Polity Sample
Polity Sample
INDIAN
POLITY
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INDIAN POLITY
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Preface
This comprehensive textbook on Indian Polity provides all
the requirements of the students, i.e., comprehensive coverage
of theory, fundamental concepts and objective type questions
articulated in a lucid language. This concise presentation will
help the readers grasp the topics of Indian Polity with clarity
and apply them with ease to solve objective questions quickly.
Our team has made their best efforts to remove all possible
errors of any kind. Nonetheless, we would highly appreciate
and acknowledge if you find and share with us any printing
and conceptual errors. It is impossible to thank all the individuals
who helped us, but we would like to sincerely thank all the
authors, editors and reviewers for putting-in their efforts to
publish this book.
B. Singh (Ex. IES)
CMD, MADE EASY Group
CONTENTS INDIAN
POLITY
01 CONSTITUTION..........................1 Judicial Supremacy.............................................................. 6
Integrated and independent Judiciary.......................... 6
Introduction......................................................1 Fundamental Rights............................................................ 6
(iv)
INDIAN POLITY
CONSTITUTION
Charter Act, 1833 • This Act also introduced the ‘portfolio’ system.
Under this, a member of the Viceroy’s council was
• This Act made the Governor-General of Bengal as
made in-charge of one or more departments of
the Governor-General of India and vested in him the government.
all civil and military powers. Lord William Bentinck
was made the first Governor-General of India. Indian Councils Act, 1892
• The East India Company lost its monopoly over
• This Act empowered the Universities, district
trade with China also and it was asked to close
boards, municipalities, zamindars and chambers
the commercial business. The Company became
of Commerce to recommend members to the
a purely administrative body.
Provincial Legislative Council which were to be
• This Act asked government to abolish slavery in India.
nominated by governors.
• According to this Act, the members of the
Charter Act, 1853
Legislatures were for the first time entitled to take
• This Act had provisions of separation of executive part in debate over Annual Statement of Revenue
and legislative functions of the Governor and Expenditure i.e. Budget. They could also put
General’s Council. It provided for addition of six questions within certain limitations.
new members called Legislative Councillors to
the Indian (Central) Legislative Council. Indian Councils Act, 1909 (Morley-Minto Reforms)
• For the first time, the local representation in the • This Act is also known as Morley-Minto Reforms.
Indian (Central) Legislative Council was allowed. Morley was the then Secretary of State for India
• An open competition system of selection and and Lord Minto was the then Viceroy of India.
recruitment of civil servants was introduced. For • Muslims were given separate representation and
the first time, Indians were allowed to take part in hence Lord Minto came to be known as the Father
Civil Services recruitment process. Consequently, of Communal Electorate.
the Macaulay Committee (the Committee on the • A provision was made for the association of Indians
Indian Civil Service) was appointed in 1854. with the Executive Council of the Viceroy and
Governors. Satyendra Prasad Sinha became the
first Indian to join the Viceroy’s Executive Council.
Growth of Constitution under He was appointed as Law Member.
the Crown Rule
Government of India Act, 1919 (Montague-
Chelmsford Reforms)
Government of India Act,1858
• It brought an end to the Company’s rule and • This Act is also known as Montague-Chelmsford
transferred all powers to the British crown. Reforms or Montford Reforms. Montague
• The system of Dual government (Board of Control was the then Secretary of State for India and
and Court of Directors) introduced by Pitt’s India Chelmsford was the then Viceroy of India.
Act was abolished by this Act. • All administrative subjects were divided into
• A new office of Secretary of State for India was two groups viz. central and provincial subjects.
created and he was vested with complete authority Provincial subjects were further divided into two
and control over Indian administration. He was a
parts- transferred and reserved. The transferred
member of the British Cabinet and was ultimately
subjects were to be administered by the Governor
responsible to the British Parliament. Lord Stanley
was the first Secretary of State for India. with the aid of ministers responsible to the
Legislative Council whereas Governor was not
Indian Councils Act, 1861 responsible towards Legislative Council in the
• The Viceroy was empowered to issue ordinances discharge of reserved subjects.
in case of emergency without the concurrence • This dual scheme of governance was known as
of the legislative council. The life span of such ‘dyarchy’, a term derived from the Greek word
ordinances was six months. diarche, which means double rule.
INDIAN POLITY
CITIZENSHIP
Introduction
An alien may not enjoy all Civil and Political
rights enjoyed by Citizens.
