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1
The Constitution of India
Key Features
The Indian Constitution was adopted on 26 November 1949 and came into force on 26 January 1950. It is the longest written constitution in the world.
Essential Facts
• Originally: 395 Articles, 8 Schedules, 22 Parts
• Currently: ~470 Articles, 12 Schedules, 25 Parts
• First amendment: 1951; Total amendments: 106 (as of 2024)
• Preamble declares India a Sovereign, Socialist, Secular, Democratic, Republic
Key Source Documents
Government of India Act 1935 was the single largest source. Federal structure, Governor, Judiciary, Public Service Commissions, Emergency provisions all drawn from it.
Sources of Constitution
| Country | Borrowed Feature |
|---|
| UK | Parliamentary system, Rule of Law, Bicameralism, Cabinet system |
| USA | Fundamental Rights, Judicial Review, Preamble, Impeachment of President |
| Ireland | DPSP, Nomination to Rajya Sabha, President election method |
| Canada | Federation with strong centre, Residuary powers to Centre |
| Germany | Emergency provisions, Suspension of Fundamental Rights |
| Australia | Concurrent List, Freedom of trade and commerce |
| USSR/Russia | Fundamental Duties, Socio-economic rights |
Schedules of the Constitution
| Schedule | Content |
|---|
| 1st | States and Union Territories |
| 2nd | Salaries of constitutional posts (President, Governors, etc.) |
| 3rd | Forms of oaths and affirmations |
| 4th | Allocation of seats in Rajya Sabha |
| 5th | Administration of Scheduled Areas and Scheduled Tribes |
| 6th | Administration of Tribal Areas in Assam, Meghalaya, Tripura, Mizoram |
| 7th | Union, State, Concurrent Lists |
| 8th | 22 recognised languages |
| 9th | Acts and Regulations (immunity from judicial review) |
| 10th | Anti-Defection provisions (52nd Amendment) |
| 11th | Powers of Panchayats (73rd Amendment) |
| 12th | Powers of Municipalities (74th Amendment) |
2
Fundamental Rights (Part III, Articles 12–35)
| Right | Articles | Key Provisions |
|---|
| Right to Equality | 14–18 | Equality before law, Prohibition of discrimination, Abolition of untouchability, Abolition of titles |
| Right to Freedom | 19–22 | 6 freedoms (speech, assembly, movement, etc.), Protection from arbitrary arrest |
| Right Against Exploitation | 23–24 | Prohibition of forced labour, child labour in hazardous occupations |
| Right to Freedom of Religion | 25–28 | Freedom of conscience, Right to manage religious affairs |
| Cultural & Educational Rights | 29–30 | Rights of minorities to conserve culture, establish educational institutions |
| Right to Constitutional Remedies | 32 | "Heart and Soul" of Constitution (Dr. Ambedkar); Writs |
Five Writs (Article 32 & 226)
Habeas Corpus: "You shall have the body" — against illegal detention
Mandamus: "We command" — directs public official to perform duty
Prohibition: Stops lower court from exceeding jurisdiction
Certiorari: Quashes order of lower court
Quo Warranto: Questions legal authority of a person to hold public office
Important — Right to Property
Originally a Fundamental Right (Art. 31), removed by
44th Amendment 1978. Now a legal right under Article 300A.
3
DPSP (Part IV, Art. 36–51) & Fundamental Duties
Directive Principles are non-justiciable (cannot be enforced by courts) but are fundamental to governance. Inspired by Irish Constitution.
Classification of DPSPs
Socialistic Principles
Art. 38 (social order), Art. 39 (adequate means of livelihood, equal pay), Art. 41 (right to work), Art. 42 (maternity relief), Art. 43 (living wage), Art. 47 (raise nutrition and public health)
Gandhian Principles
Art. 40 (Panchayati Raj), Art. 43 (cottage industries), Art. 46 (SC/ST education), Art. 48 (protection of cattle), Art. 44 (Uniform Civil Code)
Liberal-Intellectual Principles
Art. 44 (UCC), Art. 45 (early childhood care — moved to FR after 86th Amendment), Art. 48A (environment protection), Art. 51 (international peace)
Fundamental Duties (Art. 51A, Part IVA)
Added by 42nd Amendment 1976 (Swaran Singh Committee). 11 duties (11th added by 86th Amendment 2002 — duty of parents to provide education to children aged 6–14).
