Polity And Governance

Polity And Governance

SUMMARY

Introduction: Indian Polity in Practice

• Indian polity balances democratic mandate and constitutional guardianship.
• Constitutional heads (President/Governor) act on aid and advice but gain importance in crises.
• Fundamental Rights act as enforceable protections.
• Federalism combines state autonomy with a strong Centre.
• Citizenship debates reflect identity, migration, and inclusion issues.
• Judiciary shapes constitutional meaning through landmark judgments.
• Constitutional friction reflects a living democracy, not systemic failure.

Part A – Power Politics & Constitutional Heads

• Constitutional heads are expected to remain neutral.
• Discretion becomes controversial during:
• • Hung assemblies
  • Government formation
  • Dissolution of assemblies
  • President’s Rule
• Floor test principle (S.R. Bommai case) limits arbitrary dismissal.
• Two narratives:
• • Guardianship (protect Constitution)
  • Partisanship (political misuse)
• Judicial review ensures discretion is not absolute.

Part B – Constitutional Architecture

• Constitution structured into Parts & Schedules.
• Seventh Schedule divides powers (Union, State, Concurrent Lists).
• Emergency provisions (Articles 352, 356, 360) allow exceptional centralisation.
• 1975–77 Emergency shows risks of executive expansion.
• President’s role becomes critical in crises.
• Judiciary ensures emergency powers are reviewable.

Part C – Citizenship

• Citizenship = gateway to political rights.
• Governed by Constitution + Citizenship Act, 1955.
• Modes:
• • Birth
  • Descent
  • Registration
  • Naturalisation
  • Incorporation of territory
• Rights differ for citizens vs non-citizens.
• Citizenship debates link to:
• • Identity
  • Migration
  • Welfare access
  • Electoral implications
• Courts review citizenship laws for constitutional validity.

Part D – Fundamental Rights & DPSP

• Fundamental Rights are justiciable and enforceable.
• Article 21 expanded to include dignity and privacy.
• DPSP guide welfare and social transformation.
• Rights = liberty protection.
• DPSP = welfare direction.
• Basic Structure doctrine protects core constitutional identity.
• Governance is layered (Union–State–Local).

Part E – Federal Structure

• India = “Union of States” with strong Centre.
• Legislative division:
• • Union List
  • State List
  • Concurrent List
• Overlaps create disputes.
• Fiscal federalism shapes real autonomy.
• Finance Commission redistributes resources.
• Federalism = cooperative + competitive.
• Judiciary resolves Centre–State conflicts.

Part F – Judiciary System

• Three-tier structure:
• • Supreme Court
  • High Courts
  • Subordinate Courts
• Ensures:
• • Judicial review
  • Rights enforcement
  • Centre–State dispute resolution
• PIL expanded access to justice.
• Article 21 interpretation broadened liberty.
• Prime Ministers timeline contextualises constitutional evolution.

Part G – Landmark Supreme Court Judgments

• Constitution evolves through judicial interpretation.
• Key themes:
• • Dignity-based rights expansion
  • Privacy (Puttaswamy case)
  • Gender equality
  • Electoral transparency
  • Federal balance (Bommai)
• Basic Structure doctrine limits Parliament’s amending power.
• Courts shape modern governance standards.

SECOND CLUSTER: Governance Themes Beyond Core Constitution

Part I – Criminal Law as Governance Tool

• Criminal law = State’s coercive authority.