Chapter 3 – Indian Polity

• 06 May 2025

Indian Polity 

• India, a union of states, is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government. The Constitution of the Republic was adopted by the Constituent Assembly on November 26, 1949, and came into force on January 26, 1950.  
• The Constitution envisages a parliamentary form of government and is federal in structure with unitary features.  
• The President of India is the constitutional head of the executive at the Union level. Article 74(1) of the Constitution provides for a Council of Ministers, with the Prime Minister as its head, to aid and advise the President, who shall act in accordance with such advice in the exercise of his functions. Thus, real executive power vests in the Council of Ministers headed by the Prime Minister. The Council of Ministers is collectively responsible to the House of the People (Lok Sabha).  
  • Similarly, in the states, the Governor is the executive head, but real executive power is exercised by the Council of Ministers with the Chief Minister as its head. The Council of Ministers in a state is collectively responsible to the Legislative Assembly of that state.  
  • The Constitution distributes legislative powers between Parliament and State Legislatures, with residual powers vested in Parliament. The power to amend the Constitution also lies with Parliament.  

Union and Its Territory 

• India comprises 28 states and 8 union territories.  
• Jammu and Kashmir Reorganisation: The Jammu and Kashmir Reorganisation Act, 2019, reorganised the erstwhile state of Jammu and Kashmir into two union territories: Jammu and Kashmir, and Ladakh.  
  • The Act followed a Presidential order under Article 370, which revoked Jammu and Kashmir's special status and made all provisions of the Constitution applicable to it.  

Citizenship 

• The Constitution provides for single citizenship for the entire country of India. Every person who, at the commencement of the Constitution (on January 26, 1950), was domiciled in India and: (a) was born in India; or (b) had at least one parent born in India; or (c) had been ordinarily resident in India for not less than five years, became a citizen of India.  
• The Citizenship Act, 1955, governs matters related to the acquisition, determination, and termination of Indian citizenship 
• Citizenship (Amendment) Act, 2019: The Act provides citizenship to illegal migrants from six religious communities—Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians—from Afghanistan, Bangladesh, and Pakistan, who entered India on or before December 31, 2014, due to religious persecution.  
  • Upon acquiring citizenship, these migrants are considered Indian citizens from the date of their entry into India.  
  • The required period of residence for naturalisation has been reduced from 11 years to 5 years for these communities.  
  • The Act does not apply to the Tribal areas of Assam, Meghalaya, Mizoram, and Tripura under the Sixth Schedule, nor to areas protected by the Inner Line Permit in Arunachal Pradesh, Nagaland, Mizoram, and Manipur. 

Fundamental Rights 

Part III (Articles 12 to 35) of the Constitution guarantees Fundamental Rights to all citizens:  

• Right to Equality — Equality before the law and prohibition of discrimination based on religion, race, caste, sex, or place of birth.  
• Right to Freedom — Freedom of speech and expression, assembly, association, movement, residence, and profession (subject to reasonable restrictions).  
• Right Against Exploitation — Prohibition of forced labour, child labour, and human trafficking.  
• Right to Freedom of Religion — Freedom of conscience and the right to freely profess, practice, and propagate religion.  
• Cultural and Educational Rights — Rights of minorities to conserve their culture, language, and script, and to establish educational institutions.  
• Right to Constitutional Remedies — Enforcement of Fundamental Rights through courts.  

Fundamental Duties   

Introduced by the 42nd Amendment (1976), Article 51A of the Constitution lists the Fundamental Duties of citizens, which include:  

• Abiding by the Constitution.  
• Cherishing the noble ideals of the freedom struggle.  
• Defending the country and rendering national service.  
• Promoting harmony and common brotherhood across religious, linguistic, and regional diversities.   

Directive Principles of State Policy 

Contained in Part IV (Articles 36 to 51), Directive Principles are not enforceable by courts but are fundamental in the governance of the country. They direct the State to:  

• Promote social, economic, and political justice.  
• Ensure the right to work, education, and public assistance.  
• Secure equal pay for equal work.  
• Promote the welfare of people and minimise the concentration of wealth.  
• Provide free and compulsory education up to 14 years of age.  
• Protect the interests of Scheduled Castes, Scheduled Tribes, and weaker sections.  
• Organise village panchayats and separate the judiciary from the executive.  
• Enact a uniform civil code.  
• Preserve the environment and wildlife.  
• Promote international peace and just relations among nations.  

The Union Executive 

The Union Executive comprises President of India, Vice-President, Council of Ministers headed by the Prime Minister. 

President 

• The President of India is elected by an electoral college consisting of the elected members of both Houses of Parliament and the State Legislative Assemblies.  
  • To be eligible for election, the candidate must be a citizen of India, at least 35 years old, and qualified to be elected as a member of the Lok Sabha.  
  • The President serves a term of five years, with eligibility for re-election.  
  • The process for removal of the President is outlined in Article 61 of the Constitution.  
  • The President holds the supreme command of the defense forces of India. 

