π 1. Historical Background & Constituent Assembly (10 min read)
A. British Acts β what came from which Act
| Act | Main point (Exam point) |
|---|---|
| Regulating Act 1773 | Made the Governor of Bengal the Governor-General of Bengal (first: Warren Hastings). Supreme Court at Calcutta (1774). |
| Pitt's India Act 1784 | Board of Control created β "double government" (Company + British Govt). |
| Charter Act 1833 | Governor-General of Bengal β Governor-General of India (first: Lord William Bentinck). Final step of centralisation. |
| Charter Act 1853 | Open competition started for the civil services. |
| Government of India Act 1858 | Company rule ended, rule of the Crown began. Secretary of State for India. The Governor-General was also called "Viceroy" (first Viceroy: Lord Canning). |
| Indian Councils Act 1861, 1892 | 1861: Indians were nominated, portfolio system. 1892: limited indirect election, discussion on the budget. |
| Indian Councils Act 1909 (Morley-Minto Reforms) | Separate electorate for Muslims. Lord Minto = "Father of communal electorate". |
| Government of India Act 1919 (Montagu-Chelmsford Reforms) | Dyarchy in the provinces β subjects divided into "transferred" and "reserved". Bicameral legislature at the Centre. Central Public Service Commission set up in 1926. |
| Government of India Act 1935 | Proposal for an All-India Federation (never formed), 3 lists (Federal, Provincial, Concurrent), provincial autonomy, Federal Court (1937), RBI (1935). The biggest source of the Constitution. |
| Indian Independence Act 1947 | British rule ended from 15 Aug 1947; full (sovereign) power to the Constituent Assembly. |
B. Constituent Assembly β Key Facts
- The idea of a Constituent Assembly was first given by M.N. Roy (1934). Congress officially demanded it in 1935.
- It was formed under the proposals of the Cabinet Mission Plan (1946). (3 members of the Cabinet Mission: Pethick-Lawrence, Stafford Cripps, A.V. Alexander.)
- Total members 389 (296 British India + 93 princely states). Members from British India were elected in July-August 1946 by the provincial assemblies (indirect).
- First meeting: 9 December 1946. Temporary chairman: Dr. Sachchidananda Sinha (the oldest member).
- Permanent President: Dr. Rajendra Prasad (11 Dec 1946). Constitutional Advisor: B.N. Rau.
- Objectives Resolution: moved by Jawaharlal Nehru on 13 Dec 1946, adopted on 22 Jan 1947. It later became the Preamble.
- Interim Government β formed under the Cabinet Mission plan on 2 September 1946 (Nehru β Vice-President of the Viceroy's Executive Council).
- After partition, the membership came down to 299.
- Drafting Committee: formed on 29 August 1947, chairman Dr. B.R. Ambedkar, 7 members in total (N. Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, K.M. Munshi, Syed Mohammad Saadullah, N. Madhava Rau, T.T. Krishnamachari).
- The Constitution was adopted on 26 November 1949 β this day is now celebrated as Samvidhan Divas (Constitution Day). Fully in force: 26 January 1950 (because Purna Swaraj Day was celebrated on 26 Jan 1930).
- Time taken: 2 years 11 months 18 days, 11 sessions.
- 24 January 1950: last meeting β 284 members signed; Rajendra Prasad was elected the first President; the national anthem and national song were adopted. The national flag was adopted on 22 July 1947.
- Original Constitution: Preamble + 395 Articles, 22 Parts, 8 Schedules.
C. Major Committees & Chairmen
| Committee | Chairman |
|---|---|
| Drafting Committee | Dr. B.R. Ambedkar |
| Union Powers Committee, Union Constitution Committee, States Committee | Jawaharlal Nehru |
| Provincial Constitution Committee; Advisory Committee on FR, Minorities, Tribal Areas | Sardar Vallabhbhai Patel |
| Rules of Procedure Committee; Steering Committee | Dr. Rajendra Prasad |
| Fundamental Rights Sub-Committee | J.B. Kripalani |
| Minorities Sub-Committee | H.C. Mukherjee |
- The Constituent Assembly was formed under the Cabinet Mission β not the Cripps Mission (1942), not the Mountbatten Plan.
- Objectives Resolution = Nehru (not Ambedkar!). Drafting Committee chairman = Ambedkar.
- Adopted: 26 Nov 1949; in force: 26 Jan 1950. Election to the CA: 1946.
- Montagu-Chelmsford = 1919 Act; Morley-Minto = 1909; Provincial autonomy = 1935; Dyarchy in provinces = 1919.
The GoI Act 1919 came on the report of Montagu (Secretary of State) and Chelmsford (Viceroy) β dyarchy in the provinces. 1909 = Morley-Minto.
The Cabinet Mission (1946) came to decide the method (modalities) of handing over power to Indians and the arrangement for making the Constitution. Plan of partition = Mountbatten Plan (1947); partition of Bengal = 1905.
In July-August 1946 the provincial assemblies elected the members of the CA. First meeting 9 Dec 1946.
The Drafting Committee was formed on 29 Aug 1947, chairman Ambedkar. Rajendra Prasad = President of the CA.
Moved by Nehru on 13 Dec 1946; adopted on 22 Jan 1947. The Preamble was based on it.
The Interim Government was formed on 2 September 1946 (under Nehru's leadership).
The CA was formed under the Cabinet Mission Plan 1946 (389 seats). The Cripps Mission came in 1942, but Congress rejected its proposal.
The GoI Act 1935 ended dyarchy in the provinces and gave provincial autonomy (in force after the 1937 elections).
π 2. Sources of the Constitution (Borrowed Features) & Salient Features (8 min read)
A. Sources table (Most asked!)
| Country / Source | What was taken |
|---|---|
| GoI Act 1935 | Federal scheme, office of Governor, judiciary, Public Service Commissions, emergency provisions, administrative details |
| Britain (UK) | Parliamentary government, rule of law, equality before law, single citizenship, cabinet system, legislative procedure, prerogative writs, bicameralism |
| USA | Fundamental Rights, judicial review, independence of the judiciary, impeachment of the President, removal of SC/HC judges, office of Vice-President, "equal protection of laws" |
| Ireland | DPSP, nomination of members to the Rajya Sabha, method of election of the President |
| Canada | Federation with a strong Centre, residuary powers with the Centre, appointment of Governors by the Centre, advisory jurisdiction of the SC |
| Australia | Concurrent List, freedom of trade and commerce, joint sitting |
| Germany (Weimar) | Suspension of Fundamental Rights during emergency |
| USSR (Russia) | Fundamental Duties, ideal of justice (social, economic, political) in the Preamble |
| France | Republic, liberty, equality, fraternity in the Preamble |
| South Africa | Amendment procedure, election of Rajya Sabha members |
| Japan | "Procedure established by law" (Art 21) |
B. Salient Features
- The longest written constitution in the world; it is an enacted constitution β not "evolved" or unwritten like the UK's.
- A mix of rigid + flexible β some parts are changed by simple majority, most by special majority, and some with the consent of the states (Art 368).
- Federal system with unitary bias β K.C. Wheare called it "quasi-federal". Art 1 does not use the word "federation"; it says "Union of States".
- Parliamentary form of government (at both Centre and States) β the President is the nominal head, the PM/CoM is the real executive.
- A blend of parliamentary sovereignty and judicial supremacy; integrated & independent judiciary.
- FR, DPSP, FD; secular state; universal adult franchise (18 years); single citizenship; independent bodies (ECI, CAG, UPSC); emergency provisions; three-tier government (after the 73rd/74th).
Federal: two governments (Centre + State), division of powers (7th Schedule), written constitution, supremacy of the constitution, rigidity, independent judiciary, bicameralism.
Unitary: strong Centre, a single constitution, single citizenship, integrated judiciary, appointment of the Governor by the Centre, All-India Services, emergency provisions, Art 3 (Parliament can change the boundary/name of a state).
Ambedkar: India is "an indestructible union of destructible states".
- The Indian federation is based on the Canadian model (strong Centre) β not the US model. But the basis of the provisions of the federal system = GoI Act 1935. The two questions are different!
- Concurrent List = Australia; DPSP = Ireland; FD = USSR; Amendment = South Africa; suspension of FR in emergency = Germany.
- "Equality before law" = Britain; "Equal protection of laws" = USA. If only Britain is in the options, choose Britain.
- Dual citizenship is NOT a feature of India (the USA has it). India = single citizenship (from the UK).
