Principles of democracy and their constitutional basis

Detail

1. The basic principles of democracy (Class 7)

• Equality means every person is treated the same. It has three parts:
• Equal treatment by the State and by society.
• Equal access to education and health care.

• Equality before law: the same law applies to everyone.

• Freedom means people can make their own choices and say what they think (freedom of choice and expression).

• Representative participation: people elect representatives, and those representatives make decisions for them.
• Universal adult franchise means every adult citizen can vote. Caste, religion, sex, wealth and education make no difference.
• Fundamental rights are basic rights written into the Constitution. Citizens can go to court to protect them.
• Independent judiciary: the courts are free from control by the government. This lets them protect rights and check misuse of power.
• These ideals grew over time. Countries did not get them all at once:
• India gave the vote to all adults, women included, from the start, when the Constitution came into force in 1950.
• Switzerland is an old democracy, yet Swiss women got the vote in federal elections only in 1971.
• So the age of a democracy does not show how inclusive it is.

2. The "non-negotiable" principles and their legal anchors (Class 9)

(a) Popular sovereignty

• Popular sovereignty means all power in the State comes from the people. The government holds power only because the people gave it.
• Preamble: it begins with "We, the People of India". The Constitution was made by the people and given to themselves. No king or foreign power gave it.
• Art. 326 says elections to the Lok Sabha and the State Legislative Assemblies are held on the basis of adult suffrage (voting by all adults).
• Any citizen aged at least 18 on the qualifying date can be registered as a voter [6].
• A person can be disqualified only under a law, on grounds such as non-residence, unsoundness of mind, crime, or corrupt or illegal practice [6].

• Voting is by secret ballot, so no one can know or punish a person's choice.

• The voting age was lowered:

• The 61st Amendment Act, 1988 replaced "twenty-one years" with "eighteen years" in Art. 326 [4].
• It came into force on 28 March 1989 [4].
• Its stated aim was to give young people, who are literate and aware, a voice in politics [4].

(b) Rule of law

• Rule of law means the law is supreme. It applies equally to everyone, including the Prime Minister, ministers and officials. No one is above the law.

• Dicey's three meanings come from A.V. Dicey, Law of the Constitution (1885): 1. Supremacy of law: no one can be punished except for breaking a law. Arbitrary power has no place. 2. Equality before law: ordinary courts apply the same law to everyone, officials included. 3. Rights come from court decisions: in Britain, rights grew from judges' rulings. In India this third meaning does not fully apply, because our rights come from a written Constitution.

• Art. 14 has two parts:

• Equality before law: no one gets special treatment. This idea came from Britain.

• Equal protection of laws: people in the same situation are treated alike. The State may treat unequal groups differently if there is a fair reason. This idea came from the USA.

• Art. 21 says no person shall lose life or personal liberty except by procedure established by law.

• In the Maneka Gandhi case (1978), the Supreme Court held that this procedure must be "just, fair and reasonable".

• It cannot be arbitrary. So a law that simply exists is not enough; the law must also be fair.

• Basic structure: this is the core of the Constitution, which Parliament cannot destroy even by amendment. Rule of law is part of this core.

(c) Fundamental rights

• Fundamental rights are listed in Part III. Ordinary rights come from ordinary laws. Fundamental rights come from the Constitution itself, and courts enforce them directly.

Group	Articles	Main content
Right to Equality	14–18	Equality before law; no discrimination; equal chance in public jobs; untouchability abolished; titles abolished
Right to Freedom	19–22	Six freedoms (speech, assembly, association, movement, residence, profession); life and liberty (21); education (21A); protection against arrest
Right against Exploitation	23–24	No human trafficking or forced labour; no child labour in hazardous work
Right to Freedom of Religion	25–28	Freedom of conscience; managing religious affairs; no forced religious tax or instruction
Cultural and Educational Rights	29–30	Minorities can protect their language and culture, and set up and run educational institutions
Right to Constitutional Remedies	32	Right to go directly to the Supreme Court when a fundamental right is violated

• Enforcement:
• Under Art. 32, a person can go to the Supreme Court.
• Under Art. 226, a person can go to a High Court.
• Both courts issue writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto.

