Indian Polity Notes : A complete study material for competitive exams

  ❇️ 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...

  Rule of Law was given by a Legal Philosopher DICEY. The three components of Rule Of Law are : ☀️SUPREMACY OF LAW ☀️ EQUALITY BEFORE LAW ☀️ PREDOMINANCE OF LEGAL SPIRIT     💮 Supremacy Of Law : DICEY'S Rule of Law with regards to Supremacy Of Law.          Everyone in India is finally answerable to the Constitution Of India (COI) and this phenomenon is called as LEX REX : LAW IS THE KING OF KINGS.  This means that "NO ONE" is above Constitution Of India. And the Lex Rex is called Supremacy of law. 💮 Equality Before Law :        No one shall be discriminated irregardless of whether you are rich/poor/powerful/weak/etc. 💮 Predominance Of Legal Spirit :        Any order passed by judiciary is the responsibility of entire state to obey it so that the Legal Spirit should dominate.       [* Our Legal System is based on DICEY'S RULE OF LAW as we have copied this system from English Law] #Amer...

  Rubber Stamp Office : The office of Parliament is called the Office Of Ceremony but it is a very crucial office in Indian Democracy. We cannot call the Office Of President, a Rubber Stamp Office despite of the fact that he is the Formal Head Executive and generally works on the advice of the Union Council Of Ministers headed by Prime Minister.     The reasons behind the big "NO"  for the Rubber Stamp Office are many more and thay are :      💠 ARTICLE 79,  which state that President is the part of the Parliament, despite of the fact that he/she is not the member of Parliament.    💠The most crucial reason is that he/she acts as a Friend, Philosopher, Guide  to the Prime Minister and help the Legislature with his wisdom and knowledge.    💠The third reason is, we respect our President very much as we call him The First Citizen Of INDIA.    💠 Discretionary Power of President cannot be influenced by anyone. As he...

  PRESIDENT OF INDIA President of India is the Formal Head Executive  ( all the executive decision are taken on the name of the President  ). He is also the Nominal Head Of The State   and works as a connecting dots of almost every components of all the state of INDIA. In ARTICL 52 , it has been stated that " there shall be a President of INDIA"  . [ * It is obligatory not optional] The President Of INDIA exercises powers which have been listed in ARTICLE 53 :       ARTICLE 53 : All the executive powers of STATE shall belong to President who can use it either directly or through offices subordinate to him.         ✴️ Directly Exercised         ✴️ Exercised through offices subordinate to him                     🔸 These include UNION COUNCIL OF MINISTERS which has been listed in ARTICLE 74.                   { ...