Unit 1
Making up the Indian Constitution.
- In 1928, few Congress leaders drafted a constitution for India.
- In 1931, in the Karachi session of the INC passed a resolution Or what should be the structure, an objective of the Indian Constitution
- In the above 2 meetings, there were certain common concept agreed upon inclusion of Universal adult franchise, right to freedom and equality, protecting the rights of minorities.
Fact.
- The constitution was drafted for two years, 11 months, 17 days.
- It was handwritten by a calligrapher whose name was Prem Bihari Narayan Raizada.
Background of Constitution.
Constituent assembly.
Fact.
- The Constituent Assembly were elected representatives.
- The election was held in 1946.
- The Constituent Assembly had 299 members.
- The Constitution was adopted in November 26 1949.
- It was effective from 26 January 1950.
- The Constituent Assembly was directly chosen by the people of India. The provincial legislature selected to representatives.
- 25% of the members came from princely states.
- Only 15% were women.
- There were other people like socialist, liberals, member of the Hindu Mahasabha, Muslim League and also representatives from the Adivasi community.
- Some of the other members of Constituent Assembly were Ballabvai Patel, Abdul Kalam Azad, T.T. Krisnamachari, Durgabai Deshmukh, Baldev Singh
- The chairman of the drafting community was Dr. Bhimrao Ambedkar.
- The Assembly worked in a systematic, open and consensual manner.
The proceeding of the Constituent Assembly is still preserved in 12 volumes and they provide the rationale behind the provisions of the constituent.
The British government introduced constitutional amendments from time to time in response to popular pressure of the Indian people.
The Government of India Act, 1858.
- It established the British Crown as the ruler of India.
- The control of the British Crown in Parliament was to be exercised by the Secretary of State in India.
- The Governor General would present the Crown in India and an executive council would assist him.
- Every province would have a governor.
- Imperial rule was established and local public opinion did not find any place.
Indian Council Act, 1892.
- To increase the number of members in the Imperial legislature and provincial legislature.
- Elections to the provincial legislature were held, but some seats were reserved for important sections of the population.
- The non official members were elected by parties like the Chamber of Commerce, Universities and Municipalities and direct boards.
Indian Council Act of 1909.
- The 1909 act was add update becaused extremist leadership of national movement like Balgangadhar Tilak, Bipin chandra pal, Lala Rajpat rai demanded that a new act must be framed.
- Membership was increase along with elected non official members.
- Separate representation was given to the Hindu and Muslim electorate.
- The act did a permanent damage to the nationalist movement because of the Muslim representation given in access to the population.
- Other communities also began to demand special representation. Some of that emerging communities are The Sikh, The horizons., the Anglo Indians, The Indian Christian, The Europeans.
Government of India Act, 1919.
- This act came as a reform of the Montagu-Chelmsford scheme.
- The Office of the High Commissioner of the India was created and the power of the Secretary of State was reduced.
- Administration was put under two list.
The central list.
Provincial list.
- The central list had subjects like Law, Revenue, Justice, Irrigations, prisons.
- The provincial list had subjects like education, public works, local self government, public health etc.
- The system of direct election to from Provincial Assemblies was accepted. However the qualification to fight election was Property
- The minister in the provinces were responsible to the governor and not To the legislature.
Government of India Act, 1935.
- 3 list – Federal list, Provincial list, Concurrent List.
- Certain emergency powers were given to the governor general of India.
- Introduction of Diarchy In the centre.
- The Act provided that a federal form of governess will come in the operation in 1937.
- In the elections, the Congress Party formed the government in eight provinces and the Muslim League did not do so well. The Congress and the British began to have differences where the former did not want India to be involved in the World War II. The Congress minister in the province resign to protest.
- In August 1940, the Viceroy made a declaration that a new constitution would be formed an the drafting would be done by the Indian themselves. This declaration was known As August Revolution.
Simon Commission.
- The Simon Commission was a statutory Commission that was appointed in 1927.
- The Commission was faced with Hartals And protest.
- The main political party and platform, which was the Congress party in two groups. a) The Moderats who supported the dominance status of India. b) The left wing Congress who wanted immediate independence.
- The simon report suggested changes in the executive and legislative setup and the provinces.
- The Central Legislative Assembly was to be called the Federal Assembly.
- Provincial councils would elect members from provinces to the federal assembly.