Every human being requires certain rights like right to
life and personal liberty to live her/his life with dignity Ex.: Right to vote, Right to Contest election,
and progress and develop in her/his areas of interest. Article-15, Article-16, Article-29, Article-30,
Article-19 hold certain public offices
She/he also needs protection from threats to life and
(President, Vice-President, etc.) also be
property to experience these rights. Thus arises a
doesn't owe any duties to the State.
need for a state that can protect people from such
threats. So today every individual is identified by their • Constitution merely provides for class of persons
nationality and loyalty to their state. Hence, Citizenship who would be deemed to be citizens at the date
has been defined as full and equal membership of a of commencement of the Constitution. (i.e. 26th
political community. Therefore, one thinks of himself January, 1950.)
constituted even if the same party which enjoyed the Deputy Ministers: They are allocated the work by the
majority in the previous Lok Sabha returns back with Ministers under whom they are working. They are
a majority in the new Lok Sabha. helping ministers attached to the Cabinet Ministers
or the Ministers of State. No Deputy Minister holds an
Composition of Council of Minister independent charge of any department. The Council
of Ministers may not have any Deputy Minister as its
Article 75(1A) emphasizes that the total number of
member.
ministers, including the Prime Minister, in the Council
of Ministers shall not exceed 15% of the total strength Parliamentary Secretaries: They are attached to the
of the Lok Sabha. The provision was added by the senior ministers and assist them in the discharge of
91st Amendment Act of 2003. their parliamentary duties. Their sole function is to
help the ministers in the Parliament.
Deputy Prime Minister: The Constitution does not
provide for the office of the Deputy Prime Minister. As
such it is the sweet will of the Prime Minister to have
Dismissal of Council of Minister
or not to have a Deputy Prime Minister in his Council Ministers may be chosen from the Lok Sabha or
of Ministers. the Rajya Sabha. A Minister who is member of one
House has the right to speak and to take part in the
In 2002 P.M. Vajpayee decided to make Mr. L.K.
proceedings of the other House. However, he is
Advani as Deputy Prime Minister. However in 2004
allowed to vote only in the House of which he is a
and again in 2009 PM Manmohan Singh decided not
member.
to have a deputy Prime Minister in his cabinet. Deputy
Prime Ministers are appointed mostly for political • A person who is not a member of either House may
reason. also be appointed as a Minister. He can continue
as a Minister only for six months because that
Cabinet Ministers: Cabinet ministers are usually top
is the limit fixed by Article 75(5). If he desires to
level leaders of the ruling party or parties, who are continue as Minister he has to become a member
in charge of the major or important ministries. We of any one of the Houses of Parliament before the
can say that the Cabinet is an informal body of senior expiration of the period of 6 months.
ministers who form the inner ring of the council of • A person who is not qualified to become a
minister. It is like a wheel within a wheel. Their number member of a legislature cannot be appointed a
is usually 15 to 20. minister under Art. 75(5). In this case, minister
would not include Prime Minister because non-
Thus, Cabinet is an inner body within the Council of election of Prime Minister would dissolve the
Ministers. It acts in the name of Council of Ministers Council of Ministers after expiration of the period
and exercise all powers on its behalf. Council of of 6 months.
Minister seldom meets as a body. It is cabinet which
• It is the Prime Minister who allocates portfolios to
meets as and when summoned by the Prime Minister.
the other Ministers. The Prime Minister may call
The Cabinet minister has a right to be present and
for the resignation of any Minister at any time. In
participate in every meeting of the Cabinet. It is the
case of refusal, he may advice the President to
cabinet that determines the policies and programs of
dismiss the Minister. This is also called the “Rule
the government and not the council of minister. The
of Individual Responsibility”.
cabinet is responsible for whole of the expenditure
• Council of Ministers is collectively responsible to
of the government as well for raising necessary
Lok Sabha [Article 75(3)]. This means that if the
revenues. The cabinet prepares the agenda of the
Council of Ministers loses the confidence of the
sessions of the parliament. For proclamation of an
Lok Sabha, all ministers including those who are
emergency under Art. 352 the advice must come from
from Rajya Sabha have to go. The entire council
the Prime Minister and other Ministers of cabinet rank.
of ministers is obliged to resign. This is called
“Rule of Collective Responsibility”.
INDIAN POLITY
EMERGENCY
PROVISIONS
National Emergency
The ‘internal disturbance’, third ground for
The provisions relating to this emergency are the proclamation of a National Emergency,
mentioned under Article 352. President has been was too vague and had a wider connotation.
given the power to proclaim an emergency in the Hence, the 44th Amendment Act of 1978
whole of India at any time when he is satisfied that substituted the words ‘armed rebellion’
the security of India or any part thereof has been for ‘internal disturbance’. Thus, it was not
threatened. possible to declare a National Emergency on
the ground of ‘internal disturbance’ as was
Ground of Declaration done in 1975 by the Congress government
headed by Indira Gandhi.
• National emergency can be imposed when the
security of India or a part of territory thereof is
threatened by, Approval and Duration
(a) War, • The proclamation of Emergency must be
approved by both the Houses of Parliament within
(b) External aggression or
one month from the date of its issue. (Reduced
(c) Armed rebellion from two to one month by 44th amendment act).
