Indian Polity and Constitution Notes for APPSC, DSC & AP Police

Indian polity is the one subject that appears in almost every Andhra Pradesh recruitment paper. APPSC general studies, the AP DSC general knowledge and teaching-aptitude sections, and the AP Police Constable and SI papers all draw questions from the same core: the Preamble, Part III on Fundamental Rights, the Directive Principles, how Parliament and the State Legislature work, and the courts. The questions are usually short and factual, so the winning method is not long reading but a clean map that connects each topic to its article number and its year.

These notes follow that map. Every article number, clause, age limit and amendment year below was checked against the Constitution of India text published by the Legislative Department (Ministry of Law and Justice) in its edition updated to the 106th Amendment, as on 1 May 2024. Case names and years were cross-checked against a reference summary. Static constitutional facts rarely change, but numbers set by ordinary law, such as the strength of the Supreme Court or the number of High Court judges, can change by an Act of Parliament, so they are marked. Nothing here names a person who currently holds an office; offices are described, not occupants. The Andhra Pradesh angle is handled in a dedicated section, and the local-body chapters are covered in the separate AP polity and Panchayati Raj notes so they are not repeated here.

1. How the Constitution was made

The Constituent Assembly first met on 9 December 1946. Its Drafting Committee was set up on 29 August 1947 under B. R. Ambedkar as chairman. On 13 December 1946 the Objectives Resolution was moved, and its ideals became the basis of the Preamble. The Constitution was adopted on 26 November 1949, the date written into the Preamble itself ("this twenty-sixth day of November, 1949"), and it came into force on 26 January 1950. The Assembly took about two years, eleven months and eighteen days.

An easy way to remember the roles is to separate three dates. The Constitution was adopted on 26 November 1949, came into force on 26 January 1950, and the members signed the final copy in January 1950. The Constitution Day observed on 26 November marks adoption, not commencement.

The more useful structure fact is how the text is organised. It has a Preamble, Parts numbered with Roman numerals (Part I to Part XXII, with lettered additions such as IVA, IXA, IXB, XIVA), Articles and Schedules. Twelve Schedules exist today. Learn them as a list because "which Schedule" is a standard question.

Schedule	Subject
First	States and Union territories
Second	Salaries of President, Governors, judges, CAG
Third	Forms of oaths and affirmations
Fourth	Allocation of Council of States seats
Fifth	Scheduled Areas and Scheduled Tribes
Sixth	Tribal areas of Assam, Meghalaya, Tripura, Mizoram
Seventh	Union, State and Concurrent Lists
Eighth	Languages
Ninth	Validation of certain Acts (Article 31B)
Tenth	Anti-defection
Eleventh	Panchayats (Article 243G)
Twelfth	Municipalities (Article 243W)

Two of these connect directly to Andhra Pradesh. The Fourth Schedule gives Andhra Pradesh 11 seats in the Council of States (after the 2014 reorganisation replaced the earlier 18 and created a separate entry of 7 for Telangana). The Eighth Schedule lists 22 languages, and Telugu is the 21st entry.

2. The Preamble

The Preamble declares that the people of India resolved to constitute India into a "Sovereign Socialist Secular Democratic Republic" and to secure justice (social, economic and political), liberty (of thought, expression, belief, faith and worship), equality (of status and of opportunity) and fraternity, assuring the dignity of the individual and the "unity and integrity of the Nation".

The three words most often asked about are Socialist, Secular and Integrity. They were inserted by the 42nd Amendment, 1976, with effect from 3 January 1977, which replaced "Sovereign Democratic Republic" with the longer phrase and "Unity of the Nation" with "unity and integrity of the Nation". The Preamble has been amended only once.

Useful reading skills for the exam:

• Source of authority. "We, the People of India" places sovereignty in the people.
• Objectives. Justice, liberty, equality and fraternity are the four objectives. The order is fixed, and a common distractor swaps liberty and equality.
• Nature. The Preamble is not enforceable in a court by itself, but courts use it to interpret the text. In the Kesavananda Bharati case (1973) the Supreme Court held that the Preamble is a part of the Constitution.
• Types of justice. Social, economic and political. Do not add "legal" to the list; it is not in the text.

3. Part III: Fundamental Rights (Articles 12 to 35)

Part III is called the Magna Carta of the Constitution in common speech, but exam answers should rely on its article structure. Article 12 defines "the State", and Article 13 says laws inconsistent with fundamental rights are void to the extent of inconsistency. Right to property was removed from the list by the 44th Amendment (1978, in force 20 June 1979): Article 31 was omitted and Article 300A was inserted in Part XII, so property is now a constitutional right, not a fundamental right.

Group	Articles	Core idea
Right to Equality	14 to 18	Equality before law, no discrimination, public employment, abolition of untouchability and titles
Right to Freedom	19 to 22	Six freedoms, protection in conviction, life and liberty, education, arrest and detention
Right against Exploitation	23 to 24	Human trafficking and forced labour banned, children under 14 barred from hazardous work
Freedom of Religion	25 to 28	Conscience, managing religious affairs, taxes, religious instruction
Cultural and Educational	29 to 30	Protection of minorities
Constitutional Remedies	32	Move the Supreme Court directly

Equality. Article 14 combines "equality before the law" and "equal protection of the laws". Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth, but clauses (4), (5) and (6) permit special provision for socially and educationally backward classes, Scheduled Castes and Scheduled Tribes, and, through the 103rd Amendment (2019, in force 14 January 2019), for economically weaker sections. Article 16 covers public employment. Article 17 abolishes untouchability, and Article 18 abolishes titles, other than military and academic distinctions.