Communal represent was to continue.
A new institution called Council for Greater India was proposed and the members would be from the British provinces and Princely states.
Nehru Report.
In 1928, a committee of members with Motilal Nehru as the chairman was formed.
They recommended
- Some fundamental rights.
- Parliamentary system of cabinet government headed by our Prime Minister.
- The Central Legislature would consist of two houses, lower house with elected representatives, upper house to be elected by the poor legislature.
Cripps Mission 1942.
Sir Cripps put forward his recommendation as follows
- A constitution making body would be elected after the war by the member of the provincial constitution making body.
- This proposal gave freedom to the provinces and the princely states to accept or reject a constitution that would be framed.
- The Muslim League was an unhappy because the mission did not accept a separate Muslim nation.
- The group’s proposal was suddenly withdrawn in April 1942, and so the Congress announced the Quit India Movement 1942.
Cabinet Mission 1946.
- The Cabinet Mission 1946 was added by Lord Patrick Lawrence and also had Sir Cripps as a member. The cabinet mission was to make recommendation of transfer of power.
- it suggested the formation of the constituent assembly
- The composition of the constituent assembly to be in proportion two different communities and 8 groups.
- It laid down the working principle of the Constituent Assembly.
- While the Constituent assembly would prepare the constitution, an interim government would be formed.
Lord Mount Batten.
- In 1947, the Mountbatten Plan was announced that India will be partitioned.
- The planned outline that division of provinces.
- The Punjab and Bengal Assemblies would decide how they wanted to be partitioned and whether they would be part of India or not.
- A separate Constituent Assembly for Pakistan was set up in July 1947.
- The plan provided for an interim government for India and Pakistan and also an interim constitution by amending the 1935 Act.
Indian Independence Act, 1947.
- Indian Independence Act 1947 was made-up of 20 clauses.
- It declares that India and Pakistan would be given power on 15 August 1947.
- The princely states would be free to decide to remain independent or join either India or Pakistan.
- The office of the Secretary of State was removed.
- The constitutional heads would be the Governor General and the provincial governors.
- There would be a Council of Ministers.
Preamble to Constitution.
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a ‘[SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to al its citizens:
JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity and to promote among them all;
FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation];
IN OUR CONSTITUENT ASSEMBLY
this twenty-sixth day of November, 1949 do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
Sovereign
- This refers to the Unquestioned acceptance of the authority of the state within its territory and also by other states.
- The Indian state is recognised as having legitimate authority over its own territory and People.
Socialist.
- The term socialist was included in 1976 by the 42nd amendment of the Constitution.
- Economic justice is a goal of the Indian state and the Constitution has provisions.
- Some of the provisions are In the fundamenta Right and at the directive principles.
Secular.
- The word secular was also included by the 42nd Amendment.
- The states participates equally and promote all religious faith equally.
- Some of the secularist goals are included in the fundamental rights, such as right to believe, Faith and worship, right to religious expression.
- Article 25-28 provides the right to freedom of religion and equality of status.
Democracy.
- One of that test of Democracies is adult franchise.
The Election Commission of India conducts elections both for the Centre and the states after every five years.
- The second test of democracy is the implementation of the idea of a welfare state.
Influences on Indian Constitution
- Great Britain
- USA,
- Ireland
- Australia.
Parliamentary democracy.
Great Britain has the institution of Parliament and democracy since centuries.
When the Indian Constitution was being written, the Constituent Assembly being adopted few things from the Constitution of Great Britain
- Parliamentary form of government.
- The process of law making.
- The institution of the Speaker of the Assembly and.
- Single citizenship.
Federal structure.
The USA Constitution have given us a idea of federalism. The Indian Constitution has borrowed American institutions such as.
A. Supremacy of the Constitution.
B. Independent judiciary.
C. Judicial review.
D. Elected head of the state.
E. The procedure for impeachment of the President.
F. The process of Ratification Constitutional amendment by legislature.
G. Fundamental rights of Part III along the lines of the Bill of Rights of the American Constitution.
Directive Principles of State Policy. ( Ireland )
- The Irish constitution has influenced the welfare state idea included in the Indian constitution.
- The method of the election of the president.
- Nomination of Members to the Rajya Sabha or the Upper House.
- The members are selected from the fields of art, literature, science, social service, sports, entertainment.
From Australia.
