Indian Polity
INDIA, a Union of States, is a Sovereign Socialist Secular Democratic Republic with
a parliamentary system of government. The Republic is governed in terms of the
Constitution, which was adopted by Constituent Assembly on 26 November 1949
and came into force on 26 January 1950.
The Constitution which envisages parliamentary form of government is federal
in structure with unitary features. The President of India is constitutional head of
executive of the Union. Article 74(1) of the Constitution provides that there shall be a
Council of Ministers with the Prime Minister as head to aid and advise President
who shall in exercise of his functions, act in accordance with such advice. Real
executive power thus vests in Council of Ministers with Prime Minister as head.
Council of Ministers is collectively responsible to the House of the People (Lok Sabha).
Similarly, in states, Governor is head of executive, but it is the Council of Ministers
with Chief Minister as head in whom real executive power vests. Council of Ministers
of a state is collectively responsible to the Legislative Assembly.
The Constitution distributes legislative power between Parliament and state
legislatures and provides for vesting of residual powers in Parliament. Power to
amend the Constitution also vests in Parliament. The Constitution has provision
for independence of judiciary, Comptroller and Auditor-General, Public Service
Commissions and Chief Election Commissioner THE UNION AND ITS TERRITORY
India comprises 28 States and seven Union Territories. They are: Andhra Pradesh,
Assam, Arunachal Pradesh, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal
Pradesh, Jammu and Kashmir, Jharkhand, Karnataka, Kerala, Madhya Pradesh,
Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Orissa, Punjab, Rajasthan,
Sikkim, Tamil Nadu, Tripura, Uttarakhand, Uttar Pradesh and West Bengal. Union
Territories are : Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar
Haveli, Daman and Diu, National Capital Territory of Delhi, Lakshadweep and
Pondicherry.
CITIZENSHIP
The Constitution of India provides for a single citizenship for the whole of India.
Every person who was at the commencement of the Constitution (26 January
1950) domiciled in the territory of India and: (a) who was born in India; or (b)
either of whose parents was born in India; or (c) who has been ordinarily resident
in India for not less than five years became a citizen of India. The Citizenship Act,
1955, deals with matters relating to acquisition, determination and termination of
Indian citizenship after the commencement of the Constitution.
FUNDAMENTAL RIGHTS
The Constitution offers all citizens, individually and collectively, some basic
freedoms. These are guaranteed in the Constitution in the form of six broad
categories of Fundamental Rights which are justiciable. Article 12 to 35 contained
in Part III of the Constitution deal with Fundamental Rights. These are : (i) right
to equality including equality before law, prohibition of discrimination on groundsof religion, race, caste, sex or place of birth and equality of opportunity in matters of
employment; (ii) right to freedom of speech and expression; assembly; association or
union; movement; residence; and right to practice any profession or occupation (some
of these rights are subject to security of the State, friendly relations with foreign
countries, public order, decency or morality); (iii) right against exploitation, prohibiting
all forms of forced labour, child labour and traffic in human beings; (iv) right to
freedom of conscience and free profession, practice and propagation of religion; (v)
right of any section of citizens to conserve their culture, language or script and right
of minorities to establish and administer educational institutions of their choice; and
(vi) right to constitutional remedies for enforcement of Fundamental Rights.
FUNDAMENTAL DUTIES
By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties
of the citizens have also been enumerated. Article 51 ‘A’ contained in Part IV A of the
Constitution deals with Fundamental Duties. These enjoin upon a citizen among
other things, to abide by the Constitution, to cherish and follow noble ideals, which
inspired India’s struggle for freedom, to defend the country and render national
service when called upon to do so and to promote harmony and spirit of common
brotherhood transcending religious, linguistic and regional or sectional diversities.