- India is not a "Presidential" system β it is Parliamentary.
Like Canada, India has a strong Centre, residuary powers with the Centre, and the Governor is appointed by the Centre. The US federation was formed by an "agreement of states"; India's was not.
The GoI Act 1935 for the first time provided for a federation and 3 lists (Federal, Provincial, Concurrent) β the base of our 7th Schedule.
The "equality before law" of Art 14 is a British concept (rule of law); "equal protection of laws" came from the US. Among the given options, only Britain fits.
The Constituent Assembly made it within a fixed time and brought it into force (enacted). The UK constitution is "evolved" and mostly unwritten.
India has single citizenship (from the UK). Dual citizenship exists in federal countries like the USA.
India has a parliamentary system β real power lies with the PM and the Council of Ministers, who are responsible to the Lok Sabha.
π 3. Preamble (5 min read)
Text of the Preamble (worth memorising)
"WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION."
| Word | Meaning |
|---|---|
| Sovereign | India is not subject to any outside power, internally or externally. |
| Socialist* | Democratic socialism β mixed economy, reducing inequality. |
| Secular* | The state has no religion; equal respect for all religions (sarva dharma sambhav). |
| Democratic | Government elected by the people, universal adult franchise. |
| Republic | The head of the state (President) is elected, not hereditary. |
* Socialist, Secular and Integrity β these 3 words were added by the 42nd Amendment 1976. The Preamble has been amended only once so far.
- The ideal of Justice (social, economic, political) β from the Russian Revolution (USSR); Liberty, Equality, Fraternity β from the French Revolution.
- Basis of the Preamble = Nehru's Objectives Resolution.
- Berubari Union case (1960): the Preamble is NOT a part of the Constitution. Kesavananda Bharati case (1973): the Preamble is a part of the Constitution (the same in the LIC case 1995). It can be amended, but the basic structure cannot be changed.
- The Preamble is not enforceable (non-justiciable) in court.
- K.M. Munshi called it the "political horoscope" and N.A. Palkhivala called it the "identity card of the Constitution".
- The "adoption date" written in the Preamble = 26 November 1949 (not 26 Jan 1950).
- "Integrity" was added by the 42nd β "Unity" was already there.
- The objective of "social justice" β in the Preamble (and in DPSP Art 38). Art 14/15/16 is not the answer.
The Preamble promises "social, economic and political justice". Art 14-16 are rights to equality.
42nd Amendment Act 1976 (Indira Gandhi government, during the Emergency). Some of its parts came into force in Jan-April 1977 β hence the "1977" trap; the year of the Act is 1976.
π 4. Parts & Schedules of the Constitution (6 min read)
A. Parts
| Part | Subject | Articles |
|---|---|---|
| I | Union & its Territory | 1β4 |
| II | Citizenship | 5β11 |
| III | Fundamental Rights (FR) | 12β35 |
| IV | Directive Principles of State Policy (DPSP) | 36β51 |
| IVA | Fundamental Duties (FD) | 51A |
| V | The Union (President, Parliament, SC, CAG) | 52β151 |
| VI | The States (Governor, State Legislature, HC) | 152β237 |
| VII | (Part B states β removed by the 7th Amendment 1956) | β |
| VIII | Union Territories (UTs) | 239β242 |
| IX | The Panchayats (73rd) | 243β243O |
| IXA | The Municipalities (74th) | 243Pβ243ZG |
| IXB | Co-operative Societies (97th, 2011) | 243ZHβ243ZT |
| X | Scheduled and Tribal Areas | 244β244A |
| XI | Relations between the Union and the States | 245β263 |
| XII | Finance, Property, Contracts (Finance Commission Art 280, Art 300A property) | 264β300A |
| XIII | Trade, Commerce | 301β307 |
| XIV | Services under the Union and the States (UPSC/SPSC) | 308β323 |
| XIVA | Tribunals | 323Aβ323B |
| XV | Elections (ECI Art 324) | 324β329 |
| XVI | Special provisions relating to certain classes (SC/ST, NCSC, NCBC) | 330β342A |
| XVII | Official Language | 343β351 |
| XVIII | Emergency Provisions | 352β360 |
| XIX | Miscellaneous (Art 361 immunity to the President/Governor) | 361β367 |
| XX | Amendment of the Constitution | 368 |
| XXI | Temporary, Transitional and Special Provisions | 369β392 |
| XXII | Short title, Commencement, Authoritative text in Hindi, Repeals | 393β395 |
B. 12 Schedules
| Schedule | Subject |
|---|---|
| 1st | Names and territories of the States and UTs |
| 2nd | Salaries and allowances of the President, Governor, Speaker, judges, CAG |
| 3rd | Forms of oath/affirmation |
| 4th | Allocation of seats in the Rajya Sabha |
| 5th | Administration of Scheduled Areas and tribes (MP comes under this) |
| 6th | Tribal areas of Assam, Meghalaya, Tripura, Mizoram |
| 7th | 3 Lists β Union, State, Concurrent (original number: 97, 66, 47 subjects) |
| 8th | 22 languages (originally 14) |
| 9th | Land reform laws β from the 1st Amendment 1951; to protect them from judicial review |
| 10th | Anti-defection law β 52nd Amendment 1985 |
| 11th | Panchayat β 29 subjects (73rd, 1992) |
| 12th | Municipality β 18 subjects (74th, 1992) |
- Citizenship = Part II (not Part III β Part III is FR).
- Laws in the 9th Schedule were considered "outside" judicial review. But I.R. Coelho case (2007): laws added after 24 April 1973 can be reviewed by the court if they violate the basic structure. If the exam question is simple, the answer is the 9th Schedule.
- Powers of Panchayats = 11th; Municipalities = 12th; Anti-defection = 10th.
The 1st Amendment 1951 added Art 31B and the 9th Schedule so that land reform laws could not be challenged in court. (After the I.R. Coelho judgment of 2007, laws added after 24 April 1973 can be reviewed on the basis of the basic structure.)
The 97th Amendment (2011, in force 12 Jan 2012) added Part IXB (co-operative societies), Art 43B in the DPSP (promotion of co-operative societies) and "co-operative societies" in Art 19(1)(c). Statements 1 and 3 say the same thing β both are correct. (Note: in 2021 the SC limited Part IXB to multi-state co-operatives only, but Part IXB still exists in the Constitution.)
π 5. The Union & its Territory (Art 1β4), States Reorganisation & Formation of MP (8 min read)
- Art 1: "India, that is Bharat, shall be a Union of States". Territory = States + UTs + acquired territories.
- Art 2: Admission of new states into the Union (that were not earlier part of India) β like Sikkim (full state by the 36th Amendment 1975).
- Art 3: Parliament can by law form a new state, and change the area/boundary/name of any state. The Bill comes on the recommendation of the President; the President takes the views of the state legislature concerned (accepting the views is not necessary). Passed by simple majority.
- Art 4: Laws under Art 2 and 3 are not considered "amendments of the Constitution" under Art 368.
States Reorganisation
- In 1950 the states were in 4 categories: Part A (former Governor's provinces), Part B (unions of princely states β Rajpramukh), Part C (Chief Commissioner's provinces), Part D (Andaman-Nicobar).
- The Dhar Commission (1948) and the JVP Committee (Nehru, Patel, Pattabhi Sitaramayya β 1948) rejected language-based states.
- Andhra (1953) β the first linguistic state (after Potti Sriramulu died on hunger strike).
- Fazl Ali Commission (States Reorganisation Commission, 1953; members K.M. Panikkar, H.N. Kunzru) β States Reorganisation Act 1956 + 7th Amendment 1956: A/B/C/D categories ended; from 1 Nov 1956, 14 states and 6 UTs.
- Today: 28 States, 8 UTs (J&K and Ladakh UTs β 31 Oct 2019; merger of Dadra-Nagar Haveli and Daman-Diu β 26 Jan 2020).
The new Madhya Pradesh was formed on 1 November 1956. It had 4 constituent states: (1) old Madhya Pradesh (Mahakoshal β part of C.P. & Berar), (2) Madhya Bharat, (3) Vindhya Pradesh, (4) Bhopal. All four had their own legislative assemblies β after reorganisation all four assemblies were merged into one. On 1 Nov 2000 Chhattisgarh separated.
Vindhya Pradesh (according to the official MP Vidhan Sabha history):
- Established: 4 April 1948; initially a "B" category state; Rajpramukh: Shri Martand Singh.