• Art. 226 is wider. A High Court can enforce fundamental rights and also other legal rights.

• Property: the 44th Amendment (1978) removed the right to property from the list of fundamental rights.

• It is now a constitutional right under Art. 300A.

• Courts can still protect it, but not through Art. 32.

• Art. 21A (right to education):

• It was inserted by the 86th Amendment Act, 2002, dated 12 December 2002 [5].
• It says the State shall provide free and compulsory education to all children aged 6 to 14, in the manner the State decides by law [5][7].
• Parliament passed the Right of Children to Free and Compulsory Education (RTE) Act, 2009 to give effect to it [5].
• Art. 21A took effect on 1 April 2010, together with the RTE Act.
• (NCERT says Art. 21A was "added in 2009". That is wrong: it was inserted in 2002, and 2009 is the year of the RTE Act.)

3. The other principles

(a) Separation of powers with checks

• Separation of powers means the three organs (legislature, executive and judiciary) have separate jobs. Checks and balances means each organ can limit the others.
• Parliament and the courts check each other:
• Parliament can amend the Constitution under Art. 368.

• Courts can strike down an amendment that damages the basic structure. This power is called judicial review: the power of courts to cancel laws or government actions that break the Constitution.

• Art. 50 tells the State to keep the judiciary separate from the executive.

• Public Interest Litigation (PIL) lets any public-spirited person go to court for people who cannot go themselves. This makes justice easier to reach. (See: state-government-governance.)

(b) Accountability and transparency

• Accountability means those in power must explain their actions and can be removed. Transparency means people can see how decisions are made.
• Tools:
• Elections: voters can remove a government.
• Public debate and civil society (groups of citizens outside government).
• The Right to Information (RTI) Act, 2005: citizens can ask for government records.
• Question Hour: MPs question ministers in Parliament.
• Audit by the CAG (Comptroller and Auditor General, Art. 148), which checks how public money is spent.

(c) Multi-party system

• A multi-party system has many parties competing for power. The party or coalition (a group of parties acting together) with a majority of seats forms the government.
• Legal basis:
• The Representation of the People Act (RPA), 1951: parties register with the ECI under its Section 29A.

• The Election Symbols (Reservation and Allotment) Order, 1968: it governs party recognition and election symbols.

• Delisting of inactive parties in 2025:

• The ECI's registration guidelines say that a party which does not contest any election for 6 years in a row shall be removed from the list [2].
• Phase 1 (9 August 2025): 334 registered unrecognised political parties (RUPPs) were delisted. Listed RUPPs fell from 2,854 to 2,520 [2].
• Phase 2 (18 September 2025): another 474 RUPPs were delisted. That makes 808 delisted in about two months [3].
• The largest numbers in phase 2 came from Uttar Pradesh (121), Maharashtra (44), Tamil Nadu (42) and Delhi (40) [3].
• Another 359 RUPPs were found not to have filed audited accounts for FY 2021-22 to 2023-24, or election expenditure reports [3].
• Before delisting, each party gets a show-cause notice and a hearing before the state's Chief Electoral Officer [2].
• (NCERT: "over 2,800 registered parties". Verify the current figure. See: political-parties.)

(d) Protection of vulnerable groups

• Art. 46 is a Directive Principle (a duty of the State that courts cannot enforce). It asks the State to promote the education and economic interests of weaker sections, especially Scheduled Castes and Scheduled Tribes, and to protect them from social injustice and exploitation.
• In a democracy, the majority rules, but minorities and weaker groups must stay safe. (See: vulnerable-sections-safeguards.)