DIRECTIVE PRINCIPLES OF STATE POLICY
The Constitution lays down certain Directive Principles of State Policy, which though
not justiciable, are ‘fundamental in governance of the country’ and it is the duty of the
State to apply these principles in making laws. These lay down that the State shall
strive to promote the welfare of people by securing and protecting as effectively as it
may a social order in which justice—social, economic and political—shall form in all
institutions of national life. The State shall direct its policy in such a manner as to
secure the right of all men and women to an adequate means of livelihood, equal pay
for equal work and within limits of its economic capacity and development, to make
effective provision for securing the right to work, education and to public assistance
in the event of unemployment, old age, sickness and disablement or other cases of
undeserved want. The State shall also endeavour to secure to workers a living wage,
humane conditions of work, a decent standard of life and full involvement of workers
in management of industries.
In the economic sphere, the State is to direct its policy in such a manner as to
secure distribution of ownership and control of material resources of community to
subserve the common good and to ensure that operation of economic system does not
result in concentration of wealth and means of production to common detriment.
Some of the other important directives relate to provision of opportunities and
facilities for children to develop in a healthy manner, free and compulsory education
for all children up to the age of 14; promotion of education and economic interests of
scheduled castes, scheduled tribes and other weaker sections; organisation of village
panchayats; separation of judiciary from executive, promulgation of a uniform civil
code for whole country; protection of national monuments; promotion of justice on a
basis of equal opportunity; provision of free legal aid; protection and improvement of
environment and safeguarding of forests and wildlife of the country and promotion
of international peace and security, just and honourable relations between nations,
respect for international law, treaty obligations and settlement of international disputes
by arbitration.
THE UNION
EXECUTIVE
The Union executive consists of the President, the Vice-President and the Council of
Ministers with the Prime Minister as the head to aid and advise the President.
PRESIDENT
The President is elected by members of an electoral college consisting of elected
members of both Houses of Parliament and Legislative Assemblies of the states in
accordance with the system of proportional representation by means of single
transferable vote. To secure uniformity among state inter se as well as parity between
the states, as a whole, and the Union, suitable weightage is given to each vote. The
President must be a citizen of India, not less than 35 years of age and qualified for
election as member of the Lok Sabha. His term of office is five years and he is eligible
for re-election. His removal from office is to be in accordance with procedure
prescribed in Article 61 of the Constitution. He may, by writing under his hand
addressed to the Vice-President, resign his office.
Executive power of the Union is vested in the President and is exercised by him
either directly or through officers subordinate to him in accordance with the
Constitution. Supreme command of defence forces of the Union also vests in him. The
President summons, prorogues, addresses, sends messages to Parliament and
dissolves the Lok Sabha; promulgates Ordinances at any time, except when both
Houses of Parliament are in session; makes recommendations for introducing
financial and money bills and gives assent to bills; grants pardons, reprieves, respites
or remission of punishment or suspends, remits or commutes sentences in certain
cases. When there is a failure of the constitutional machinery in a state, he can assume
to himself all or any of the functions of the government of that state. The President can
proclaim emergency in the country if he is satisfied that a grave emergency exists
whereby security of India or any part of its territory is threatened whether by war or
external aggression or armed rebellion.
VICE-PRESIDENT
The Vice-President is elected by members of an electoral college consisting of members
of both Houses of Parliament in accordance with the system of proportional
representation by means of single transferable vote. He must be a citizen of India, not
less than 35 years of age and eligible for election as a member of the Rajya Sabha. His
term of office is five years and he is eligible for re-election. His removal from office is
to be in accordance with procedure prescribed in Article 67 b.
The Vice-President is ex-officio Chairman of the Rajya Sabha and acts as President
when the latter is unable to discharge his functions due to absence, illness or any
other cause or till the election of a new President (to be held within six months when
a vacancy is caused by death, resignation or removal or otherwise of President).
While so acting, he ceases to perform the function of the Chairman of the Rajya
Sabha.
COUNCIL OF MINISTERS
There is a Council of Ministers, headed by the Prime Minister, to aid and advise the
President in exercise of his functions. The Prime Minister is appointed by the President
who also appoints other ministers on the advice of Prime Minister. The Council is collectively responsible to the Lok Sabha. It is the duty of the Prime Minister to
communicate to the President all decisions of Council of Ministers relating to
administration of affairs of the Union and proposals for legislation and information
relating to them.