UPSC Tip
Fundamental Duties are non-justiciable (not enforceable by court) but courts use them to interpret Fundamental Rights. Duties are for citizens only, not foreigners.
4
Parliament (Part V, Articles 79–122)
Rajya Sabha vs Lok Sabha
| Feature | Lok Sabha | Rajya Sabha |
|---|
| Max Strength | 552 (530+20+2) | 250 (238+12) |
| Current Strength | 543 | 245 |
| Election | Direct election | Indirect election by state legislatures |
| Term | 5 years (subject to dissolution) | Permanent (1/3 retire every 2 years) |
| Presiding Officer | Speaker | Vice-President (ex-officio Chairman) |
| Money Bills | Originates here only; RS can delay 14 days | Cannot originate |
Special Powers of Rajya Sabha
Exclusive Powers
Art. 249: Empowers Parliament to legislate on State List subjects (2/3 majority)
Art. 312: Creation of All India Services (2/3 majority)
These resolutions are valid for 1 year, renewable
Types of Majorities
| Type | Definition | When Used |
|---|
| Simple Majority | >50% of members present & voting | Ordinary bills, Budget |
| Absolute Majority | >50% of total strength | Not specifically required |
| Effective Majority | >50% of effective strength | Removal of Speaker, Deputy Chairman RS |
| Special Majority (Art.368) | 2/3 of members present + absolute majority | Constitutional Amendment |
| Special + State Ratification | Above + ½ state legislatures | Federal provisions amendment |
President of India
Key Facts
Elected by: Electoral College (elected MPs + elected MLAs, proportional representation by single transferable vote)
Term: 5 years; Re-election allowed; Minimum age: 35 years
Removal: Impeachment (Art.61) — Special majority in both Houses
Pardoning Power (Art.72)
President grants: Pardon (complete absolution), Reprieve (postpone execution), Respite (reduced sentence for special reason), Remission (reduce quantum), Commutation (substitute lesser punishment). Applicable to: death sentence, court martial cases, Union law offences.
Prime Minister
Head of the Government; leader of the Council of Ministers. Appointed by the President — must be a member (or become one within 6 months) of either House. No fixed tenure — holds office during pleasure of President but must command Lok Sabha majority.
Emergency Provisions
| Type | Article | Grounds | Approval |
|---|
| National Emergency | 352 | War, armed rebellion, external aggression | Both Houses by special majority within 1 month |
| President's Rule | 356 | Constitutional failure in State | Both Houses by simple majority within 2 months |
| Financial Emergency | 360 | Threat to financial stability | Both Houses by simple majority |
Supreme Court
Composition & Jurisdiction
Chief Justice of India + 33 other judges (total 34); Judges appointed by President (collegium system)
Original Jurisdiction (Art.131): Disputes between Centre-State or State-State
Appellate Jurisdiction (Art.132-136): Appeals from High Courts
Advisory Jurisdiction (Art.143): President may seek SC's opinion
Writ Jurisdiction (Art.32): Enforcement of FRs
Judicial Review
Power to examine constitutionality of laws. Basic Structure Doctrine (Kesavananda Bharati case, 1973): Parliament cannot alter the basic structure of Constitution. Basic structure includes: Supremacy of Constitution, Secular character, Democratic-republic, Federal character, Separation of powers, Judicial review.
| Body | Article | Key Points |
|---|
| Election Commission | 324 | CEC + ECs; CEC removed like SC Judge; ECs removed on CEC's recommendation |
| CAG | 148 | Comptroller & Auditor General; audits Union and State accounts |
| UPSC | 315 | Recruitment to civil services; Chairman removed like SC Judge |
| Finance Commission | 280 | Every 5 years; recommends tax devolution between Centre and States |
| Attorney General | 76 | Chief law officer of India; not a minister; can practice privately |
| Advocate General | 165 | Chief law officer of State; counterpart of AG |
Quick Revision — Important Amendments
1st (1951): 9th Schedule;
7th (1956): Reorganisation of States;
24th (1971): Parliament can amend FRs;
42nd (1976): Mini Constitution;
44th (1978): Removed Right to Property;
52nd (1985): Anti-Defection;
61st (1988): Voting age 21→18;
73rd & 74th (1992): Panchayati Raj & Municipalities;
86th (2002): Free & compulsory education (Art.21A);
101st (2016): GST