Understanding Indian Polity

INDIAN POLITY
www.nipunalambayan.com
Nipun Alambayan

The method of
operating system of
India known as Indian
polity
and it is operated
through government.
INDIAN POLITY

legislature Executive Judiciary
Government
There are three parts of government- legislature,
executive, judiciary
Legislature – the main role of legislature is to
formation of law.
Executive- the main role of executive is
implementation of law which has been made by
legislature.
Judiciary – the major work of judiciary is to check law
which has made by legislature and work of executive.

Parliament - P , L.S, R.S
Legislative– G , V.S , V.P ( UK2 MBA T )
legislature
Local government
House of the People
Council of States
Legislative Assembly
Legislative Council

CENTRE
P, VP,PM,COUNCIL
OF MINISTER,
Attorney general &
Administrative body
STATE
Governor, chief minister, minister
of council, Advocate general &
Administrative body
Local
government
Executive
Sarpanch & member, mayor /
chairmen & member www.nipunalambayan.com

Judiciary
HC
SC
LC

Constitution is a charter Which
provide Powers to all parts of state
( legislature, Executive, Judiciary)
Constitution
Constitution is a charter which determines powers in
between parts of government and also states that
which type of relation will be established between
states and civilians. (System of the country or polity
which operates through which rule and law. The
collection of these rule and law called constitution).

Article - 395
Part 22
Schedules. 12
Part
CHAPTER
Article
Close
Preamble
Schedules
Constitution

Schedules
1 (Articles 1 and 4) — States and Union Territories
2 (Articles 59, 65, 75, 97, 125, 148, 158, 164, 186 and 221) — Emoluments/Salary
3 (Articles 75, 99, 124, 148, 164, 188 and 219) — Forms of Oaths
4 (Articles 4 and 80) – This details the allocation of seats in the Rajya Sabha
5 (Article 244) – This provides for administration -Scheduled Areas Tribes
6 (Articles 244 and 275)—ATMM Assam, Meghalaya, Tripura, and Mizoram.
7 (Article 246) — the union97 , state66, and concurrent47 lists of responsibilities.
8 (Articles 344 and 351) — the official languages.
9 (Article 31-B) - Articles mentioned here are immune from judicial review. 1st1951
10 (Articles 102 and 191) — "Anti-defection“ 52th1985
11 (Article 243-G) — Panchayat Raj 73th 1992
12 (Article 243-W) — Municipalities 74th1992

•Preamble
•Part I – Union and its Territory
•Part II – Citizenship.
•Part III – Fundamental Rights
•Part IV] – Directive Principles of State
Policy
•Part IVA – Fundamental Duties
•Part V – The Union
•Part VI – The States
•Part VII – States in the B part of
the First schedule (repealed)
•Part VIII – The Union Territories
•Part IX – The Panchayats
•Part IXA– The Municipalities
•Part IXB – The Co-operative
Societies.
•Part X – The scheduled and Tribal Areas
•Part XI – Relations between the
Union and the States
•Part XlI– Finance, Property,
Contracts and Suits
•Part XIII – Trade and Commerce
within the territory of India
•Part XIV – Services Under the
Union, the States
•Part XIVA – Tribunals
•Part XV – Elections
•Part XVI – Special Provisions
Relating to certain Classes
•Part XVII – Languages
•Part XVIII – Emergency Provisions
•Part XIX – Miscellaneous
•Part XX – Amendment of the Constitution
•Part XXI – Temporary, Transitional
and Special Provisions
•Part XXII – Short title, date of
commencement, Authoritative text
in Hindi and Repeals
Part

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.
Preamble

Preamble
Preamble is philosophy of Indian constitution.
After the study of preamble four elements are
arises which are as follow –
Source of Authority
Type of government
Aim of the political system
Date (date of enactment)

Source of Authority - people
It was cleared from the first and last line of preamble that,
WE, THE PEOPLE OF INDIA, this constitution do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES.

