Indian Polity and Constitution: key facts and practice questions
Revise Indian Polity and Constitution for SSC, Railway, police and state PSC exams: the facts and distinctions that keep coming up, a one-glance revision list, and 10 practice questions with answers and explanations.
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Key concepts and facts
- Making of the Constitution: The Constituent Assembly, formed under the Cabinet Mission Plan of 1946, first met on 9 December 1946 under temporary chairman Dr Sachchidananda Sinha; Dr Rajendra Prasad became its permanent President. Nehru moved the Objectives Resolution on 13 December 1946, the basis of the Preamble. The Drafting Committee (29 August 1947) was chaired by Dr B.R. Ambedkar, with B.N. Rau as Constitutional Adviser. The Constitution was adopted on 26 November 1949 and commenced on 26 January 1950, the date of Purna Swaraj Day 1930. It took 2 years, 11 months and 17 days (many textbooks say 18, counting both end days). The original text had 395 Articles, 22 Parts and 8 Schedules; today there are 25 Parts and 12 Schedules.
- Sources and the Preamble: Fundamental Rights and judicial review come from the USA; parliamentary government and single citizenship from Britain; Directive Principles from Ireland; the Concurrent List and joint sitting from Australia; the federal scheme from the Government of India Act 1935; Fundamental Duties from the USSR. The words Socialist, Secular and Integrity were inserted in the Preamble by the 42nd Amendment of 1976. In Kesavananda Bharati (1973) the Supreme Court held the Preamble is part of the Constitution, reversing Berubari Union (1960).
- Rights, Directives and Duties: Fundamental Rights are in Part III, Articles 12 to 35. Article 14 is equality before law, Article 17 abolishes untouchability, Article 19 gives six freedoms, Article 21 protects life and liberty, Article 21A (86th Amendment, 2002) gives free education to children of 6 to 14 years, and Article 32, which Ambedkar called the heart and soul of the Constitution, lets the Supreme Court issue five writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto. The right to property was removed from Part III by the 44th Amendment of 1978 and survives under Article 300A. Directive Principles (Part IV) are not enforceable in courts (Article 37); remember Article 40 (village panchayats), Article 44 (uniform civil code) and Article 39A (free legal aid). Fundamental Duties were added as Article 51A by the 42nd Amendment on the Swaran Singh Committee's advice; the eleventh duty came with the 86th Amendment.
- Union executive and Parliament: The President is elected by elected MPs and elected MLAs of states, Delhi and Puducherry, and can be impeached under Article 61 for violation of the Constitution. Key articles: 72 (pardon, including death sentences), 123 (ordinances lapse six weeks after Parliament reassembles), 76 (Attorney General). The Vice-President is elected by all MPs. Rajya Sabha has at most 250 members, is permanent, and one-third retire every two years. A money bill (Article 110) is certified by the Speaker, is introduced only in Lok Sabha and can be held by Rajya Sabha for only 14 days. Joint sittings (Article 108) are chaired by the Speaker and exclude money bills and constitutional amendment bills. A no-confidence motion needs 50 supporters and lies only in Lok Sabha. The Public Accounts Committee has 22 members (15 from Lok Sabha, 7 from Rajya Sabha).
- Judiciary, states and Centre-State relations: Supreme Court judges retire at 65, High Court judges at 62. Article 141 makes Supreme Court law binding on all courts, Article 143 is advisory jurisdiction, and Article 226 gives High Courts writ power wider than Article 32. The collegium emerged from the Second Judges case (1993). The Governor is appointed by the President and holds office during his pleasure; Parliament creates or abolishes a Legislative Council under Article 169 on the state assembly's resolution. The Seventh Schedule has Union, State and Concurrent Lists; residuary powers rest with Parliament (Article 248). The 42nd Amendment shifted education, forests, weights and measures, wildlife and administration of justice to the Concurrent List. The Inter-State Council is under Article 263 and the Sarkaria Commission (1983) studied Centre-State relations.
- Emergency, local government and bodies: Article 352 (national emergency: war, external aggression or armed rebellion, imposed in 1962, 1971 and 1975), Article 356 (President's rule) and Article 360 (financial emergency, never imposed). Articles 20 and 21 are never suspended. The 73rd and 74th Amendments (1992) added Parts IX and IXA, the Eleventh Schedule (29 subjects) and the Twelfth Schedule (18 subjects); the 73rd came into force on 24 April 1993. Balwant Rai Mehta (1957) proposed three tiers and Ashok Mehta (1977) two tiers. Constitutional bodies: Election Commission (324), CAG (148), UPSC (315), Finance Commission (280), NCSC (338), NCST (338A). Non-constitutional: NHRC (1993 Act), CVC (1964), NITI Aayog (2015).
