🏛️ POLITY — TEXTBOOK DEPTH (Line-by-Line, Every Sub-Topic)

This is the deep-dive companion to the Polity revision note. It walks the whole subject in the order of Laxmikanth / the Constitution itself, topic by topic, with the detail the modern Prelims ("how many statements are correct") and GS-II Mains actually demand. Read this once thoroughly; then revise from the shorter note.

How to study this file: read a Part fully → close it → try to reproduce its tables/lists → attempt that topic's PYQs. Do not move on until you can.

PART 1 — HISTORICAL BACKGROUND OF THE CONSTITUTION

The Constitution did not appear in 1950 from nothing; it is the culmination of ~180 years of constitutional development under the Company and the Crown. Provisions of the Government of India Act, 1935 form the single largest source (~250 articles).

1.1 Company Rule (1773–1858)

• Regulating Act, 1773: first step by the British Parliament to control the Company. Made the Governor of Bengal the "Governor-General of Bengal" (first: Warren Hastings); created a Governor-General's Council of 4; established the Supreme Court at Calcutta (1774); subordinated Bombay & Madras to Bengal.
• Pitt's India Act, 1784: distinguished commercial and political functions; created a Board of Control for political affairs → double government (Court of Directors + Board of Control).
• Charter Act, 1813: ended the Company's trade monopoly (except tea and trade with China); allowed Christian missionaries; ₹1 lakh for education.
• Charter Act, 1833: the Governor-General of Bengal became the Governor-General of India (first: Lord William Bentinck); made Indian legislation centralised; ended the Company's commercial functions (became a purely administrative body); first attempt to introduce open competition for civil services (blocked).
• Charter Act, 1853: separated legislative and executive functions of the Governor-General's Council; introduced open competition for the civil services (Macaulay Committee); a mini "Indian (Central) Legislative Council".

1.2 Crown Rule (1858–1947)

• Government of India Act, 1858 ("Act for the Good Government of India"): abolished the Company; power transferred to the Crown; created the office of Secretary of State for India (with a 15-member Council of India); the Governor-General became the Viceroy (first: Lord Canning). Ended double government.
• Indian Councils Act, 1861: beginning of representative institutions — Indians associated with law-making (nomination); portfolio system (Lord Canning); restored legislative powers to Bombay and Madras (decentralisation begins).
• Indian Councils Act, 1892: enlarged councils; introduced indirect elections (nomination based on recommendation); members could discuss the budget.
• Indian Councils Act, 1909 (Morley-Minto Reforms): introduced separate electorates for Muslims ("communal representation" — Lord Minto called the "Father of Communal Electorate"); enlarged legislative councils.
• Government of India Act, 1919 (Montagu-Chelmsford Reforms): introduced dyarchy in the provinces (subjects split into "transferred" and "reserved"); bicameralism and direct elections at the Centre; separated central and provincial subjects; first Public Service Commission (1926); a statutory commission after 10 years (→ Simon Commission).
• Government of India Act, 1935: the immediate blueprint of the Constitution. Provided an All-India Federation (never came into being); provincial autonomy (dyarchy abolished in provinces, introduced at the Centre); a bicameral central legislature; three lists (Federal, Provincial, Concurrent); a Federal Court (1937); RBI, Federal Public Service Commission; extended franchise. ~250 provisions borrowed into the Constitution.
• Indian Independence Act, 1947: ended British rule; created two dominions (India & Pakistan) free to frame their own constitutions; Governor-General became constitutional head.

PART 2 — MAKING OF THE CONSTITUTION

2.1 The Constituent Assembly

• Idea of a Constituent Assembly first mooted by M.N. Roy (1934); INC officially demanded it in 1935; accepted in the August Offer (1940) and given shape by the Cabinet Mission Plan (1946).
• Composition (Cabinet Mission): 389 members total (292 from provinces + 93 from princely states + 4 from chief commissioners' provinces). Provincial seats allocated to General, Muslim, Sikh communities in proportion to population; members indirectly elected by provincial assemblies (proportional representation, single transferable vote). Not based on universal adult franchise.
• After Partition, strength reduced to 299.

