Practice Questions Indian Polity

Originally 395 Articles, 8 Schedules; now ~448 Articles, 12 Schedules, 106 amendments. Length due to detailed provisions, borrowed features, and accommodation of diversity.

Article 368 provides three amendment procedures: simple majority, special majority, special majority + state ratification. Balances rigidity for federal features and flexibility for others.

K.C. Wheare described as quasi-federal. Federal features: dual polity, division of powers, written Constitution, independent judiciary. Unitary bias: strong Centre, emergency provisions, single citizenship, integrated judiciary.

Adopted Westminster model: President nominal head, real power with Council of Ministers headed by PM, responsible to Lok Sabha. Articles 74,75.

Single citizenship for whole country, unlike USA. Promotes unity and integrity, though domicile-based reservations allowed.

Part III guarantees six categories: Right to Equality (14-18), Freedom (19-22), Against Exploitation (23-24), Religion (25-28), Cultural-Educational (29-30), Constitutional Remedies (32).

Part IV non-justiciable guidelines for state to establish social and economic democracy. Inspired by Irish Constitution.

42nd Amendment added Part IVA Article 51A with 10 duties; 86th Amendment 2002 added 11th duty on education.

Preamble as amended by 42nd Amendment 1976 inserted ‘Socialist’, ‘Secular’, ‘Integrity’. Describes nature of state.

Indian secularism is positive: state neither promotes nor discriminates, allows religious freedom under Articles 25-28, unlike western wall of separation.

Articles 124-147, 214-231 ensure independence via security of tenure, fixed service conditions, separation from executive (Art 50).

Supreme Court and High Courts can strike down laws violating Constitution. Basic structure doctrine (Kesavananda 1973) makes judicial review part of basic structure.

Article 326: elections to Lok Sabha and Assemblies on basis of adult suffrage (18 years after 61st Amendment 1988).

Single integrated system with Supreme Court at apex, High Courts, subordinate courts. Unlike USA dual system.

Part XVIII allows Centre to assume powers during emergencies, converting federal to unitary.

Added Part IX and IXA, Schedules 11 and 12, establishing third tier of government.

Article 13: laws inconsistent with Constitution void. Supremacy ensured by judicial review.

Some provisions amendable by simple majority, others by special majority, federal provisions need state ratification.

Unlike UK, Parliament’s power limited by written Constitution, fundamental rights, and judicial review.

Enforceable by courts under Article 32 (SC) and 226 (HC).

Article 37: not enforceable by courts, but fundamental in governance.

SC held balance between Part III and IV is basic structure.

1976 Emergency era amendment.

Kesavananda held Preamble is part, can be amended without destroying basic structure.

GOI Act 1935 provided 60% structure; fundamental rights from USA, DPSP from Ireland, parliamentary system from UK, federalism from Canada.

Independent constitutional body conducts elections for Parliament, state legislatures, President, VP.

73rd/74th Amendments created local self-government.

Courts use duties to interpret laws, though not directly enforceable.

Articles 38-51 direct state to secure social order, minimize inequalities.

Incorporated via Article 14 equality before law, independent judiciary.

India follows checks and balances, not strict separation; executive part of legislature.

Normal times federal, emergencies unitary.

Ensures impartial governance.

Expanded electorate, strengthened democracy.

Articles 14,21, etc., to all persons; 15,19 etc., to citizens only.

Enables social justice.

Evolved via amendments to meet changing needs.

Limits Parliament’s amending power under Article 368.

Liberal interpretation expanded access to justice.

Court held secularism integral to Constitution.

Both cases recognized federalism as basic.

Intended as safety valve, with safeguards after 44th Amendment.

Avoids dual loyalties.

Collective responsibility under Article 75.

Detailed provisions reduce disputes.

Ambedkar noted length due to borrowing and complexity.

Golaknath said no, Kesavananda allowed amendment subject to basic structure.

Complement political democracy with social justice.

31C gives primacy to certain DPSP over Articles 14,19.

Article 324 ensures autonomy.