Indian Political System: Constitution, Rights, Institutions and Federalism for RBI Grade B ESI

Last updated: 2026-11-11 · MockMentor

The "Indian Political System" is part of the Social Structure in India unit of the RBI Grade B Phase 2 Economic and Social Issues (ESI) syllabus. Economic and social policy is made and checked through political institutions: Parliament passes laws, the executive runs schemes, courts protect rights and the federal structure divides power between the Centre and states. This chapter covers the Constitution, the rights and duties it creates, the main institutions and the working of Indian federalism.

In one line: India is a sovereign, socialist, secular, democratic republic with a written Constitution, a parliamentary form of government, a federal structure with a strong Centre, and an independent judiciary that guards fundamental rights.

Basic concepts

• Polity: the organised political structure of a society: its government, institutions and the rules under which they work.
• Constitution: the supreme law of a country, which sets up the institutions of government, divides powers among them and protects citizens' rights.
• Constitutionalism: the idea that government power must be limited by law and that the Constitution is above all organs of the state.
• Federalism: a system in which power is divided between a central government and regional governments, each with its own sphere.
• Parliamentary system: a system in which the executive comes from and is accountable to the legislature.
• Judicial review: the power of courts to strike down laws and executive actions that violate the Constitution.
• Basic structure: core features of the Constitution that Parliament cannot change even by amendment.

Why in News?

1. Census 2027, with population enumeration in February 2027, will be the basis for the next delimitation of constituencies and for implementing one-third reservation for women in the Lok Sabha and state assemblies under the 106th Amendment Act, 2023.
2. The Sixteenth Finance Commission's report, tabled on 1 February 2026, set out the sharing of central taxes with states for 2026 to 2031, a key part of fiscal federalism.
3. The Supreme Court's rulings on matters such as reservation, the powers of Governors over state Bills and the rights of citizens continue to shape the balance between institutions.

The Constitution of India

Making of the Constitution

The Constituent Assembly, formed under the Cabinet Mission Plan (1946), met for the first time on 9 December 1946. Dr Rajendra Prasad was its President, and Dr B.R. Ambedkar chaired the Drafting Committee. The Constitution was adopted on 26 November 1949 (Constitution Day) and came into force on 26 January 1950 (Republic Day). It took about 2 years, 11 months and 18 days.

Types of constitutions

Sources of the Constitution

The Preamble

The Preamble declares India a "sovereign, socialist, secular, democratic republic" (the words socialist and secular were added by the 42nd Amendment, 1976) and promises justice (social, economic and political), liberty, equality and fraternity. In Kesavananda Bharati (1973), the Supreme Court held that the Preamble is part of the Constitution.

A living document

The Constitution has been amended more than 100 times. Courts have expanded its meaning: the right to life under Article 21 now includes the right to a clean environment, livelihood, education, health, privacy and dignity.

Federal and unitary features

Scholars have described India as "quasi-federal" (K.C. Wheare), a "federation with a centralising tendency" (Ivor Jennings) and an example of "cooperative federalism" (Granville Austin). Ambedkar called it a "Union of States" because states have no right to secede. In S.R. Bommai (1994), the Supreme Court held federalism to be part of the basic structure.

Parliamentary and presidential systems

The Constituent Assembly chose the parliamentary system for its responsibility and familiarity, though it gives less stability than a presidential one.

Fundamental rights

Part III (Articles 12 to 35) contains fundamental rights, enforceable in courts.

The right to property was removed from the list of fundamental rights by the 44th Amendment (1978) and made a legal right under Article 300A. The courts can issue five writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto. The Supreme Court recognised privacy as a fundamental right in K.S. Puttaswamy (2017).

Article 33 allows Parliament to restrict fundamental rights of members of the armed forces, police and intelligence agencies to ensure discipline.

Judicial review and the amending power

Article 13 says that laws inconsistent with fundamental rights are void. Article 368 gives Parliament the power to amend the Constitution. The conflict between the two produced a series of landmark cases:

Elements of the basic structure recognised by the courts include the supremacy of the Constitution, the republican and democratic form of government, secularism, federalism, separation of powers, judicial review, the rule of law and free and fair elections.

Directive Principles of State Policy

Part IV (Articles 36 to 51) contains principles the state should follow in making laws, but they are not enforceable by courts. They aim at a welfare state.

Why non-justiciable?

The framers made them non-justiciable because the young country lacked the resources to implement them all at once. Ambedkar called them "instruments of instructions". They are "fundamental in the governance of the country" (Article 37).

Fundamental rights and directive principles

The relationship was shaped by the courts. In Champakam Dorairajan (1951), fundamental rights were held to prevail. Golak Nath (1967) reaffirmed this. Parliament added Article 31C (25th Amendment, 1971) to protect laws giving effect to Articles 39(b) and (c). In Kesavananda Bharati, this was upheld in part. In Minerva Mills (1980), the court held that fundamental rights and directive principles must be balanced, and harmony between them is part of the basic structure.

