GS Notes

17. Polity Notes 01

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Elaborate Notes

The Need for a Constitution

A constitution is the fundamental law of a land, establishing the framework for governance and defining the relationship between the state and its citizens. Its necessity arises from fundamental principles of political philosophy and societal dynamics.

  • Counteracting Societal Entropy: In political philosophy, the concept of a “state of nature” as described by thinkers like Thomas Hobbes in his seminal work Leviathan (1651), posits that without a governing authority, human life would be “solitary, poor, nasty, brutish, and short.” This is analogous to the concept of ‘entropy’ mentioned in the summary, where a society, left to its own devices, trends towards chaos and anarchy. The constitution acts as a social contract, where individuals surrender some of their freedoms to a sovereign authority in exchange for security, order, and the protection of their remaining rights.
  • Constraining Self-Interest: Human behaviour is often driven by self-interest. While not inherently negative, unchecked self-interest can morph into selfish interest, leading to exploitation, corruption, and the domination of the weak by the powerful. A constitution establishes a system of laws and institutions that channels and constrains this self-interest. For instance, the Fundamental Rights in Part III of the Indian Constitution, particularly Articles 14 (Equality before Law) and 21 (Protection of Life and Personal Liberty), act as a bulwark against the arbitrary exercise of power by the state or powerful individuals.
  • Establishing the Rule of Law: The constitution is the ultimate source of law, ensuring that governance is conducted according to established principles and not the whims of individuals. This concept, famously articulated by A.V. Dicey in Introduction to the Study of the Law of the Constitution (1885), has three main pillars:
    1. Supremacy of Law: No person can be punished except for a breach of law established in an ordinary legal manner before the ordinary courts.
    2. Equality before the Law: All citizens are equally subject to the law of the land, regardless of their position or rank.
    3. Predominance of Legal Spirit: The constitution is the result of the rights of individuals as defined and enforced by the courts. The Indian Constitution embodies this by establishing an independent judiciary with the power of judicial review (Article 13).
  • Guaranteeing Rights and Accountability: A constitution delineates the rights and freedoms of citizens, which the state is bound to protect. It also establishes mechanisms for holding the government accountable to the people, such as regular elections, legislative oversight (question hour, no-confidence motions), and an independent judiciary. This ensures that the government remains a servant of the people, not their master. The survival and flourishing of a civilization are contingent on a stable administrative system that can deliver justice and welfare, a task made possible by the clear guidelines and limitations provided by a written constitution.

Historical Underpinnings of the Indian Constitution

The Constitution of India is not a sudden creation but the culmination of a long historical process of constitutional development under British rule. These colonial-era acts, though designed to serve British interests, inadvertently laid the structural groundwork for India’s future parliamentary and federal system.