2.2 Working of the Assembly

• First sitting: 9 December 1946; boycotted by the Muslim League. Temporary/interim President: Dr. Sachchidananda Sinha; permanent President: Dr. Rajendra Prasad (11 Dec 1946).
• Objectives Resolution moved by Jawaharlal Nehru (13 Dec 1946) — its ideals became the Preamble.
• Key committees: Drafting Committee (Chair Dr. B.R. Ambedkar, 7 members); Union Powers Committee & Union Constitution Committee (Nehru); Provincial Constitution Committee (Patel); Advisory Committee on Fundamental Rights & Minorities (Patel, with sub-committees). Constitutional Adviser: B.N. Rau.
• Timeline: the Assembly took 2 years, 11 months and 18 days; held 11 sessions; considered the Draft over ~114 days.
• Adopted 26 November 1949 (Constitution Day / Samvidhan Divas); certain provisions (citizenship, elections, provisional Parliament) came into force at once; the rest on 26 January 1950 — chosen to honour the Purna Swaraj Day (26 Jan 1930).
• Original Constitution: a Preamble, 395 Articles (22 Parts) and 8 Schedules. (Today: ~470 Articles, 25 Parts, 12 Schedules — figures grow with amendments.)

2.3 Enactment & criticism

• Criticisms: "a borrowed constitution", "a lawyers' paradise", "un-Gandhian", too bulky. Defence: it borrowed and adapted the best available provisions to Indian conditions.

PART 3 — SALIENT FEATURES & SOURCES

3.1 Salient features

Lengthiest written constitution in the world; a blend of rigidity and flexibility (three amendment methods); federal system with a unitary bias ("quasi-federal"); parliamentary form of government (Westminster model); synthesis of parliamentary sovereignty and judicial supremacy (judicial review + procedure established by law); integrated and independent judiciary; fundamental rights + directive principles + fundamental duties; secular state; single citizenship; universal adult franchise; emergency provisions; three-tier government (after the 73rd/74th Amendments); cooperative societies; independent bodies (ECI, CAG, UPSC, FC).

3.2 Sources of the Constitution (annual matching question)

PART 4 — PREAMBLE, UNION & TERRITORY, CITIZENSHIP

4.1 The Preamble

• Text opens "WE, THE PEOPLE OF INDIA…" — the people are the source of authority; it is based on the Objectives Resolution.
• Key words: Sovereign, Socialist, Secular, Democratic, Republic; Justice (social, economic, political); Liberty (thought, expression, belief, faith, worship); Equality (of status and opportunity); Fraternity (assuring dignity of the individual and unity and integrity of the nation).
• 42nd Amendment (1976) added Socialist, Secular and Integrity.
• Status: Berubari Union (1960) — Preamble is not a part of the Constitution; Kesavananda Bharati (1973) — Preamble is a part and can be amended without destroying the basic structure. Amended only once (42nd). It is non-justiciable (not enforceable in court) and not a source of power or of prohibition.

4.2 Union and its Territory (Art 1–4)

• Art 1: India, that is Bharat, shall be a "Union of States" — meaning the federation is not the result of an agreement among states and no state has the right to secede ("indestructible union of destructible states").
• "Territory of India" is wider than the "Union" — it includes states, union territories, and any territory that may be acquired.
• Art 2: Parliament may admit or establish new states.
• Art 3: Parliament may form new states and alter areas, boundaries or names of existing states — by a simple majority, on the President's recommendation, after ascertaining the views of the state legislature (not binding). (Berubari: cession of Indian territory to a foreign country needs a constitutional amendment under Art 368, not Art 3.)
• Reorganisation history: Dhar Commission → JVP Committee → States Reorganisation Act 1956 (Fazl Ali Commission) created 14 states and 6 UTs on a linguistic basis.

4.3 Citizenship (Art 5–11)

• The Constitution deals only with citizens at commencement (Art 5–10); Art 11 empowers Parliament to legislate → Citizenship Act, 1955.
• Acquisition (Citizenship Act): by birth, descent, registration, naturalisation, and incorporation of territory.
• Loss: by renunciation, termination (voluntarily acquiring foreign citizenship), and deprivation (by the government for fraud/disloyalty).
• Single citizenship for the whole of India (unlike the USA's dual citizenship).
• OCI (Overseas Citizen of India): not dual citizenship — no voting rights, no public office, no agricultural land purchase.
• Recent: Citizenship (Amendment) Act, 2019 — a pathway to citizenship for specified non-Muslim minorities from Pakistan, Bangladesh and Afghanistan who entered before 31 Dec 2014.

