🏛️ I. Making of the Indian Constitution

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1️⃣ Colonial Legacy

• India’s Constitution did not emerge in a vacuum — it evolved through colonial constitutional developments.

• Major British Acts influenced the structure and ideas of the Indian Constitution:

➡️ The 1935 Act served as the “blueprint” — about 70% of the Indian Constitution was borrowed from it.

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2️⃣ Contribution of the Indian National Movement

• The freedom struggle shaped India’s constitutional vision:

  • Commitment to democracy, civil liberties, equality, and self-rule.

  • Documents like:

    • Nehru Report (1928): First attempt to draft a constitution by Indians.

    • Karachi Resolution (1931): Fundamental Rights and Economic Justice.

  • The National Movement envisioned a sovereign, democratic, and inclusive India.

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🧩 II. Constituent Assembly of India

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1️⃣ Composition

• Formed in December 1946 under Cabinet Mission Plan.

• Total Members: 389 (292 from provinces, 93 from princely states, 4 from chief commissioner provinces).

• Chairman: Dr. Rajendra Prasad

• Drafting Committee Chairman: Dr. B.R. Ambedkar

• Key Members: Nehru, Patel, Azad, Krishnaswami Ayyar, K.M. Munshi, Gopalaswami Ayyangar, Hansa Mehta.

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2️⃣ Ideological Moorings

• Inspired by liberal democracy, social justice, and national integration.

• Influences: Western liberalism + Indian nationalism + Gandhian ideals.

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3️⃣ Constitutional Debates

• Fundamental Rights: Dispute over preventive detention and limitations.

• Federalism: Debate over strong Centre vs. State autonomy.

• Language Issue: Hindi adopted as official language (compromise formula).

• Secularism: Equal respect for all religions.

➡️ Adopted: 26 November 1949
➡️ Enforced: 26 January 1950

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📜 III. Philosophy of the Constitution

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1️⃣ Preamble

• The “soul of the Constitution” (Nehru’s Objectives Resolution, 1946).

• Declares India as: Sovereign, Socialist, Secular, Democratic, Republic.

• Justice, Liberty, Equality, and Fraternity are core values.

• 42nd Amendment (1976) added Socialist and Secular.

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2️⃣ Fundamental Rights (Part III)

• Inspired by U.S. Bill of Rights.

• Articles 12–35 guarantee civil and political freedoms.

➡️ Dr. Ambedkar called Article 32 the “heart and soul” of the Constitution.

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3️⃣ Directive Principles of State Policy (Part IV, Arts. 36–51)

• Inspired by Irish Constitution.

• Non-justiciable guidelines to promote socio-economic justice.

• Examples:

  • Equal pay for equal work (Art. 39).

  • Promotion of education (Art. 45).

  • Protection of environment (Art. 48A).

  • Panchayati Raj (Art. 40).

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4️⃣ Relationship Between FRs and DPSPs

• FRs ensure political democracy,

• DPSPs aim for social and economic democracy.

• Landmark case: Minerva Mills v. Union of India (1980) – both are complementary.

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⚖️ IV. Constitutionalism in India

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1️⃣ Democracy and Social Change

• India’s constitutional democracy promotes:

  • Political participation (universal adult franchise).

  • Social justice (affirmative action for SCs, STs, OBCs).

  • Secularism and equality.

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2️⃣ National Unity

• Federal but unitary in emergencies.

• Common citizenship and single Constitution promote integration.

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3️⃣ Checks and Balances

• Separation of powers between Executive, Legislature, Judiciary.

• Instruments: Judicial review, Parliamentary control, Presidential assent.

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4️⃣ Basic Structure Doctrine

• Evolved in Kesavananda Bharati Case (1973).

• Parliament can amend Constitution but cannot alter its basic structure.

• Basic features include:

  • Supremacy of the Constitution

  • Rule of Law

  • Judicial Review

  • Separation of Powers

  • Federalism

  • Secularism

  • Parliamentary democracy

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5️⃣ Constitutional Amendments

• Article 368 empowers Parliament to amend.

• Types:

  • Simple majority (Art. 5, 239A)

  • Special majority (most provisions)

  • Special + State ratification (federal provisions)

• Major Amendments:

  • 42nd (1976): “Mini Constitution” – added Socialist, Secular, Fundamental Duties.

  • 44th (1978): Restored democratic balance post-Emergency.

  • 73rd & 74th (1992): Panchayati Raj & Urban Local Bodies.

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🏢 V. Union Executive

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1️⃣ The President (Articles 52–78)

• Nominal head of state; Executive power vested in him.