• When a national emergency is declared on the • If the Lok Sabha stands dissolved at a time of
ground of ‘war’ or ‘external aggression’, it is known the proclamation of emergency or the dissolution
as ‘External Emergency’ while when it is declared takes place during the period of one month
on the ground of ‘armed rebellion’, it is known as without approving the proclamation, then the
‘Internal Emergency’. proclamation survives until 30 days from the first
• A proclamation of national emergency may be sitting of the Lok Sabha after its reconstitution,
applicable to the entire country or only a part of it provided the Rajya Sabha has in the meantime
(through 42nd amendment act). approved it within a month of such Proclamation.
• Every resolution approving the proclamation of
• Proclamation may be made before the actual
emergency or its continuance must be passed
occurrence of war or of any such aggression or
by either House of Parliament by a majority of the
rebellion, if the President is satisfied that there is total membership of that house (absolute majority)
imminent danger. and by a majority of not less than two-thirds of
• The different proclamations can also be the members of that house present and voting.
issued based on grounds of war, external (Through 44th amendment act).
aggression, armed rebellion, whether or not • The emergency continues for six months from
there is a proclamation already issued and the date of Proclamation if approved by both the
such proclamation is in operation (through 38th Houses of Parliament.
amendment act). • It can be extended to an indefinite period with an
• Union Cabinet consisting of the Prime Minister approval of the Parliament for every six months at
a time. (Through 44th amendment act).
and other Ministers of Cabinet rank should
communicate the same in writing to the President
If the dissolution of the Lok Sabha takes
(through 44th amendment act). place during the period of six months without
• While the 42nd Amendment made the declaration approving, then the proclamation survives
immune from judicial review, it has been removed until 30 days from the first sitting of the Lok
by the 44th Amendment, so the constitutionality of Sabha after its reconstitution, provided the
the proclamation can be questioned in a Court on Rajya Sabha has in the mean-time approved
the ground of mala fides. its continuation.
Emergency Provisions 95
Revocation
President can Revoke Emergency
• At any time by a subsequent proclamation and such proclamation doesn’t require the Parliamentary
approval.
• When Lok Sabha passes a resolution disapproving its continuation with a simple majority (more than 50%
of present and voting). (Through 44th amendment act).
• A notice in writing signed by not less than one-tenth of the total members of Lok Sabha should be addressed
to the Speaker, if the House is in session; or to the President, if the House is not in session. A special sitting
of the House shall be held within fourteen days from the date on which such notice is received for the
purpose of considering the resolution for discontinuance. (Through 44th amendment act).
Financial Emergency
Need
There are times when a country’s financial conditions may be in serious turmoil requiring extra powers for
the Union Government to correct the situation. Such additional emergency powers are given during financial
emergency to the Union Government under Art. 360.
In India financial emergency has never been proclaimed. But the need and reason for financial emergency, if
ever occur, would be the financial stability or credit of India.
INDIAN POLITY
THE
JUDICIARY
URBAN
LOCAL BODIES
Introduction
Towns and cities contribute substantially to the economic development of the country. For instance, in 1950-51,
the contribution of urban sector to India’s GDP was only 29%, presently it is contributing about 62%-63% and is
likely to be 75% by 2021. These urban centres also play an important support role in the development of rural
hinterland and act as engine of growth for the whole country.
Salient Features
Article 243 Q envisages three types of Municipalities
1. Nagar Panchayats: These are for an area in transition from a rural to an urban area - generally with population
between 10,000 to 20,000.
2. Municipal Councils: This is for a smaller urban area - generally with population between 20,000 and 3 lacs.
3. Municipal Corporations
This is for a larger urban area generally with a population exceeding 3 lakhs.
If a municipality has a population of 3 lakhs or more then ward committees may be constituted for one or
more wards. The state legislature may by law make provisions with respect to
(a) the composition and territorial area of a ward committee.
(b) the manner in which the seats in a ward committee would be filled.
There is a five year term of office for every municipality. However, it can dissolved before the completion
of its term.
The superintendant, direction and control of the preparation of electoral rolls and conduct of all elections
to the municipalities shall be vested in the state election commission.
Explanation: A transitional area, a smaller urban area or a larger urban area means an area which the
Governor specifies by public notification with regard to the following factors:-
(a) Population of the area
(b) Density of Population
INDIAN POLITY
9. Which one is not a Fundamental Right? 15. What is the maximum strength of Lok Sabha?
(a) Right to equality (a) 525 (b) 537
(b) Right to religion (c) 550 (d) 545
(c) Right to assembly [BPSC (AE) : 2006]
(d) Right to property
Ans. (c)
[BPSC (AE) : 2006]
Ans. (d) 16. Indian Constitution, came into force on
(a) August 15,1947
10. Who was second President of lndia? (b) November 26,1949
(a) Dr.Zakir Hussain (c) January 26,1950
(b) V. V. Giri (d) January 30,1950
(c) Dr.Radhakrishnan [BPSC (AE) : 2006]
(d) Zail Singh
[BPSC (AE) : 2006] Ans. (c)