PART 5 — FUNDAMENTAL RIGHTS (Part III, Art 12–35)

The single most-tested area. FRs are borrowed from the US Bill of Rights; they are enforceable against the State, justiciable, and guaranteed but not absolute (subject to reasonable restrictions). Originally seven; the Right to Property was deleted (44th Amendment, 1978) → six now.

5.1 Definitions (Art 12–13)

• Art 12 — "State": includes the Government and Parliament of India, the Government and legislatures of states, all local authorities (municipalities, panchayats) and "other authorities" (statutory and non-statutory bodies working as instrumentalities/agencies of the government — the test evolved through Rajasthan Electricity Board, Ajay Hasia, etc.).
• Art 13 — laws inconsistent with FRs are void: the basis of judicial review. Includes doctrines of eclipse (a pre-constitutional law inconsistent with FRs becomes dormant, not dead, and revives if the inconsistency is removed) and severability (only the offending part is struck down). "Law" includes ordinances, orders, bye-laws, rules, notifications and customs — but not constitutional amendments (post-24th Amendment; subject to basic structure).

5.2 Right to Equality (Art 14–18)

• Art 14 — Equality before law & equal protection of the laws: "equality before law" (British — no one is above the law) + "equal protection of the laws" (American — equal treatment in equal circumstances). Permits reasonable classification (intelligible differentia + rational nexus to the objective) but forbids class legislation. Also embodies the rule of law and the ban on arbitrariness (E.P. Royappa).
• Art 15 — Prohibition of discrimination on grounds only of religion, race, caste, sex, place of birth. Exceptions: special provisions for women and children (15(3)); for socially and educationally backward classes/SC/ST (15(4)); reservation in admissions including private institutions (15(5)); 10% EWS reservation (15(6), 103rd Amendment).
• Art 16 — Equality of opportunity in public employment. Exceptions: residence requirement, reservation for backward classes (16(4)), reservation in promotions for SC/ST (16(4A)), carry-forward of vacancies (16(4B)), EWS (16(6)). Indra Sawhney (1992): 50% ceiling on reservations, exclusion of the creamy layer, no reservation in promotions (later enabled by amendment for SC/ST).
• Art 17 — Abolition of untouchability; its practice is an offence (Protection of Civil Rights Act, 1955).
• Art 18 — Abolition of titles: the state shall not confer titles (except military and academic distinctions); citizens cannot accept titles from foreign states. Bharat Ratna/Padma awards are not "titles" (upheld in Balaji Raghavan) provided they are not used as suffixes/prefixes.

5.3 Right to Freedom (Art 19–22)

• Art 19 — six freedoms (available only to citizens): (a) speech & expression, (b) assembly (peaceful, unarmed), (c) association/unions, (d) movement throughout India, (e) residence, (g) profession/occupation/trade/business. (The right to acquire property (f) was deleted by the 44th Amendment.) Each carries "reasonable restrictions" — e.g., 19(2) allows restrictions on speech for sovereignty & integrity, security, public order, decency, morality, contempt of court, defamation, incitement. Speech includes the right to know, press freedom, right to silence, and the right to fly the national flag.
• Art 20 — Protection in respect of conviction: (i) no ex-post-facto law (no retrospective criminal law / heavier penalty), (ii) no double jeopardy (no prosecution & punishment twice for the same offence), (iii) no self-incrimination (no compulsion to be a witness against oneself). Cannot be suspended even during an emergency.
• Art 21 — Protection of life and personal liberty: "No person shall be deprived of his life or personal liberty except according to procedure established by law." Maneka Gandhi (1978) held the procedure must be fair, just and reasonable — importing American "due process" substance. Art 21 has been read expansively: right to livelihood, privacy (Puttaswamy 2017), clean environment, health, shelter, legal aid, speedy trial, dignity, against solitary confinement, to die with dignity (passive euthanasia). Cannot be suspended even during an emergency (44th Amendment).
• Art 21A — Right to Education: free & compulsory education for children 6–14 years (86th Amendment, 2002; RTE Act 2009).
• Art 22 — Protection against arrest and detention: (i) ordinary law safeguards — right to be informed of grounds, to consult a lawyer, to be produced before a magistrate within 24 hours; (ii) preventive detention — detention without trial; safeguards: cannot exceed 3 months without an Advisory Board's opinion, grounds to be communicated, opportunity to represent. India is unusual in having preventive detention in normal times (NSA, etc.).

