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UPPCS Mains
2026 Edition
General Studies Paper II
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Indian Polity and Constitution

English Medium
10
Chapters
53
Topics
150
Figures & Maps
58
Tables
What's Inside
  1. 01Making, Philosophy and Amendment of the Constitution
  2. 02Citizenship, Fundamental Rights and Duties
  3. 03Federalism and Centre–State Relations
  4. 04Parliament and State Legislatures
  5. 05Union and State Executive
  6. 06Judiciary and Dispute Redressal
  7. 07Elections, Political Parties and Pressure Groups
  8. 08Local Self-Government
  9. 09Constitutional Bodies and Law Officers
  10. 10Statutory, Regulatory and Quasi-Judicial Bodies
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Indian Polity and Constitution
UPPCS Mains · Smart Notes

Contents

Indian Polity and Constitution · General Studies Paper II
  1. 01Making, Philosophy and Amendment of the Constitution6 topics
    1. 1.1Constitutional Development and the Constituent Assembly
    2. 1.2Salient Features and Sources of the Constitution
    3. 1.3Preamble: Philosophy and Core Values
    4. 1.4Indian Constitutional Scheme Compared with Other Democracies
    5. 1.5Amending the Constitution: Article 368 and Landmark Amendments
    6. 1.6Basic Structure Doctrine: Evolution and Significance
  2. 02Citizenship, Fundamental Rights and Duties6 topics
    1. 2.1Citizenship: Constitutional Provisions and the CAA, 2019
    2. 2.2Fundamental Rights: Nature, Classification and Limits
    3. 2.3Right to Equality (Articles 14–18)
    4. 2.4Right to Life and Personal Liberty (Article 21)
    5. 2.5Constitutional Remedies: Article 32 and the Writs
    6. 2.6Directive Principles and Fundamental Duties
  3. 03Federalism and Centre–State Relations7 topics
    1. 3.1Nature of Indian Federalism: Federal Form, Unitary Bias
    2. 3.2Legislative and Administrative Relations
    3. 3.3Financial Relations and Fiscal Federalism
    4. 3.4Finance Commission: Mandate, Awards and Regional Disparities
    5. 3.5Inter-State Council and Cooperative Federalism
    6. 3.6Special Provisions: Article 370, J&K Reorganisation and Article 371
    7. 3.7Scheduled and Tribal Areas: Fifth and Sixth Schedules
  4. 04Parliament and State Legislatures7 topics
    1. 4.1Parliament: Composition, Functions and Limits of Supremacy
    2. 4.2Rajya Sabha: Special Powers and Federal Role
    3. 4.3Law-Making, Ordinances and Conduct of Business
    4. 4.4Parliamentary Committees: DRSCs, Financial Committees and JPCs
    5. 4.5Parliamentary Control over the Executive
    6. 4.6Parliamentary Privileges, Presiding Officers and Anti-Defection
    7. 4.7State Legislatures: Structure, Legislative Councils and Federal Voice
  5. 05Union and State Executive3 topics
    1. 5.1President: Election, Powers and Constitutional Position
    2. 5.2Prime Minister, Council of Ministers and the Cabinet System
    3. 5.3Governor and Chief Minister: Powers and Relations
  6. 06Judiciary and Dispute Redressal7 topics
    1. 6.1Supreme Court and High Courts: Structure and Jurisdiction
    2. 6.2Judicial Independence and Appointments
    3. 6.3Judicial Review and Judicial Activism
    4. 6.4Public Interest Litigation
    5. 6.5Separation of Powers and Checks and Balances
    6. 6.6Alternative Dispute Resolution: Arbitration, Mediation and Conciliation
    7. 6.7Lok Adalats, Gram Nyayalayas and Tribunals
  7. 07Elections, Political Parties and Pressure Groups6 topics
    1. 7.1Election Commission: Independence and Challenges
    2. 7.2Representation of the People Acts and Delimitation
    3. 7.3Electoral Reforms: Political Funding, EVMs and VVPAT
    4. 7.4One Nation One Election
    5. 7.5Political Parties and the Party System
    6. 7.6Pressure Groups and Associations
  8. 08Local Self-Government3 topics
    1. 8.1Panchayati Raj: 73rd Amendment, Working and Problems
    2. 8.2Urban Local Bodies: 74th Amendment and Municipal Governance
    3. 8.3Fiscal Decentralisation: State Finance Commissions and Local Finances
  9. 09Constitutional Bodies and Law Officers3 topics
    1. 9.1Comptroller and Auditor General
    2. 9.2Union and State Public Service Commissions
    3. 9.3Attorney General and Advocate General
  10. 10Statutory, Regulatory and Quasi-Judicial Bodies5 topics
    1. 10.1NITI Aayog: Structure, Role and Achievements
    2. 10.2Vigilance and Investigation: CVC, CBI and Lokpal
    3. 10.3National Human Rights Commission and State Commissions
    4. 10.4Regulatory Bodies: Independence and Accountability
    5. 10.5Quasi-Judicial and Environmental Bodies: NGT and National Biodiversity Authority
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Indian Polity and ConstitutionChapter 01 · Topic 1
Chapter 01