Indian Constitution has borrowed from the concurrent list under the 17th schedule of Article 245 and 246.
From Canada.
The Canadian system has even asked a idea of Union of States and the power residing on the Union.
What is federalism?
Federalism is the sharing of power between 2 authorities. The central and the units.
The subject’s provisions that are of national interest reside under the Union government.
A single citizen can fall under two layers of government, and each layer will have its own jurisdiction.
For example, taxation laws and laws under administration.
The Constitution guarantees the authority of each layer of government.
The federal structure in India is guided by the three list.
1.The union list.
2. State list.
3. Concurrent list.
The Concurrent list have subjects on which both the Union government and the state government can frame laws. However, if there is a dispute, then the Government of India will be given more weight than the state.
The emergency power of the President of India is incorporated in part ( IVIII ) these powers are used under Extra ordinary circumstances like external elevation, internal disturbance and failure of constitutional machinery and lastly, financial instability.
During emergency, the fundamental rights are suspended in all. Legislative power of the state is also suspended.
The independence power of judiciary of Part VIII of the Constitution. This is a federal characteristic. The judiciary is the guardian of the constitution and the interpreter in times of dispute and conflict. However, the laws by Parliament and State Legislature are examined by the Judiciary to see if they are constitutionally appropriate. This is known as judicial review. The Indian judicial system is not like the USA. The USA is far more federal because of the principle of Due Process of law (DPL) is followed. The Indian system follows the parliamentary to decide the course of law and therefore the judiciary thought independent has to work according to the parliamentary law making powers.
Amendments
| First Amendment Act, 1951 |
| The state was empowered to make special provisions for the advancement of socially and backward classes |
| Second Amendment Act, 1952 |
| The scale of representation in the Lok Sabha was readjusted stating that 1 member can represent even more than 7.5 lakh people. |
| Seventh Amendment Act, 1956 |
| The provision of having a common High Court for two or more states was introduced |
| Ninth Amendment Act, 1960 |
| Adjustments to Indian Territory as a result of an agreement with Pakistan (Indo-Pak Agreement 1958): Cession of Indian territory of Berubari Union (West Bengal) to Pakistan |
| Tenth Amendment Act, 1961 |
| Dadra, Nagar, and Haveli incorporated in the Union of Indian as a Union Territory |
| 12th Amendment Act, 1962 |
| Goa, Daman and Diu incorporated in the Indian Union as a Union Territory |
| 13th Amendment Act, 1962 |
| Nagaland was formed with special status under Article 371A |
| 14th Amendment Act, 1962 |
| Pondicherry incorporated into the Indian Union |
Unit 2
Unit 3
Separation of Powers
In India, a separation of functions rather than of powers is followed. Unlike in the US, in India, the concept of separation of powers is not adhered to strictly. However, a system of checks and balances have been put in place in such a manner that the judiciary has the power to strike down any unconstitutional laws passed by the legislature.
Today, most constitutional systems do not have a strict separation of powers between the various organs in the classical sense because it is impractical. In the following sections, we will see the prevailing system in India, what the relationship between each organ is, and the constitutional provisions thereof.
Before proceeding with the relationships, let us examine in brief what the functions of each organ of the government are.
What is the Legislature?
The chief function of the legislature is to enact laws.
- It is the basis for the functioning of the other two organs, the executive and the judiciary.
- It is also sometimes accorded the first place among the three organs because until and unless laws are enacted, there can be no implementation and application of laws.
What is the Executive?
The executive is the organ that implements the laws enacted by the legislature and enforces the will of the state.
- It is the administrative head of the government.
- Ministers including the Prime/Chief Ministers and President/Governors form part of the executive.
What is the Judiciary?
The judiciary is that branch of the government that interprets the law, settles disputes and administers justice to all citizens.
- The judiciary is considered the watchdog of democracy, and also the guardian of the Constitution.
- It comprises of the Supreme Court, the High Courts, District and other subordinate courts.