- In 1950 it was changed from "B" to "C" category.
- From 1 March 1952 it became a Lieutenant/Deputy Governor's (Up-Rajyapal) province; Chief Minister Pt. Shambhunath Shukla.
- In the 1952 general election, 60 members were elected to the assembly; Speaker Shri Shivanand; Deputy Speaker Shri Shyam Sundar 'Shyam'.
- First sitting of the assembly: 21 April 1952; term about 4.5 years, about 170 sittings.
Madhya Bharat: formed in May 1948 by merging the Gwalior, Indore and Malwa princely states; life-long Rajpramukh Jiwaji Rao Scindia; first CM Liladhar Joshi; 99 seats in 1952; first session of the new assembly 17 March 1952, Gwalior.
First MP Vidhan Sabha: came into existence on 1 Nov 1956; its first and last session was 17 December 1956 β 17 January 1957. (First CM: Pt. Ravishankar Shukla; first Governor: Dr. B. Pattabhi Sitaramayya; first Speaker: Pt. Kunjilal Dubey.)
- 4 April 1948 = established (B category) | 1950 = B β C | 1 March 1952 = Up-Rajyapal's province | 21 April 1952 = first sitting of the assembly.
- Rajpramukh = Martand Singh; CM = Shambhunath Shukla; Speaker = Shivanand. (These same four names keep rotating in the options!)
- Under Art 3, the power to change the name/boundary of a state lies with Parliament β not the state legislature or the President alone.
π 6. Citizenship (Part II, Art 5β11) (5 min read)
| Article | Subject |
|---|---|
| 5 | Citizenship at the commencement of the Constitution (domicile + birth/parents/5 years' residence) |
| 6 | Citizenship of persons who migrated to India from Pakistan |
| 7 | Citizenship of persons who migrated from India to Pakistan |
| 8 | Persons of Indian origin living abroad |
| 9 | Indian citizenship ends on voluntarily acquiring foreign citizenship |
| 10 | Continuance of the rights of citizenship |
| 11 | Parliament to regulate citizenship by law |
Citizenship Act 1955
- 5 ways of acquiring citizenship: birth, descent, registration, naturalisation, incorporation of territory.
- 3 ways of losing citizenship: (1) Renunciation β giving it up oneself; (2) Termination β automatic on voluntarily acquiring another country's citizenship; (3) Deprivation β taken away by the Central Govt (fraud, disloyalty to the Constitution, trading with the enemy during war, a sentence of 2+ years within 5 years of registration/naturalisation, or living outside India continuously for 7 years β these grounds apply to citizens by registration/naturalisation).
- General rule for naturalisation: residence in India for the 12 months just before applying + 11 of the 14 years before that.
- CAA 2019 (Citizenship Amendment Act): for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who came from Afghanistan, Bangladesh and Pakistan up to 31 Dec 2014, the period for naturalisation is 5 years. Rules notified on 11 March 2024.
- OCI (Overseas Citizen of India) β this is NOT dual citizenship; it gives some facilities (lifelong visa).
- "Birth, Registration, Naturalisation" are ways of acquiring citizenship β the way of losing it = Renunciation.
- Dual citizenship = a feature of countries with a federal government like the USA; India, though federal, has single citizenship.
Citizenship Act 1955, Section 10(2)(e): if a citizen by registration/naturalisation stays outside India continuously for 7 years (without being a student, serving the government/an international organisation, or registering at the consulate every year), the Central Govt can take away (deprive) his citizenship.
π 7. Fundamental Rights & Writs (Part III, Art 12β35) (12 min read)
A. 6 Fundamental Rights β Article-wise
| Right | Articles | Key points |
|---|---|---|
| 1. Right to Equality | 14β18 | 14: equality before law + equal protection of laws Β· 15: no discrimination on grounds of religion, race, caste, sex, place of birth Β· 16: equality of opportunity in public employment Β· 17: abolition of untouchability Β· 18: abolition of titles (Bharat Ratna/Padma awards are not "titles" β Balaji Raghavan case 1996) |
| 2. Right to Freedom | 19β22 | 19: 6 freedoms β (a) speech and expression, (b) assemble peaceably and without arms, (c) form associations/unions/co-operative societies, (d) move freely anywhere in India, (e) reside anywhere, (g) any profession/occupation Β· 20: protection in respect of conviction for offences (no double jeopardy, no self-incrimination) Β· 21: protection of life and personal liberty Β· 21A: right to education (6β14 years) β 86th Amendment 2002 Β· 22: protection against arrest/detention (before a magistrate within 24 hours) |
| 3. Right against Exploitation | 23β24 | 23: ban on human trafficking and begar (forced labour) Β· 24: children below 14 years cannot be employed in factories/mines/hazardous work |
| 4. Right to Freedom of Religion | 25β28 | 25: freedom of conscience, freedom to profess and propagate religion (Sikhs carrying the kirpan comes under this) Β· 26: managing religious affairs Β· 27: no tax for a particular religion Β· 28: no religious instruction in government educational institutions |
| 5. Cultural and Educational Rights | 29β30 | 29: protection of the language, script and culture of minorities Β· 30: right of minorities to establish their own educational institutions β both protect the interests of minorities |
| 6. Right to Constitutional Remedies | 32 | For violation of FR one can go directly to the Supreme Court. Ambedkar: "the heart and soul of the Constitution". |
Art 12 = definition of "State" Β· Art 13 = laws inconsistent with FR are void β this is the basis of judicial review Β· Art 33 = Parliament can restrict the FR of the armed forces, police etc. Β· Art 34 = restriction on FR during martial law Β· Art 35 = laws on some FR will be made only by Parliament.
- Freedom of the press is not mentioned separately in the Constitution β it is implied in Art 19(1)(a) (freedom of expression) (Romesh Thappar 1950, Sakal Papers 1962).
- The court widened Art 21: Maneka Gandhi case (1978) β the "procedure" must be just, fair and reasonable. It now includes privacy (Puttaswamy 2017), clean environment, speedy justice, livelihood etc.
- Some FR are only for citizens: Art 15, 16, 19, 29, 30. The rest (14, 20, 21, 22, 25...) are for foreigners too.
- Even during a National Emergency, Art 20 and 21 cannot be suspended (44th Amendment 1978). Art 19 is automatically suspended only in an emergency due to war/external aggression (Art 358).
- The Untouchability (Offences) Act 1955 was renamed the Protection of Civil Rights Act 1955 β amendment in 1976 (in force 19 Nov 1976). After this came the SC/ST (Prevention of Atrocities) Act 1989.
B. 5 Writs β Art 32 (SC) & Art 226 (HC)
| Writ | Literal meaning | When it is issued |
|---|---|---|
| Habeas Corpus | "To have the body" β produce the body | Against illegal detention/arrest. Against both government and private persons. The most important β protects personal liberty. |
| Mandamus | "We command" | Orders a public official/body to perform its legal duty. Not against the President, Governor or a private person. |
| Prohibition | "To forbid" β to stop | A higher court stops a lower court/tribunal from going beyond its jurisdiction (while the case is going on). |
| Certiorari | "To be certified / informed" | Calling up a case from a lower court or quashing its decision (even after the case). |
| Quo Warranto | "By what authority/warrant" | If a person is illegally holding a public office, the court asks β by what authority do you hold the office? It is a writ issued by a court. |
SC vs HC: The SC (Art 32) issues writs only for FR; the HC (Art 226) issues them for FR as well as for other legal rights β so the writ jurisdiction of the HC is wider. Art 32 is itself an FR; Art 226 is not.
- "Heart and soul" = Art 32 / Right to Constitutional Remedies β asked both ways! Not Art 21 or Art 14.
- Art 19 now has 6 freedoms (the 7th β property 19(1)(f) β was removed by the 44th). Original FR 7, now 6.
- "We command" = Mandamus; "To have the body" = Habeas Corpus; "By what authority" = Quo Warranto.
- HC writ = Art 226 (Art 32 = SC). Advisory = 143, Original = 131 β do not mix them up.
- RTE (Art 21A) is part of the Right to Freedom group (Art 19β22) β not "Cultural & Educational Rights" (29β30)!
- Minorities = Art 29 & 30; Art 17 = untouchability; FR of armed forces restricted = Art 33.