'kklu dk izdkj
(Type of Government)
lizliyx
l & laiw.kZ
iz & izHkqRo&laiUu
l & lektoknh
i & iaFkfujis{k
y & yksdra=k
x & x.kjkT;
S dr
S
S
S
D
r
sovereign
socialism
secularism
democratic
republic
3

objectives of the Political
System – welfare
ULl,c
U & U;k;
L & Lora=krk
l & lerk
, & ,drk o v[k.Mrk
c & ca/qRo
J FE UF
J
F
E
U
F
JUSTICS
FREEDOM
EQUALITY
UNITY
fraternity

frfFk
(Date of Enactment)
• 26 november ]1949
• (fefr ekxZ'kh"kZ 'kqDy lIreh lEor~ nks gtkj
N% foØeh)

Type of government
Lack OF CONTROL INTERNAL & EXTERNAL
Sovereignty-
freedom of taking decision in both internal &
external issues and lack of internal & external
control.

socialism
WORLD - IDEOLOGY
liberalism उदारवाद socialism lektokn
capitalism पूंजीवाद Marxism मार्क्सवाद
freedom equality

Laissez-faire policy
Police state
SEQURITY
INTERNAL & EXTERNAL
Capitalism- it advocates Laissez-faire policy capitalism
accepts police state and reduces the work of government. In
this the work of government only provide security in both
internal & external issues and leave its people free for do all
the rest of work.

Philosophy based on Equality
Completely nationalization / finished of private property
There is Big role of state – family issue alsowww.nipunalambayan.com

Socialism- mainly two ideologies are
founded in world. First is capitalism and
second one is socialism
(communist/Marxism/Maoism). The
philosophy of socialism is based on
equality while capitalism is based on
freedom.
Note-communism also advocates equality
but it allow blood revolution to establish
equality not peacefully. Maoism, Leninism
is also form of this. www.nipunalambayan.com

Indian socialism
Democratic Socialism
Mixed Economy
ACCEPT THE CAPITALISM &
nationalization, According to
REQUIREMENT
Tilted to Gandhi's Socialism
Indian socialism accepts democratic socialism
which advocates also capitalism and
nationalization according to needed thus Indian
socialism is tilted towards Gandhi socialism.

secularism
iaFk/laiznk; Creed/ Secular
Group of the follower of a particular religion.
Means a group of people which follow a special religion
Indian secularism does not accept western
secularism. It gives equal value to religion.
Part3 Art 25-28
loZ/eZ leHkk

Government. OF PEOPLE
sovereign power focused in Indian people
Gov Established by elected candidates and
operates rules in peoples' favour
Public govern the government through their representative. There are
two form of democracy in use. www.nipunalambayan.com

Types of democracy
Direct
CANDIDATE ELECTED by PEOPLE
CONDIDATE CONTROLLED by PEOPLE
Initiative, Plebiscite Referendum, Recall
INDIRECT
CANDIDATE ELECTED by PEOPLE
CONDIDATE CONTROLLED by CONDIDATE
no confidence motion

Direct democracy – in this type of democracy public elects his
representative and keeps control over them.
People control his representative by four tools which are as
follow –
Initiative – public could say to government for make any law.
Plebiscite (international)- government take decision after the
public opinion over International issues.
Referendum (National)- Government takes public opinion in
national issues.
Recall- public can recall his representative before completing
certain time duration this means has been used in some
states of India in panchayati system e.g-u.p,raj etc.
Note- very good example of direct democracy is Switzerland
in world.
Indirect democracy – in this democracy public elects his
representative and control over them through representative.

Republic Two types of Democratic System
Monarchy Republic
First person of State
/ President/king
based on heredity
First person of State /president is
Elected not based on heredity
This Election have two Types
Direct or Indirect
Republic- there are two type of political found in democracy- Monarchy & Republic
Monarchy – in this, the head of state, king or president is not elected it is based on
hereditary e.g; Britain.
Republic- the system where head of state, king or president is not genetically it is
based on election and this election could be either direct or indirect.
In India president elected through indirect election and in USA through direct
election.
It has mentioned in Indian constitutional head of state or any post would not be
based on genetically tradition.

ULl,c
U & U;k;
L & Lora=krk
l & lerk
, & ,drk o v[k.Mrk
c & ca/qRo
J FE UF
J
F
E
U
F
JUSTICS
FREEDOM
EQUALITY
UNITY
fraternity
Objectives of the Political System
Welfare

objectives of the Political System
WELFARE
The aim of Indian political is public welfare. The
concept of welfare is affected by the thought of
Gandhi(SARVODAYA). It has forced over four elements
for public welfare in Indian constitution.
J F E UF
SARVODAYA
Development to all
Multi-dimensional – physically, economically, politically, socially, culture
Indian – SARVODAYA
Western – development of Maximum