Freedom. Article 19(1) now lists six freedoms for citizens: speech and expression (a); assembly peaceably and without arms (b); associations, unions or co-operative societies (c); movement throughout India (d); residence and settlement (e); and profession, occupation, trade or business (g). Sub-clause (f), the right to acquire, hold and dispose of property, was omitted by the 44th Amendment, which is why the list jumps from (e) to (g). The words "or co-operative societies" in (c) were added by the 97th Amendment (2011, effective 8 February 2012). Article 19(2) gives eight grounds for restricting free speech, such as sovereignty and integrity of India, security of the State, public order, decency or morality, contempt of court, defamation and incitement to an offence.

Article 21 protects life and personal liberty "except according to procedure established by law". Article 21A, inserted by the 86th Amendment (2002, effective 1 April 2010), makes free and compulsory education a right for children aged six to fourteen years. Article 22 gives the rights of a person arrested: to be told the grounds, to consult a lawyer of choice and to be produced before a magistrate within 24 hours (the 24-hour rule is in clause (2)).

Exploitation and religion. Article 23 prohibits traffic in human beings and forced labour; Article 24 bars employment of children below fourteen in factories, mines or other hazardous employment. Article 25 protects freedom of conscience and the right to profess, practise and propagate religion, subject to public order, morality and health.

Minorities. Article 29 protects the interests of minorities, including language, script and culture; Article 30 gives minorities the right to establish and administer educational institutions.

Remedies. Article 32 is the right to move the Supreme Court, and the Supreme Court can issue writs of habeas corpus, mandamus, prohibition, quo warranto and certiorari. Under Article 226 a High Court has a wider power: it can issue writs for fundamental rights and also "for any other purpose". A common question is "which article is the heart and soul"; the answer is Article 32 in the words of Dr Ambedkar, as quoted in textbooks.

Rights available only to citizens (and not to foreigners) include Articles 15, 16, 19, 29 and 30. Articles 14, 20, 21, 21A, 22, 23, 24, 25 to 28 are available to all persons. Remember this split as "citizens: 15, 16, 19, 29, 30".

The writs deserve a short comparison because the exam likes matching.

Writ	Meaning	Typical use
Habeas corpus	"Produce the body"	Unlawful detention
Mandamus	"We command"	Compel a public official to do a public duty
Prohibition	Forbid	Higher court stops a lower court exceeding jurisdiction
Certiorari	Be certified	Quash an order of a lower court or tribunal
Quo warranto	By what authority	Challenge a person holding a public office

Article 31A, 31B and 31C protect certain laws. Article 31B and the Ninth Schedule shield listed Acts from challenge on the ground of conflict with fundamental rights; the Ninth Schedule was created by the First Amendment, 1951. Article 31C saves laws that give effect to specified directive principles from challenge under Articles 14 and 19. Articles 33 to 35 allow Parliament to restrict rights for armed forces, during martial law, and to make laws giving effect to Part III.

4. Part IV: Directive Principles of State Policy (Articles 36 to 51)

The Directive Principles are guidelines to the State that cannot be enforced by a court (Article 37), yet they are "fundamental in the governance of the country" and the State has a duty to apply them in making laws. The easiest way to learn them is by theme, not by article order.

Theme	Articles	Examples
Socialist	38, 39, 39A, 41, 42, 43, 43A, 47	Reduce inequality, equal pay for equal work (39(d)), free legal aid (39A), worker participation (43A), nutrition and public health (47)
Gandhian	40, 43, 43B, 46, 47, 48	Village panchayats (40), cottage industries, co-operative societies (43B), weaker sections, prohibition of intoxicants, cow protection (48)
Liberal-intellectual	44, 45, 48, 48A, 49, 50, 51	Uniform civil code (44), early childhood care (45), environment (48A), monuments (49), separation of judiciary from executive (50), international peace (51)

Specific amendments matter. The 42nd Amendment (1976) added Article 39A, Article 43A, Article 48A and changed Article 39(f). The 44th Amendment (1978) dealt with Article 38(2) on reducing inequalities of income and opportunity. The 97th Amendment (2011) added Article 43B on co-operative societies. The 86th Amendment (2002) replaced Article 45 with a duty to provide early childhood care and education for children below six years, and moved free and compulsory education to Part III as Article 21A.

Three conflicts are asked repeatedly. First, Fundamental Rights are justiciable and Directive Principles are not. Second, in the Golaknath case (1967) and the Kesavananda Bharati case (1973) the balance between the two was argued; Article 31C was upheld in part in Kesavananda, and the Minerva Mills case (1980) held that harmony between Part III and Part IV is part of the basic structure. Third, the Directive Principles in Article 40 explain why a State Government is told to organise village panchayats; that is the root of the 73rd Amendment.

5. Part IVA: Fundamental Duties (Article 51A)

Fundamental Duties were added by the 42nd Amendment (1976), on the recommendation of the Swaran Singh Committee. Ten duties were listed at first. The 86th Amendment (2002) added the eleventh duty, (k), under which a parent or guardian provides opportunities for education to a child between six and fourteen years, with effect from 1 April 2010. The duties apply to citizens, and they are not directly enforceable by a court.