Making, Philosophy and Amendment of the Constitution

Indian Polity and Constitution · 6 topics
Topic 1

Constitutional Development and the Constituent Assembly

Chapter Overview

This chapter covers how India’s Constitution was made, the ideas it rests on and how it changes. Adopted on 26 November 1949 and in force from 26 January 1950, it has been amended 106 times; the latest, the 106th Amendment (2023) reserving one-third of Lok Sabha and Assembly seats for women, was brought into force on 16 April 2026.

Topic 1 traces the colonial road to the Constituent Assembly and how the Assembly was formed and worked. Topics 2 and 3 set out the salient features and sources of the Constitution and the philosophy of its Preamble. Topic 4 compares the Indian scheme with other democracies. Topics 5 and 6 explain how Article 368 allows change and how the basic structure doctrine limits it.

Topic Flow
  1. 1Constitutional Development and the Constituent Assembly
  2. produced a document with
  3. 2Salient Features and Sources of the Constitution
  4. guided by the values of
  5. 3Preamble: Philosophy and Core Values
  6. set against
  7. 4Indian Constitutional Scheme Compared with Other Democracies
  8. kept up to date through
  9. 5Amending the Constitution: Article 368 and Landmark Amendments
  10. limited by
  11. 6Basic Structure Doctrine: Evolution and Significance

Article 395 repealed the Indian Independence Act, 1947 and the Government of India Act, 1935, so the Constitution framed by the Constituent Assembly (1946–1949) rests on “We, the People”, not on a British statute. The Assembly grew out of colonial legislatures but claimed popular sovereignty, which makes it both a legal outcome and a political break.

The Road to a Constituent Assembly (1773–1946)

  1. Colonial statutes: British Acts built legislatures, a federal plan and courts in stages, which the Constitution later adapted to Indian needs; e.g. Government of India Act, 1858: Crown rule through a Secretary of State; Government of India Act, 1935: three Lists, provincial autonomy, Federal Court (the Acts as events: see GS-1 Modern India).
  2. Demand for an Assembly: M.N. Roy proposed a Constituent Assembly in 1934; the Congress called one elected on adult suffrage the only answer to the British White Paper; e.g. official Congress demand in 1935; Nehru (1938): a constitution framed “without outside interference”.
  3. British acceptance: Britain accepted the principle during the Second World War, first in general terms and then as a firm post-war offer; e.g. August Offer (1940): Indians to frame their own constitution; Cripps proposals (1942): an elected body after the war; in 1947 Britain promised to transfer power by June 1948 at the latest.
  4. Cabinet Mission Plan: a statement of a British Cabinet committee, not an Act of Parliament, fixed the size of the Assembly and how it would be chosen; e.g. Cabinet Mission Statement, 16 May 1946: 389 seats, filled through Provincial Assemblies.
  5. Indian Independence Act, 1947: Section 8 gave each Dominion’s Constituent Assembly the legislative power to frame its constitution, with the 1935 Act applying meanwhile; e.g. from 15 August 1947 the Assembly was fully sovereign and also the Dominion legislature.
Table 1.1 Common ground: each Act widened Indian participation without granting self-rule; the Assembly turned this machinery into a sovereign Constitution.
ActWhat it left for the Constitution
Regulating Act, 1773First parliamentary control over the Company; Governor-General of Bengal
Pitt’s India Act, 1784Dual control: Board of Control (Crown) for politics, Company for trade
Charter Act, 1833Governor-General of India; Company’s trade ended; central law-making
Indian Councils Act, 1861Indians nominated to legislative councils; seed of representation
Indian Councils Act, 1909 (Morley–Minto)Elected Indians in councils; separate electorates for Muslims
Government of India Act, 1919 (Montagu–Chelmsford)Dyarchy in provinces; bicameral central legislature
Government of India Act, 1935Federal scheme with three Lists; provincial autonomy; Federal Court; the largest source
Indian Independence Act, 1947Two Dominions; full power to the Constituent Assembly (Section 8)
From colonial Acts to the Constitution, 1773–1950
Fig. 1.1 From colonial Acts to the Constitution, 1773–1950