  • The Regulating Act of 1773: This was the first significant step by the British Parliament to regulate the affairs of the East India Company (EIC) in India.
    • Context: Rampant corruption among EIC officials, the company’s near bankruptcy despite the wealth extracted from India, and the devastating Bengal famine of 1770 forced the British government to intervene.
    • Provisions: It designated the Governor of Bengal as the ‘Governor-General of Bengal’ (Warren Hastings was the first), created an Executive Council of four members to assist him, and established a Supreme Court at Calcutta in 1774. It aimed to bring the company’s political and administrative functions under parliamentary scrutiny by requiring the Court of Directors (the governing body of the EIC) to report on its revenue, civil, and military affairs in India.
  • Indian Councils Act of 1909 (Morley-Minto Reforms): This act was a response to the rising tide of nationalism and the British policy of ‘divide and rule’.
    • Context: The partition of Bengal in 1905 had fueled extremist nationalism. The British sought to placate moderate nationalists by increasing Indian participation in legislative councils while also trying to weaken the nationalist movement by dividing Indians along religious lines.
    • Provisions: It significantly increased the size of the legislative councils, both at the Centre and in the provinces. Crucially, it introduced the principle of ‘separate electorates’ for Muslims. This meant that Muslim members were to be elected only by Muslim voters. This act is widely seen by historians like Bipan Chandra in India’s Struggle for Independence as a move that “legalised communalism” and sowed the seeds of the partition of India.
  • Government of India Act of 1919 (Montagu-Chelmsford Reforms): Enacted in the aftermath of World War I, this act aimed to introduce self-governing institutions gradually.
    • Context: India’s significant contribution to the war effort and the rise of the Home Rule Leagues led by Annie Besant and Bal Gangadhar Tilak created pressure for constitutional reforms.
    • Provisions: It introduced ‘dyarchy’ in the provinces. Provincial subjects were divided into ‘Transferred’ subjects (e.g., education, health), administered by the governor with the aid of ministers responsible to the legislative council, and ‘Reserved’ subjects (e.g., finance, police), administered by the governor and his executive council without being responsible to the legislature. It also introduced bicameralism and direct elections in the country for the first time.
  • Simon Commission and Round Table Conferences: The Act of 1919 provided for a commission to be appointed after 10 years to study its effects. The Simon Commission (1927), an all-white body, was boycotted by Indians. Its report led to a series of three Round Table Conferences (1930-32) in London to discuss future constitutional reforms. The disagreements, especially between Mahatma Gandhi and B.R. Ambedkar over separate electorates for depressed classes, culminated in the Poona Pact (1932), which provided for reserved seats instead of separate electorates.
  • Government of India Act of 1935: This was the longest and most detailed act passed by the British Parliament and formed the bedrock of the present Indian Constitution.
    • Context: The act was the outcome of the Simon Commission report, the Round Table Conferences, and the British government’s White Paper on Constitutional Reforms.
    • Provisions: It provided for the establishment of an All-India Federation (which never came into being as the princely states did not join). It abolished dyarchy in the provinces and introduced ‘provincial autonomy’. It introduced bicameralism in six out of eleven provinces. It provided for the establishment of a Federal Court (which was set up in 1937). Crucially, it provided for a detailed division of powers between the Centre and the provinces through three lists: Federal List, Provincial List, and Concurrent List. The political scientist Granville Austin, in his book The Indian Constitution: Cornerstone of a Nation (1966), argues that while the Indian Constituent Assembly adopted the structural framework of the 1935 Act, it fundamentally reoriented it to serve the goals of a democratic, sovereign republic.

Prelims Pointers

  • The Regulating Act of 1773 designated the Governor of Bengal as the Governor-General of Bengal.
  • The first Governor-General of Bengal was Warren Hastings.
  • A Supreme Court was established at Calcutta by the Regulating Act of 1773.
  • The Indian Councils Act of 1909 is also known as the Morley-Minto Reforms.
  • The system of communal representation (separate electorates) for Muslims was introduced by the Indian Councils Act, 1909.
  • The Government of India Act of 1919 is also known as the Montagu-Chelmsford Reforms.
  • Dyarchy, the division of provincial subjects into ‘transferred’ and ‘reserved’, was introduced by the GoI Act, 1919.
  • The GoI Act, 1919 introduced bicameralism at the Centre for the first time.
  • The Simon Commission was appointed in 1927 to review the functioning of the GoI Act, 1919.
  • The Government of India Act of 1935 provided for an All-India Federation, Provincial Autonomy, and a Bicameral legislature in some provinces.
  • The three legislative lists (Federal, Provincial, Concurrent) were introduced by the Government of India Act, 1935.
  • The Federal Court, the precursor to the Supreme Court of India, was established under the provisions of the GoI Act, 1935.