Differences between Rajya Sabha and Vidhan Sabha:
| Rajya Sabha (Council of States) | Vidhan Sabha (State Legislative Assembly) |
| Rajya Sabha refers to the Upper House of the Indian Parliament. | Vidhan Sabha refers to the lower house of the State Legislature |
| Rajya Sabha members are indirectly elected by the elected representatives of the Assemblies of States and Union Territories | Members of the State Legislative Assembly or Vidhan Sabha are elected through direct elections; that is, they are directly elected by the people. |
| The minimum age required to become a member of the Rajya Sabha is 30 years | The Minimum age required to become a member of Vidhan Sabha is 25 years |
| The Vice President is the chairman of the Rajya Sabha. | Speaker is the presiding officer of the Vidhan Sabha |
| The strength of the Rajya Sabha is 250 members | In Vidhan Sabha, the maximum number of members is 500, and the minimum number of members is 60. |
| Each member is elected for a term of 6 years. 1/3rd members retire every second year. | Each member is elected for a term of 5 years. |
| There is only 1 Rajya Sabha in India. | All the states in India have Vidhan Sabha (State Legislative Assembly) |
| Rajya Sabha is a permanent body | Vidhan Sabha is not a permanent body. |
Federalism in India
India is a federal system but with more tilt towards a unitary system of government. It is sometimes considered a quasi-federal system as it has features of both a federal and a unitary system. Article 1 of the Indian Constitution states, ‘India, that is Bharat, shall be a union of states’. The word federation is not mentioned in the constitution.
Elements of federalism were introduced into modern India by the Government of India Act of 1919 which separated powers between the centre and the provincial legislatures.
Read about Constituent Assembly debates on Federalism in the linked article.
Federal Features of the Indian Union
- Governments at two levels – centre and states
- Division of powers between the centre and states – there are three lists given in the Seventh Schedule of the Constitution which gives the subjects each level has jurisdiction in:
- Union List
- State List
- Concurrent List
- Supremacy of the constitution – the basic structure of the constitution is indestructible as laid out by the judiciary. The constitution is the supreme law in India.
- Independent judiciary – the constitution provides for an independent and integrated judiciary. The lower and district courts are at the bottom levels, the high courts are at the state levels and at the topmost position is the Supreme Court of India. All courts are subordinate to the Supreme Court.
Unitary Features of the Indian Union
- The flexibility of the Constitution – the Constitution is a blend of flexibility and rigidity. Certain provisions of the Constitution can be easily amended. In case the amendments seek to change aspects of federalism in India, the provision to bring about such amendments is not easy. (Read about types of majorities in Indian Parliament using which amendments or certain other provisions are introduced.)
- More power vests with the Centre – the constitution guarantees more powers with the Union List. On the Concurrent List subjects, the parliament can make laws that can override the laws made by a state legislature on some matters. The parliament can also make laws regarding certain subjects in the State List.
- Unequal representation of states in the Rajya Sabha – the representation of the states in the upper house is based on the states’ populations. For example, Uttar Pradesh has 31 seats and Goa, 1 in the Rajya Sabha. In an ideal federal system, all the states should have equal representation.
- The executive is a part of the legislature – in India, the executive in both the centre and the states is a part of the legislature. This goes against the principle of division of powers between the different organs of the government.
- Lok Sabha is more powerful than the Rajya Sabha – in our system, the Lok Sabha is more powerful than the upper house and unequal powers to two houses is against the principle of federalism.
- Emergency powers – the centre is provided with emergency powers. When an emergency is imposed, the centre has increased control over states. This undermines the autonomy of the states. (You may also read about President’s rule – Article 356 in the linked article.)
- Integrated judiciary – the judiciary in India is integrated. There is no separate judiciary at the centre and the state levels. (Gain more information about Indian Judiciary from the notes mentioned in the linked article.)
- Single citizenship – in India, only single citizenship is available to citizens. They cannot be citizens of the state as well. This helps in increasing the feeling of nationality as it forges unity amidst regional and cultural differences. It also augments fundamental rights such as the freedom of movement and residence in any part of the nation.
- Governor’s appointment – the governor of a state acts as the centre’s representative in the state. The state government does not appoint the governor, the centre does.
- New states formation – the parliament has the power to alter the territory of a state by increasing or reducing the area of the state. It can also change the name of a state.
- All India Services – through the All India Services such as the IAS, IPS, etc. the centre interferes in the executive powers of the states. These services also offer uniformity in administration throughout the nation.
- Integrated election machinery – the Election Commission of India is responsible for conducting free and fair elections at both the centre and the state levels in India. The members of the EC is appointed by the president.