4. Processes, institutions and values (Class 9 table)

Process	Institution	Value it protects
Legislative	Parliament, State Legislatures	Representation, deliberation (careful discussion), dissent (the right to disagree)
Electoral	Election Commission of India (Art. 324)	Participation, equality (one person, one vote)
Judicial	Supreme Court, High Courts	Rule of law, justice
Participatory	Media, civil society	Debate, free expression
Accountability	CAG, CIC, Lokpal, CVC	Transparency
Decentralisation	Local bodies (panchayats, municipalities)	Grassroots participation
Federalism	Written division of powers (Seventh Schedule); residuary power with the Union (Art. 248)	Devolution (sharing power between levels)

• Federalism means power is divided between the Union and the states. Residuary power is the power to make laws on subjects not named in any list, and in India it lies with the Union.

5. The Constitution as a living document

• Making it:
• The Constitution was adopted on 26 November 1949, after 2 years, 11 months and 18 days of work.

• It came into force on 26 January 1950.

• Living document means it can change with the times while keeping its core values.

• Art. 368 gives Parliament the power to amend it. There are three ways:

Type	Majority needed	Examples
Simple majority of Parliament (outside Art. 368)	More than half of members present and voting	Creating new states (Arts. 2–4)
Special majority (Art. 368)	Majority of the total membership of each House and two-thirds of members present and voting	Fundamental rights, DPSPs
Special majority plus ratification by states	As above, plus approval by the legislatures of at least half the states	Election of the President, Seventh Schedule, representation of states in Parliament

• Amendment steps: 1. An amendment bill can be introduced in either House, by a minister or a private member. The President's prior permission is not needed. 2. Each House must pass it separately by special majority. A joint sitting (both Houses meeting together to settle a disagreement) is not allowed for amendment bills. 3. If the bill touches federal provisions, at least half the states must ratify it, by a simple majority in their legislatures. There is no time limit. 4. The President must give assent and cannot withhold it.

• Limit: an amendment cannot destroy the basic structure. This keeps the core values safe. (See: constitution-making.)

Prelims Hooks

• 61st Amendment, 1988 lowered the voting age in Art. 326 from 21 to 18. It came into force on 28 March 1989.
• Art. 21A was inserted by the 86th Amendment (2002), not in 2009. It took effect on 1 April 2010 with the RTE Act 2009 and covers children aged 6–14.
• Maneka Gandhi (1978): under Art. 21, "procedure established by law" must be just, fair and reasonable.
• 44th Amendment (1978): the right to property left Part III and is now Art. 300A.
• Art. 14: "equality before law" is the British idea and is negative (no special favour). "Equal protection of laws" is the American idea and is positive (equal treatment in equal situations).
• Art. 32 vs Art. 226: Art. 32 covers only fundamental rights and is itself a fundamental right. Art. 226 also covers other legal rights.
• Dicey (1885) gave the three meanings of the rule of law. The third one, rights coming from court decisions, does not fully fit India.
• ECI 2025: 334 RUPPs delisted (9 Aug) and 474 delisted (18 Sept), a total of 808. The rule: no election contested for 6 years in a row.
• Trap: Swiss women got the federal vote only in 1971. India had universal adult franchise from 1950.
• Art. 46 is a Directive Principle, not a fundamental right. It protects the interests of SCs, STs and weaker sections.

Mains Points

• Formal rights vs real rights:
• Arts. 14, 21 and 326 guarantee rights on paper.
• Rights become real only when people can reach the courts (Arts. 32 and 226, PIL) and when accountability bodies work (CAG, CIC, Lokpal).

• Maneka Gandhi (1978) moved India from "any procedure set by law" towards due process, meaning the law must also be fair.

• Inclusive franchise:

• India gave the vote to every adult from day one in 1950.
• Older democracies such as Switzerland (1971) took decades to include women.

• Lowering the voting age to 18 (61st Amendment) widened youth participation. This is good evidence that democracy can deepen over time.

• Too many parties:

• Thousands of registered parties that never contest elections can be misused, for example for tax exemptions or money laundering.
• The 2025 delisting of 808 RUPPs shows the ECI cleaning up the list.

• Reform proposals include giving the ECI a clear legal power to deregister parties. At present the RPA 1951 does not give this power directly.

• Flexibility vs stability:

• Art. 368 lets the Constitution adapt to change.
• The basic structure limit stops a temporary majority from destroying democracy, rule of law or judicial review.