Learn the list through keywords:

1. (a) abide by the Constitution and respect the National Flag and National Anthem.
2. (b) cherish the ideals of the freedom struggle.
3. (c) uphold sovereignty, unity and integrity.
4. (d) defend the country and render national service.
5. (e) promote harmony and brotherhood and renounce practices derogatory to the dignity of women.
6. (f) value and preserve the composite culture.
7. (g) protect the natural environment, forests, lakes, rivers and wildlife and have compassion for living creatures.
8. (h) develop scientific temper, humanism and the spirit of inquiry and reform.
9. (i) safeguard public property and abjure violence.
10. (j) strive towards excellence.
11. (k) parent or guardian to provide education opportunities to a child aged six to fourteen.

A trap is the claim that the duties originally included a right of property or a duty to vote; neither appears in the text.

6. The Union Executive: President, Vice-President, Council of Ministers

President. Article 52 says there shall be a President. Article 53 vests the executive power of the Union in the President, exercised directly or through subordinate officers. Article 54 provides for election by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States, including the National Capital Territory of Delhi and the Union territory of Puducherry. Article 55 requires uniformity of representation and uses proportional representation by the single transferable vote with a secret ballot. Nominated members of Parliament and members of the Legislative Councils do not vote.

The qualifications in Article 58 are: citizen of India, at least thirty-five years of age, qualified for election to the House of the People, and not holding an office of profit. The term is five years (Article 56), and the President continues until the successor takes office. Impeachment under Article 61 is for violation of the Constitution; the charge is preferred by either House on a resolution moved after fourteen days' notice signed by at least one-fourth of the total membership, and passed by at least two-thirds of the total membership. The other House investigates, and a two-thirds majority of its total membership declaring the charge sustained removes the President. An election to fill a vacancy must be held within six months (Article 62).

Article 72 gives the President the power to grant pardons, reprieves, respites or remissions and to suspend, remit or commute sentences in certain cases. Article 123 gives the President the power to promulgate Ordinances when Parliament is not in session; an Ordinance has the force of an Act, but must be laid before both Houses and ceases to operate six weeks from reassembly unless disapproved earlier.

Vice-President. Article 63 creates the office. Article 64 makes the Vice-President ex officio Chairman of the Council of States. Under Article 66 the electoral college is the members of both Houses of Parliament (elected and nominated), with the single transferable vote, and the qualification is citizenship, thirty-five years and eligibility for election as a member of the Council of States. The term is five years (Article 67). The Vice-President can be removed by a resolution of the Council of States passed by a majority of all then members and agreed to by the House of the People, with fourteen days' notice.

Council of Ministers. Article 74(1) says there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President, and the President "shall" act in accordance with that advice; the President may require reconsideration once, and must act on the advice tendered after reconsideration. The words "shall act" came with the 42nd Amendment, and the reconsideration proviso with the 44th. Article 75 says the Prime Minister is appointed by the President and other ministers on the advice of the Prime Minister. The Council of Ministers is collectively responsible to the House of the People (Article 75(3)). The 91st Amendment (2003, in force 1 January 2004) capped the size of the Council at fifteen per cent of the House of the People (Article 75(1A)) and added disqualification for defection (75(1B)).

Article 76 provides for the Attorney-General for India, and Article 148 for the Comptroller and Auditor-General, who is removable only in the way a Supreme Court judge is removed.

7. Parliament

Article 79 says Parliament consists of the President and two Houses, the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).

Feature	Council of States	House of the People
Article	80	81
Maximum strength	250 (238 representatives of States and Union territories plus 12 nominated)	550 (530 from States plus 20 from Union territories)
Election	Indirect, by elected MLAs, single transferable vote	Direct, adult suffrage
Duration	Permanent; one-third retire every second year (Article 83(1))	Five years unless dissolved (Article 83(2))
Minimum age	30	25
Presiding officer	Chairman (the Vice-President), assisted by Deputy Chairman	Speaker, assisted by Deputy Speaker

The twelve nominated members come from people with special knowledge or practical experience in literature, science, art and social service (Article 80(3)). The life of the House of the People can be extended during a Proclamation of Emergency by Parliament by law for one year at a time, not beyond six months after the Proclamation ceases (Article 83(2) proviso). Article 85 says six months must not intervene between two sessions. The President summons and prorogues the Houses and dissolves the House of the People.

Article 326 gives adult suffrage with a minimum voting age of eighteen. The age was lowered from twenty-one by the 61st Amendment (passed in 1988, effective 28 March 1989).

Legislative procedure. An ordinary Bill can start in either House and must pass both. If there is a deadlock (rejection, final disagreement on amendments, or more than six months' delay) the President may summon a joint sitting under Article 108, which a Money Bill cannot trigger. A Money Bill is defined in Article 110 and can be introduced only in the House of the People; the Council of States may only make recommendations, which the House of the People may reject. The Speaker certifies whether a Bill is a Money Bill. Article 112 requires the annual financial statement, the Budget. Article 111 deals with assent, and the President may withhold assent or send a non-Money Bill back for reconsideration.

Anti-defection. The Tenth Schedule, added by the 52nd Amendment (1985), lays down disqualification of a member for defection. The 91st Amendment (2003) removed the earlier exception for splits.

Delimitation and women's seats. The 106th Amendment (2023) inserted Articles 330A, 332A and 334A. Seats reserved for women in the House of the People, State Legislative Assemblies and the Delhi Assembly are to take effect after delimitation based on the first census held after the commencement of the amendment, for fifteen years. The Constitution text states that the provision comes into effect only after that exercise. For the exam, remember the one-third reservation and the condition that it follows delimitation.

