Indian Polity

UNIT 1 Nature of Indian Constitution

Constitutional Development- Salient features
Preamble
Fundamental Rights
Directive Principles of State Policy their relationship
Fundamental Duties
Amendment of the Constitution - Basic structure

UNIT 2 Structure & Functions of Indian Government

Legislative, Executive & Judiciary
Typesof Judiciary- Unicameral & Bicameral
Executive - Parliamentary
Judiciary- Judicial Review- Judicial activism

UNIT 3 Distribution of Legislative and Executive powers between State and the Union
Legislative, Administrative and Financial relations between the Union and
States
Powers and Functions of Constitutional Bodies - Human Rights Commission-
RTI- Lok Pal & Lok Ayukta

UNIT 4 Center and State Relations

Need for Reforms- Rajmannar Committee- Sarkaria commission- MM Punchchi
Commission
Unitary and Federal Features of Indian Consititution
Indian Political Parties- Party system in India
Recognition of National and State parties
Elections & Electoral reforms- Anti Defection law

UNIT 5 Centralization Vs Decentalization

Community Development Programme
Balwant Rai & Ashok Mehta Committees

73rd and 74th Constitutional Amendments and their implementations

 UNIT 4
Center & State Relations
Need for Reforms- Rajmannar Committee- Sarkaria
commission- MM Punchchi Commission
Unitary and Federal Features of Indian Consititution
Indian Political Parties- Party system in India
Recognition of National and State parties
Elections & Electoral reforms- Anti Defection law

v
Canadian model
India is a union of States- article 1
Why canadaian model? 1. Union 2.Strong centre 3.formation(disintegration)

Features of Indian Constitution

Federal features of Indian Constitution
1 Dual Polity- State and Centre
2 Written Constitution
3 Division of Powers
4 Supremacy of the Constitution
5 Rigid Constitution
6 Independent Judiciary
7 Bicamerilasm

Center and State Relations

Legislative Administrative

Legislative Relations
1 Territorial Extent extra territorial laws are only made by Union
For Uts Parliament makes laws-
8 Uts- 3 Uts have assemblies- they make their own laws, for the rest Parliament makes laws
President can make regulations for peace, progress and good government of Uts like daman diu, A&N, Lakshadwee

10 states- scheduled areas- Governor has say in implementing the law

Assam- Governor has
Autonomous Districts
Meghalaya, Tripura, Mizoram- President

2 Legislature Subjects
List Union list State list Concurrent
No. of subjects 98 (initially 97) 59 (initially 66) 52 (initially 47)
Examples Atomic Energy Police Education
Railways Liquor Adulteration
Defence Prison Adoption & Succession
Transfer of property
Banking Local Government except for agriculture
War & Peace Public Health land
Foreign Affairs Land Forests
Airways Trade and Commerce Trade Unions
Ports Livestock Drugs
Foreign Trade Agriculture Newspapers, books
State Public Services
Gambling

Only Union Only State Both Union & State

1935 act, residuary law making power rested in the hands of Governor General
42 nd Amendment- 5 subjects from State list were transferred to Concurrent list
a.Education b.Forests c.Weights & Measures
d. Protection of Wild animals & Birds e. Administration of justice- constitution of courts

101st amendment- GST- enabled Centre and State to make laws on taxing

when there is conflict between State law and Central law, central law would prevail but if the state law is reserved
President's assent and receives the assent then state law would prevail
But Parliament can make another law over riding it.

3 Parliamentary Legislation in State filed

1. Rajya Sabha makes a resolution passed with 2/3rd majority- valid for 1 year- extended any no. o
law ceases to be effective after 6 months of expiration of resoluti
 2. During National Emergency Parliament can make laws, but becomes inoperative after 6 mon
State can make law again if it wants

3. When States make a request two or more states can pass resolution and request Parliament t
which parliament has no power. By this the states will lose their
Only Parliament can amend or repeal such law
Eg: Wild life protection Act, 1974
Water ( Control and Prevention of Pollution) Act, 1974
Transplantation of Human Organs Act, 1994

4. While implementing International Agreements Parliament can make lawson any matter in the state list without
international agreements
Eg: United Nations ( Previliges & Immunities) Act, 1947
Geneva Convention Act
Anti Hijacking Act

5. During President's Rule But the law doesn’t expires after president rule ends
The state can repeal, amend such law later

4 Centre's Control Over State Legislation

1 Governor can reserve any bill passed by State legislation for President's consideration
2 Trade, commerce and commercial interactions related bills inter/intra state related cannot be produced in Assemb
3 Money bills and financial bills passed by State can be directed to be reserved for President's assent by Centre durin
4 Governor cannot introduce an ordinance without prior permission of President in some cases

Administrative Relations
1 Distribution of Executive Powers Union laws executed by Union, State laws executed by State. Co
when law mandates it on central

2 Obligations of State and Centre State should execute complying to any law made by Union
Should not execute anything that impedes Central law
If State isnt administering properly- Centre uses Article 365 to im

3 Centre's directions to State Centre can give directions to state in executing its duties regardi
Communication projects
safeguard or maintenance of railways
welfare schemes for scheduled tribes
provisions to make mother tongue as an instruction of language
 4 Mutual Delegations of Functions Governor with prior assent from Cener can entrust state duties
President with prior assent from State government can entrust u
Parliament can pass a law imposing upon a state certain duties w

