TNPSC Polity

Cheatsheet Content

### Constitution of India - **Key Features:** - Longest written constitution - Blend of rigidity and flexibility - Federal system with unitary bias - Parliamentary form of government - Independent judiciary - Fundamental Rights, Duties, and Directive Principles - Secular State - Universal Adult Franchise - **Borrowed Features:** - **UK:** Parliamentary government, Rule of Law, legislative procedure, single citizenship, cabinet system, prerogative writs. - **USA:** Fundamental Rights, independence of judiciary, judicial review, impeachment of President, removal of SC/HC judges, Post of Vice-President. - **Ireland:** Directive Principles of State Policy, method of election of the President, nomination of members to Rajya Sabha. - **Canada:** Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, advisory jurisdiction of the Supreme Court. - **Australia:** Concurrent List, freedom of trade, commerce and intercourse, joint sitting of the two Houses of Parliament. - **Germany:** Suspension of Fundamental Rights during Emergency. - **USSR (now Russia):** Fundamental Duties, ideal of justice (social, economic and political) in the Preamble. - **France:** Republic and the ideals of liberty, equality and fraternity in the Preamble. - **South Africa:** Procedure for amendment of the Constitution, election of members of Rajya Sabha. - **Japan:** Procedure established by law. - **Preamble:** "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..." - **Keywords:** Sovereign, Socialist, Secular, Democratic, Republic, Justice, Liberty, Equality, Fraternity. - Amended once by 42nd Amendment Act, 1976 (added Socialist, Secular, and Integrity). ### Fundamental Rights, Duties & DPSP - **Fundamental Rights (Part III, Art 12-35):** - **Right to Equality (Art 14-18):** Equality before law, no discrimination, equality of opportunity, abolition of untouchability, abolition of titles. - **Right to Freedom (Art 19-22):** Speech & expression, assembly, association, movement, residence, profession; protection in respect of conviction for offences; protection of life and personal liberty; protection against arrest and detention in certain cases. - **Right against Exploitation (Art 23-24):** Prohibition of human trafficking and forced labour; prohibition of employment of children in factories. - **Right to Freedom of Religion (Art 25-28):** Conscience, practice, profess, propagation of religion; manage religious affairs; freedom from taxation for promotion of any religion; freedom from attendance at religious instruction. - **Cultural & Educational Rights (Art 29-30):** Protection of interests of minorities; right of minorities to establish and administer educational institutions. - **Right to Constitutional Remedies (Art 32):** Heart and soul of the Constitution (Dr. B.R. Ambedkar). Allows citizens to move SC for enforcement of FRs. Includes writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto. - **Directive Principles of State Policy (Part IV, Art 36-51):** - Non-justiciable, but fundamental in governance. - Aim to establish a welfare state. - **Categorized as:** Socialist, Gandhian, Liberal-Intellectual. - Examples: Equal pay for equal work, right to work, education, public assistance, uniform civil code, protection of environment, promotion of international peace and security. - **Fundamental Duties (Part IVA, Art 51A):** - Added by 42nd Amendment Act, 1976, on recommendation of Swaran Singh Committee. - Originally 10 duties, 11th added by 86th Amendment Act, 2002. - Non-justiciable. - Examples: Abide by the Constitution, cherish noble ideals, uphold sovereignty of India, defend country, promote harmony, protect environment, develop scientific temper, safeguard public property. ### Union & State Government - **Union Executive:** - **President (Art 52-62):** Head of State, elected indirectly by electoral college (MPs, MLAs), term 5 years, can be impeached. - **Vice-President (Art 63-71):** Ex-officio Chairman of Rajya Sabha, acts as President in vacancy. - **Prime Minister (Art 74, 75, 78):** Head of Government, appointed by President, leader of Lok Sabha majority. - **Council of Ministers:** Aid and advise President, collectively responsible to Lok Sabha. - **Union Legislature (Parliament):** - **Lok Sabha (House of People):** Max 550 members (530 states, 20 UTs), directly elected, term 5 years. - **Rajya Sabha (Council of States):** Max 250 members (238 indirectly elected by MLAs, 12 nominated by President), permanent body, 1/3 retire every 2 years. - **State Executive:** - **Governor (Art 153-162):** Head of State, appointed by President, term 5 years. - **Chief Minister (Art 163-164):** Head of Government, appointed by Governor, leader of Assembly majority. - **Council of Ministers:** Aid and advise Governor, collectively responsible to Legislative Assembly. - **State Legislature:** - **Legislative Assembly (Vidhan Sabha):** Directly elected, term 5 years. - **Legislative Council (Vidhan Parishad):** (Optional, in 6 states), indirectly elected, permanent body. ### Judiciary & Local Government - **Supreme Court (Art 124-147):** - Highest court of appeal, guardian of the Constitution. - Original, Appellate, Advisory, Writ jurisdiction. - Judges appointed by President, removed by Parliament. - **High Court (Art 214-231):** - Highest court in a state. - Original, Appellate, Writ, Supervisory jurisdiction. - Judges appointed by President (consulting CJI, Governor). - **Subordinate Courts:** District Courts, Sessions Courts, etc. - **Panchayati Raj (Part IX, Art 243-243O):** - Rural local self-government. - **73rd Amendment Act, 1992:** Constitutional status. - Three-tier system: Gram Panchayat (village), Panchayat Samiti (block), Zila Parishad (district). - Mandatory elections every 5 years, reservation for SC/ST and women. - **Municipalities (Part IXA, Art 243P-243ZG):** - Urban local self-government. - **74th Amendment Act, 1992:** Constitutional status. - Three types: Nagar Panchayat (transitional area), Municipal Council (smaller urban area), Municipal Corporation (larger urban area). - Mandatory elections every 5 years, reservation for SC/ST and women. ### Constitutional Amendments & Commissions - **Amendment Procedure (Art 368, Part XX):** - **Simple Majority:** Ordinary laws, not under Art 368. - **Special Majority:** 2/3rd members present & voting + absolute majority of total membership. (e.g., FRs, DPSP). - **Special Majority + Ratification by Half of States:** Federal provisions (e.g., election of President, distribution of powers). - **Important Amendments:** - **7th (1956):** Abolished Class A, B, C, D states. - **42nd (1976):** "Mini Constitution", added Socialist, Secular, Integrity to Preamble, Fundamental Duties, DPSP precedence over FRs. - **44th (1978):** Restored some changes of 42nd, Right to Property became legal right. - **61st (1989):** Voting age reduced from 21 to 18. - **73rd & 74th (1992):** Panchayati Raj & Municipalities. - **86th (2002):** Right to Education (Art 21A), 11th Fundamental Duty. - **101st (2016):** Goods and Services Tax (GST). - **103rd (2019):** 10% reservation for EWS. - **Constitutional Bodies:** - Election Commission (Art 324) - UPSC/SPSC (Art 315-323) - Finance Commission (Art 280) - National Commission for SCs (Art 338) & STs (Art 338A) - Comptroller and Auditor General of India (CAG) (Art 148-151) - Attorney General for India (Art 76) - **Non-Constitutional Bodies:** - NITI Aayog (replaces Planning Commission) - National Human Rights Commission (NHRC) - State Human Rights Commission (SHRC) - Central Information Commission (CIC) - State Information Commission (SIC) - Central Vigilance Commission (CVC)