The Council of Ministers comprises Ministers who are members of Cabinet,
Ministers of State (independent charge), Ministers of State and Deputy Ministers
a parliamentary system of government. The Republic is governed in terms of the
Constitution, which was adopted by Constituent Assembly on 26 November 1949
and came into force on 26 January 1950.
The Constitution which envisages parliamentary form of government is federal
in structure with unitary features. The President of India is constitutional head of
executive of the Union. Article 74(1) of the Constitution provides that there shall be a
Council of Ministers with the Prime Minister as head to aid and advise President
who shall in exercise of his functions, act in accordance with such advice. Real
executive power thus vests in Council of Ministers with Prime Minister as head.
Council of Ministers is collectively responsible to the House of the People (Lok Sabha).
Similarly, in states, Governor is head of executive, but it is the Council of Ministers
with Chief Minister as head in whom real executive power vests. Council of Ministers
of a state is collectively responsible to the Legislative Assembly.
The Constitution distributes legislative power between Parliament and state
legislatures and provides for vesting of residual powers in Parliament. Power to
amend the Constitution also vests in Parliament. The Constitution has provision
for independence of judiciary, Comptroller and Auditor-General, Public Service
Commissions and Chief Election Commissioner THE UNION AND ITS TERRITORY
India comprises 28 States and seven Union Territories. They are: Andhra Pradesh,
Assam, Arunachal Pradesh, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal
Pradesh, Jammu and Kashmir, Jharkhand, Karnataka, Kerala, Madhya Pradesh,
Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Orissa, Punjab, Rajasthan,
Sikkim, Tamil Nadu, Tripura, Uttarakhand, Uttar Pradesh and West Bengal. Union
Territories are : Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar
Haveli, Daman and Diu, National Capital Territory of Delhi, Lakshadweep and
Pondicherry.
CITIZENSHIP
The Constitution of India provides for a single citizenship for the whole of India.
Every person who was at the commencement of the Constitution (26 January
1950) domiciled in the territory of India and: (a) who was born in India; or (b)
either of whose parents was born in India; or (c) who has been ordinarily resident
in India for not less than five years became a citizen of India. The Citizenship Act,
1955, deals with matters relating to acquisition, determination and termination of
Indian citizenship after the commencement of the Constitution.
FUNDAMENTAL RIGHTS
The Constitution offers all citizens, individually and collectively, some basic
freedoms. These are guaranteed in the Constitution in the form of six broad
categories of Fundamental Rights which are justiciable. Article 12 to 35 contained
in Part III of the Constitution deal with Fundamental Rights. These are : (i) right
to equality including equality before law, prohibition of discrimination on groundsof religion, race, caste, sex or place of birth and equality of opportunity in matters of
employment; (ii) right to freedom of speech and expression; assembly; association or
union; movement; residence; and right to practice any profession or occupation (some
of these rights are subject to security of the State, friendly relations with foreign
countries, public order, decency or morality); (iii) right against exploitation, prohibiting
all forms of forced labour, child labour and traffic in human beings; (iv) right to
freedom of conscience and free profession, practice and propagation of religion; (v)
right of any section of citizens to conserve their culture, language or script and right
of minorities to establish and administer educational institutions of their choice; and
(vi) right to constitutional remedies for enforcement of Fundamental Rights.
FUNDAMENTAL DUTIES
By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties
of the citizens have also been enumerated. Article 51 ‘A’ contained in Part IV A of the
Constitution deals with Fundamental Duties. These enjoin upon a citizen among
other things, to abide by the Constitution, to cherish and follow noble ideals, which
inspired India’s struggle for freedom, to defend the country and render national
service when called upon to do so and to promote harmony and spirit of common
brotherhood transcending religious, linguistic and regional or sectional diversities.
DIRECTIVE PRINCIPLES OF STATE POLICY
The Constitution lays down certain Directive Principles of State Policy, which though
not justiciable, are ‘fundamental in governance of the country’ and it is the duty of the
State to apply these principles in making laws. These lay down that the State shall
strive to promote the welfare of people by securing and protecting as effectively as it
may a social order in which justice—social, economic and political—shall form in all
institutions of national life. The State shall direct its policy in such a manner as to
secure the right of all men and women to an adequate means of livelihood, equal pay
for equal work and within limits of its economic capacity and development, to make
effective provision for securing the right to work, education and to public assistance
in the event of unemployment, old age, sickness and disablement or other cases of
undeserved want. The State shall also endeavour to secure to workers a living wage,
humane conditions of work, a decent standard of life and full involvement of workers
in management of industries.