5 Cooperation Between Centre and States Parliament adjudication in the matters of dispute between state
Article 263- Inter State Council- 1990 cooperation and coordinati
Parliament can appoint an authority to facilitate constitutional p
safeguard interstate freedom in case of commerce trade. Nothin
6 All India Services UPSC- IAS, IPS , IFoS (added in 1966) Rajyasabha resolution to ad

7 Public Service Commission Chairman of State PSC appointed by Governor but removed onl
Parliament can form Joint PSC on request of two or more states,
UPSC can serve needs of a state on request of Governor
UPSC will help JPSC with the machinery and setup

8 Integrated Judicial System Judges of High courts are appointed by President by consulting C
They may be removed or transferred by President
Parliament can set up joint high courts for two or more states
Why integrated judiciary? To enforce both State and central law

9 Relations during Emergencies Art 352 National Emergency- Parliament can direct states to take
Art 356 President's rule- power is in president's hand- state legis
Art 360 Financial Emergency- Centre can direct states to observe

10 Other provisions Art 355 Centre has two responsibilities towards state
It must protect state from external aggression as well as interna
It must make sure the state is ruled based on constitution
Governor appointed by President acts as an agent of centre- sub
State election commissioner can be appointed by Governor but

11 Extra Constitutional Devices Parliament can create any extra constitutional bodies for cooper
NITI Aayog, Zonal councils, North Eastern Coucnil, The central Co
Conferences like Governors conference, Chief ministers conferen
ar Committee- Sarkaria
ommission
s of Indian Consititution
system in India
State parties
s- Anti Defection law

Constitution PYQs
Unitary features
1 Strong Centre
2 States not indestructible
3 Single Constitution
4 Flexibility of the Constitution
5 No equality of state representation
6 Integrated Judiciary
7 Single Citizenship
8 Emergency Provisions
9 All India Services
10 Integrated Audit Machinery
11 Centre's control over state's List
12 Integrated Election Machinery
13 Appointment of Governor
14 Veto in state bills

Financial
daman diu, A&N, Lakshadweep, Dadar nagarhaveli, ladakh.

5th schedule
6th Schedule

Residuary
all the other subjects left

Only Union

1976

ution of courts

ut if the state law is reserved for

or 1 year- extended any no. of times each 1 year.

months of expiration of resolution
 omes inoperative after 6 months of expiration of emergency

tion and request Parliament to make law on particular subject on

this the states will lose their power to make laws on the same subject

Pollution) Act, 1974

matter in the state list without consulting states to implement

mmunities) Act, 1947

resident rule ends

aw later

annot be produced in Assembly without prior sanction of President

dent's assent by Centre during National emergency
e cases

te laws executed by State. Concurrent subjects laws by State, except

any law made by Union

mpedes Central law
- Centre uses Article 365 to impose 356 President's rule

in executing its duties regarding few matters like

as an instruction of language in primary education

ener can entrust state duties to the center
Mutual agreement
ate government can entrust upon it the centre's duties
g upon a state certain duties without consulting it legislation

tters of dispute between states- river water disputes

90 cooperation and coordination between Centre & States, Center & Uts
y to facilitate constitutional provisions in the states and also to
se of commerce trade. Nothing as such appointed till date
6) Rajyasabha resolution to add another All India Service- article 312

by Governor but removed only by President

equest of two or more states, President appoints the Chairm
request of Governor
nery and setup

d by President by consulting CJI and Governor of the state

ed by President
urts for two or more states
ce both State and central laws, to maintain uniformity in remedial measures

ment can direct states to take certain action

n president's hand- state legislature is void
re can direct states to observe canons of financial propriety and other directions

ties towards state

aggression as well as internal disturbances
d based on constitution
cts as an agent of centre- submits reports periodically about administration in statte
e appointed by Governor but removed by President

nstitutional bodies for cooperation between states

astern Coucnil, The central Council of Indian Medicine, Central council of Homeopathy
ence, Chief ministers conference, Chief Secretaries conference, etc
Powers and Functions of Constitutional Bodies
Constitutional Bodies
Election Commission
Union Public Service Commission
State Public Service Commission
Finance Commission
Goods and Services Tax
National Commission for SCs
National Commission for STs
National Commission for BCs
Special Offficer for Linguistic Minorities
Comptroller and Auditor General of India
Attorney General of India
Advocate General of State

Constitutional Body Appointment Structure

Election Commission of India President Initially a single member body
Article 324 Governor-for State election 1989- after voting age was
commissioner decreased to 18 from 21- 2
extra commissioners were
appointed- abolished in 1990-
again reappointed in 1993- since
then Chief Election
commissioner + 2 election
commissioners
 UNIT 3
Distribution of Legislative and Executive powers between State and the Union

Legislative, Administrative and Financial relations between the Union and States

Powers and Functions of Constitutional Bodies - Human Rights Commission- RTI- Lok Pal & Lok Ayukta

Tenure Removal Functions

6 years or until they attain 65 resignation can be submitted to 1. Administrative 2.Quasi
years president Judicial 3.Advisory
process similar to Judge of SC- a.determine constituencies
Parliament should pass a b.maintain election
resoultion with special majority machinery c.roster for
upholding him for his proved political partie publicity in
incapacity/ misbehaviour electronic media d.election
code of conduct e. advise
President on disqualification
of a Mps, governors on dis of
MLAs j. to advice
president on conducting
elections in President rule
state.
 3

& Lok Ayukta

Powers
a. allot election symbols b.
recognise political parties
c.Cancel elections d.
scrutinise nomination papers