π 8. Directive Principles of State Policy (DPSP β Part IV, Art 36β51) (6 min read)
| Article | Directive |
|---|---|
| 38 | Social order β social, economic, political justice; reducing inequality of income (38(2) β 44th) |
| 39 | (a) adequate means of livelihood (b)(c) equal distribution of resources, no concentration of wealth (d) equal pay for equal work for men and women |
| 39A | Equal justice and free legal aid (42nd) |
| 40 | Organisation of Village Panchayats (Gandhian) |
| 41, 42, 43 | Right to work, education, public assistance; humane conditions of work, maternity relief; living wage, cottage industries |
| 43A, 43B | Participation of workers in the management of industries (42nd); promotion of co-operative societies (97th, 2011) |
| 44 | Uniform Civil Code |
| 45 | Care and education of children up to 6 years (after the 86th) |
| 46 | Educational and economic interests of SC/ST and weaker sections |
| 47 | Level of nutrition, public health; prohibition (of intoxicating drinks) |
| 48, 48A | Agriculture and animal husbandry, ban on cow slaughter; protection of environment, forests and wildlife (42nd) |
| 49, 50, 51 | National monuments; separation of the judiciary from the executive; international peace |
Classification: Socialist (38, 39, 41, 42, 43, 47) Β· Gandhian (40, 43, 46, 47, 48) Β· Liberal-intellectual (44, 45, 48, 48A, 49, 50, 51). Minerva Mills (1980): the balance between FR and DPSP is part of the basic structure of the Constitution.
- On hearing "right to adequate means of livelihood", do not choose FR β it is a DPSP (Art 39(a)).
- The aims of DPSP are a welfare state, socio-economic justice, gram panchayats β but never a "religious state" (India is secular).
- FR = justiciable (enforceable in court); DPSP = non-justiciable. FR are "negative" (they restrain the state), DPSP are "positive" (they ask the state to act).
π 9. Fundamental Duties (Part IVA, Art 51A) (4 min read)
- On the recommendation of the Swaran Singh Committee, Part IVA and Art 51A were added by the 42nd Amendment 1976. Inspiration: USSR (former Soviet Union).
- Initially 10 duties; the 11th β 51A(k) β by the 86th Amendment 2002: parents/guardians shall provide opportunities for education to their child of 6β14 years.
- They apply only to citizens and are non-justiciable (the court does not enforce them directly).
| 51A | Duty |
|---|---|
| (a) | Respect the Constitution, the National Flag and the National Anthem |
| (b) | Follow the ideals of the freedom struggle |
| (c) | Protect the sovereignty, unity and integrity of India |
| (d) | Defend the country and render national service when called upon |
| (e) | Harmony and brotherhood; renounce practices derogatory to the dignity of women |
| (f) | Value and preserve the rich heritage of our composite culture |
| (g) | Protect the natural environment (forests, lakes, rivers, wildlife), compassion for living creatures |
| (h) | Scientific temper, humanism, spirit of inquiry and reform |
| (i) | Safeguard public property, abjure violence |
| (j) | Strive towards excellence in individual and collective activity |
| (k) | Opportunities for education to a child of 6β14 years (86th, 2002) |
π 10. Union Executive β President, Vice-President, Prime Minister, Council of Ministers, Attorney General (Art 52β78) (12 min read)
A. President (Art 52β62)
- Art 52: There shall be a President of India. Art 53: the executive power of the Union is vested in the President. Supreme commander of all three armed forces.
- Election (Art 54): electoral college β elected members of both Houses of Parliament + elected members of the legislative assemblies of the states and of Delhi, Puducherry (not nominated members, not the Vidhan Parishad). Method: proportional representation by means of the single transferable vote (from Ireland).
- Qualifications: citizen, 35 years, qualified to be a member of the Lok Sabha. Term 5 years, can be re-elected.
- Oath: administered by the CJI. Resignation: to the Vice-President.
- Impeachment (Art 61): only ground is "violation of the Constitution"; can start in either House; 14 days' notice; by a majority of 2/3 of the total membership of each House. Nominated members take part, MLAs do not.
- Powers: Art 72 β pardon, reprieve, respite, remission, commutation (can also pardon sentences by a court martial and the death sentence; the Governor under Art 161 cannot pardon a death sentence). Art 123 β Ordinance (when Parliament is not in session). Art 143 β advice from the SC. Art 352/356/360 β emergency.
- Art 74(1): the President shall act on the advice of the Council of Ministers β the 42nd Amendment (1976) made the advice binding; the 44th (1978) gave the President the right to send the advice back once for reconsideration, but advice given again must be accepted.
- Powers over Parliament (Art 85): to summon the Houses, to prorogue them, and to dissolve the Lok Sabha. Adjournment is done by the Speaker/Chairman, not the President.
- Salary and allowances are charged on the Consolidated Fund of India, and cannot be reduced during the term (Art 59(4)).
- Present President: Smt. Droupadi Murmu (15th President, since 25 July 2022) (as of Sep 2026). First President: Dr. Rajendra Prasad.
B. Vice-President (Art 63β71)
- Art 64: ex-officio Chairman of the Rajya Sabha. (Office taken from the US.)
- Election: all members of both Houses of Parliament (including nominated); MLAs do not take part. Qualifications: 35 years, qualified to be a member of the Rajya Sabha. Term 5 years.
- Oath: administered by the President; resignation: to the President. Removal: by a resolution of the Rajya Sabha passed by an effective majority and agreed to by the Lok Sabha (14 days' notice) β not impeachment.
- Present: C.P. Radhakrishnan (15th VP, since 12 Sep 2025) (as of Sep 2026).
C. Prime Minister & Council of Ministers (Art 74β75)
- Art 74: there shall be a Council of Ministers with the PM at its head to advise the President. Art 75(1): the PM is appointed by the President; the other ministers on the PM's advice.
- Art 75(3): the Council of Ministers is collectively responsible to the Lok Sabha.
- Art 75(5): a minister who is not a member of either House for 6 consecutive months ceases to be a minister at the end of that period. (Same in the states β Art 164(4).)
- 91st Amendment (2003): size of the Council of Ministers max 15% of the total strength of the Lok Sabha (in states 15% of the assembly, but at least 12).
- Present PM: Narendra Modi (third term since 9 June 2024) (as of Sep 2026). First PM: Jawaharlal Nehru.
D. Attorney General (Art 76)
- The highest law officer of the Government of India. Appointed by the President; qualification = qualified to be an SC judge. No fixed term β holds office during the pleasure of the President.
- Art 88: right to speak and take part in both Houses of Parliament, but no right to vote. Right of audience in any court in India.
- Counterpart in the state: Advocate General β Art 165. Present AG: R. Venkataramani (reappointed for 2 years from 1 Oct 2025) (as of Sep 2026).
E. Oath & Resignation β Quick Table
| Office | Oath administered by | Resignation to |
|---|---|---|
| President | CJI (in his absence, the senior-most judge of the SC) | Vice-President |
| Vice-President | President | President |
| PM & Union Ministers | President | President |
| SC Judge / CJI | President (or a person appointed by him) | President |
| Lok Sabha Speaker | (Takes oath as a member; the Speaker is elected) | Deputy Speaker |
| Governor | Chief Justice of the HC of that state | President |
| CM & State Ministers | Governor | Governor |
- Pardon = Art 72 (Governor = 161); Ordinance = 123 (Governor = 213); CoM headed by PM = Art 74.
- Head of State = President; Head of Government = PM. Do not get confused if the options have the Speaker/VP.
- The President has no power to "adjourn" the Lok Sabha β he summons, prorogues and dissolves.
- Minister without membership = 6 consecutive months (12 months / 1.5 years is wrong).
- Is the President bound to follow the advice of the PM/CoM? Yes (Art 74(1), 42nd); he can send it back once for reconsideration (44th).
π 11. Parliament (Art 79β122) (12 min read)
A. Lok Sabha vs Rajya Sabha
| Point | Lok Sabha (Art 81) | Rajya Sabha (Art 80) |
|---|---|---|
| Max strength | 550 elected (530 states + 20 UT); at present 543 | 250 (238 elected + 12 nominated); at present 245 |
| Election | Directly by the people (FPTP) | Elected members of the state legislative assemblies β proportional representation, single transferable vote. Allocation of seats: 4th Schedule. |
| Min age | 25 years | 30 years |
| Term | 5 years (Art 83(2)); can be dissolved earlier; during a national emergency it can be extended by 1 year at a time | Permanent House β not dissolved; 1/3 of the members retire every 2 years; term of a member 6 years |
| Presiding officer | Speaker (elected by the House) | Chairman = Vice-President (ex-officio); Deputy Chairman from the House |
| Special powers | Money bill, no-confidence motion, CoM responsible to it | Art 249 (resolution for a law in the national interest on a State List subject), Art 312 (new All-India Service) |
Nominated (12): the President nominates experts in literature, science, art and social service (Art 80(3)) β inspired by Ireland. The provision for nominating 2 Anglo-Indians to the Lok Sabha ended in Jan 2020 by the 104th Amendment. From MP: Lok Sabha 29, Rajya Sabha 11 seats.