5.4 Right against Exploitation (Art 23–24)

• Art 23 — Prohibition of trafficking in human beings and forced labour (begar). Exception: compulsory service for public purposes (e.g., military conscription) without discrimination.
• Art 24 — Prohibition of child labour: no child below 14 shall be employed in any factory, mine or hazardous work.

5.5 Right to Freedom of Religion (Art 25–28)

• Art 25 — Freedom of conscience and free profession, practice and propagation of religion (subject to public order, morality, health). "Propagate" does not include a right to convert by force/fraud.
• Art 26 — Freedom to manage religious affairs (establish institutions, manage own affairs, own property).
• Art 27 — No taxation for promotion of a particular religion.
• Art 28 — Freedom from religious instruction in wholly state-funded educational institutions.

5.6 Cultural and Educational Rights (Art 29–30)

• Art 29 — Protection of the interests of minorities: any section with a distinct language/script/culture has the right to conserve it; no denial of admission to state-aided institutions on grounds of religion, race, caste or language.
• Art 30 — Right of minorities to establish and administer educational institutions of their choice (religious or linguistic minorities). The state cannot discriminate in granting aid.

5.7 Right to Constitutional Remedies (Art 32)

• Art 32 — the "heart and soul" of the Constitution (Ambedkar): the right to move the Supreme Court directly for enforcement of Fundamental Rights. The SC can issue directions/orders/writs.
• The five writs:
• Habeas Corpus ("to have the body") — against unlawful detention; issued against both the State and private individuals.
• Mandamus ("we command") — to a public official/body to perform a public duty; not against a private person, the President/Governor, or for a discretionary/contractual duty.
• Prohibition — issued by a higher court to a lower court/tribunal to prevent it from exceeding its jurisdiction (issued before proceedings conclude).
• Certiorari ("to be certified") — to quash an order already passed by a lower court/tribunal acting beyond jurisdiction (issued after); can now be issued against administrative authorities too.
• Quo Warranto ("by what authority") — to enquire into the legality of a claim to a public office; any person can seek it.
• Art 32 vs Art 226: Art 32 is itself a Fundamental Right, only for FR enforcement, only in the SC (cannot be suspended except during emergency). Art 226 (High Courts) is wider — for FRs and "any other purpose" (legal rights), and covers a larger territorial jurisdiction.

5.8 Other provisions (Art 33–35)

• Art 33: Parliament may restrict FRs of the armed forces, police, intelligence, to ensure discipline.
• Art 34: restriction on FRs while martial law is in force.
• Art 35: only Parliament (not state legislatures) can make laws to give effect to certain FRs.

5.9 Who gets which right; suspension

• Available to citizens only: Art 15, 16, 19, 29, 30. Available to all persons (incl. foreigners/companies where applicable): Art 14, 20, 21, 21A, 22, 23, 24, 25–28.
• During a National Emergency: Art 19 freedoms are automatically suspended if the emergency is on grounds of war/external aggression (Art 358); the President may suspend the enforcement of other FRs by order (Art 359) — except Art 20 and 21, which can never be suspended.

5.10 Landmark cases (learn issue → ruling)

PART 6 — DIRECTIVE PRINCIPLES OF STATE POLICY (Part IV, Art 36–51)

Borrowed from Ireland (which took the idea from Spain). They are non-justiciable (Art 37) — not enforceable by any court — yet "fundamental in the governance of the country", and the state should apply them in making laws. They aim to establish a welfare state and realise the Preamble's socio-economic ideals.

6.1 Classification (not in the text, but the standard exam grouping)

• Socialistic principles: Art 38 (welfare state, minimise inequalities), Art 39 (adequate means of livelihood, equitable distribution of resources, no concentration of wealth, equal pay for equal work, health of workers/children), Art 39A (free legal aid), 41 (right to work, education, public assistance), 42 (just conditions of work, maternity relief), 43 (living wage, decent standard of life), 43A (workers' participation in management), 47 (nutrition, public health, prohibition of intoxicants).
• Gandhian principles: Art 40 (organise village panchayats), 43 (cottage industries), 43B (promote cooperative societies — 97th Amendment), 46 (promote SC/ST and weaker sections), 47 (prohibition), 48 (cow protection, prohibit slaughter of cows/calves, animal husbandry on scientific lines).
• Liberal-intellectual principles: Art 44 (Uniform Civil Code), 45 (early childhood care and education below 6 years), 48 (agriculture/animal husbandry), 48A (protection of environment, forests and wildlife — 42nd Amendment), 49 (protection of monuments), 50 (separation of the judiciary from the executive), 51 (promotion of international peace and security).