Composition of the Constituent Assembly

  1. 389 seats, later 299: the plan gave 389 seats; after Partition the members from areas going to Pakistan left and the strength fell to 299; e.g. 292 provinces + 93 princely States + 4 Chief Commissioner’s provinces; later 229 + 70.
  2. Indirect election: provincial members were chosen by Provincial Legislative Assemblies, each community voting separately by single transferable vote, not by adult franchise; e.g. elections of July–August 1946 by the Assemblies formed under the 1935 Act.
  3. Seats by population and community: each province got roughly one seat per million people, split among General, Muslim and Sikh members by population; e.g. Cabinet Mission Statement, para 18 (16 May 1946).
  4. Princely States: the States were to send nominees, with their seats settled through a Negotiating Committee, so these members were not elected; e.g. up to 93 seats; Hyderabad stayed away from the Assembly.
  5. Social mix: the Assembly drew members from all provinces, religions, castes and both sexes, though the Muslim League boycotted its first session; e.g. 15 women, among them Ammu Swaminathan, Durgabai Deshmukh, Rajkumari Amrit Kaur, Vijaya Lakshmi Pandit and Begum Aizaz Rasul (the only Muslim woman); 28 SC members.
Composition of the Constituent Assembly
Fig. 1.2 Composition of the Constituent Assembly

How the Assembly Worked: Committees and Milestones

  1. Objectives Resolution: moved by Nehru on 13 December 1946 and adopted on 22 January 1947, it declared that all power comes from the people; e.g. the Assembly first met on 9 December 1946; the Resolution later became the Preamble (see Topic 3).
  2. Committees: major committees divided the work by subject, and their reports became the base for drafting; e.g. Union Powers and Union Constitution Committees under Nehru; Advisory Committee on Fundamental Rights and Minorities under Patel.
  3. Drafting Committee: set up on 29 August 1947 under B.R. Ambedkar, it prepared the Draft Constitution published in February 1948; e.g. seven members, including Alladi Krishnaswamy Ayyar, N. Gopalaswamy Ayyangar and K.M. Munshi; T.T. Krishnamachari joined later.
  4. Dual role: after Independence the Assembly also worked as the Dominion legislature and, from 1950, as the provisional Parliament until the first elections; e.g. Article 379; G.V. Mavalankar presided over its legislative sittings; first Lok Sabha in 1952.
  5. Adoption and commencement: adopted on 26 November 1949 after 11 sessions spread over 2 years, 11 months and 18 days; fully in force from 26 January 1950; e.g. citizenship, elections and provisional Parliament provisions took effect on 26 November 1949 (Article 394).
Table 1.2 Office-bearers: Sachchidananda Sinha, temporary President; Rajendra Prasad, President from 11 December 1946; H.C. Mukherjee, Vice-President; B.N. Rau, constitutional adviser. Other leading members: Vallabhbhai Patel (integration of princely States), Maulana Abul Kalam Azad (education and minority rights).
CommitteeChairman
Union Powers CommitteeJawaharlal Nehru
Union Constitution CommitteeJawaharlal Nehru
States Committee (talks with the princely States)Jawaharlal Nehru
Provincial Constitution CommitteeVallabhbhai Patel
Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded AreasVallabhbhai Patel
Rules of Procedure Committee; Steering CommitteeRajendra Prasad
Drafting Committee (29 August 1947)B.R. Ambedkar

The Legitimacy Debate: Colonial Outcome or Sovereign Body?

The Assembly was chosen by colonial legislatures under a British plan, yet it framed a Constitution in the name of the people, so its legitimacy is debated.