In the economic sphere, the State is to direct its policy in such a manner as to
secure distribution of ownership and control of material resources of community to
subserve the common good and to ensure that operation of economic system does not
result in concentration of wealth and means of production to common detriment.
Some of the other important directives relate to provision of opportunities and
facilities for children to develop in a healthy manner, free and compulsory education
for all children up to the age of 14; promotion of education and economic interests of
scheduled castes, scheduled tribes and other weaker sections; organisation of village
panchayats; separation of judiciary from executive, promulgation of a uniform civil
code for whole country; protection of national monuments; promotion of justice on a
basis of equal opportunity; provision of free legal aid; protection and improvement of
environment and safeguarding of forests and wildlife of the country and promotion
of international peace and security, just and honourable relations between nations,
respect for international law, treaty obligations and settlement of international disputes
by arbitration.
THE UNION
EXECUTIVE
The Union executive consists of the President, the Vice-President and the Council of
Ministers with the Prime Minister as the head to aid and advise the President.
PRESIDENT
The President is elected by members of an electoral college consisting of elected
members of both Houses of Parliament and Legislative Assemblies of the states in
accordance with the system of proportional representation by means of single
transferable vote. To secure uniformity among state inter se as well as parity between
the states, as a whole, and the Union, suitable weightage is given to each vote. The
President must be a citizen of India, not less than 35 years of age and qualified for
election as member of the Lok Sabha. His term of office is five years and he is eligible
for re-election. His removal from office is to be in accordance with procedure
prescribed in Article 61 of the Constitution. He may, by writing under his hand
addressed to the Vice-President, resign his office.
Executive power of the Union is vested in the President and is exercised by him
either directly or through officers subordinate to him in accordance with the
Constitution. Supreme command of defence forces of the Union also vests in him. The
President summons, prorogues, addresses, sends messages to Parliament and
dissolves the Lok Sabha; promulgates Ordinances at any time, except when both
Houses of Parliament are in session; makes recommendations for introducing
financial and money bills and gives assent to bills; grants pardons, reprieves, respites
or remission of punishment or suspends, remits or commutes sentences in certain
cases. When there is a failure of the constitutional machinery in a state, he can assume
to himself all or any of the functions of the government of that state. The President can
proclaim emergency in the country if he is satisfied that a grave emergency exists
whereby security of India or any part of its territory is threatened whether by war or
external aggression or armed rebellion.
VICE-PRESIDENT
The Vice-President is elected by members of an electoral college consisting of members
of both Houses of Parliament in accordance with the system of proportional
representation by means of single transferable vote. He must be a citizen of India, not
less than 35 years of age and eligible for election as a member of the Rajya Sabha. His
term of office is five years and he is eligible for re-election. His removal from office is
to be in accordance with procedure prescribed in Article 67 b.
The Vice-President is ex-officio Chairman of the Rajya Sabha and acts as President
when the latter is unable to discharge his functions due to absence, illness or any
other cause or till the election of a new President (to be held within six months when
a vacancy is caused by death, resignation or removal or otherwise of President).
While so acting, he ceases to perform the function of the Chairman of the Rajya
Sabha.
COUNCIL OF MINISTERS
There is a Council of Ministers, headed by the Prime Minister, to aid and advise the
President in exercise of his functions. The Prime Minister is appointed by the President
who also appoints other ministers on the advice of Prime Minister. The Council is collectively responsible to the Lok Sabha. It is the duty of the Prime Minister to
communicate to the President all decisions of Council of Ministers relating to
administration of affairs of the Union and proposals for legislation and information
relating to them.
The Council of Ministers comprises Ministers who are members of Cabinet,
Ministers of State (independent charge), Ministers of State and Deputy Ministers
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