8. The State Executive and Legislature

Governor. Article 153 provides for a Governor of each State, with the possibility of the same person serving two or more States. The Governor is appointed by the President (Article 155), holds office during the pleasure of the President, and has a normal term of five years (Article 156). The qualifications in Article 157 are citizenship and thirty-five years of age. The Governor cannot be a member of either House of Parliament or a State Legislature (Article 158). Article 161 gives the Governor the power to grant pardons and to suspend, remit or commute sentences in respect of matters within the State's executive power, and the text limits it to offences against laws on matters within the State's executive power. A standard trap is that the Governor has no power over court-martial sentences, which Article 72(1)(a) gives to the President.

Article 163 gives the Governor a Council of Ministers headed by the Chief Minister to aid and advise, except in matters where the Constitution requires the Governor to act in discretion. Article 164 provides that the Chief Minister is appointed by the Governor and other ministers on the Chief Minister's advice, and that ministers hold office during the pleasure of the Governor. Article 164(1A) caps the Council at fifteen per cent of the Assembly strength with a floor of twelve ministers. Article 165 provides for the Advocate-General of the State.

State Legislature. Under Article 168 the Legislature consists of the Governor and the Legislative Assembly, and in some States a Legislative Council. Andhra Pradesh appears in the list of States with two Houses. Its Council was abolished in 1985 (Andhra Pradesh Legislative Council (Abolition) Act, 1985) and brought back under the Andhra Pradesh Legislative Council Act, 2005 (Act 1 of 2006), footnoted in the Constitution. For the numbers in Andhra Pradesh (a Legislative Assembly of 175, a Council of 58 after the 2015 amendment to the Reorganisation Act) see the AP Reorganisation Act explainer.

Feature	Legislative Assembly	Legislative Council
Article	170	171
Strength	Not more than 500 and not less than 60	Not more than one-third of Assembly, and not less than 40
Election	Direct	Indirect: local bodies one-third, graduates one-twelfth, teachers one-twelfth, MLAs one-third, Governor nominates the rest
Term	Five years (Article 172)	Permanent; one-third retire every second year
Minimum age	25	30

Parliament can create or abolish a Legislative Council by law if the Assembly passes a resolution by a majority of its total membership and two-thirds of members present and voting (Article 169). Such a law is not treated as a constitutional amendment under Article 368. The Governor summons and prorogues the House and dissolves the Assembly (Article 174). Article 200 allows the Governor to assent, withhold assent, return a non-Money Bill, or reserve a Bill for the President; under Article 201 a reserved Bill requires the President to assent or withhold, and a returned Bill must be reconsidered within six months. Article 213 gives the Governor the Ordinance power on the same pattern as Article 123, with a six-week limit from reassembly.

9. The Judiciary

Supreme Court. Article 124 establishes the Supreme Court of India. The Constitution says there shall be a Chief Justice of India and, until Parliament by law prescribes a larger number, not more than seven other judges; the number has since been raised by Act. The Supreme Court (Number of Judges) Amendment Act, 2019 set the figure at thirty-three other judges apart from the Chief Justice, with effect from 9 August 2019 (as noted in the Constitution's footnote). A Supreme Court judge holds office until sixty-five years of age (Article 124(2)). A judge can be removed only by an address of both Houses on proved misbehaviour or incapacity, in the manner of Article 124(4) read with the Judges (Inquiry) Act.

The appointment system rests on the Collegium arrangement developed by the Supreme Court in the Judges cases. The 99th Amendment (2014) tried to replace it with the National Judicial Appointments Commission (Articles 124A to 124C); in the Supreme Court Advocates-on-Record Association case the Supreme Court struck it down on 16 October 2015, and the Constitution text carries a footnote to this effect.

The Supreme Court is a court of record (Article 129). It has original jurisdiction in disputes between the Union and States or between States (Article 131), appellate jurisdiction (Articles 132 to 134), special leave to appeal (Article 136), review (Article 137), advisory jurisdiction when the President refers a question (Article 143), and writ jurisdiction under Article 32. Article 141 makes the law declared by the Supreme Court binding on all courts. Article 142 empowers it to pass orders necessary for "complete justice".

High Courts. Article 214 says there shall be a High Court for each State, and Article 231 permits a common High Court for two or more States. A High Court judge is appointed by the President and retires at sixty-two (Article 217). Article 226 gives the power to issue writs, wider than Article 32, and Article 227 gives superintendence over all courts and tribunals within its jurisdiction. The High Court of Andhra Pradesh began separate functioning on 1 January 2019; see the Reorganisation Act explainer for the notification sequence.

Subordinate courts. The Governor appoints district judges in consultation with the High Court (Article 233), and Article 235 gives the High Court control over district courts and subordinate courts, including posting, promotion and leave. Article 50, a directive principle, says the State should separate the judiciary from the executive.

10. Federalism: Centre-State relations

The Constitution calls India a Union of States (Article 1), and its federal features are checked by a strong Centre. Relations are in three parts.

Legislative. Article 246 divides subjects into three lists in the Seventh Schedule: the Union List (Parliament has exclusive power), the State List (State Legislatures have exclusive power, subject to the clause on the Union List), and the Concurrent List (both can legislate, but Parliament's law prevails on conflict under Article 254, unless a State law on a Concurrent subject has received the President's assent). Public order and police are State List entries 1 and 2. Education is in the Concurrent List as entry 25, moved there from the State List by the 42nd Amendment (1976). Forests (17A) and population control and family planning (20A) also came into the Concurrent List through the same amendment. Article 248 gives residuary powers to Parliament; the last Union List entry (97) states the same idea for taxes.