6.2 Conflict between Fundamental Rights and DPSP

• Champakam Dorairajan (1951): FRs prevail; DPSP must run subsidiary. → led to the 1st Amendment.
• Golaknath (1967): FRs cannot be diluted for DPSP.
• 25th Amendment inserted Art 31C (laws implementing Art 39(b)/(c) get precedence over Art 14, 19).
• Kesavananda Bharati (1973): Art 31C valid but its clause ousting judicial review is void.
• Minerva Mills (1980): FRs and DPSP are complementary; neither has absolute primacy — the balance between them is part of the basic structure.

PART 7 — FUNDAMENTAL DUTIES (Part IVA, Art 51A)

• Added by the 42nd Amendment (1976) on the recommendation of the Swaran Singh Committee; inspired by the USSR constitution. Originally 10; the 11th (a parent/guardian to provide education to a child aged 6–14) added by the 86th Amendment (2002). Total 11.
• The eleven duties (know the list): abide by the Constitution and respect the flag & anthem; cherish the ideals of the freedom struggle; uphold sovereignty and integrity; defend the country and render national service; promote harmony and the spirit of common brotherhood, renounce practices derogatory to women; value and preserve the composite culture; protect the natural environment; develop scientific temper, humanism and the spirit of inquiry & reform; safeguard public property and abjure violence; strive towards excellence; provide education to one's child (6–14).
• Non-justiciable, but courts may consider them while interpreting laws; Parliament can enforce them by suitable legislation (e.g., Prevention of Insults to National Honour Act).

PART 8 — UNION EXECUTIVE

8.1 The President (Art 52–62, 72)

• The executive power of the Union is vested in the President (Art 53); a nominal/constitutional head who acts on the aid and advice of the Council of Ministers (Art 74, binding after the 42nd/44th Amendments; the President may return advice once for reconsideration).
• Election (Art 54–55): elected indirectly by an electoral college of the elected members of both Houses of Parliament + elected members of state legislative assemblies (including Delhi and Puducherry), by a system of proportional representation with a single transferable vote and secret ballot. Value of votes weighted to maintain uniformity among states and parity between the Union and the states.
• Qualifications: citizen of India, 35+ years, qualified for election to the Lok Sabha, not holding an office of profit.
• Term: 5 years; eligible for re-election. Impeachment (Art 61): for "violation of the Constitution" — a quasi-judicial process; the charge may be initiated by either House (14 days' notice, signed by 1/4 members), passed by a special majority (2/3 of the total membership), then investigated and passed by the other House. Nominated members participate (they don't in the President's election).
• Powers: executive (appointments — PM, judges, Governors, CAG, AG, ambassadors), legislative (summon/prorogue, dissolve Lok Sabha, address, nominate 12 members to Rajya Sabha, assent to bills, ordinances (Art 123)), financial (money bills need prior recommendation, causes the Budget to be laid, Contingency Fund), judicial (pardoning power, Art 72 — includes court-martial and death sentences), diplomatic, military, emergency.
• Veto powers: Absolute (withholds assent), Suspensive (returns a bill for reconsideration — but must assent if passed again; not for money bills), Pocket (takes no action, no time limit). No veto over constitutional amendment bills (24th Amendment made assent mandatory). No absolute/pocket veto over money bills.
• Ordinance (Art 123): the President may promulgate ordinances when Parliament is not in session; they have the force of law but must be laid before Parliament and cease to operate 6 weeks from its reassembly (D.C. Wadhwa, Krishna Kumar Singh — re-promulgation is a "fraud on the Constitution").

8.2 The Vice-President (Art 63–71)

• Elected by an electoral college of both Houses of Parliament (including nominated members) — the electoral college differs from the President's (no state MLAs). Qualification: 35+, qualified for election to the Rajya Sabha.
• Ex-officio Chairman of the Rajya Sabha — not a member of the House, so he votes only a casting vote in a tie. Acts as President during a vacancy (for a maximum of 6 months).