Vice-President  

• Election: By members of both Houses of Parliament through proportional representation via single transferable vote.  
• Qualifications: Citizen of India, at least 35 years old, eligible for Rajya Sabha membership.  
• Term: 5 years; eligible for re-election.  
• Roles: Ex-officio Chairman of the Rajya Sabha. Acts as President in case of vacancy or the President's inability.  

Council of Ministers  

• Head: Prime Minister (appointed by the President). 
• Appointment: Ministers appointed by the President on the PM’s advice.  
• Responsibility: Collectively responsible to the Lok Sabha.  
• Structure: Includes Cabinet Ministers, Ministers of State (with/without independent charge), and Deputy Ministers.  
• Duties:  
  • Aid and advise the President.  
  • The PM communicates all decisions to the President. 

Parliament (Legislature)  

• Structure: President+Two Houses — Rajya Sabha (Council of States) & Lok Sabha (House of the People).  
• Sessions: Must meet at least once every 6 months; joint sittings possible.  

Rajya Sabha  

• Composition: 12 nominated by the President (experts in arts, literature, science, social service).  
  • Max 238 representatives (States & UTs).  
• Election: Indirect, by elected MLAs (proportional representation, single transferable vote).  
• Tenure: Permanent body; 1/3rd of members retire biennially.  

Lok Sabha  

• Composition: Max 550 (530 from states, 20 from UTs).  
• Current: 543 members (523 from states, 20 from UTs).  
• Election: Direct election, adult suffrage.  
• Term: 5 years (extendable during Emergency).  
• Seat Allocation: Based on the 1971 Census, frozen till after the 2026 Census.  

Qualification for Membership  

• Rajya Sabha: At least 30 years old, citizen of India.  
• Lok Sabha: At least 25 years old, citizen of India.  
• Additional qualifications as prescribed by law.  

Functions & Powers of Parliament  

• Main Functions: Legislation, administrative oversight, budget approval, public grievances, policy discussions.  
• Special Powers:  
  • Can legislate on State List matters under certain conditions.  
  • Impeachment of the President and removal of top judicial and constitutional authorities.  
  • Constitutional amendments.  
• Legislative Process:  
  • Both Houses' consent required (Lok Sabha prevails on money bills).  
  • Reviews delegated legislation.  

Parliamentary Committees  

• Standing Committees: Permanent, yearly/periodic.  
• Ad Hoc Committees: Temporary, task-specific.  
• Key Standing Committees:  
  • Financial Committees:  
    • Estimates Committee: Suggests economies, efficiency.  
    • Public Accounts Committee: Scrutinises public spending.  
    • Committee on Public Undertakings: Reviews PSU performance.  
  • Committees to Inquire:  
    • Committee on Petitions: Reviews public petitions.  
    • Committee of Privileges: Examines privilege issues.  
  • Committees to Scrutinise:  
    • Government Assurances: Tracks ministerial promises.  
    • Subordinate Legislation: Reviews delegated legislation.  
    • Papers Laid on the Table: Examines compliance of tabled documents.  
  • House Business Committees:  
    • Business Advisory: Allocates time for discussions.  
    • Private Members’ Bills (Lok Sabha only): Classifies and schedules private members’ bills.  
  • Rules Committee: Suggests procedure changes.  
    • Absence of Members (Lok Sabha only): Reviews leave applications.  
  • Other Committees:  
    • Welfare of SC/ST Committee: Monitors SC/ST welfare schemes.  
    • General Purposes Committee: Advises on facilities for members.  

Nomination of MPs on Government Committees 

MPs are nominated by the Minister of Parliamentary Affairs (exceptions: statutory bodies where Presiding Officers nominate).  

• National e-Vidhan Application (NeVA): Part of the Digital India Mission Mode Projects (MMP).  
• Aim: Paperless, digitized legislatures ("Digital Houses").  
• Features  
  • e-Book formats for legislative papers.  
  • Real-time public portal updates.  
  • Enhanced transparency and citizen engagement.  
  • ‘One Nation-One Application’ principle.   

Comptroller and Auditor General (CAG) 

The CAG is the supreme audit institution under Articles 148–151.  

• Key responsibilities  
  • Audits Union & State receipts and expenditures.  
  • Audits Contingency Fund transactions.  
  • Oversees government-managed funds and accounts.  
  • Audits bodies like IITs, urban local bodies, and statutory corporations.  
  • First Indian CAG: Shri V. Narhari Rao (1948–1954).  

Attorney General for India  

• Appointment: By the President of India.  
• Eligibility: Must be qualified to be a judge of the Supreme Court.  
• Functions  
  • Advises the Government of India on legal matters.  
  • Performs other legal duties assigned by the President.  
  • Exercises function under the Constitution or any law in force.  
  • Has the right of audience in all courts in India.  