B. Session & Procedure Terms
| Term | Meaning | Done by |
|---|---|---|
| Summon | Calling the House for a session | President (Art 85) |
| Adjournment | Stopping a sitting for some hours/days β the session continues | Speaker / Chairman |
| Adjournment sine die | Stopping without fixing the next date | Speaker / Chairman |
| Prorogation | End of the session | President |
| Dissolution | End of the Lok Sabha, fresh elections (never the RS) | President |
| Recess | The gap between prorogation and the re-assembly in the next session | β |
- Art 85: the gap between two sessions must not be more than 6 months. Traditional 3 sessions: Budget, Monsoon, Winter.
- Question Hour (the first hour); Zero Hour β an Indian innovation (since 1962), not mentioned in the rules.
- A no-confidence motion only in the Lok Sabha, support of at least 50 members; giving reasons is not necessary.
C. Bills
| Bill | Key points |
|---|---|
| Ordinary Bill | In either House; deadlock between the two β joint sitting (Art 108) β presided over by the Speaker. |
| Money Bill (Art 110) | Only in the Lok Sabha, on the recommendation of the President. Whether it is a money bill or not β the Speaker's decision is final. The Rajya Sabha can neither amend nor reject it β only recommend, and must return it within 14 days (Art 109). The President cannot return it (only assent or withhold). |
| Financial Bill | Art 117 β not like a money bill; the RS has full power. |
| Constitution Amendment Bill | Art 368 β in either House; no joint sitting; the President must give assent (24th Amendment). |
Joint sitting held 3 times so far: Dowry Prohibition (1961), Banking Service Commission (Repeal) (1978), POTA (2002). Budget = "Annual Financial Statement" (Art 112). Consolidated Fund Art 266; Contingency Fund Art 267.
D. Speaker of the Lok Sabha (Art 93β96)
- The Lok Sabha elects him from among its members. Certifies money bills, presides over joint sittings, casting vote (Art 100) in case of a tie, decides disqualification under the 10th Schedule (defection), adjourns the House.
- Resignation: to the Deputy Speaker. Removal: by a resolution passed by a majority of all the then members of the Lok Sabha, 14 days' notice. Even when the Lok Sabha is dissolved, the Speaker stays in office until the first sitting of the new House.
- First Speaker: G.V. Mavalankar. Present: Om Birla (since 2019; re-elected on 26 June 2024) (as of Sep 2026).
E. Parliamentary Committees (Financial Committees)
| Committee | Members | Work |
|---|---|---|
| Public Accounts Committee | 22 (15 LS + 7 RS) | Examines the CAG's report; chairman traditionally from the opposition |
| Estimates Committee | 30 (all LS) | Examines budget estimates, suggests economies β the largest committee |
| Committee on Public Undertakings | 22 (15 LS + 7 RS) | Examines reports and accounts of PSUs |
All these are Parliamentary Committees (not Cabinet committees). Members are elected every year by proportional representation; ministers cannot be members.
- Term of an RS member 6 years; RS nominated = 12; money bill with the RS max 14 days; max gap between two sessions 6 months.
- Adjourn = Speaker; Prorogue = President. "President's power over the House" = Prorogue.
- Both the Rajya Sabha and the Vidhan Parishad have nomination and indirect election β the real difference: the RS takes part in the impeachment of the President (and the resolution to remove the VP starts in the RS); the Vidhan Parishad does not.
π 12. Judiciary β Supreme Court, High Courts, Judicial Review, PIL (10 min read)
A. Supreme Court (Art 124β147)
- Art 124: establishment and constitution of the SC. Inaugurated: 28 January 1950 (in place of the Federal Court). Seat: Delhi (Art 130).
- Strength: CJI + 7 in the original Constitution. By the Supreme Court (Number of Judges) Amendment Act 2026 it is now CJI + 37 = 38 (it was 34 from 2019) (as of Sep 2026). The power to increase the number lies with Parliament.
- Appointment: by the President β in practice on the recommendation of the collegium (CJI + 4 senior-most judges) (Second Judges case 1993). The NJAC (99th Amendment) was struck down by the SC in 2015.
- Qualifications: citizen + 5 years as HC judge / 10 years as HC advocate / a distinguished jurist in the opinion of the President. Retirement age 65 years (HC: 62).
- Removal (Art 124(4)): "proved misbehaviour or incapacity" β in each House, a majority of the total membership + 2/3 of those present and voting; then an order of the President. Judges (Inquiry) Act 1968.
- Present CJI: Justice Surya Kant (53rd CJI, since 24 Nov 2025) (as of Sep 2026). First CJI: H.J. Kania.
| Jurisdiction | Article | Meaning |
|---|---|---|
| Original | 131 | Centre-State or State-State disputes go directly to the SC |
| Writ (FR) | 32 | 5 writs for violation of FR |
| Appellate | 132β134 | Constitutional, civil, criminal appeals from the HC |
| Special Leave Petition | 136 | Appeal by special leave against the decision of any court/tribunal |
| Advisory | 143 | The President can seek the SC's opinion on a question of law/fact (the opinion is not binding) β from Canada |
| Court of Record | 129 (HC: 215) | Can punish for its own contempt |
| Review / Binding law / Complete justice | 137 / 141 / 142 | Review of its own judgments; law declared by the SC is binding on all courts; orders for "complete justice" |
B. High Court (Art 214β231)
- Art 214: a HC for each state. Art 231: a common HC for two or more states. There are 25 High Courts in the country (as of Sep 2026). Oldest: Calcutta HC (1862).
- Art 217: appointment by the President (in consultation with the CJI and the Governor). Art 224: additional/acting judges. Art 226: writs (FR + other rights). Art 227: superintendence over subordinate courts.
- Judge's oath: administered by the Governor (or a person appointed by him); resignation: to the President.
C. Judicial Review & PIL
- Judicial review = if the court finds a law or executive order against the Constitution, it can declare it unconstitutional (void). Basis: Art 13, 32, 226. Taken from the USA (Marbury v Madison 1803). It is part of the basic structure of the Constitution.
- PIL (Public Interest Litigation): any aware person/organisation can go to court in the interest of others (the poor, prisoners, labourers) β the rule of "locus standi" is relaxed. Credit goes to Justice P.N. Bhagwati and V.R. Krishna Iyer. The principle was strengthened in the S.P. Gupta case (1981). Even a post card/letter was treated as a writ petition (epistolary jurisdiction).
- Lok Adalat: statutory status by the Legal Services Authorities Act 1987; its decision is final, no appeal.
- Establishment of the SC = Art 124 (Art 214 = HC; Art 231 = common HC; Art 224 = additional judges).
- Original = 131; Advisory = 143; Art 142 = complete justice; Art 147 = interpretation β these keep rotating in the options.
- Guardian of the Constitution in a federal system = Judiciary (not Parliament).
π 13. State Executive & Legislature β Governor, Chief Minister, Vidhan Sabha (Part VI) (8 min read)
A. Governor
| Article | Provision |
|---|---|
| 153 | A Governor for each state; one person can be Governor of 2+ states (7th Amendment 1956) |
| 154 | The executive power of the state is vested in the Governor |
| 155β156 | Appointed by the President; holds office during the pleasure of the President; normally 5 years |
| 157 | Qualifications: citizen, 35 years |
| 160 | Discharge of the Governor's functions in contingencies (like death/resignation) β the President makes the arrangement |
| 161 | Pardoning power (cannot pardon a death sentence) |
| 163 | Council of Ministers to advise (except in some matters of discretion) |
| 164 | The CM is appointed by the Governor; the Council of Ministers is collectively responsible to the Vidhan Sabha; without membership, 6 consecutive months |
| 165 | Advocate General |
| 200 | On a bill passed by the legislature: assent / withhold / return for reconsideration (if not a money bill) / reserve for the consideration of the President |
| 201 | President's decision on a reserved bill |
| 213 | Issuing an Ordinance when the legislature is not in session |
Oath: administered by the Chief Justice of the HC of that state. On the death/resignation of a Governor, arrangements are made under Art 160 β sometimes the Chief Justice of the HC is sworn in as acting Governor, and sometimes the Governor of a neighbouring state is given additional charge.
