Indian Polity Notes : A complete study material for competitive exams

  42nd Constitutional Amendment Act : Mini Constitution  Let's go back into the History, we had a very powerful Prime Minister named Indira Gandhi . An alligation had Benn imposed on Indira Gandhi about the Electoral Misconduct. Since, she was PM and executive powers by influencing the electoral results. So, one major case arised Raj Narayan Vs Indira Nehru Gandhi  (Raj Narayan was the opponent of Indira Gandhi in 1971 Lok Sabha Election). In Allahabad High Court, on 12th June 1975, one huge landmark Judgement came i.e. Indira Gandhi found guilty in Electoral Misconduct: An Order By Justice Sinha(the sitting judge of Allahabad High court). After that Indira Gandhi went back to Delhi and saw that Jai Prakash Narayan along with Bihar Chhatra Sangharsh Samiti was doing a rally against the corruption of Indira Gandhi with a slogan of "Simhasan Khaali Karo Janta Aati Hain"  .         <<<<%% Get A Link Now %%>>>> Finally, u...

  POWER CONCEPT :--         Long time back during the monarchy period, all the powers vested in the hand of only one person i.e. KING/QUEEN. And we all knew that power is intoxicant so, in order to gain more power that single authority, misuses the existing powers which pulls back the development of the STATE and welfare of people.         So, taking in views these all things, the Political Philosopher portraits that, if the STATE has to develop and think upon the welfare of the citizens/people then we must have to do something about the concentration of power. Long time back, ARISTOTLE proposed that there shall not be concentration of power in only one hand. Lator on, MONTESQUIEU proposed that components of the STATE. He portraits that there are three three components of STATE: LEGISLATURE, EXECUTIVE, JUDICIARY.  So, if the STATE wants to function smoothly then the power should not be vested in only one person. It must be distributed am...

  ❇️ Centre State Legislative Relationship           Article 245 to Article 255 deals with the Legislative Relationship between the Centre and the State.         ARTICLE 245 : TERRITORIAL JURISDICTION....              👉It talks about the extent of laws made by Parliament and Legislature of State i.e.                     🔹 Parliament can make laws for the whole or any part of the territory of India and State will make laws for the whole or any part of the State.                  🔹Only Centre/Parliament can make laws on matters outside India (extra territorial jurisdiction) but somehow related to India. Which means on the basis of DOCTRINE OF TERRITORIAL NEXUS.         ARTICLE 246 : SUBJECT MATTER JURISDICTION......                 👉As it ment...

  Directive Principles Of State Policy:                     DPSP are the directions given to the STATE for the welfare of the citizens of India by the Constitution Of India. It is non-justiciable but binding on STATE as in ARTICLE 37, it has been presented that DPSPs are non-justiciable in nature but the STATE must keep an eye on it while making a law.       ARTICLE 44 : State shall try to enforce UNIFORM CIVIL CODE in the country.         💠 UNIFORM CIVIL CODE:                     To understand Uniform Civil Code, first we have to understand about the types of Law :        --: TYPES OF LAW :-- 1)🔹 CIVIL LAW  (civil matters like property, etc) 2)🔹 CRIMINAL LAW  (crime matters like murders, etc) 3)🔹 PERSONAL LAW  (personal matters)              👉 It includes the cases like marr...

 ❇️POWERS OF CLEMENCY - MERCY It is an extraordinary power or we can call it as the Royal Powers Of Pardon.     ARTICLE 72 :   Power of President to grant Pardons, etc and to suspend, remit or commute sentences in Certain Cases.     At any stage before the death or before the execution of fansi, the accused person ( from any level of judiciary i.e. subordinate courts, HC or SC) can go for mercy to President through Article 72 and to the Governor through Article 161.       ARTICLE 161 : Power of Governor to grant Pardons.   If the accused person will apply for clemency to both President and Governor then  (the following table shows the results of clemency applications)                 President.     Governor.     Result   1)🔹          ✔️                        ✔️  ...

  DPSP : Directive Priciples of STATE policy              DPSP are the directions of the constitution of India given to the STATE for the welfare of citizens of India.                On the other hand Fundamental Rights (FR) are the rights given by the constitution of India to the individual against the STATE. So, we can say that DPSPs are socio-economic rights in contrast FR are civil and political rights.     🔸DPSP are non-justiciable in nature since given in ARTICLE 37 whereas FRs are Justiciable in nature.    🔸 Fundamental Rights (civil and political) were available to the founding fathers so thay listed it in guaranteed rights. On the other side DPSP (Socio-economic) were not available to the founding fathers, so thay did not include it in guaranteed rights.       FUNDAMENTAL RIGHTS  are a type of direction to the STATE but in negative (-ve) prospective but DIRE...

☀️ SECULARISM              : The western definition of the word "secularism" is the "divorce/seperation of king with church". But INDIA has its own definition of SECULARISM i.e. "LIBERTY OF BELIEF, FAITH AND WORSHIP".           These all reflect that India doesn't have any STATE RELIGION and also it is not an anti-religion which means it is simply REPUBLIC OF INDIA.  But if somebody alters the sentiments of any other religion, then STATE will punish him according to the law : STATE is in position of WATCHFUL AMBIVALENCE. ARTICLE 25, 26, 27 and 28 deals with religious freedom.         ♦️ ARTICLE 25 : FREEDOM OF CONSCIENCE (conscience : Belief, Faith and Worship)       It is enjoyed by an individual as it is an Individual Right. But the STATE restrict that individual with certain exceptions :         1). In the violation of Public Order .         2). ...

  WE THE PEOPLE,                   HAVING SOLEMNLY RESOLVED TO CONSTITUTE INDIA INTO.... Here we noticed that we have just copied "WE THE PEOPLE" from the Constitution Of USA. ..... SOVEREIGN, *SOCIALIST, *SECULAR, DEMOCRATIC, REPUBLIC......                 🤛Get  link now🤜                These are the characters of India. The original Preamble does not include *SOCIALIST and *SECULAR in it. These two characters of India were added later by 42nd Constitutional Amendment Act, 1976 during the Indra Gandhi Government.           ☀️ SOVEREIGN :  India is sovereign i.e. it is not influenced by any of external powers despite of the fact the India is a member of International Convention, International Organization, etc as their instructions are not binding on India. But Indians are not sovereign except ine the case of electoral pro...

  #Fundamental Rights. (*CONSTITUTION OF INDIA : FUNDAMENTAL LAW OF LAND)      The rights which are guaranteed by the Constitution Of India which is the Fundamental Law Of Land , are called as Fundamental Rights. It's nature is basic human rights. There are 22 parts in our Constitution  and in that , the 3rd part is concerned about the Fundamental Rights. This part deals with Article 12 - Article 35  of the constitution. These rights are available to the individuals against the STATE.              *The Constitution Of USA is that first Constitution in the world to have given to its citizens ' the Fundamental Rights'. And we have taken the concept of fundamental rights from Constitution Of USA.       ARTICLE 12 gives us the definition of STATE i.e.             STATE includes the government and Parliament of India nd the government and the Legislature of each states and all Loca...