8.3 Prime Minister & Council of Ministers (Art 74–75)

• The real executive; the PM is appointed by the President (leader of the majority) and other ministers are appointed on the PM's advice. The Council of Ministers is collectively responsible to the Lok Sabha (Art 75) — the bedrock of parliamentary government; a vote of no-confidence against the CoM forces resignation.
• Ministers are individually responsible to the President (hold office during his pleasure). A minister must become a member of either House within 6 months. Size capped at 15% of the Lok Sabha's strength (91st Amendment).
• Three categories: Cabinet Ministers, Ministers of State, Deputy Ministers. The Cabinet (the inner ring) is a smaller body that directs policy; the word "Cabinet" was added to the Constitution only by the 44th Amendment (Art 352).
• Attorney General (Art 76): the highest law officer of the Union, appointed by the President, holds office during his pleasure; has the right of audience in all courts and to speak in Parliament (but not to vote).

PART 9 — PARLIAMENT (Art 79–122)

Parliament = President + Lok Sabha + Rajya Sabha. The President is a part of Parliament (a bill becomes law only with assent).

9.1 Composition

• Lok Sabha (House of the People): maximum strength 552 (530 from states + 20 from UTs + earlier 2 nominated Anglo-Indians, now abolished by the 104th Amendment); currently 543 elected by universal adult franchise and direct election. Term 5 years (can be extended by 1 year at a time during a National Emergency). Presiding officer: the Speaker (and Deputy Speaker).
• Rajya Sabha (Council of States): maximum 250 = 238 representatives of states & UTs (elected by the elected members of state assemblies via proportional representation, single transferable vote) + 12 nominated by the President (from art, literature, science, social service). A permanent House — not subject to dissolution; 1/3 of members retire every 2 years; member term 6 years. Presiding officer: the Vice-President (ex-officio Chairman) + Deputy Chairman.

9.2 Officers of Parliament

• Speaker: elected by the Lok Sabha; decides whether a bill is a Money Bill (final); presides over joint sittings; conducts business; casting vote in a tie; decides on disqualification under the anti-defection law (subject to judicial review). Remains impartial; salary charged on the Consolidated Fund.
• Deputy Speaker, panel of chairpersons; Secretariat.

9.3 Sessions, devices and procedures

• Sessions: Budget, Monsoon, Winter. The maximum gap between two sessions cannot exceed 6 months. Summoning, prorogation (ends a session), adjournment (suspends work), dissolution (ends the Lok Sabha's life). Quorum = 1/10 of the total members.
• Question Hour (first hour — starred, unstarred, short-notice questions), Zero Hour (an Indian innovation, immediately after Question Hour, not mentioned in the rules), Point of Order, Half-an-Hour Discussion, Calling Attention, Guillotine (all outstanding demands for grants are put to vote together).
• Motions: Adjournment Motion (to discuss a definite matter of urgent public importance; involves an element of censure; Lok Sabha only), No-Confidence Motion (Lok Sabha only; needs 50 members' support to be admitted), Censure Motion (against a minister/CoM, must state grounds), Confidence Motion, Cut Motions (Policy/Economy/Token — on demands for grants), Privilege Motion.

9.4 Legislative procedure — types of bills

9.5 Budget and funds

• Budget (Annual Financial Statement, Art 112). Stages: presentation, general discussion, scrutiny by departmental committees, voting on demands for grants (Lok Sabha only), Appropriation Bill, Finance Bill.
• Charged expenditure (non-votable — salaries of the President, judges, CAG, etc.) vs Made expenditure (votable). Consolidated Fund (all revenues; withdrawals need parliamentary sanction), Contingency Fund (at the disposal of the President for unforeseen expenditure), Public Account.