Cabinet Secretariat 

Functions under the Prime Minister; headed by the Cabinet Secretary (ex-officio Chairman of the Civil Services Board).  

• Responsibilities: 
  • Provides secretarial assistance to the Cabinet and its Committees.  
  • Administers the Transaction of Business Rules, 1961, and the Allocation of Business Rules, 1961.  
  • Facilitates inter-ministerial coordination and decision-making.  
  • Keeps the President, Vice-President, and ministers informed of ministry activities.   

Right to Information (RTI) Act, 2005  

• Purpose: Empowers citizens, ensures transparency, and combats corruption.  
• Scope: Access to information from public authorities and private bodies (where accessible under law).  
• Process:  
  • File a request with the Public Information Officer (Hindi/English/Regional language).  
  • If unsatisfied or delayed (30 days), appeal to the appellate authority (within 30 days).  
  • Second appeal to the Central/State Information Commission (within 90 days).  

National Centre for Good Governance (NCGG)  

• Established as an autonomous institute under the Department of Personnel and Training by upgrading the National Institution of Administrative Research at Lal Bahadur Shastri National Academy of Administration, Mussoorie.  
• DARPG is the administrative authority for NCGG.  
• Envisioned as the apex think tank for good governance reforms.  

Inter-State Council  

• Provided under Article 263 of the Constitution.  
• Established in 1990, following Sarkaria Commission recommendations.  
• Recommendatory body for better Centre-State coordination on matters of common interest.  
• Members  
  • Prime Minister (Chairman).  
  • Chief Ministers of states and UTs with legislatures.  
  • Administrators of UTs without legislatures.  
  • Governors of states under President's Rule.  
  • Six Union Ministers nominated by the Chairman.  

Zonal Councils 

• Established under Part-III of the States Reorganisation Act, 1956.  
• Composition of Zonal Councils:  

Zonal Council	Member States/Union Territories
Northern Zonal Council	Haryana, Punjab, Himachal Pradesh, Rajasthan, Delhi, Chandigarh, Jammu & Kashmir, Ladakh
Central Zonal Council	Uttarakhand, Uttar Pradesh, Chhattisgarh, Madhya Pradesh
Eastern Zonal Council	Bihar, Jharkhand, West Bengal, Odisha
Western Zonal Council	Gujarat, Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu
Southern Zonal Council	Andhra Pradesh, Tamil Nadu, Karnataka, Kerala, Telangana, Puducherry

Executive (State Government)  

Governor 

• Head of the state executive along with the Council of Ministers led by the Chief Minister.  
• Appointed by the President for a 5-year term.  
• Must be an Indian citizen and above 35 years of age.  
• Acts on the aid and advice of the Council of Ministers, except in discretionary matters provided by the Constitution.  
• General Powers of Governors in matters such as:  
  • Appointment of the Chief Minister.  
  • Reporting to the President about constitutional machinery failure.  
  • Assent to bills.  
  • Governors act according to their own judgment.  

Council of Ministers  

• Appointment: Chief Minister appointed by the Governor.  
• Other ministers appointed by the Governor on the advice of the Chief Minister.  
• Responsibility: Collective responsibility to the Legislative Assembly of the state.  

State Legislature  

• Composition: 
  • Each state legislature consists of Governor and 
  • Either one House (Legislative Assembly) or two Houses (Legislative Assembly and Legislative Council).  
• States with Bicameral Legislatures:  
  • Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh.  
• Parliamentary Provision:  
  • Parliament can create or abolish Legislative Councils through legislation if supported by the state’s Legislative Assembly.  
• Legislative Council (Vidhan Parishad)  
  • Membership: Not more than 1/3 of Legislative Assembly strength; not fewer than 40 members.  
  • Election:  
    • 1/3 elected by Legislative Assembly members (non-members of Assembly).  
    • 1/3 elected by local authorities.  
    • 1/12 elected by teachers with a minimum of 3 years of teaching experience (secondary level or above).  
    • 1/12 elected by graduates of over 3 years standing.  
    • Remaining nominated by the Governor (distinguished persons in literature, science, art, cooperative movement, or social service).  
  • Tenure:  
    • Not subject to dissolution.  
    • 1/3 of members retire every 2 years.  
• Legislative Assembly (Vidhan Sabha)  
  • Membership:  
    • 60–500 members (except Sikkim: 32 members under Article 371F).  
  • Election:  
    • Direct election from territorial constituencies.  
    • Constituency population-to-seat ratio to be maintained uniformly across the state.  
    • Tenure: 5 years, unless dissolved earlier.  
• Powers and Functions  
  • Legislative Authority:  
    • Exclusive powers over the State List (List II).  
    • Concurrent powers over the Concurrent List (List III).  
  • Financial Authority:  
    • Authorization of expenditure, taxation, and borrowing.  
    • Only the Assembly can initiate money bills.  
    • The Legislative Council can recommend changes within 14 days.  
  • Reservation of Bills:  
    • The Governor may reserve bills for the President, especially those related to:  
      • Compulsory acquisition of property.  
      • Powers of High Courts.  
      • Inter-state river development projects.  
      • Inter-state trade restrictions (requires prior Presidential sanction).  
  • Control over Executive:  
    • Tools include questions, discussions, debates, adjournments, no-confidence motions, and resolutions.  
    • Committees on Estimates and Public Accounts ensure proper use of grants.  