  1. Legal-continuity view: the Assembly grew out of colonial institutions: a Cabinet Mission plan, 1935 Act legislatures and powers under a British statute; e.g. Section 8, Indian Independence Act, 1947; electors chosen on a limited, property-based franchise.
  2. Narrow mandate: critics note it was not elected on adult franchise and one party dominated it, so it spoke for a limited electorate; e.g. Congress held about 82% of seats after Partition (NCERT); Granville Austin: “The Assembly was the Congress and the Congress was India”.
  3. Popular-sovereignty view: the Assembly exercised the people’s constituent power and broke the legal chain with Britain, so the Constitution is home-grown (autochthonous); e.g. Objectives Resolution (1946); Article 395 repealed the 1947 and 1935 Acts; no British assent was sought.
  4. On balance: in form it was a legal outcome of colonial developments, but open debates, wide representation and its popular claim made it a sovereign founding body; e.g. thousands of amendments to the Draft were debated; most decisions were taken by consensus.
The legitimacy debate on the Constituent Assembly
Fig. 1.3 The legitimacy debate on the Constituent Assembly

Legacy and Present Relevance

  1. Aid to interpretation: courts read the Assembly Debates to find the framers’ intent when the text is unclear; e.g. Indra Sawhney (1992): Ambedkar’s speech used to read Article 16(4); Puttaswamy (2017): a dropped privacy clause did not bar the right.
  2. Model for review: the Assembly’s mix of change and continuity guided later reviews, which kept the basic framework intact; e.g. NCRWC (2000–2002), chaired by Justice M.N. Venkatachaliah.
  3. Civic memory: the Assembly’s work is recalled every year to spread constitutional awareness among citizens and students; e.g. Samvidhan Divas (Constitution Day) on 26 November since 2015; 75 years of adoption marked in 2024.

Born of colonial machinery but owned by “We, the People”, the Assembly gave India a Constitution resting on popular sovereignty.

Based on NCERT, Standard Books references, Keywords from Syllabus and Previous Year question Papers

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Indian Polity and ConstitutionChapter 01 · Topic 2
Topic 2

Salient Features and Sources of the Constitution

The document the Assembly adopted is a written, supreme law: Article 13 voids any law that takes away Fundamental Rights, and the text now runs to about 470 Articles in 25 Parts and 12 Schedules. Its features were drawn from many models but fitted to India’s diversity, so it is borrowed in parts and original as a whole.

Constitutionalism: Government Limited by Law

  1. Limited government: government power comes from the Constitution and is limited by it through rights, separation of powers and judicial review; e.g. I.R. Coelho (2007): constitutionalism requires limits on power to protect democracy.
  2. What a constitution does: it states national values, creates the three organs, divides power, protects rights and provides for its own change; e.g. Part III rights, Seventh Schedule Lists, Article 368; the basic structure is the legal form of constitutionalism (see Topic 6).

Salient Features of the Constitution

  1. Lengthy and detailed: detail on Centre–State relations, services, elections and special areas reflects India’s size and diversity; e.g. about 470 Articles, 25 Parts and 12 Schedules today (official text, 2026); 395 Articles, 22 Parts and 8 Schedules in 1950.
  2. Rigid and flexible: graded amendment rules let the text adapt without losing its core: easy for routine matters, hard for federal and basic provisions; e.g. 106 amendments since 1950; the three modes and the global comparison (see Topic 5).
  3. Federal with a unitary bias: power is split into three Lists, but residuary powers, emergencies and appointed Governors tilt the balance towards the Centre; e.g. Seventh Schedule; Article 248 (see Ch 3, Topic 1).
  4. Parliamentary government: the President is the formal head, while the Prime Minister and Council of Ministers are collectively responsible to the Lok Sabha; e.g. Articles 74 and 75(3), on the Westminster model.
  5. Rights, directives and duties: justiciable Fundamental Rights sit beside non-justiciable Directive Principles and Fundamental Duties, balancing liberty and welfare; e.g. Part III (six rights), Part IV, Article 51A (11 duties after the 86th Amendment, 2002).
Table 1.3
FeatureProvisionWhat it secures
Integrated, independent judiciaryArticles 124, 214; judicial review under Articles 13, 32, 226One hierarchy of courts guarding the Constitution
Universal adult franchiseArticle 326; voting age 18 by the 61st Amendment (1988); polls run by the Election Commission (Article 324)Political equality of all citizens
Single citizenshipPart II (Articles 5–11)One national identity, unlike dual citizenship in the USA
Secular stateArticles 25–28; in the Preamble since 1976Equal respect for all faiths; no state religion
Emergency provisionsArticles 352, 356, 360Unity and security in a crisis
Three-tier government73rd and 74th Amendments (1992)Panchayats and municipalities as constitutional bodies
Salient features of the Indian Constitution
Fig. 1.4 Salient features of the Indian Constitution