Fundamental duties

The Swaran Singh Committee (1976) recommended adding fundamental duties. The 42nd Amendment inserted ten duties in Article 51A; the 86th Amendment (2002) added an eleventh, the duty of parents to give their children aged 6 to 14 opportunities for education. Duties include respecting the Constitution, the national flag and anthem; upholding sovereignty and unity; promoting harmony and renouncing practices derogatory to women; protecting the environment; developing scientific temper; safeguarding public property; and striving for excellence. They are not directly enforceable.

The Union executive

The President

Powers of the President:

• Executive: all executive action is taken in the President's name; appoints the Prime Minister, ministers, Governors, judges, the Comptroller and Auditor General, the Chief Election Commissioner and others.
• Legislative: summons and prorogues Parliament, dissolves the Lok Sabha, addresses Parliament, gives assent to Bills and can issue ordinances when Parliament is not in session (Article 123).
• Financial: Money Bills need the President's recommendation; the budget is laid before Parliament in the President's name; appoints the Finance Commission.
• Judicial: can grant pardons, reprieves and remissions (Article 72).
• Military and diplomatic: supreme commander of the armed forces; international treaties are made in the President's name.
• Emergency: national emergency (Article 352), President's rule in states (Article 356) and financial emergency (Article 360).

Veto powers over Bills:

Under Article 74, the President acts on the aid and advice of the Council of Ministers; the 42nd and 44th Amendments made this advice binding, though the President can return it once for reconsideration.

The Vice-President

The Vice-President is elected by both Houses of Parliament and is the ex-officio Chairman of the Rajya Sabha. C.P. Radhakrishnan was elected Vice-President in September 2025.

The Prime Minister and Council of Ministers

The Prime Minister is the real head of the executive, appointed by the President as the leader of the majority in the Lok Sabha. The Council of Ministers is collectively responsible to the Lok Sabha (Article 75). The 91st Amendment (2003) limited the size of the Council of Ministers to 15% of the Lok Sabha's strength.

Parliament

Parliament makes laws, controls the executive through questions, debates, committees and no-confidence motions, controls finances by passing the budget, amends the Constitution and elects the President and Vice-President. Its committees, such as the Public Accounts Committee and the Estimates Committee, are important for financial accountability.

The judiciary

India has a single integrated judiciary, with the Supreme Court at the top, High Courts in states and subordinate courts below. The Supreme Court is the guardian of the Constitution and fundamental rights. Judges are appointed through the collegium system, developed through the "Three Judges Cases" (1981, 1993 and 1998); the National Judicial Appointments Commission Act, 2014 was struck down in 2015. Surya Kant became Chief Justice of India in November 2025.

Public Interest Litigation, which allows anyone to approach the court on behalf of those who cannot, has made courts a powerful instrument of social justice, though critics warn of judicial overreach.

Centre-state relations and federalism

Commissions on Centre-state relations, the Sarkaria Commission (1988) and the Punchhi Commission (2010), recommended consulting states on Governors, limiting the use of Article 356 and strengthening the Inter-State Council. In S.R. Bommai (1994), the Supreme Court limited the misuse of President's rule by making it subject to judicial review.

Current issues include disputes over Governors' delays on state Bills, the sharing of revenue under GST and from cesses, the use of central agencies, and the effect of delimitation on the representation of southern states.

Local self-government

The 73rd and 74th Constitutional Amendments (1992) created a third tier of government: panchayats in rural areas (Part IX, Eleventh Schedule with 29 subjects) and municipalities in urban areas (Part IXA, Twelfth Schedule with 18 subjects). They mandate regular elections every five years, reservation for SCs, STs and women (at least one-third), State Election Commissions and State Finance Commissions. Their working depends on how much power, money and staff states transfer to them.

Constitutional and other bodies

Challenges in the political system

• Criminalisation of politics and the high cost of elections.
• Delays in courts: over 5 crore pending cases across courts.
• Weak functioning of Parliament: fewer sitting days, frequent disruptions and Bills passed with little debate.
• Strains in Centre-state relations.
• Low representation of women in legislatures, pending the implementation of the 2023 reservation.
• Weak local governments.

Way forward

• Electoral reforms: transparent political funding, faster disposal of cases against legislators, and steps against misinformation.
• Judicial reforms: more judges, better court infrastructure and use of technology.
• Strengthen Parliament through more sitting days and committee scrutiny of Bills.
• Strengthen cooperative federalism through the Inter-State Council and timely transfers to states and local bodies.
• Implement women's reservation in legislatures after delimitation.

Possible exam and interview questions

1. "The Indian Constitution is federal in form but unitary in spirit." Discuss. (420 words)
2. Trace the evolution of the basic structure doctrine and assess its significance for Indian democracy. (620 words)
3. Compare fundamental rights and directive principles of state policy. How have the courts resolved conflicts between them?
4. Explain the powers of the President of India. Is the President a mere figurehead?
5. Interview: Should there be a fixed time limit for Governors and the President to act on Bills passed by legislatures?

Related reading: multiculturalism, social justice, and fiscal policy and the Finance Commission.

More in ESI

• National Income
• Human Development
• Poverty
• Employment
• Sustainable Development

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