Indian Constitution and Polity
Indian Constitution and Polity is usually the largest static section of the paper. It tests the Preamble, the Union and State executive, Parliament and state legislatures, the judiciary, fundamental rights, directive principles, fundamental duties, amendments, emergency provisions, panchayati raj and constitutional bodies. Precise article numbers are the currency of this section.
Core rules
- The Preamble was amended once, by the 42nd Amendment 1976, which added socialist, secular and integrity. It is not enforceable but is part of the Constitution.
- Part III, Articles 12 to 35, contains fundamental rights. Article 32 is the right to constitutional remedies, called the heart and soul of the Constitution by Ambedkar. Article 21A, inserted by the 86th Amendment 2002, guarantees free education from 6 to 14 years.
- Part IV, Articles 36 to 51, contains directive principles, which are not justiciable. Article 40 covers panchayats, 44 uniform civil code, 48A environment, 50 separation of the judiciary.
- Article 51A lists 11 fundamental duties; ten were added by the 42nd Amendment and the eleventh by the 86th.
- A money bill (Article 110) can be introduced only in the Lok Sabha; the Rajya Sabha must return it within 14 days.
- Emergency: Article 352 national, 356 President’s rule, 360 financial. The 44th Amendment 1978 replaced internal disturbance with armed rebellion.
- Panchayati raj: 73rd Amendment (Part IX, Eleventh Schedule) and 74th Amendment (Part IXA, Twelfth Schedule), both 1992.
Worked example
Question: Which article governs preventive detention, and what protection applies? Reasoning: Article 22 has two distinct halves. The first gives ordinary arrested persons grounds of arrest, a lawyer and production before a magistrate within 24 hours. The second covers preventive detention, where the 24-hour rule does not apply, but detention beyond three months requires an advisory board. Answer: Article 22, with the advisory board safeguard.
Traps
- Mixing the 42nd Amendment (1976) with the 44th (1978).
- Confusing Article 32 with Article 226, and fundamental rights with non-justiciable directive principles.
- Treating NHRC or the National Commission for Women as constitutional bodies; they are statutory.