- Amendments and landmark cases: 1st (1951, Ninth Schedule), 7th (1956, states reorganisation), 42nd (1976), 44th (1978), 52nd (1985, anti-defection), 61st (Act of 1988, in force from 28 March 1989, voting age 18), 86th (2002), 91st (2003, ministry size), 101st (2016, GST). Cases: Golaknath (1967) barred amending Fundamental Rights; Kesavananda Bharati (1973) gave the basic structure doctrine; Maneka Gandhi (1978) widened Article 21; Minerva Mills (1980) balanced rights and directives; S.R. Bommai (1994) checked Article 356.
- Traps: adoption (26 November 1949) versus commencement (26 January 1950); 42nd versus 44th Amendment; Article 32 versus 226; the Governor cannot pardon a death sentence; Rajya Sabha cannot reject a money bill, which the Speaker certifies; the Vice-President is elected by all MPs, the President only by elected members.
One-glance revision list
- Date pairs to never mix: Constituent Assembly first met 9 December 1946; Constitution adopted 26 November 1949; commenced 26 January 1950.
- Mnemonic for the 42nd Amendment words in the Preamble: S-S-I: Socialist, Secular, Integrity (1976).
- Five writs under Article 32: Habeas corpus (produce the body), Mandamus (we command), Prohibition (stop proceedings), Certiorari (quash the order), Quo warranto (by what authority).
- Age ladder: Lok Sabha 25, Rajya Sabha 30, President 35, Vice-President 35, Governor 35; retirement: High Court judge 62, Supreme Court judge 65.
- Money bill test: Introduced only in Lok Sabha, needs President's recommendation, certified by Speaker, Rajya Sabha gets 14 days and cannot reject it.
- Emergency trio: Article 352 national (3 times: 1962, 1971, 1975), Article 356 President's rule (over 100 times), Article 360 financial (never).
- Local government pair: 73rd Amendment = Panchayats, Part IX, Eleventh Schedule, 29 subjects; 74th = Municipalities, Part IXA, Twelfth Schedule, 18 subjects.
- Committee sequence for Panchayati Raj: Balwant Rai Mehta 1957 (three tiers), Ashok Mehta 1977 (two tiers), G.V.K. Rao 1985, L.M. Singhvi 1986 (constitutional status).
- Case chain on amending power: Shankari Prasad 1951 (yes) to Golaknath 1967 (no) to 24th Amendment 1971 to Kesavananda Bharati 1973 (yes, but basic structure) to Minerva Mills 1980.
- Pardon contrast: President (Article 72) can pardon a death sentence and court-martial sentences; Governor (Article 161) cannot.
- Only Rajya Sabha can pass a resolution under Article 249 to let Parliament legislate on a State List subject, and under Article 312 to create a new All India Service.
- Eighth Schedule growth: 14 languages originally; Sindhi (1967, 21st Amendment); Konkani, Manipuri, Nepali (1992, 71st); Bodo, Dogri, Maithili, Santhali (2003, 92nd) = 22.
Lessons in depth
10 longer lessons on Indian Polity and Constitution, one per sub-topic, each with its key facts and a quick revision.
- Making of the Constitution: Constituent Assembly, Committees and Sources
- Preamble, Union and Its Territory (Articles 1-4) and Citizenship (Articles 5-11)
- Fundamental Rights (Articles 12-35), Reasonable Restrictions and Writs
- Directive Principles of State Policy and Fundamental Duties
- The President and the Vice-President of India
- Prime Minister, Council of Ministers and the Attorney General
- Parliament: Lok Sabha, Rajya Sabha, Bills, Budget and Committees
- The Judiciary: Supreme Court, High Courts, Subordinate Courts and Tribunals
- Centre-State Relations, the Governor and Emergency Provisions
- Panchayats, Municipalities and Constitutional and Non-Constitutional Bodies
Practice questions
Try each question before opening the answer.