Sources: What India Borrowed and Adapted

  1. Government of India Act, 1935: the largest single source, it supplied the federal scheme, the Governor’s office, the Federal Court, public service commissions and emergency powers; e.g. its three Lists became the Seventh Schedule.
  2. Adapted, not copied: foreign features were changed to suit Indian needs rather than lifted whole, and courts later widened them; e.g. Japan’s “procedure established by law” in Article 21, read as fair procedure in Maneka Gandhi (1978).
Table 1.4
SourceFeatures borrowed
Government of India Act, 1935Federal scheme, office of Governor, judiciary, public service commissions, emergency provisions
United KingdomParliamentary government, Cabinet system, rule of law, single citizenship, bicameralism, writs
United StatesFundamental Rights, judicial review, independent judiciary, checks and balances, impeachment of the President, Vice-President, idea of a Preamble
IrelandDirective Principles, nomination to the Rajya Sabha, method of electing the President
CanadaFederation with a strong Centre, residuary powers with the Centre, Governors appointed by the Centre, advisory jurisdiction
AustraliaConcurrent List, freedom of trade and commerce, joint sitting of Parliament
Weimar GermanySuspension of Fundamental Rights during an Emergency
USSRFundamental Duties; ideal of social, economic and political justice in the Preamble
FranceRepublic; liberty, equality and fraternity in the Preamble
South AfricaAmendment procedure; election of Rajya Sabha members
JapanProcedure established by law (Article 21)
Main sources of the Indian Constitution
Fig. 1.5 Main sources of the Indian Constitution

Constitutional Morality and the Living Constitution

  1. Constitutional morality: those in power and citizens must respect constitutional values and limits, even against popular or majority sentiment; e.g. Manoj Narula (2014): PM expected to avoid ministers facing serious charges; Navtej Johar (2018): constitutional over social morality.
  2. Living constitution: amendments and judicial reading keep the text current, widening rights without rewriting its words; e.g. Puttaswamy (2017): privacy read into Article 21 (see Ch 2, Topic 4); 73rd and 74th Amendments (1992) added local government.

Criticisms of the Constitution and Replies

Table 1.5
CriticismArgumentReply
Too lengthyAbout 470 Articles make it bulkyLength meets India’s diversity and avoids gaps
Bag of borrowingsLacks originalityBorrowed ideas were adapted to Indian needs
Copy of the 1935 Act (Ivor Jennings)Administrative provisions copiedOnly the framework was borrowed; rights, adult franchise and the republic are new
Lawyers’ paradise (Ivor Jennings)Complex legal languagePrecision avoids misreading
Unitary biasThe Centre dominates the StatesA strong Centre keeps unity; S.R. Bommai (1994) made federalism a basic feature
Too rigid or too flexibleCritics differ on how easily it changesA graded procedure balances stability and change

How Original? Criticism and Defence

Critics call the Constitution borrowed, bulky and lawyer-heavy, while its framers held that adapting tested ideas was a strength rather than a weakness.

  1. Borrowed and derivative: critics called it a patchwork of foreign models that reproduced much of the 1935 Act; e.g. Ivor Jennings: derived directly from the 1935 Act; others called it a “bag of borrowings”.
  2. Long and legalistic: its length and technical language make it hard for ordinary citizens to follow and invite litigation; e.g. Ivor Jennings called it a “lawyers’ paradise”.
  3. Ambedkar’s defence: only administrative details came from the 1935 Act; rights, adult franchise and a republic were new, and borrowing is no fault; e.g. Ambedkar (4 November 1948): “There is nothing to be ashamed of in borrowing”.
Criticisms of the Constitution and the replies to them
Fig. 1.6 Criticisms of the Constitution and the replies to them

Review and Way Forward

  1. Periodic review: a broad review body can suggest changes while keeping the basic framework, instead of piecemeal amendment; e.g. NCRWC (2000–2002), report of 31 March 2002.
  2. Cultivating constitutional morality: civic education and respect for constitutional limits by office-holders keep the Constitution working in practice; e.g. Ambedkar (1948): constitutional morality “has to be cultivated”; Fundamental Duty under Article 51A(a).

The Constitution’s originality lies in adaptation: borrowed parts were joined into one design that serves justice, liberty and equality for a diverse people.

Based on NCERT, Standard Books references, Keywords from Syllabus and Previous Year question Papers

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