Mains Insights

  • The Constitution as a Social Contract and a Tool for Revolution:
    • Cause-Effect: The experience of colonial exploitation and deep-seated social inequalities (like the caste system) created the need for a constitution that was not merely a political document but a social one.
    • Historiographical Viewpoint: Granville Austin views the Indian Constitution as a vehicle for “social revolution.” He argues that the Fundamental Rights (Part III) and the Directive Principles of State Policy (Part IV) together form the ‘conscience of the constitution’. While Rights protect individuals from state excesses, the Directives guide the state towards creating a new social order based on justice, liberty, equality, and fraternity. Thus, the constitution aims to simultaneously ensure political democracy and usher in socio-economic democracy.
  • Continuity and Change: The Legacy of the GoI Act, 1935:
    • Debate: A key debate revolves around whether the Indian Constitution is a mere “copy-paste” of the 1935 Act or an original document embodying the ideals of the freedom struggle.
    • Argument for Continuity (The “Copy-Paste” view): The structural similarities are undeniable. The federal scheme, the three-list division of power, the office of the governor, the bicameral legislature, and the provisions for emergency powers were largely drawn from the 1935 Act. This was done for administrative and political continuity.
    • Argument for Change (The “Original Document” view): The philosophical underpinnings are completely different. The 1935 Act lacked sovereignty, which resided with the British Crown. The Indian Constitution derives its authority from “We, the People of India.” Furthermore, the Indian Constitution introduced a charter of justiciable Fundamental Rights, universal adult franchise, and an independent judiciary with the power of judicial review, which were absent in the 1935 Act. Dr. B.R. Ambedkar acknowledged borrowing the administrative details but emphasized that the spirit of the constitution was fundamentally democratic and aimed at the welfare of the Indian people.
  • The Impact of Communal Electorates on the Indian Federation:
    • Cause-Effect Relationship: The introduction of separate electorates by the Morley-Minto Reforms (1909) and their subsequent expansion created legal and political divisions between communities. This policy of ‘divide and rule’ hindered the development of a unified national identity. It culminated in the demand for a separate nation and the tragic partition of 1947.
    • Analytical Perspective: The Constituent Assembly, having witnessed the devastating consequences of separate electorates, firmly rejected them. Instead, they opted for a system of ‘joint electorates’ with ‘reserved seats’ for Scheduled Castes and Scheduled Tribes for a limited period. This was a conscious choice to foster a common national identity and ensure that every representative was accountable to a composite electorate, thereby strengthening the secular and federal fabric of the nation.

Previous Year Questions

Prelims

  1. The distribution of powers between the Centre and the States in the Indian Constitution is based on the scheme provided in the (UPSC Prelims 2012 - Note: This is a foundational question often repeated in spirit) (a) Morley-Minto Reforms, 1909 (b) Montagu-Chelmsford Act, 1919 (c) Government of India Act, 1935 (d) Indian Independence Act, 1947 Answer: (c) The three-list system (Federal, Provincial, Concurrent) in the GoI Act, 1935 is the direct precursor to the Seventh Schedule of the Indian Constitution.

  2. In the context of Indian history, the principle of ‘Dyarchy (diarchy)’ refers to (UPSC Prelims 2017) (a) Division of the central legislature into two houses. (b) Introduction of double government i.e., Central and State governments. (c) Having two sets of rulers; one in London and another in Delhi. (d) Division of the subjects delegated to the provinces into two categories. Answer: (d) Dyarchy, as introduced by the GoI Act, 1919, divided provincial subjects into Transferred and Reserved categories.

  3. With reference to the proposals of Cripps Mission, consider the following statements: (UPSC Prelims 2022)

    1. The Constituent Assembly would have members nominated by the Provincial Assemblies as well as the Princely States.
    2. Any Province, which is not prepared to accept the new Constitution would have the right to sign a separate agreement with Britain regarding its future status. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Answer: (b) Statement 1 is incorrect as members from provincial assemblies were to be elected, not nominated. Statement 2 is correct as it provided a “secession” clause, which was a major point of contention.