9.6 Parliamentary committees (know composition)

PART 10 — THE JUDICIARY

10.1 The Supreme Court (Art 124–147)

• Composition: the CJI + up to 33 other judges (34 total). Appointed by the President; Collegium system (evolved from the Second (1993) and Third (1998) Judges Cases) — the CJI + four senior-most judges recommend. The 99th Amendment / NJAC (2014) was struck down in 2015 as violating judicial independence (basic structure).
• Qualifications: citizen; a judge of a High Court for 5 years OR an advocate of a High Court for 10 years OR a distinguished jurist. Retirement age 65.
• Jurisdiction: Original (Art 131 — Centre-state and inter-state disputes; Art 32 — writs), Writ (Art 32), Appellate (constitutional, civil, criminal, by special leave under Art 136), Advisory (Art 143 — the President may seek the Court's opinion, not binding), a Court of Record (Art 129), and power of judicial review.
• Judicial review: the power to examine the constitutionality of legislative and executive actions and declare them void. India follows "procedure established by law" (Japan) — narrower than US "due process", though Maneka Gandhi imported fairness.
• Removal of judges (Art 124(4)): by an order of the President after an address by each House supported by a special majority, on the ground of "proved misbehaviour or incapacity" (the process is governed by the Judges Enquiry Act; no judge has been removed to date).
• Public Interest Litigation (PIL): relaxed locus standi — any public-spirited person can move the court for a public cause (pioneered by Justices Bhagwati and Krishna Iyer).

10.2 High Courts (Art 214–231) & subordinate courts

• One High Court for each state (some common to more than one state/UT). Judges appointed by the President (Collegium); retirement 62. Jurisdiction: original, writ (Art 226 — wider than Art 32), appellate, supervisory (Art 227), control over subordinate courts, a Court of Record.
• Subordinate courts (Art 233–237): district and sessions judges appointed by the Governor in consultation with the High Court; the High Court controls the district judiciary.
• Tribunals (Art 323A, 323B — 42nd Amendment): administrative tribunals (CAT) and tribunals for other matters. L. Chandra Kumar (1997): tribunal decisions are subject to review by the High Court — judicial review is part of the basic structure and cannot be excluded.

10.3 Judicial independence vs activism vs overreach

• Independence is secured by: security of tenure, fixed salaries charged on the Consolidated Fund, separation from the executive (Art 50), power to punish for contempt, ban on discussion of a judge's conduct in the legislature.
• Judicial activism = the court proactively protecting rights (PIL, continuing mandamus); judicial overreach = the court trespassing into the executive/legislative domain (a concern for the separation of powers).

PART 11 — FEDERALISM & CENTRE–STATE RELATIONS

India is described as "federal in form but unitary in spirit" / "quasi-federal" — the word "federation" appears nowhere; Art 1 says "Union of States". - Federal features: dual polity, written constitution, division of powers, supremacy of the Constitution, an independent judiciary, bicameralism. - Unitary features: a strong Centre, single constitution, single citizenship, an integrated judiciary, All-India Services, appointment of the Governor by the Centre, emergency provisions, integrated audit (CAG) and election machinery, parliamentary power over the state list, no equality of state representation.

11.1 Legislative relations (Art 245–255)

• Seventh Schedule: Union List (100 subjects), State List (61), Concurrent List (52). Residuary powers → the Union (Art 248) (from Canada).
• In a Concurrent List conflict, central law prevails (Art 254) — unless the state law has received presidential assent (then the state law prevails in that state, but Parliament can still override).
• Parliament can legislate on a State List subject under: Art 249 (Rajya Sabha resolution, national interest), Art 250 (during a National Emergency), Art 252 (two or more states request it), Art 253 (to implement international treaties/agreements), and during President's Rule.

11.2 Administrative relations (Art 256–263)

• Centre's directions to states; All-India Services; disputes; Inter-State Council (Art 263); Zonal Councils (statutory, under the States Reorganisation Act); full faith and credit to public acts.

11.3 Financial relations (Art 268–293)

• Distribution of taxes; grants-in-aid (statutory & discretionary); the Finance Commission (Art 280) recommends the vertical and horizontal devolution of the divisible pool; GST & the GST Council (Art 279A, 101st Amendment) — a constitutional body deciding by a 3/4 weighted vote.
• Committees on Centre-State relations: Sarkaria, Punchhi, Rajamannar.

PART 12 — EMERGENCY PROVISIONS (Part XVIII, Art 352–360)

• National Emergencies declared: 1962 (China war), 1971 (Pakistan war), 1975 (internal disturbance — the controversial one). The 44th Amendment added safeguards after the 1975 excesses.

