok Sabha. Key concepts:

• Vote on Account: Granted by Lok Sabha to meet expenditure before the budget is passed; usually covers 2 months' expenditure.
• Guillotine: All demands for grants not voted upon are put to vote at one stroke at the end of the allotted time.
• Consolidated Fund of India (Art 266): All revenues received by Government + loans raised + loan repayments credited here. No money can be withdrawn without Parliamentary appropriation.
• Contingency Fund of India (Art 267): At the disposal of the President for unforeseen urgent expenditure; Parliament must approve subsequently.
• Public Account of India (Art 266): Money received on behalf of Government (provident fund, small savings, etc.) — does not require Parliamentary appropriation.

8. President and the Executive

President of India (Articles 52–78)

The President is the constitutional head of the Union — the nominal/formal executive. Real executive power rests with the Prime Minister and Council of Ministers who are collectively responsible to the Lok Sabha.

Presidential Powers

• Executive Powers (Art 53): Executive power of Union vested in President; exercises through subordinate officers (PM, Cabinet). Appointment of PM, Cabinet ministers, governors, ambassadors, CAG, Chief Election Commissioner, Attorney General, CJI and SC judges, etc.
• Legislative Powers: Summons, prorogues, and dissolves Parliament; addresses joint session; nominates 12 RS members; prior recommendation required for certain bills; can promulgate Ordinances (Art 123) when Parliament is not in session — but Ordinances must be approved by Parliament within 6 weeks of reassembly.
• Financial Powers: Money bills introduced only on Presidential recommendation; Annual Financial Statement (Budget) presented on behalf of President; controls Contingency Fund.
• Judicial Powers: Pardoning powers — Pardon (complete remission), Reprieve (temporary suspension), Respite (lesser sentence), Remission (reduction of sentence without changing its character), Commutation (substitution of one form of punishment for another less severe). Pardoning power under Art 72 extends to cases involving court martial and Central laws — broader than Governor's power under Art 161.
• Diplomatic & Military Powers: Supreme Commander of Defence Forces; all international treaties in his name; declaration of war and peace on advice of Cabinet.

Vice President (Articles 63–71)

The Vice President is the ex-officio Chairman of Rajya Sabha. Elected by both Houses of Parliament (unlike the President who is elected by an Electoral College including State Assemblies). Term: 5 years; can be removed by Rajya Sabha by effective majority and agreed to by Lok Sabha. The Vice President acts as President during vacancies, President's absence, or illness.

Prime Minister and Council of Ministers

Article 74 mandates a Council of Ministers with the PM at the head to aid and advise the President. The advice of the Council of Ministers is binding on the President (44th Amendment made this explicit). Article 75: The PM is appointed by the President; other ministers are appointed on PM's advice. The CoM is collectively responsible to Lok Sabha.

9. Emergency Provisions

10. The Judiciary

Supreme Court of India (Articles 124–147)

The Supreme Court is the apex court of India, established on 28 January 1950. It is the guardian of the Constitution and the protector of Fundamental Rights.

Jurisdictions of Supreme Court

• Original Jurisdiction (Art 131): Exclusive — disputes between Government of India and one or more States; or between two or more States involving a question of law or fact on which the existence of a legal right depends.
• Appellate Jurisdiction: (a) Constitutional matters (Art 132) — any judgment involving a substantial question of law as to interpretation of Constitution; (b) Civil matters (Art 133); (c) Criminal matters (Art 134); (d) By Special Leave (Art 136) — discretionary power to grant leave to appeal from any judgment of any court or tribunal.
• Advisory Jurisdiction (Art 143): President can refer any question of law or fact of public importance to SC for its opinion. SC's opinion is advisory, not binding on the President.
• Writ Jurisdiction (Art 32): Can issue writs for enforcement of Fundamental Rights (concurrent with HCs under Art 226; but SC's Art 32 jurisdiction is itself a Fundamental Right).
• Court of Record (Art 129): Acts as a court of record; its decisions are recorded and have evidentiary value; has power to punish for contempt of itself.