  4. Under the Government of India Act, 1919, the Indian Legislature was made more representative and for the first time bicameral. Which of the following was/were the feature(s) of the Act? (UPSC CSE - CDS 2022)

    1. It introduced a system of direct elections to the legislature.
    2. It provided for dyarchy in the Provinces.
    3. It extended the principle of communal representation. Select the correct answer using the code given below: (a) 1 only (b) 2 and 3 only (c) 1 and 2 only (d) 1, 2 and 3 Answer: (d) The GoI Act, 1919 introduced direct elections (though with a limited franchise), dyarchy in provinces, and extended communal representation to Sikhs, Indian Christians, Anglo-Indians, and Europeans.

  5. Which of the following is/are the principal feature(s) of the Government of India Act, 1919? (UPSC Prelims 2012 - Note: Foundational question)

    1. Introduction of dyarchy in the executive government of the provinces.
    2. Introduction of separate communal electorates for Muslims.
    3. Devolution of legislative authority by the centre to the provinces. Select the correct answer using the codes given below: (a) 1 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 Answer: (c) Statement 2 is incorrect as separate electorates for Muslims were introduced by the Act of 1909. The 1919 Act introduced dyarchy and devolved authority by demarcating central and provincial subjects.

Mains

  1. The Indian Constitution has provisions for holding the Union and the States accountable to the people. Enumerate such provisions. (UPSC Mains 2023 - GS Paper II)

    • Answer Structure:
      • Introduction: Define accountability as a cornerstone of democracy and state that the Indian Constitution embeds it through various mechanisms.
      • Accountability of the Union: Explain mechanisms like regular elections (Art. 326), collective responsibility of the Council of Ministers to Lok Sabha (Art. 75), individual ministerial responsibility, parliamentary devices (question hour, debates), role of parliamentary committees (PAC, Estimates Committee), and judicial review.
      • Accountability of the States: Mention similar mechanisms at the state level - elections to state assemblies, responsibility of state ministers to the assembly (Art. 164), legislative oversight, and role of institutions like the State Finance Commission and State Election Commission for local bodies.
      • Overall Accountability Mechanisms: Discuss the role of an independent judiciary, constitutional bodies like the CAG, ECI, and statutory bodies like the CVC and Lokpal. Mention the Right to Information Act as a tool for citizen-led accountability.
      • Conclusion: Conclude by stating that these provisions create a robust framework for accountability, which is essential for good governance and sustaining the democratic ethos.

  2. To what extent, in your opinion, has the decentralisation of power in India changed the governance landscape at the grassroots? (UPSC Mains 2022 - GS Paper II)

    • Answer Structure:
      • Introduction: Briefly explain the concept of decentralisation and its constitutional basis through the 73rd and 74th Constitutional Amendment Acts, 1992.
      • Positive Changes in Governance Landscape: Discuss empowerment of local communities, promotion of participatory democracy, better implementation of welfare schemes, inclusion of marginalized sections (women, SCs/STs) through reservations, and acting as nurseries for political leadership.
      • Challenges and Limitations: Mention issues of the 3 Fs - lack of sufficient Funds, Functions, and Functionaries. Discuss political interference, the creation of a local elite (Sarpanch-pati), and inadequate capacity building.
      • Conclusion: Conclude that while decentralisation has fundamentally altered the governance landscape by bringing democracy to the grassroots, its full potential is yet to be realized due to structural and functional challenges that require sustained reforms.