- Veto over states bills – The governor of a state can reserve certain kinds of bills for the president’s consideration. The president enjoys absolute veto on these bills. He can even reject the bill at the second instance that is when the bill is sent after reconsideration by the state legislature. This provision is a departure from the principles of federalism. (Read in detail about veto power in the linked article.)
- Integrated audit machinery – the president of the country appoints the CAG who audits accounts of both the centre and the states.
- Power to remove key officials – the state government or state legislature does not have the authority to remove certain key government officials even at the state level like the election commissioner of a state, judges of the high courts, or the chairman of the state public service commissions
The President of India has many powers and functions, including:
- Legislative powers: The President can nominate 12 members of Rajya Sabha.
- Executive power: The President appoints the leader of the majority party as Prime Minister.
- Defence power: The President is the head of the defence forces.
- Appoint judges: The President appoints the Chief Justice of India, judges of the Supreme Court, and the High Courts.
- Make treaties: The President makes international treaties, declarations, and agreements.
- Dissolve the Lok Sabha: The President can dissolve the Lok Sabha.
- Promulgate Ordinances: The President can promulgate Ordinances at any time, except when both Houses of Parliament are in session.
- Grant pardons: The President can grant pardons, reprieves, and respites.
- Protect the constitution: The President’s primary duty is to preserve, protect, and defend the constitution and the law of India.
The Prime Minister of India has the following powers and functions:
- Leader of the country
The Prime Minister is the head of the government and the leader of the Council of Ministers. - Portfolio allocation
The Prime Minister has the authority to assign portfolios to the Ministers. - Chairman of the Cabinet
The Prime Minister is the chairman of the cabinet and presides the meetings of the Cabinet. - Leader of the house
The Prime Minister acts as the leader of the house of the chamber of parliament. - Representing the executive
The Prime Minister represents the executive in the legislature, announces important legislation, and responds to the opposition’s concerns.
The governor of a state in India
- Legislative powers
When presented with a bill, the governor can approve it, withhold consent, or return it to the Houses for reconsideration. - Judicial powers
The governor can pardon, grant a reprieve, respite, suspend, or commute the punishment of any person convicted of any offense against state law. - Executive powers
The governor exercises these powers directly or through subordinate officers. The council of ministers exercises these powers in the name of the governor. - Financial powers
The governor summons and prorogue the state legislature, appoints ministers, and presents the annual budget.
Unit 4
What are Fundamental Rights?
Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. Significantly, fundamental rights are enforceable by the courts, subject to certain conditions.
Why are they called Fundamental Rights?
These rights are called fundamental rights because of two reasons:
- They are enshrined in the Constitution which guarantees them.
- They are justiciable (enforceable by courts). In case of a violation, a person can approach a court of law.
How many Fundamental Rights are there in the Indian Constitution?
There are six fundamental rights in the Indian Constitution. They are mentioned below along with the constitutional articles related to them:
- Right to Equality (Article 14-18)
- Right to Freedom (Article 19-22)
- Right against Exploitation (Article 23-24)
- Right to Freedom of Religion (Article 25-28)
- Cultural and Educational Rights (Article 29-30)
- Right to Constitutional Remedies (Article 32)
Why Right to Property is not a Fundamental Right?
There was one more fundamental right in the Indian Constitution, i.e., the right to property.
However, this right was removed from the list of fundamental rights by the 44th Constitutional Amendment.
This was because this right proved to be a hindrance towards attaining the goal of socialism and redistributing wealth (property) equitably among the people.
Is right to property a constitutional right or legal right?
Note: The right to property is now a legal right and not a fundamental right.
6 Fundamental Rights of India
In this section, we list the fundamental rights of India and briefly describe each of them.
1. Right to Equality (Articles 14 – 18)
The right to equality is one of the important fundamental rights of the Indian Constitution that guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of birth. It ensures equal employment opportunities in the government and insures against discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition of titles as well as untouchability.
Aspirants can read more about the Right to Equality in the linked article.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution guarantees freedom to citizens. The freedom right includes many rights such as:
- Freedom of speech
- Freedom of expression
- Freedom of assembly without arms
- Freedom of association
- Freedom to practise any profession
- Freedom to reside in any part of the country
Read more on the Right to Freedom in the linked article.
Some of these rights are subject to certain conditions of state security, public morality and decency and friendly relations with foreign countries. This means that the State has the right to impose reasonable restrictions on them.