Union Territories  

• Administration: The President administers UTs through appointed Administrators.  
• Designations:  
  • Andaman and Nicobar Islands, Delhi, Puducherry, Jammu and Kashmir, and Ladakh: Lieutenant Governors.  
  • Chandigarh: The Governor of Punjab acts as the Administrator.  
  • Lakshadweep: Separate Administrator.  

Local Government  

• Municipalities:  
  • Historical Background 
    • First municipal corporation: Madras, 1688 
    • Later established in Bombay and Calcutta in 1726.  
  • Constitutional Provision: 
    • Initially, there was no direct constitutional mandate for urban local bodies.  
    • Entry 5, State List: Local self-government is the responsibility of states.  
  • 74^th Constitutional Amendment Act, 1992 (Nagarpalika Act): 
    • Purpose: Provides a framework for urban local bodies, strengthening democratic self-governance.  
    • Came into force: 1993.  
    • Key Provisions:  
    • Three types of municipalities:  
      • Nagar Panchayat: Transitional areas.  
      • Municipal Council: Smaller urban areas.  
      • Municipal Corporation: Larger urban areas.  
    • Fixed tenure for municipalities.  
    • Appointment of:  
      • State Election Commission.  
      • State Finance Commission.  
    • Establishment of metropolitan and district planning committees. 
    • Implementation: All states/UTs have established State Election Commissions and Finance Commissions.  
• Panchayats  
  • Article 40 of the Constitution (Directive Principles of State Policy): The state shall take steps to organise village panchayats and endow them with the powers and authority necessary to function as units of self-government.  
  • Part IX of the Constitution (inserted later) provides for:  
    • Gram Sabha in a village or group of villages.  
    • Constitution of Panchayats at the village and other levels.  
    • Direct elections to:  
    • All seats in Panchayats at the village and intermediate level (if any).  
    • Offices of Chairpersons of Panchayats at these levels.  
    • Reservation of seats for:  
    • Scheduled Castes (SCs) and Scheduled Tribes (STs), in proportion to their population, for membership and office of Chairpersons at each level.  
    • Not less than one-third of the seats for women.  
  • Tenure:  
    • Fixed tenure of five years for Panchayats.  
    • Elections must be held within six months in the event of supersession of any Panchayat.   

Election Commission of India (ECI)  

• Establishment: Constituted in 1950.  
  • Permanent, independent constitutional body.  
• Powers and Responsibilities:  
  • Superintendence, direction, and control of the entire election process for:  
  • Parliament.  
  • State and Union Territory legislatures.  
  • Offices of the President and Vice-President.  
• Functions:  
  • Decide election schedules (general and bye-elections).  
  • Prepare, maintain, and update electoral rolls.  
  • Supervise candidate nominations.  
  • Register political parties.  
  • Monitor election campaigns, including candidate funding and expenditure.  
  • Facilitate media coverage of the election process.  
  • Conduct voter education and awareness programmes.  
  • Organise polling stations/booths.  
  • Oversee counting of votes and declaration of results.  
• Use of Technology:  
  • Conduct polling through Electronic Voting Machines (EVMs).  
  • Introduced Voter Verifiable Paper Audit Trail (VVPAT) on a pilot basis.  
  • Compulsory voter identification using Electors' Photo Identity Cards (EPICs).  
  • Distribution of voter information slips close to polling dates.  
• Legal Framework:  
  • Elections conducted as per constitutional provisions and parliamentary laws:  
  • Presidential and Vice-Presidential Elections Act, 1952.  
  • Representation of the People Act, 1950.  
  • Representation of the People Act, 1951.  
• State-level Supervision:  
  • The Chief Electoral Officer (CEO) of the state oversees election work under the overall control of the Commission.  
  • The CEO is selected from senior civil servants of the state government.  
  • Field administration is managed by District Magistrates (Deputy Commissioners/Collectors), Sub-Divisional Magistrates, Revenue Divisional Officers, Tehsildars, etc.  
• IIIDEM (India International Institute of Democracy and Election Management):  
  • Launched by the ECI.  
  • Functions from New Delhi.  
  • Advanced centre for learning, research, training, and extension on electoral democracy and election management.