  3. Many voices had strengthened and enriched the nationalist movement during the Gandhian phase. Elaborate. (UPSC Mains 2019 - GS Paper I)

    • Answer Structure:
      • Introduction: State that while Mahatma Gandhi was the pre-eminent leader, the nationalist movement was a symphony of many diverse voices and ideologies that co-existed and contributed.
      • Different Voices:
        • Revolutionaries: Mention Bhagat Singh, Chandrashekhar Azad, and their contribution through HSRA, which provided a radical alternative and inspired youth.
        • Socialists & Communists: Discuss the role of Jawaharlal Nehru, Subhas Chandra Bose, and the Congress Socialist Party (CSP) in bringing a socio-economic dimension (land reforms, workers’ rights) to the freedom struggle. Mention the role of the Communist Party of India.
        • Leaders of the Depressed Classes: Elaborate on Dr. B.R. Ambedkar’s role in advocating for social justice and political rights for Dalits, culminating in the Poona Pact.
        • Business Class: Discuss the role of industrialists like G.D. Birla and Jamnalal Bajaj who supported the movement financially and ideologically.
        • Women Leaders: Mention Sarojini Naidu, Aruna Asaf Ali, and others who were at the forefront of movements like the Civil Disobedience and Quit India Movement.
      • Conclusion: Conclude that this multiplicity of voices made the Indian nationalist movement broad-based, inclusive, and resilient, shaping the pluralistic and democratic nature of the future Indian state.

  4. “The basic structure of the constitution is built on the basic foundation of the dignity and freedom of the individual which is of supreme importance and cannot be destroyed by any form of amendment.” Comment. (UPSC Mains 2023 - GS Paper II)

    • Answer Structure:
      • Introduction: Explain the origin of the Basic Structure Doctrine in the Kesavananda Bharati case (1973) as a judicial innovation to protect the core identity of the Constitution from the Parliament’s amending power under Article 368.
      • Dignity and Freedom as the Core: Argue that key elements of the basic structure, such as fundamental rights, judicial review, rule of law, democracy, and secularism, are all aimed at upholding individual dignity and freedom. Use examples: Article 21 (Right to Life and Personal Liberty) has been interpreted to include the right to live with dignity. Freedom of speech (Article 19) is central to individual self-expression.
      • How the Doctrine Protects this Foundation: Explain how the Supreme Court has used this doctrine to strike down constitutional amendments that violated this core, for example, in the Minerva Mills case (1980) where it struck down clauses that gave primacy to all DPSPs over Fundamental Rights and in the NJAC case (2015) to protect the independence of the judiciary, a guarantor of freedoms.
      • Conclusion: Conclude that the Basic Structure Doctrine acts as the ultimate safeguard for the constitutional philosophy centered on individual dignity and freedom, ensuring that the Constitution remains a living document for a liberal democracy and not just a tool for the parliamentary majority.

  5. Critically examine the Government of India Act of 1935 as the blueprint of the Indian Constitution. (Hypothetical/Model Question based on topic)

    • Answer Structure:
      • Introduction: Acknowledge that the GoI Act, 1935, provided the skeletal framework for the Indian Constitution, but emphasize that the soul and spirit were uniquely Indian, derived from the ideals of the freedom struggle.
      • Provisions Borrowed (The ‘Blueprint’ Aspect): Detail the features directly adopted or adapted:
        • Federal Scheme (division of powers, three lists).
        • Office of Governor (though the role was redefined).
        • Bicameral central legislature.
        • Establishment of a Federal Court (became the Supreme Court).
        • Emergency provisions.
      • Fundamental Departures (The ‘Critical Examination’ Aspect): Highlight the crucial differences that make the Indian Constitution a distinct document:
        • Sovereignty: Shifted from the British Crown to “We, the People of India”.
        • Fundamental Rights: A justiciable bill of rights was introduced, which was absent in the 1935 Act.
        • Universal Adult Franchise: The 1935 Act had a very limited franchise (about 10% of the population), while the Constitution established a full-fledged democracy.
        • Directive Principles of State Policy: A novel feature aimed at creating a welfare state.
        • Republicanism: India became a republic with an elected head of state, unlike the dominion status envisaged earlier.
      • Conclusion: Conclude that while the administrative and structural details were borrowed for the sake of continuity, the Indian Constitution transformed this colonial framework by infusing it with a democratic, sovereign, and welfarist spirit, making it far more than just a copy of its predecessor.

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