PART 13 — STATE GOVERNMENT

13.1 Governor (Art 153–162, 161)

• The executive head of the state; appointed by the President (not elected); holds office during the President's pleasure; a channel between the Centre and the state. Qualifications: citizen, 35+.
• Discretionary powers: appointing a CM when no party has a clear majority; dismissing a ministry that has lost confidence; recommending President's Rule (Art 356); reserving a bill for the President's consideration (Art 200/201). Pardoning power (Art 161) — but does not extend to death sentences or court-martial (unlike the President's Art 72).

13.2 Chief Minister & State Council of Ministers (Art 163–164)

• The real executive of the state; the CoM is collectively responsible to the Legislative Assembly; a minister may remain a non-legislator for 6 months. Advocate General (Art 165) is the highest law officer of the state.

13.3 State Legislature (Art 168–212)

• Legislative Assembly (Vidhan Sabha): directly elected (strength 60–500), term 5 years.
• Legislative Council (Vidhan Parishad): only in some states; created or abolished by Parliament on a special-majority resolution of the assembly; maximum = 1/3 of the assembly's strength (min 40); partly elected (by local bodies, graduates, teachers, MLAs) and partly nominated. A weaker, secondary chamber than the Rajya Sabha (it can only delay ordinary bills).

PART 14 — LOCAL GOVERNMENT

PART 15 — CONSTITUTIONAL & OTHER BODIES

• CAG (Art 148): "guardian of the public purse"; audits all Union and state accounts; salary charged on the Consolidated Fund; removed like a Supreme Court judge; submits reports to the President/Governor → laid before the legislature → examined by the PAC.
• Election Commission (Art 324): conducts elections to Parliament, state legislatures, and the offices of President & Vice-President; a multi-member body since 1993 (CEC + 2 ECs); the CEC is removed like a Supreme Court judge, ECs on the CEC's recommendation.
• UPSC (Art 315–323): conducts all-India and central service exams; advisory; chairman/members removed only on grounds specified by the Constitution.
• Finance Commission (Art 280): constituted every 5 years; recommends tax devolution and grants-in-aid.

PART 16 — AMENDMENT OF THE CONSTITUTION & BASIC STRUCTURE

16.1 Amendment procedure (Art 368)

Three methods: 1. Simple majority (outside Art 368) — admission of new states, creation/abolition of legislative councils, citizenship, delimitation, salaries, Fifth/Sixth Schedule matters. 2. Special majority (a majority of the total membership of each House and a 2/3 majority of members present and voting) — most of the Constitution, including FRs and DPSP. 3. Special majority + ratification by at least half the state legislatures — federal provisions: election of the President, extent of Union/state executive & legislative power, the Supreme Court and High Courts, distribution of legislative powers, the Seventh Schedule, representation of states in Parliament, and Art 368 itself.

16.2 The basic structure doctrine

• Evolution: Shankari Prasad (1951) & Sajjan Singh (1965) — Parliament can amend any part (incl. FRs). Golaknath (1967) — FRs cannot be amended. 24th Amendment asserted Parliament's power. Kesavananda Bharati (1973) — Parliament can amend any part but cannot alter the "basic structure". Indira Nehru Gandhi (1975), Minerva Mills (1980), Waman Rao, S.R. Bommai, I.R. Coelho (2007) refined it.
• Elements of the basic structure (illustrative, not exhaustive): supremacy of the Constitution; rule of law; separation of powers; judicial review; federalism; secularism; sovereign, democratic, republican character; free and fair elections; independence of the judiciary; the balance between FRs and DPSP; parliamentary system; the rule of equality.

16.3 Important amendments (must-know)

16.4 Anti-defection (Tenth Schedule)

• Grounds: voluntarily giving up party membership; voting/abstaining against the party whip. Exception: a merger where 2/3 of the legislature party agrees (the 1/3 "split" exception was deleted by the 91st Amendment). Decided by the Presiding Officer — subject to judicial review (Kihoto Hollohan). Criticised for the absence of a time limit and the Speaker's partisanship.

📚 References & Further Reading

• The Constitution of India — full official text
• Legislative Department — amendments
• PRS Legislative Research · Supreme Court judgments
• NCERT XI Indian Constitution at Work (free PDF)

Next in the deep-dive series: History → Geography → Economy → Environment → Science & Tech → Art & Culture. Each will follow this same line-by-line, every-sub-topic treatment.