Parliament can make laws on State List matters in special cases: when the Council of States passes a resolution by two-thirds of members present and voting that it is necessary in the national interest (Article 249), during a Proclamation of Emergency (Article 250), with the consent of two or more States (Article 252), to implement an international treaty (Article 253), and during a failure of constitutional machinery in a State (Article 356 proclamation, under Article 357).

Administrative. Article 256 requires States to comply with Union laws and allows the Union to direct States for that purpose. Article 257 extends Union control over means of communication of national importance. Article 262 allows Parliament to provide for adjudication of inter-State river disputes, and to exclude the courts. Article 263 allows the President to establish an Inter-State Council.

Financial. Articles 268 to 293 distribute taxes and grants. Article 280 requires the Finance Commission to be constituted every fifth year, with a Chairman and four other members, to recommend the distribution of net tax proceeds between the Union and States. Article 275 provides grants-in-aid to States. The 101st Amendment (2016) introduced the Goods and Services Tax framework with Article 246A and Article 279A, and the changes took effect on 16 September 2016 for the relevant articles.

The Sarkaria Commission (1983) and the Punchhi Commission (2007) examined Centre-State relations; remember the names and the broad subject, not the details.

11. Emergency provisions (Articles 352 to 360)

Type	Article	Ground	Parliamentary approval
National Emergency	352	War, external aggression or armed rebellion	Both Houses within one month; continues six months at a time
State Emergency (President's Rule)	356	Failure of constitutional machinery in a State	Both Houses within two months; six months at a time, outer limit three years
Financial Emergency	360	Threat to financial stability or credit	Both Houses within two months

National Emergency. The 44th Amendment (1978) replaced "internal disturbance" with "armed rebellion" and required the written advice of the Union Cabinet before the President proclaims an Emergency (Article 352(3)). A Proclamation must be approved by resolutions of both Houses within one month; once approved it continues for six months, and can be extended for six months at a time by further resolutions. Emergencies were proclaimed in 1962 (the China conflict), 1971 (the war with Pakistan) and 1975 (internal disturbance, in force until 1977). Under Article 358 Article 19 is suspended automatically during war or external aggression; under Article 359 the President can suspend the enforcement of other rights by order, but Articles 20 and 21 cannot be suspended, a protection added by the 44th Amendment.

President's Rule. Under Article 356, if the President is satisfied on a report of the Governor or otherwise that a State Government cannot be carried on in accordance with the Constitution, the President may assume the functions of the State Government and declare that the powers of the Legislature are exercisable by Parliament; the High Court's powers cannot be assumed. Approval is needed within two months, and the Proclamation operates for six months, extendable at six-month intervals to a maximum of three years. The Supreme Court in S. R. Bommai v. Union of India (1994) held that a Proclamation is subject to judicial review.

Financial Emergency. Article 360 has not been proclaimed to date (as on October 2026, to our knowledge; verify if an exam asks for the latest position).

12. Amending the Constitution (Article 368)

Article 368(2) says an amendment is initiated by a Bill in either House of Parliament and passed in each House by a majority of the total membership and a majority of at least two-thirds of the members present and voting. Then it goes to the President, who gives assent. Some changes also need ratification by the Legislatures of at least one-half of the States before the Bill goes to the President. These are changes to: the election of the President (Articles 54 and 55), the extent of the Union and State executive power (Articles 73 and 162), Chapter IV of Part V (the Union Judiciary), Chapter V of Part VI (the High Courts), Chapter I of Part XI (legislative relations), the Lists in the Seventh Schedule, representation of States in Parliament, Article 368 itself, and a few others, such as Article 241 and Article 279A.

Three classes of amendment exist in practice. A simple majority, as in the creation of new States under Articles 3 and 4 or the Legislative Council provisions of Article 169, is not treated as an amendment under Article 368. A special majority covers most provisions. A special majority with ratification by half of the States covers the federal provisions above.

The leading cases on the amending power run in order:

Case	Year	Holding in brief
Shankari Prasad	1951	Parliament's amending power covers Fundamental Rights
Sajjan Singh	1965	Same view, by a 3 to 2 majority
Golaknath	1967	Amendment is "law" under Article 13; Fundamental Rights cannot be amended (6 to 5)
Kesavananda Bharati	1973	Parliament can amend but cannot destroy the basic structure (13 judges, 7 to 6)
Indira Nehru Gandhi v. Raj Narain	1975	Article 329A (39th Amendment) violated the basic structure
Minerva Mills	1980	Parts of the 42nd Amendment (Sections 4 and 55) struck down

The 24th Amendment (1971) added Article 13(4) and 368(1) and (3) to confirm Parliament's power over Part III, in reply to Golaknath. The 42nd Amendment (1976) added 368(4) and (5), which the Supreme Court declared invalid in Minerva Mills, as the Constitution's footnote states.