1. The first meeting of the Constituent Assembly of India was held on which date? (A) 26 November 1949 (B) 9 December 1946 (C) 15 August 1947 (D) 26 January 1950
Answer: (B) 9 December 1946. The Constituent Assembly first met on 9 December 1946 with Dr Sachchidananda Sinha as temporary chairman. 26 November 1949 is the date of adoption and 26 January 1950 the date of commencement of the Constitution.
2. Which Article of the Directive Principles directs the State to organise village panchayats as units of self-government? (A) Article 40 (B) Article 43 (C) Article 44 (D) Article 48
Answer: (A) Article 40. Article 40 directs the State to organise village panchayats. Article 43 relates to living wage, Article 44 to a uniform civil code and Article 48 to agriculture and animal husbandry.
3. The collegium system for appointing judges to the Supreme Court and High Courts originated from which judgment? (A) Second Judges case (1993) (B) First Judges case (1981) (C) Kesavananda Bharati case (1973) (D) Minerva Mills case (1980)
Answer: (A) Second Judges case (1993). The Second Judges case (Supreme Court Advocates-on-Record Association v Union of India, 1993) gave primacy to the Chief Justice's opinion and created the collegium, which the Third Judges case (1998) expanded to five judges.
4. The National Human Rights Commission (NHRC) was established under which law? (A) Article 338 of the Constitution (B) Right to Information Act, 2005 (C) Protection of Human Rights Act, 1993 (D) Legal Services Authorities Act, 1987
Answer: (C) Protection of Human Rights Act, 1993. The NHRC is a statutory body set up in October 1993 under the Protection of Human Rights Act, 1993; it is not a constitutional body. The same Act provides for State Human Rights Commissions.
5. The S.R. Bommai case (1994) is chiefly associated with which constitutional provision? (A) Imposition of President's rule in states under Article 356 (B) Appointment of judges under Article 124 (C) Freedom of speech under Article 19 (D) Reservation in promotions under Article 16
Answer: (A) Imposition of President's rule in states under Article 356. In S.R. Bommai v Union of India (1994) the Supreme Court held that a proclamation under Article 356 is subject to judicial review, that majority should be tested on the floor of the House, and that secularism is part of the basic structure.
6. Consider the following statements: 1. The 'Union of India' includes the union territories. 2. The 'Territory of India' includes the states, the union territories and any territory that India may acquire. Which of the statements given above is/are correct? (A) Only 1 (B) Only 2 (C) Both 1 and 2 (D) Neither 1 nor 2
Answer: (B) Only 2. Under Article 1, the Union of India consists of the states only, while the Territory of India is the wider term covering states, union territories and territories that may be acquired.
7. Which Article gives religious and linguistic minorities the right to establish and administer educational institutions of their choice? (A) Article 30 (B) Article 29 (C) Article 26 (D) Article 28
Answer: (A) Article 30. Article 30 grants this right to all minorities based on religion or language. Article 29 protects the right of any section of citizens to conserve its distinct language, script or culture.
8. For amendments under Article 368, the 'special majority' required in each House of Parliament is: (A) A majority of the total membership of the House and two-thirds of the members present and voting (B) Two-thirds of the total membership of the House (C) Three-fourths of the members present and voting (D) A simple majority of the members present at a joint sitting
Answer: (A) A majority of the total membership of the House and two-thirds of the members present and voting. Each House must pass the bill by a majority of its total membership and by at least two-thirds of the members present and voting. Amendments that affect federal provisions additionally need ratification by state legislatures.
9. After the 44th Amendment, if one-tenth of the total members of the Lok Sabha give written notice, a special sitting must be held within 14 days to consider a resolution for: (A) Removing the Speaker of the Lok Sabha (B) Impeaching the President (C) Extending President's Rule in a state (D) Disapproving the continuation of a national emergency
Answer: (D) Disapproving the continuation of a national emergency. The 44th Amendment lets one-tenth of Lok Sabha members seek such a special sitting, and the Lok Sabha can end a national emergency by passing a disapproval resolution by a simple majority.
10. A cut motion that seeks to reduce the amount of a demand for grant to Re 1, expressing disapproval of the policy underlying the demand, is called: (A) Economy cut (B) Token cut (C) Policy cut (D) Guillotine
Answer: (C) Policy cut. A policy cut reduces the demand to Re 1 to show disapproval of the policy behind it. An economy cut reduces the demand by a specified amount, and a token cut reduces it by Rs 100 to voice a specific grievance.
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