Social - be no discrimination on the
basis of Religion, race, caste, sex,
place of birth (R S BC) Art-15 - 18
Economical – distribution justice
Art-39
Political – all rights are available to
all. Art.19,326
Justice
Justice- there are three type of justice like social,
economical and political have been provided in
Indian constitution and security of these justice have
been assured through part – 3 ( fundamental right)
and part-4 (DPSP) of Indian constitution.
2

The security of social justice assured through Article
15 -18 in which it has stated that there will not be
any discrimination on the basis of r2 s bc religion,
race, caste, sex, place of birth.
Security for economical justice has been provide by
article-39 in which it has stated that distributional
justice will be available for all people or every
resources will available for everyone(article 39).
Political justice has been provided through the
provisions of article 19 and article 326 in which right
to speak, right to taking part in election, right to vote
etc. have been provided for everyone.www.nipunalambayan.com

freedom
Right to speech Art -19
Believe, Religion, Worship Art -25-28
Ethics
idea

FREEDOM-: with the freedom of speech, freedom of
believe in particular religion and the freedom of worship
have also given in Indian constitution. In the freedom of
speech it has stated that anyone could delivered his thought
but with the assumed limitations. Mixed provision of these
limitations have given in article 19(1)(a) it has stated that
everyone have freedom of speech but article 19(2) could
restricted it on the basis of misbehavior, morality and public
order etc.
Believe, religion, and worship-: the freedom of believe,
religion and worship have given in Indian constitution in
which it has stated that anyone could believe on particular
religion on the basis of soul and also could do religious
activity corresponding to this which mentioned in
Article 25-28

Equality
ukxfjd lerk
Citizens Equality jktuhfrd lerk
Political Equality vkfFkZd lerk
Economic Equality
Art- 14&18 Art19,325,326 Art& 39
Equality-: three type of equality has mentioned in Indian
constitution provision of civilian equality. It is mentioned in
article 14 to 18, political equality has mentioned in article
325- 326 and economical equality is mentioned in article 39.

Fraternity
Equality
Self Respect
Feelings of Brotherhood
Unity - Heartily
Integrity- Physically
v;a fut% ijks osfr x.kuk y?kqpsrlke~ , mnkjpfjrkuka rq olq|So
oqQVqEcde~A
Fraternity-: due to establishment of equality the emotions of self
respect will create in everyone and this emotion will bound everyone
in thread of unity and when. We will bind in tread of unity then
integrity would be established for ever. www.nipunalambayan.com

Disputes related to preamble
There are two main disputes
Preamble is the part of constitution or not
Preamble is Amendment able or not

Preamble is the part of constitution or not
Beru - bari case 1960 - S.C in Beru - bari case, 1960 held
that the preamble is not a part of constitution of India.
Supreme court said that it is key to know the thought of
constitution maker preamble indicates
General provisions which mentioned in constitution
Kesavananda Bharati v. State of Kerala 1973- in this case s.c says
preamble is the part of constitution. when we have confusion then the
preamble show the way.
SC has changed his previous decision and said that when we lose way
then preamble given way similar to Beam of light or we not able to
understand what exactly mentioned in constitution that time we make
base to philosophy of constitution

Preamble is Amendment able or not
This dispute first time came in keswanand bharti case -1973
Petitioner Preamble can't be Amendment under Art 368 because
preamble have basic structure
S.C- Preamble is part of constitution so it can be change but there is
condition that basic structure is not INFRACT
This matter firstly came in keswanand bharti v/s union of
india. In which the logic of petitioner that preamble could
not be amended under the article 368 because basic
element of constitution present in preamble. If it being
disturbed then the spirit of constitution it could be affected.
Supreme Court told that preamble is part of constitution it
could be amended in limitations of basic structure.

Basic structure
The provision which prevalent in basic structure is
excessive compulsory for any nation by the change in
these elements basics of constitution could be
ended.
SC has told that basic structure could not be defined
but SC it also told that basic structure is situational
and Dynamic which would being changed according
to time and situation and according to time it would
be defined by SC that which element would included
in basic structure.

Main Points of basic structure
Supremacy of Constitution
Parliamentary System
Unity and Integrity of State
Theory of equality
Freedom and Self respect of Person
Federal form of Constitution
Secularism
Structure of Democratic Republic
Concept of social and economic justice
Coordination between FR and DPSP
Distribution of powers in legislature, executive and judiciary

Understanding Indian Polity

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