13. Key amendments to remember

Amendment	Year	Subject
1st	1951	Ninth Schedule and Article 31B; changes to Article 19
7th	1956	Reorganisation of States on linguistic lines; abolished categories of Part A, B, C States
24th	1971	Parliament's power to amend Part III confirmed
32nd	1973	Articles 371D and 371E for Andhra Pradesh (in force 1 July 1974)
42nd	1976	Socialist, Secular, Integrity; Fundamental Duties; changes to Article 74, 368
44th	1978	Property removed from Part III; Article 300A; emergency safeguards
52nd	1985	Tenth Schedule, anti-defection
61st	1988	Voting age 21 to 18 (effective 28 March 1989)
73rd	1992	Part IX, Eleventh Schedule (in force 24 April 1993)
74th	1992	Part IXA, Twelfth Schedule (in force 1 June 1993)
86th	2002	Article 21A; Article 51A(k); Article 45 recast
91st	2003	Ministers capped at 15 per cent; stricter defection law
97th	2011	Co-operative societies, Article 19(1)(c), Article 43B, Part IXB
99th	2014	NJAC, struck down on 16 October 2015
101st	2016	Goods and Services Tax
102nd	2018	Constitutional status for the National Commission for Backward Classes, Article 338B
103rd	2019	Reservation for economically weaker sections, Articles 15(6) and 16(6)
104th	2019	SC/ST seat reservation extended to 80 years (till 2030); Anglo-Indian nomination ended
105th	2021	State power to identify backward classes restored (Article 342A)
106th	2023	One-third seats for women in Lok Sabha and Assemblies, after delimitation

For the 104th Amendment the Constitution's Article 334 now says reservation of seats for SC and ST in the House of the People and State Assemblies ceases after eighty years from commencement, which is 25 January 2030, and the Anglo-Indian nomination provision ceased from 25 January 2020.

14. Constitutional bodies and offices

A constitutional body is created by the Constitution itself, and a statutory body by an Act of Parliament or a State law. Keep this contrast sharp, because the Lokayukta, the State Human Rights Commission and the Central Information Commission are statutory.

Body	Article	Appointment	Notes
Union Public Service Commission	315 to 323	President	Conducts exams for Union services
State Public Service Commission (APPSC)	315 to 323	Governor	Conducts exams for State services
Election Commission	324	President appoints CEC and other Commissioners	Elections to Parliament, State Legislatures, President, Vice-President
State Election Commission	243K and 243ZA	Governor	Panchayat and municipal elections
Finance Commission	280	President	Every fifth year
Comptroller and Auditor-General	148	President	Removal like a Supreme Court judge
Attorney-General	76	President	Highest law officer of the Union
Advocate-General	165	Governor	Law officer of a State
Commission for SCs / STs / Backward Classes	338, 338A, 338B	President	National commissions

APPSC and Article 315 to 323. Article 315(1) says there shall be a Public Service Commission for the Union and one for each State. Under Article 316 the Chairman and members of a State Commission are appointed by the Governor. At least half of the members, as nearly as may be, must have held office for ten years under a Government. The term is six years or until age sixty-two for a State Commission member, whichever is earlier, and sixty-five for the Union Commission. A member cannot be reappointed after the term (Article 316(3)). Under Article 317 the President removes a member for misbehaviour only after the Supreme Court, on a reference, reports that the member ought to be removed, though the President may remove a member who is insolvent, takes paid outside employment or is infirm in mind or body. Article 319 limits post-retirement employment: the Chairman of a State Commission can be appointed as Chairman or member of the Union Commission or Chairman of another State Commission, but not to other government jobs. Article 320 gives the functions: conduct examinations for appointments to services, and be consulted on recruitment methods, principles of appointment, promotion and transfer, and disciplinary matters. Under Section 83 of the Andhra Pradesh Reorganisation Act, 2014 the Commission for the existing State became the Commission for Andhra Pradesh, as described in the AP polity notes. For group-level questions on the exam itself see the APPSC Group 1, 2, 3 and 4 comparison.

State Election Commission. Article 243K vests the superintendence, direction and control of panchayat elections in a State Election Commission headed by a State Election Commissioner appointed by the Governor, who cannot be removed except as a High Court judge is removed and whose conditions of service cannot be varied to his disadvantage after appointment. Article 243ZA applies the same to municipalities. A frequent confusion is between this body and the Election Commission of India under Article 324: the latter conducts elections to Parliament and State Legislatures and for President and Vice-President, and the State Election Commission does not conduct Assembly elections.

Finance Commission. Article 280 requires a Finance Commission every fifth year or earlier, and its recommendations are placed before Parliament. The State Finance Commission under Article 243I is a different body.

15. Andhra Pradesh and the Constitution: Articles 371D and 371E

Article 371D is the main Andhra Pradesh-specific constitutional article. It was inserted by the 32nd Amendment (1973) along with Article 371E, with effect from 1 July 1974, and arose from the Telangana and Jai Andhra movements; the historical background is in the Andhra movement and formation guide.

What Article 371D says. The President may by order, having regard to the requirement of each State, provide for equitable opportunities and facilities for the people belonging to different parts of the State in public employment and in education. Clause (2) lists what an order may do: organise civil posts into local cadres, specify the part of the State to be treated as the "local area" for direct recruitment and for admission to universities and educational institutions, and fix the extent of preference or reservation for candidates who have resided or studied in the local area. Clause (3) lets the President constitute an Administrative Tribunal for the State, and clause (4) lists what the order creating it can contain. Clause (7) says the High Court has no powers of superintendence over that Tribunal. Clause (8) allows the President to abolish the Tribunal. Clause (9) protects earlier appointments, postings and transfers in the Hyderabad State (before 1 November 1956) and in Andhra Pradesh (before the Thirty-second Amendment) from being declared illegal merely because residence requirements were not followed. Clause (10) gives the article overriding force over any other provision of the Constitution or any other law.