• Elected indirectly by Electoral College (MPs + MLAs).

• Tenure: 5 years; eligible for re-election.

• Powers:

  • Legislative: Summons Parliament, gives assent to bills.

  • Executive: Appoints PM, Governors, judges, etc.

  • Diplomatic: Represents India abroad.

  • Judicial: Pardoning powers (Art. 72).

  • Emergency Powers (Art. 352–360).

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2️⃣ Prime Minister & Council of Ministers

• Real executive authority.

• PM = Head of government, leader of majority in Lok Sabha.

• Collective responsibility (Art. 75).

• Cabinet = Core decision-making body.

• PM advises President on all key appointments and dissolutions.

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🏛️ VI. Union Parliament

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1️⃣ Structure

• Bicameral: Lok Sabha (House of People) + Rajya Sabha (Council of States).

• Lok Sabha: Directly elected (5-year term).

• Rajya Sabha: Permanent (1/3rd retire every 2 years).

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2️⃣ Role & Functions

• Legislative: Makes laws on Union & Concurrent Lists.

• Financial: Budget and Money Bills.

• Executive control: No-confidence motion, question hour.

• Constitutional: Amendments, impeachment.

• Electoral: Elects President & Vice-President.

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3️⃣ Parliamentary Committees

• Ensure accountability and efficiency.

• Types:

  • Standing Committees: Public Accounts Committee (PAC), Estimates, Committee on Public Undertakings.

  • Ad hoc Committees: Formed for specific purposes.

• PAC (headed by Opposition) scrutinizes government expenditure.

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⚖️ VII. Judiciary in India

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1️⃣ Supreme Court

• Articles 124–147; Chief Justice + other judges (appointed by President).

• Jurisdiction:

  • Original: Centre–State disputes.

  • Appellate: Appeals from High Courts.

  • Advisory: Presidential references (Art. 143).

• Judicial Review: Authority to declare laws unconstitutional.

• Judicial Activism: Expanded through PIL (Public Interest Litigation).

• Judicial Reforms: Collegium system, Lok Adalats, e-courts.

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2️⃣ High Courts & Subordinate Judiciary

• Each state has a High Court (Articles 214–231).

• Control over district and subordinate courts.

• Ensures uniform justice and federal coherence.

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🏙️ VIII. Executive and Legislature in the States

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🇮🇳 IX. Federalism in India

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1️⃣ Nature of Indian Federalism

• Quasi-federal – combination of federal and unitary features.

  • Federal: Division of powers, dual polity, independent judiciary.

  • Unitary: Strong Centre, emergency powers, single Constitution.

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2️⃣ Asymmetrical Federalism

• Special provisions for certain states (Articles 370, 371–371J).

• Designed to accommodate diversity.

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3️⃣ Intergovernmental Coordination

• Inter-State Council (Art. 263): Coordination between Centre and States.

• Finance Commission (Art. 280): Distribution of revenues.

• NITI Aayog: Cooperative federalism and policy planning.

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4️⃣ Emerging Trends

• Rise of coalition politics → bargaining federalism.

• GST Council (2017) → cooperative fiscal federalism.

• Demand for greater state autonomy.

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🗳️ X. Electoral Process and Election Commission of India

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1️⃣ Election Commission (Art. 324)

• Independent constitutional body.

• Composition: Chief Election Commissioner (CEC) + 2 Commissioners.

• Functions:

  • Conducts free and fair elections for President, Parliament, State Assemblies.

  • Issues Model Code of Conduct.

  • Oversees political party recognition and symbols.

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2️⃣ Electoral Reforms

• T.N. Seshan’s reforms: Strengthened EC independence.

• 91st Amendment (2003): Limited size of ministries.

• Anti-Defection Law (1985, 10th Schedule).

• NOTA (2013).

• Ongoing demands: state funding of elections, simultaneous polls, curbing criminalization.

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🏡 XI. Local Government Institutions

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1️⃣ Panchayati Raj (73rd Amendment, 1992)

• Three-tier structure:

  • Gram Panchayat → Block Samiti → Zila Parishad.

• Constitutional Status: Part IX (Art. 243–243O).

• Reserved seats for women (33%) and SC/STs.

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2️⃣ Urban Local Bodies (74th Amendment, 1992)

• Municipalities, Corporations, Nagar Panchayats.

• 12th Schedule: Lists 18 functions (urban planning, sanitation, water supply, etc.).

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🧾 XII. Constitutional and Statutory Bodies

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🧩 Summary Table