B. Chief Minister & Legislature
- The CM is appointed by the Governor (leader of the majority party in the assembly). Art 167: the CM communicates the decisions of the Council of Ministers to the Governor. The CM and the Council of Ministers are responsible to the Vidhan Sabha.
- Art 168: state legislature = Governor + one or two Houses. Art 169: the Vidhan Parishad is created/abolished by Parliament by law, when the Vidhan Sabha passes a resolution by special majority.
- States with a Vidhan Parishad: 6 β Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka (as of Sep 2026).
- Art 170: 60β500 members in the Vidhan Sabha. Art 171: Vidhan Parishad max 1/3 of the Vidhan Sabha, min 40. The Vidhan Parishad is a permanent House, member's term 6 years.
- The Vidhan Parishad too can hold a money bill for only 14 days (Art 198).
- Ordinance in a state = Governor (Art 213) β not the President or the CM.
- Governor = constitutional head (not the real head, not hereditary).
- CM responsible to = Vidhan Sabha (he holds office during the Governor's pleasure, but his responsibility is to the House).
- Reserving a bill for the President = Art 200.
π 14. Polity of Madhya Pradesh (MP Polity β Special) (6 min read)
| Item | Number |
|---|---|
| Vidhan Sabha seats | 230 (SC reserved 35, ST reserved 47) |
| Lok Sabha seats (from MP) | 29 (SC 4, ST 6) |
| Rajya Sabha seats (from MP) | 11 |
| Houses | Unicameral β only the Vidhan Sabha. (The name "Madhya Pradesh" was added to Art 168 by the 7th Amendment 1956, but a Vidhan Parishad was never formed in MP.) |
- Vidhan Sabha building: Bhopal. Present: 16th Vidhan Sabha (since Dec 2023).
- Firsts: Governor Dr. B. Pattabhi Sitaramayya; CM Pt. Ravishankar Shukla; Speaker Pt. Kunjilal Dubey.
- Present (as of Sep 2026): Governor Mangubhai C. Patel (since 8 July 2021); CM Dr. Mohan Yadav (since 13 Dec 2023); Vidhan Sabha Speaker Narendra Singh Tomar (since 20 Dec 2023).
- Origin: Nagpur High Court β on 2 January 1936 under Letters Patent (GoI Act 1935).
- After the reorganisation of states, Madhya Pradesh High Court from 1 November 1956, principal seat: Jabalpur.
- Benches: Indore and Gwalior β temporary from 1 Nov 1956, permanent from 28 November 1968.
- Present Chief Justice: Justice Alpesh Y. Kogje (sworn in on 10 Sep 2026) (as of Sep 2026).
1 Nov 1956: Madhya Pradesh + Madhya Bharat + Vindhya Pradesh + Bhopal β new MP; all four assemblies merged into one. First and last session of the first MP Vidhan Sabha: 17 Dec 1956 β 17 Jan 1957. 1 Nov 2000: Chhattisgarh separated (MP Reorganisation Act 2000).
- MP Vidhan Sabha 230; LS 29; RS 11 β do not mix up these three numbers. ST-reserved VS seats (47) are more than SC (35).
- The principal seat of the MP HC is Jabalpur, not Bhopal. Benches: Indore, Gwalior.
π 15. Panchayati Raj & Urban Local Bodies (73rd & 74th Amendment, PESA) (10 min read)
A. Timeline β asked very often
| Year | Event |
|---|---|
| 2 Oct 1952 | Community Development Programme started; National Extension Service in 1953 |
| 1957 | Balwant Rai Mehta Committee β recommended a 3-tier system: Gram Panchayat (village) β Panchayat Samiti (block) β Zila Parishad (district); "democratic decentralisation" |
| 2 Oct 1959 | Rajasthan (Nagaur district) β the first state to implement Panchayati Raj (inaugurated by PM Nehru); followed by Andhra Pradesh |
| 1977 | Ashok Mehta Committee β 2-tier (Mandal Panchayat + Zila Parishad), participation of political parties |
| 1985 | G.V.K. Rao Committee |
| 1986 | L.M. Singhvi Committee β recommended constitutional status for panchayats |
| 1989 | 64th Amendment Bill β defeated in the Rajya Sabha |
| 1992 | 73rd Amendment Act (Panchayat) β in force 24 April 1993 (this day is "National Panchayati Raj Day"); 74th (Municipality) β in force 1 June 1993 |
| 1996 | PESA Act β Panchayats (Extension to the Scheduled Areas) Act; for 5th Schedule areas (recommended by the Dilip Singh Bhuria Committee) |
B. 73rd Amendment β Main Provisions (Part IX, Art 243β243O, 11th Schedule)
- 243A: Gram Sabha (all registered voters of the village). 243B: 3-tier panchayats (states with a population below 20 lakh may skip the intermediate level).
- 243D: Reservation β for SC/ST in proportion to their population; at least 1/3 of the seats for women (also in chairperson posts).
- 243E: term 5 years; if dissolved, election within 6 months.
- 243I: State Finance Commission β every 5 years (constituted by the Governor). 243K: State Election Commission β conducts panchayat elections; 243ZA β it conducts municipal elections too.
- 11th Schedule β 29 subjects. Minimum age to contest elections 21 years.
C. 74th Amendment β Urban Local Bodies (Part IXA, Art 243Pβ243ZG, 12th Schedule)
- 3 types: Nagar Panchayat (transitional area), Nagar Palika Parishad (smaller towns), Nagar Nigam (big cities).
- Ward committees (3 lakh+ population), District Planning Committee (243ZD), Metropolitan Planning Committee (243ZE). 12th Schedule β 18 subjects.
- In line with the 73rd Amendment, the MP Panchayat Raj Adhiniyam 1993 was made (Governor's assent 24 Jan 1994; notified on 25 Jan 1994).
- Correct wording: MP became the first state to hold panchayat elections (MayβJune 1994) and implement the 3-tier system under the new 73rd Amendment framework. (Note: the state that first implemented Panchayati Raj is Rajasthan (1959) β the two are different questions!)
- By the 2001 amendment the name became "MP Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993"; gram swaraj system from 26 January 2001.
- In MP, women get 50% reservation in panchayats (by the 2007 amendment).
- PESA in MP: MP PESA Rules implemented on 15 November 2022 (Janjatiya Gaurav Divas) at Shahdol β 89 tribal blocks in 20 districts. There are 10 states in the country with PESA (5th Schedule) areas.
- Recommendation of 3-tier = Balwant Rai Mehta (1957); the 1977 committee = Ashok Mehta (2-tier). The names are similar!
- Panchayat/municipal elections = State Election Commission (not the Election Commission of India).
- Community Development Programme = 2 Oct 1952 (not 1951/1953).
- Subjects of panchayats = 11th Schedule (29); municipalities = 12th Schedule (18).
π 16. Centre-State Relations (Part XI, XII) (10 min read)
A. Legislative Relations (Art 245β255)
| List | Who makes laws | Examples |
|---|---|---|
| Union List β originally 97 subjects | Only Parliament | Defence, foreign affairs, railways, banking, atomic energy, currency |
| State List β originally 66 subjects | State legislature (exclusive power) | Public order, police (entry 2), public health & sanitation (entry 6), agriculture, land, prisons, local government |
| Concurrent List β originally 47 subjects | Both (in case of conflict the Central law prevails β Art 254) | Criminal law, marriage-divorce, education, forests, wildlife, weights and measures, administration of justice (these 5 subjects were moved from the State to the Concurrent List by the 42nd Amendment 1976) |
- Art 248: Residuary powers β with Parliament/the Centre (Canada model). (In the USA, residuary powers are with the states.)
- Parliament can make laws even on the State List: Art 249 (2/3 resolution of the RS), Art 250 (national emergency), Art 252 (request of 2+ states), Art 253 (international treaty), Art 356 (President's rule).
B. Administrative & Financial Relations
- Art 256β257: states must comply with Central laws; the Centre can give directions. Art 365: if directions are not followed, Art 356 can be imposed.
- Art 263: Inter-State Council β can be set up by the President. Set up in 1990 on the recommendation of the Sarkaria Commission; chairman PM; all CMs are members.