The 2014 change. The Andhra Pradesh Reorganisation Act, 2014 (Section 97) substituted "the State of Andhra Pradesh or the State of Telangana" in the heading and in clause (1) and "the State of Andhra Pradesh and for the State of Telangana" in clause (3), with effect from 2 June 2014. So the article now serves both States.

The Sambamurthy case. In P. Sambamurthy v. State of Andhra Pradesh ((1987) 1 SCC 362) the Supreme Court declared clause (5) of Article 371D, along with its proviso, unconstitutional and void. Clause (5) had let the State Government modify or annul an order of the Administrative Tribunal, and the Court held that this undermined judicial review. The Constitution text carries a footnote noting the declaration. This is a likely question: the article stands, but one clause was struck down.

Article 371E says that Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh. The article is often described as the basis for a central university in the State, and the heading in the Constitution's text calls it "Establishment of Central University in Andhra Pradesh". Note the verb: "may". The article does not itself create a university.

Related items in the text. Article 378A made a special provision about the duration of the first Andhra Pradesh Legislative Assembly after the 1956 reorganisation; the heading appears in the Constitution's contents. Article 168 and the footnotes show the Legislative Council's abolition and revival. The Fourth Schedule gives the State 11 seats in the Council of States, and the Eighth Schedule recognises Telugu. For the Presidential Order of 1975 creating local cadres and zones, the Six-Point Formula and the Reorganisation Act's Sections, use the two posts linked above rather than memorising details twice.

16. High-yield comparisons

President versus Governor. The President is elected indirectly; the Governor is appointed by the President. Both have a normal five-year term and both must be at least thirty-five. The Governor, unlike the President, holds office expressly during the pleasure of the appointing authority (Article 156(1)). Neither can be a member of a House of Parliament or a State Legislature.

Money Bill versus Financial Bill. A Money Bill under Article 110 deals only with money matters, starts only in the House of the People and the Council of States has only advisory power. Under Article 117, a Bill covering the money matters in Article 110(1)(a) to (f) needs the President's recommendation and cannot be introduced in the Council of States, even where it is not a pure Money Bill.

Ordinance versus law. An Ordinance under Article 123 or 213 has the force of law but is temporary and expires six weeks from reassembly unless disapproved earlier.

Writ jurisdiction. Article 32 is limited to Fundamental Rights; Article 226 covers Fundamental Rights and "any other purpose". Article 32 is itself a Fundamental Right; Article 226 is not.

Constitutional versus statutory. Constitutional: UPSC, APPSC, ECI, SEC, Finance Commission, CAG. Statutory or non-constitutional: Lokayukta, Human Rights Commissions, Information Commissions, NITI Aayog (set up by executive decision).

17. Common exam traps

1. Adoption versus commencement. 26 November 1949 versus 26 January 1950.
2. Words added in 1976. Socialist, Secular and Integrity came from the 42nd Amendment; Fundamental Duties came from the same Act.
3. Property. It is a constitutional right under Article 300A, not a fundamental right; Article 19(1)(f) was omitted.
4. Number of duties. Eleven now, ten at the start.
5. Article 21A versus Article 45. Education for six to fourteen is a right (21A); early childhood care for under six is a directive (45).
6. Governor's term. The normal term is five years, but the Governor serves at the pleasure of the President, so the term is not fixed in the way a judge's age limit is.
7. Rajya Sabha figures. 250 is the constitutional maximum under Article 80 (238 plus 12 nominated). The sitting strength depends on the Fourth Schedule allotments and can be lower, so read whether a question asks for the maximum or for the current number.
8. State Election Commission versus Election Commission of India. Different articles (243K versus 324) and different elections.
9. 371D versus 371E. Services and education opportunities versus a university.
10. President's Rule outer limit. Three years, in stages of six months, with approval within two months.

18. A seven-day revision plan

• Day 1. Constituent Assembly dates, Preamble, Schedules.
• Day 2. Part III: draw the group table from memory, then writs.
• Day 3. Part IV and Part IVA, with amendment years.
• Day 4. President, Vice-President, Council of Ministers; Parliament table.
• Day 5. Governor, State Legislature, High Court, Supreme Court.
• Day 6. Federalism, emergency, Article 368 and the case table.
• Day 7. Constitutional bodies, Article 371D and 371E, then ten MCQs without notes.

A good test after each day is to write the article number first and then the topic, because exam questions in this subject work in both directions.

Key facts for exams

• Constitution adopted 26 November 1949; in force 26 January 1950. Drafting Committee set up 29 August 1947.
• 42nd Amendment (1976, in force 3 January 1977): Socialist, Secular, Integrity in the Preamble; Fundamental Duties.
• Right to property: Article 31 omitted and Article 300A inserted by the 44th Amendment (in force 20 June 1979).
• Article 21A (free and compulsory education, ages six to fourteen) and duty 51A(k): 86th Amendment, 2002, effective 1 April 2010.
• President: 35 years, five-year term, impeachment under Article 61 by two-thirds of the total membership. Vice-President: 35 years, five-year term.
• Council of States: maximum 250 (238 plus 12 nominated). House of the People: maximum 550 (530 plus 20).
• Voting age 18: 61st Amendment (passed 1988, effective 28 March 1989).
• Council of Ministers capped at 15 per cent of the House (91st Amendment; in force 1 January 2004).
• Supreme Court judge retires at 65; High Court judge at 62; State PSC member at 62 or after six years.
• Emergencies: Article 352 (National), 356 (State), 360 (Financial, never used).
• Article 368 sets the amendment procedure; Kesavananda Bharati (1973) established the basic structure.
• 73rd Amendment in force 24 April 1993; 74th in force 1 June 1993.
• Article 371D (32nd Amendment, in force 1 July 1974); clause (5) struck down in Sambamurthy (1987); extended to Telangana by the 2014 Act.
• Article 371E: Parliament may provide for a University in Andhra Pradesh.
• Andhra Pradesh has 11 seats in the Council of States (Fourth Schedule); Telugu is entry 21 of the Eighth Schedule.

