📘 Chapter 4 – Distribution of Power in Indian Constitution

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Summary (Detailed)

India got independence in 1947, and a new Constitution came into force on 26 January 1950. The Constitution is the supreme law of the land and provides the framework for democratic governance. To prevent misuse of power, it divides powers between the Legislature (makes laws), Executive (implements laws), and Judiciary (interprets laws). It also provides for federalism, meaning power is shared between the Union Government and the State Governments, though the Centre is stronger. Important features include Fundamental Rights, Directive Principles, Fundamental Duties, Bicameral Legislature, and Judicial Review. The Constitution ensures justice, equality, liberty, and fraternity, protecting democracy and citizens’ rights.

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Definitions / Keywords

• Constitution – The supreme law of the country which decides how India is governed.

• Objective Resolution – Introduced by Jawaharlal Nehru in 1946, it laid the foundation for the Indian Constitution.

• Parliamentary Democracy – System where the executive (PM and ministers) is responsible to the legislature (Parliament).

• Federalism – Power-sharing between Centre and States.

• Union List – Subjects only the Centre can make laws on (e.g., Defence).

• State List – Subjects only the States can legislate on (e.g., Police).

• Concurrent List – Subjects where both Centre and States can legislate (e.g., Education).

• Residuary Powers – Subjects not in any list; Centre has authority (e.g., Cyber laws).

• Fundamental Rights – Basic rights guaranteed to every citizen (Equality, Freedom, etc.).

• Directive Principles – Guidelines to create a welfare state (e.g., free education, equal pay).

• Judicial Review – Power of courts to strike down unconstitutional laws.

• Bicameral Legislature – Two houses of Parliament (Lok Sabha + Rajya Sabha).

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Capsule Notes / Key Points

• Constitution of India: World’s largest written Constitution (~1.5 million words).

• Adopted: 26 Nov 1949 | Enforced: 26 Jan 1950.

• Features: Written, Flexible + Rigid, Federal system with unitary bias, Independent Judiciary, Fundamental Rights, Duties, Directive Principles.

• Division of Powers:

  • Union List (Central Govt.) – Defence, Foreign Affairs, Railways, Banking.

  • State List (State Govt.) – Agriculture, Police, Local Govt.

  • Concurrent List (Both) – Education, Marriage, Forests.

  • Residuary Powers – New subjects → Centre (e.g., Space Research, Cyber Laws).

• Organs of Government:

  • Legislature – Makes laws (Parliament + State Assemblies).

  • Executive – Implements laws (President, PM, Council of Ministers, Governor, CM).

  • Judiciary – Ensures justice, checks misuse of power (Supreme Court, High Courts).

• Fundamental Rights – 6 categories: Equality, Freedom, Against Exploitation, Freedom of Religion, Cultural & Educational Rights, Constitutional Remedies.

• Fundamental Duties – 11 duties (e.g., respect National Flag, preserve heritage, protect environment).

• Directive Principles – Aim for social & economic justice (e.g., free education, welfare of workers).

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Questions & Answers

1 Mark Questions

1. Who introduced the Objective Resolution in the Constituent Assembly?
   Ans: Jawaharlal Nehru.

2. When did the Constitution of India come into effect?
   Ans: 26 January 1950.

3. Which part of the Constitution contains Fundamental Rights?
   Ans: Part III.

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2 Mark Questions

1. What do you mean by Residuary Powers? Give one example.
   Ans: Powers not mentioned in Union, State, or Concurrent Lists are Residuary Powers. Example: Cyber Laws.

2. Differentiate between Lok Sabha and Rajya Sabha.
   Ans:

   • Lok Sabha – Directly elected, 543 members, controls govt., dissolvable.

   • Rajya Sabha – Indirectly elected, 250 members, permanent body, reviews laws.

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3 Mark Questions

1. Explain the division of powers between Centre and States in India.
   Ans:

   • Union List – Defence, Railways, Banking – Centre only.

   • State List – Police, Agriculture, Local Govt. – States only.

   • Concurrent List – Education, Forests, Marriage – Both, but Centre prevails on conflict.

   • Residuary Powers – New subjects (Cyber Laws, Atomic Energy) – Centre.

2. How does the Judiciary protect the Constitution?
   Ans:

   • Exercises Judicial Review (strikes down unconstitutional laws).

   • Ensures protection of Fundamental Rights (via Writs).

   • Acts as guardian of Constitution and maintains rule of law.

3. Write a short note on Directive Principles of State Policy (DPSP).
   Ans:

   • Non-justiciable (not legally enforceable) guidelines to Govt.

   • Aim to establish welfare state (equal pay, education, health care).

   • Inspired by Irish Constitution.

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Confusing Facts Simplified

• Rigid or Flexible Constitution? → Both. Some provisions need simple majority (easy), others need 2/3 majority (rigid).

• President vs Prime Minister → President = Nominal head (ceremonial). PM = Real head (decision-maker).

• India – Federal or Unitary? → Federal with a strong Centre (called Quasi-federal).

• Fundamental Rights vs Directive Principles → Rights are enforceable in court; Principles are not.

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Examples / Applications

• Amendments in Action:

  • 42nd Amendment (1976) → Added words Socialist, Secular, Integrity to Preamble.

  • 61st Amendment (1989) → Reduced voting age to 18.

  • 86th Amendment (2002) → Made education a Fundamental Right.

  • 101st Amendment (2016) → Introduced GST.

• Judicial Review in Action:

  • Kesavananda Bharati Case (1973) → Basic Structure of Constitution cannot be changed.

  • Right to Privacy Case (2017) → Declared Privacy a Fundamental Right.

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Quick Notes / Short Points

• Constitution adopted: 26 Nov 1949 | Enforced: 26 Jan 1950.

• Longest written constitution.

• Legislature = Law making; Executive = Law implementation; Judiciary = Law interpretation.

• 7th Schedule – Union, State, Concurrent Lists.

• Federalism – Centre stronger than States.

• Lok Sabha = Powerful House. Rajya Sabha = Review House.

• Judiciary = Guardian of Constitution.

• Amendments → Keep Constitution updated.

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Diagram / Table

Division of Powers – 7th Schedule

List	Examples	Authority
Union List	Defence, Railways, Banking	Central Govt.
State List	Police, Agriculture, Health	State Govt.
Concurrent List	Education, Marriage, Forests	Both (Centre prevails if conflict)
Residuary	Cyber Laws, Atomic Energy	Central Govt.

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Three Organs of Government

                 CONSTITUTION
     ---------------------------------
     |             |                |
 Legislature   Executive       Judiciary
 (Makes laws) (Implements laws) (Interprets laws)
 Parliament    PM, President     Supreme Court
 State Assemblies  Governors     High Courts