- Art 275: grants-in-aid from the Centre to the states β on the recommendation of the Finance Commission. Art 282: discretionary grants.
- Art 280: Finance Commission β distribution of tax revenue between the Centre and the States.
C. Commissions & Councils
| Body | Facts |
|---|---|
| Sarkaria Commission | Set up in 1983, report 1988 β Centre-State relations |
| Punchhi Commission (Justice Madan Mohan Punchhi) | Set up on 27 April 2007, report March 2010 β Centre-State relations |
| Planning Commission | On 15 March 1950 by a resolution of the Union Cabinet β non-constitutional, non-statutory; chairman PM. Replaced by NITI Aayog from 1 Jan 2015. |
| National Development Council | Set up on 6 August 1952; chairman PM; CMs of all states, Union Cabinet ministers and members of the Planning Commission β it gave final approval to the Five Year Plans. |
| NITI Aayog | 1 Jan 2015; chairman PM; Governing Council has all CMs and the Lt. Governors of UTs. |
| Zonal Councils | By the States Reorganisation Act 1956 (statutory); 5 councils; chairman Union Home Minister. MP is in the Central Zonal Council. |
- Residuary = Centre; exclusive to states = State List; both = Concurrent List.
- Public health & sanitation, police = State List (not Concurrent).
- Recommendation for grants-in-aid = Finance Commission (not the Planning Commission / NDC).
- NDC = 1952 and chairman PM; Planning Commission = 1950. The Inter-State Council is set up by the President (Art 263).
π 17. Emergency Provisions (Part XVIII, Art 352β360) (7 min read)
| Point | National Emergency (Art 352) | President's Rule (Art 356) | Financial Emergency (Art 360) |
|---|---|---|---|
| Grounds | War, external aggression, armed rebellion (the 44th replaced "internal disturbance") | Failure of constitutional machinery in a state (Governor's report or otherwise); Art 365 | Threat to the financial stability or credit of India/any part |
| Parliament's approval | Within 1 month, special majority | Within 2 months, simple majority | Within 2 months, simple majority |
| Duration | 6 months at a time, unlimited | 6 months at a time, max 3 years (beyond 1 year only if there is a national emergency + ECI certificate) | Until it is revoked |
| When imposed | 1962 (China), 1971 (Pakistan), 1975 (internal disturbance) | First in Punjab 1951; the S.R. Bommai case (1994) put checks on it | Never |
- A proclamation under Art 352 only on the written advice of the Cabinet (44th). Art 358: in case of war/aggression, Art 19 is automatically suspended. Art 359: the President can suspend the right to move court for enforcing other FR β not Art 20, 21.
- Effects of Art 360: the salaries and allowances of any class of employees of the Centre and the states can be reduced β including SC/HC judges; money bills of the states can be reserved for the consideration of the President.
- Failure of constitutional machinery = 356; national = 352; financial = 360; Art 365 = not following the Centre's directions.
- Federal β unitary = Art 352 (Art 368 is amendment, Art 371 special provisions).
- President's rule without a break max 3 years. A financial emergency has never been imposed so far.
π 18. Constitutional Amendment (Art 368), Basic Structure & Major Amendments (10 min read)
A. 3 Methods of Amendment
| Type | How | Examples |
|---|---|---|
| 1. Simple majority (outside Art 368) | Like an ordinary law | New state/boundary/name (Art 2, 3), Vidhan Parishad (169), citizenship, 5th/6th Schedule |
| 2. Special majority (Art 368(2)) | Majority of the total membership of each House + 2/3 of those present and voting | Most provisions β FR, DPSP etc. |
| 3. Special majority + ratification by half of the states | The above + at least half of the state legislatures by simple majority | Federal structure: election of the President, 7th Schedule, representation of states in Parliament, SC/HC, Art 368 itself, GST Council |
- An amendment bill only in Parliament (in either House), can be introduced by a minister or a private member; prior permission of the President is not required; no joint sitting; the President must give assent (24th Amendment 1971).
B. Basic Structure β Case Timeline
| Case | Judgment |
|---|---|
| Shankari Prasad (1951) | Parliament can amend even FR |
| Golaknath (1967) | Parliament cannot abridge/take away FR |
| Kesavananda Bharati (1973) | 13-judge bench, 7:6 β Parliament can amend anything but not the "basic structure" |
| Indira Gandhi v Raj Narain (1975) | Free and fair elections are basic structure |
| Minerva Mills (1980) | Limited amending power of Parliament, judicial review, FR-DPSP balance β basic structure |
Basic features: supremacy of the Constitution, federalism, secularism, separation of powers, independence of the judiciary, judicial review, FR, democracy, free elections, rule of law, parliamentary system. The right of Parliament to amend any part of the Constitution without question is NOT a basic feature β on the contrary, limited amending power is a basic feature.
C. Major Amendments (Most Important)
| Amendment | Year | Main point |
|---|---|---|
| 1st | 1951 | 9th Schedule (Art 31B), Art 15(4), new restrictions on Art 19 |
| 7th | 1956 | States reorganisation β A/B/C/D categories ended, 14 states + 6 UTs |
| 21st | 1967 | Sindhi added to the 8th Schedule |
| 24th | 1971 | President's assent to amendment bills made compulsory; Parliament can amend even FR |
| 36th | 1975 | Sikkim a full state |
| 42nd | 1976 | "Mini Constitution" β Socialist, Secular, Integrity in the Preamble; Fundamental Duties (Part IVA); 5 subjects from State to Concurrent; Art 39A, 43A, 48A; Tribunals (Part XIVA); Art 74(1) advice made binding. (Swaran Singh Committee) |
| 44th | 1978 | Property removed from FR (Art 300A); "internal disturbance" β "armed rebellion"; Art 20-21 not suspended in emergency; President can return advice once |
| 52nd | 1985 | Anti-defection β 10th Schedule |
| 61st | 1988 (in force 28 March 1989) | Voting age 21 β 18 years (Art 326) |
| 69th | 1991 | NCT status for Delhi, legislative assembly (Art 239AA) |
| 71st | 1992 | Konkani, Manipuri, Nepali added to the 8th Schedule |
| 73rd / 74th | 1992 (in force 1993) | Panchayat (Part IX, 11th Sch) / Municipality (Part IXA, 12th Sch) |
| 86th | 2002 | Art 21A (education of 6β14 years as FR), Art 45 changed, 51A(k) 11th FD |
| 91st | 2003 (in force 1 Jan 2004) | Council of Ministers max 15%; exemption for "split" under anti-defection removed |
| 92nd | 2003 (in force 2004) | Bodo, Dogri, Maithili, Santhali β 22 languages in the 8th Schedule |
| 97th | 2011 (in force 12 Jan 2012) | Co-operative societies β Art 19(1)(c), Art 43B, Part IXB |
| 101st | 2016 | GST (Art 246A, 279A GST Council) β GST from 1 July 2017 |
| 102nd | 2018 | Constitutional status for NCBC (Art 338B) |
| 103rd | 2019 | 10% reservation for EWS (Art 15(6), 16(6)) |
| 104th | 2019 (in force Jan 2020) | SC/ST reservation (LS/VS) extended by 10 years; Anglo-Indian nomination ended |
| 105th | 2021 | Power of states to make their own OBC lists restored |
| 106th | 2023 | Nari Shakti Vandan β 1/3 reservation for women in the Lok Sabha, state assemblies and the Delhi assembly (Art 330A, 332A, 239AA); notification for bringing it into force issued on 16 April 2026 (reservation effective after the next delimitation) |
Total amendments: 106 (as of Sep 2026). In April 2026 the 131st Constitution Amendment Bill 2026, related to increasing LS seats/delimitation, was defeated in the Lok Sabha for not getting the required special majority (17 April 2026; 298 in favour, 230 against).
- Most provisions are amended by β Parliament through a special procedure (not only with the consent of the states; not the President/PM).
- 42nd = 1976 (not 1977). The 61st is an Act of 1988 (in force 1989) β writing "61st (1989)" is incomplete.
- "Unquestioned right of Parliament to amend any part" is not a basic feature.