10 practice MCQs

1. Which Amendment added the words "Socialist" and "Secular" to the Preamble? a) 24th b) 42nd c) 44th d) 52nd Answer: b.

2. Which Article provides for a State Election Commission for panchayat elections? a) 243A b) 243K c) 315 d) 324 Answer: b.

3. The right to property is now provided in: a) Article 19(1)(f) b) Article 31 c) Article 300A d) Article 21A Answer: c.

4. Under Article 61, a charge for impeaching the President needs a resolution passed by: a) a simple majority of members present b) a majority of the total membership c) two-thirds of the total membership of the House d) three-fourths of members present Answer: c.

5. Article 371D of the Constitution relates to: a) a university in Andhra Pradesh b) equitable opportunities in public employment and education c) special provisions for Nagaland d) tribal areas of Assam Answer: b.

6. Which clause of Article 371D was struck down in the Sambamurthy case (1987)? a) Clause (1) b) Clause (3) c) Clause (5) d) Clause (10) Answer: c.

7. The maximum strength of the Council of States is: a) 238 b) 240 c) 250 d) 275 Answer: c.

8. A State Public Service Commission member holds office for six years or until age: a) 58 b) 60 c) 62 d) 65 Answer: c.

9. Which proclamation under the Constitution has never been made? a) National Emergency under Article 352 b) President's Rule under Article 356 c) Financial Emergency under Article 360 d) Emergency on the ground of war Answer: c.

10. The basic structure doctrine was laid down in: a) Golaknath (1967) b) Kesavananda Bharati (1973) c) Minerva Mills (1980) d) Shankari Prasad (1951) Answer: b.

Frequently asked questions

Is the Preamble a part of the Constitution? Yes. The Supreme Court held so in Kesavananda Bharati (1973), and the Preamble can be amended, although the basic structure cannot be destroyed.

What is the difference between Article 32 and Article 226? Article 32 lets a person go to the Supreme Court for Fundamental Rights and is itself a Fundamental Right. Article 226 lets a High Court issue writs for Fundamental Rights and for any other purpose.

Are Fundamental Duties enforceable? Not directly. They are listed in Article 51A for citizens, and a court cannot enforce them without a law.

Why is Article 371D important for Andhra Pradesh candidates? It is the constitutional basis for local-area preference in public employment and education in the State, and it was extended to Telangana by the 2014 Act.

What is Article 371E? It says Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh.

How many Fundamental Duties are there? Eleven. Ten were added in 1976, and the eleventh was added by the 86th Amendment in 2002.

Does the State Election Commission conduct Assembly elections? No. Article 243K covers panchayat elections and Article 243ZA covers municipal elections. Elections to the State Legislature are conducted by the Election Commission of India under Article 324.

Which constitutional offices does an APPSC aspirant need to know? The Public Service Commission (Articles 315 to 323), the State Election Commission, the Finance Commission, the Governor, the Advocate-General and the Comptroller and Auditor-General.

Related reading

• AP polity and Panchayati Raj notes for APPSC and SI
• AP Reorganisation Act 2014 explained
• Andhra movement and formation history, to 1956 and 2014
• APPSC Group 1, 2, 3 and 4 comparison
• Indian history notes for APPSC, DSC and AP Police
• Telugu version of this post

Practise on pareeksha.in

After one pass through these notes, attempt a timed polity set on pareeksha.in and review each wrong answer against its article number. The platform offers 10 Lakh+ MCQs, 100+ Exams and 5,000+ Full-Length Mocks. For any time-sensitive item, such as the number of judges, vacancies or exam patterns, check the latest official notification.

Sources and verification

Pages opened for this revision:

• The Constitution of India, Legislative Department, Ministry of Law and Justice (pocket edition, bilingual, as on 1 May 2024, updated to the 106th Amendment): Preamble; Articles 1, 12 to 35, 36 to 51, 51A, 52 to 78, 79 to 123, 124 to 151, 153 to 213, 214 to 237, 243K, 246 to 263, 280, 315 to 324, 326, 330A to 334A, 352 to 360, 368, 371D, 371E; Fourth, Seventh, Eighth and Ninth Schedules; the footnotes for amendment years and judgments.
• Wikipedia pages on the basic structure doctrine, the Constituent Assembly of India and Fundamental Duties of India (cross-check only, for case years, assembly dates and the origin of the duties).

Not verified in a primary source and hedged in the text: the exact 24-hour rule wording of Article 22(2) and the list of writs in textbook form (standard text, read in outline); the claim that Article 32 is described as the heart and soul of the Constitution (a textbook attribution to Ambedkar, not checked in the Assembly debates); Emergency years of 1962, 1971 and 1975 and the Sarkaria and Punchhi Commission years (standard references, not opened); the current number of Supreme Court judges (set by Parliament, so check the latest Act). Strength figures for the Andhra Pradesh Legislature are taken from the Reorganisation Act explainer on this site.