Judicial Review and Judicial Activism

High Courts (Articles 214–231)

Each State has a High Court (Art 214). Parliament by law can establish a common High Court for two or more States. Currently India has 25 High Courts. HCs have original jurisdiction in cases involving revenue and cases decided in original jurisdiction; writ jurisdiction under Art 226 (wider than SC — HCs can issue writs for enforcement of FRs as well as for any other purpose); appellate jurisdiction over district courts and other subordinate courts. HC judges are appointed by President in consultation with CJI and Governor of the State (and the Chief Justice of that HC for puisne judges).

Public Interest Litigation (PIL)

PIL is a unique contribution of Indian judiciary to constitutional jurisprudence. Justice P.N. Bhagwati and Justice V.R. Krishna Iyer are considered pioneers of PIL in India (1970s–1980s). PIL allows any public-spirited citizen to file a petition before the SC (Art 32) or HC (Art 226) for enforcement of rights of persons who are unable to approach courts themselves — due to poverty, ignorance, or other disadvantages. Courts have relaxed the locus standi requirements for PIL. However, the SC has also cautioned against frivolous and vexatious PILs.

11. State Government — Governor and Executive

Governor (Articles 153–167)

Each State shall have a Governor (Art 153). The same person can be Governor of two or more States. The Governor is appointed by the President of India by warrant under his hand and seal (Art 155). This effectively means appointment on the advice of the Union Cabinet. The Governor is the constitutional head of the State — the nominal/formal executive at the State level.

Chief Minister and State Council of Ministers

Article 164 provides that the Chief Minister shall be appointed by the Governor, and other ministers shall be appointed by the Governor on the advice of the CM. The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State. The CM is the leader of the majority in the State Assembly. The CM heads the State Cabinet and coordinates the work of all state departments.

12. Bihar Legislature — Vidhan Sabha and Vidhan Parishad

Bihar has a bicameral legislature, consisting of two Houses. Not all states have bicameral legislatures; currently six states have a Legislative Council (UP, Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana).

State Legislative Procedure

Ordinary bills can be introduced in either House of the Bihar legislature. After passing both Houses, the bill is sent to the Governor for assent. The Governor can: (a) give assent, (b) withhold assent, (c) return the bill for reconsideration (but if re-passed by legislature, Governor must assent), or (d) reserve the bill for the President's consideration. In case of disagreement between the two Houses on a bill, there is no provision for a joint sitting at the State level (unlike Parliament's Art 108). The Legislative Council (upper house) can delay a bill by up to 3 months (1 month for money bills), but cannot permanently block it.

Governor's Role in Bihar

The Governor of Bihar exercises discretion in certain situations: appointment of CM when no clear majority exists, recommending President's Rule when constitutional machinery fails, giving or withholding assent to bills. The Governor is also the Chancellor of State Universities in Bihar. Raj Bhawan Patna is the official residence of the Governor of Bihar.

13. Local Government — Panchayati Raj and Urban Bodies

73rd Constitutional Amendment Act, 1992 — Panchayati Raj

The 73rd Amendment inserted Part IX (Articles 243–243O) and the 11th Schedule (29 subjects for Panchayats) into the Constitution. It came into force on 24 April 1993 — celebrated as National Panchayati Raj Day.

74th Constitutional Amendment Act, 1992 — Urban Local Bodies

The 74th Amendment inserted Part IX-A (Articles 243P–243ZG) and the 12th Schedule (18 subjects for Municipalities). Three types of urban local bodies:

Bihar Panchayat Raj

Bihar follows the three-tier Panchayati Raj structure as mandated by the 73rd Amendment. The Bihar Panchayat Raj Act, 2006 governs local self-governance in rural Bihar. Bihar has about 8,400 Gram Panchayats. Reservations for women are 50% in Bihar (more than the constitutional minimum of 33%), including Mukhiya, Sarpanch, and ward members. Reservations for SC, ST, and OBC are provided as per State law. The State Election Commission of Bihar conducts Panchayat and municipal elections. Bihar has 534 Panchayat Samitis and 38 Zila Parishads (corresponding to 38 districts).

14. Constitutional Amendments — Key Amendments

Important Constitutional Amendments