π 19. Constitutional & Statutory Bodies (ECI, UPSC, CAG, Finance Commission, NHRC...) (10 min read)
A. Constitutional Bodies
| Body | Article | Key facts |
|---|---|---|
| Election Commission of India | 324 | Established 25 Jan 1950 (this day is National Voters' Day). Elections to Parliament, state legislatures, President, VP. Multi-member since 1993 (CEC + 2 ECs). CEC & ECs Act 2023: selection committee β PM, a Union Cabinet minister, LoP in the Lok Sabha; term 6 years or 65 years of age. The CEC can be removed only like an SC judge. Present CEC: Gyanesh Kumar (26th, since 19 Feb 2025) (as of Sep 2026). |
| UPSC (Union Public Service Commission) | 315β323 | Chairman and members appointed by the President (Art 316); the number of members and their conditions of service are decided by the President through regulations (Art 318); term 6 years or 65 years. Removal β by the President (Art 317). Present chairman: Dr. Ajay Kumar (since 15 May 2025) (as of Sep 2026). State PSC: appointed by the Governor (age limit 62), but can be removed only by the President. |
| CAG (Comptroller and Auditor General) | 148β151 | "Guardian of the public purse"; appointed by the President; 6 years or 65 years; removed like an SC judge. Report on the Union's accounts to the President β Parliament (the PAC examines it). Present: K. Sanjay Murthy (since Nov 2024) (as of Sep 2026). |
| Finance Commission | 280 | Constituted by the President every 5 years: chairman + 4 members. Qualifications are decided by Parliament β Finance Commission (Miscellaneous Provisions) Act 1951. First FC (1951): K.C. Neogy. 16th FC: chairman Arvind Panagariya (constituted on 31 Dec 2023); report (for 2026β31) submitted on 17 Nov 2025, tabled in Parliament on 1 Feb 2026; states' share kept at 41% (as of Sep 2026). |
| Attorney General / Advocate General | 76 / 165 | See Topic 10 |
| NCSC / NCST / NCBC | 338 / 338A / 338B | 338A β 89th Amendment (2003); 338B β 102nd (2018) |
| Commission to investigate backward classes | 340 | Appointed by the President β e.g. Kaka Kalelkar Commission (1953), Mandal Commission (1979) |
| State Election Commission / State FC | 243K / 243I | Panchayat-municipal elections / state finances |
| GST Council | 279A | 101st Amendment; chairman Union Finance Minister |
B. Statutory / Other Bodies
| Body | Facts |
|---|---|
| NHRC (National Human Rights Commission) | Protection of Human Rights Act 1993; established 12 Oct 1993; chairman β a former CJI or SC judge. Present chairman: Justice V. Ramasubramanian (as of Sep 2026). State Human Rights Commissions in the states (MP SHRC too). |
| CVC (Central Vigilance Commission) | 1964 (Santhanam Committee) β statutory by the CVC Act 2003 |
| CBI | Under the Delhi Special Police Establishment Act 1946; neither constitutional nor statutory (name from a 1963 resolution) |
| Lokpal | Lokpal and Lokayuktas Act 2013; first Lokpal Justice P.C. Ghose (2019) |
| National Commission for Women | Set up in 1992 under the NCW Act 1990 |
- The chairman of the Finance Commission is appointed by the President (not the PM/Parliament); qualifications = FC Act 1951.
- ECI = Art 324; UPSC = 315; CAG = 148; FC = 280; Backward classes commission = 340.
- Number of UPSC members = President (Art 318) β not the Home Ministry/Cabinet Secretary.
π 20. Official Language & 8th Schedule (Part XVII, Art 343β351) (5 min read)
| Article | Provision |
|---|---|
| 343 | Official language of the Union: Hindi, script Devanagari; numerals β international form of Indian numerals; English to continue for 15 years (continued beyond that by the Official Languages Act 1963) |
| 344 | Official Language Commission and parliamentary committee (first commission: B.G. Kher, 1955) |
| 345 | Official language(s) of a state β adopted by the state legislature by law |
| 346β347 | Language of communication between states and the Centre; special provision for the language spoken by a section of the population |
| 348 | Language of the SC, HCs and laws β English (until Parliament provides otherwise) |
| 350A / 350B | Primary education in the mother tongue / Special officer for linguistic minorities |
| 351 | Directive for the development of the Hindi language |
On 14 September 1949 the Constituent Assembly adopted Hindi as the official language β hence 14 Sep = Hindi Divas.
8th Schedule β 22 Languages
- Originally 14 languages (Sanskrit and Urdu were in the original list; English is not in the 8th Schedule).
- 21st (1967): Sindhi β 15 Β· 71st (1992): Konkani, Manipuri, Nepali β 18 Β· 92nd (2003): Bodo, Dogri, Maithili, Santhali β 22.
- Status of second official language for Sanskrit: Uttarakhand (2010) β the first state; then Himachal Pradesh (2019).
π 21. Important Articles β Quick Revision List (6 min read)
| Art | Subject | Art | Subject |
|---|---|---|---|
| 1 | Union of States | 3 | New states, changing boundaries/names (Parliament) |
| 5β11 | Citizenship | 12 | Definition of "State" |
| 13 | Laws inconsistent with FR are void | 14 | Equality before law |
| 17 | Abolition of untouchability | 19 | 6 freedoms |
| 21 / 21A | Life and personal liberty / Education (6β14) | 22 | Protection against arrest |
| 29β30 | Interests of minorities | 32 | Constitutional remedies (SC writs) |
| 33 | FR of armed forces restricted | 39A | Free legal aid |
| 40 | Gram Panchayat | 44 | Uniform Civil Code |
| 50 | Separation of judiciary from executive | 51A | Fundamental Duties |
| 52 / 53 | President / executive power of the Union | 54 / 61 | Election of President / impeachment |
| 63 / 64 | Vice-President / Chairman of the RS | 72 | Pardoning power of the President |
| 74 | CoM (headed by PM) to advise the President | 75 | Appointment of ministers, responsibility to the LS |
| 76 | Attorney General | 79 | Constitution of Parliament |
| 80 / 81 | Rajya Sabha / Lok Sabha | 85 | Sessions, prorogation, dissolution (6-month rule) |
| 93 | Speaker-Deputy Speaker | 108 | Joint sitting |
| 110 | Money Bill | 112 | Budget (Annual Financial Statement) |
| 123 | Ordinance by the President | 124 | Establishment of the Supreme Court |
| 131 | SC original jurisdiction | 143 | SC advisory jurisdiction |
| 148 | CAG | 153 / 155 | Governor / appointment |
| 161 | Pardoning power of the Governor | 164 | CM, ministers; responsible to the Vidhan Sabha |
| 165 | Advocate General | 168 / 169 | State legislature / creation-abolition of the Vidhan Parishad |
| 200 | Governor β assent to bills / reserve for the President | 213 | Ordinance by the Governor |
| 214 / 226 | High Court / HC writs | 231 | Common HC |
| 243K | State Election Commission | 248 | Residuary powers (Parliament) |
| 262 | Inter-state river water disputes | 263 | Inter-State Council |
| 275 | Grants-in-aid | 280 | Finance Commission |
| 300A | Right to property (legal) | 312 | All-India Services |
| 315 / 318 | UPSC / number of members (President) | 324 | Election Commission |
| 326 | Adult suffrage (18 years) | 338 / 338A / 338B | NCSC / NCST / NCBC |
| 340 | Backward Classes Commission | 343 / 345 | Official language of the Union / official language of a state |
| 352 | National Emergency | 356 | President's Rule |
| 360 | Financial Emergency | 368 | Amendment of the Constitution |
π 22. Basic Civics Concepts (6 min read)
- 4 elements of the State: population, definite territory, government, sovereignty. Sovereignty is what distinguishes the state from other organisations.
- Democracy: Abraham Lincoln β "government of the people, by the people, for the people". Direct (partly in Switzerland) and representative (India) democracy.
- Unitary vs Federal: basis = division of powers. Parliamentary vs Presidential: basis = relationship between the executive and the legislature. In a parliamentary system the executive is responsible to the legislature (UK, India); in a presidential system they are separate with a fixed term (USA).
- Rule of Law: A.V. Dicey β law is supreme, no one is above the law. Separation of Powers: Montesquieu.
- Secularism: the state has no religion, equal respect for all religions.
- Universal adult franchise: Art 326 β 18 years (61st Amendment). NOTA β in EVMs since 2013 by SC order (PUCL case).
- Aadhaar: a 12-digit unique identity number programme that gives identity to Indian residents; UIDAI (statutory by the Aadhaar Act 2016). Aadhaar is not proof of citizenship; it is proof of residence/identity.
- Rights and duties are two sides of the same coin β FD along with FR.