Aspirants can find the details on Right to Life (Article 21), in the linked article.
3. Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, begar, and other forms of forced labour. It also implies the prohibition of employment of children in factories, etc. The Constitution prohibits the employment of children under 14 years in hazardous conditions.
Read more on the Right against Exploitation in the linked article.
4. Right to Freedom of Religion (Articles 25 – 28)
This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is freedom of conscience, profession, practice and propagation of religion. The State has no official religion. Every person has the right to freely practice his or her faith, and establish and maintain religious and charitable institutions.
Read more on the Right to Freedom of Religion in the linked article.
5. Cultural and Educational Rights (Articles 29 – 30)
These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve their heritage and culture. Educational rights are for ensuring education for everyone without any discrimination.
Read more on Cultural and Educational Rights in the linked article.
6. Right to Constitutional Remedies (32 – 35)
The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for enforcing fundamental rights.
Read more on the Right to Constitutional Remedies (Article 32) in the linked article.
All civil services exam aspirants must go through the features of the Fundamental Rights discussed further below in this article.
Features of Fundamental Rights
- Fundamental rights are different from ordinary legal rights in the manner in which they are enforced. If a legal right is violated, the aggrieved person cannot directly approach the SC bypassing the lower courts. He or she should first approach the lower courts.
- Some of the fundamental rights are available to all citizens while the rest are for all persons (citizens and foreigners).
- Fundamental rights are not absolute rights. They have reasonable restrictions, which means they are subject to the conditions of state security, public morality and decency and friendly relations with foreign countries.
- They are justiciable, implying they are enforceable by courts. People can approach the SC directly in case of violation of fundamental rights.
- Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the amendment does not alter the basic structure of the Constitution.
- The Fundamental Rights of the Indian Constitution can be suspended during a national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be suspended.
- The application of fundamental rights can be restricted in an area that has been placed under martial law or military rule.
What are the Directive Principles of State Policy?
The Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable and the other being non-justiciable rights. The justiciable rights, as we know, are the Fundamental rights, whereas the non-justiciable ones are the Directive Principles of State Policy.
DPSP are ideals which are meant to be kept in mind by the state when it formulates policies and enacts laws. There are various definitions to Directive Principles of State which are given below:
- They are an ‘instrument of instructions’ which are enumerated in the Government of India Act, 1935.
- They seek to establish economic and social democracy in the country.
- DPSPs are ideals which are not legally enforceable by the courts for their violation.
Directive Principles of State Policy – Classification
Indian Constitution has not originally classified DPSPs but on the basis of their content and direction, they are usually classified into three types-
- Socialistic Principles,
- Gandhian Principles and,
- Liberal-Intellectual Principles.
The details of the three types of DPSPs are given below:
| DPSP – Socialistic Principles | |
| Definition: They are the principles that aim at providing social and economic justice and set the path towards the welfare state. Under various articles, they direct the state to: | |
| Article 38 | Promote the welfare of the people by securing a social order through justice—social, economic and political—and to minimise inequalities in income, status, facilities and opportunities |
| Article 39 | Secure citizens: Right to adequate means of livelihood for all citizens Equitable distribution of material resources of the community for the common good Prevention of concentration of wealth and means of production Equal pay for equal work for men and women Preservation of the health and strength of workers and children against forcible abuse Opportunities for the healthy development of children |
| Article 39A | Promote equal justice and free legal aid to the poor |
| Article 41 | In cases of unemployment, old age, sickness and disablement, secure citizens: Right to work Right to education Right to public assistance |
| Article 42 | Make provision for just and humane conditions of work and maternity relief |
| Article 43 | Secure a living wage, a decent standard of living and social and cultural opportunities for all workers |
| Article 43A | Take steps to secure the participation of workers in the management of industries |
| Article 47 | Raise the level of nutrition and the standard of living of people and to improve public health |
| DPSP – Gandhian Principles | |
| Definition: These principles are based on Gandhian ideology used to represent the programme of reconstruction enunciated by Gandhi during the national movement. Under various articles, they direct the state to: | |
| Article 40 | Organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government |
| Article 43 | Promote cottage industries on an individual or co-operation basis in rural areas |
| Article 43B | Promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies |
| Article 46 | Promote the educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation |
| Article 47 | Prohibit the consumption of intoxicating drinks and drugs which are injurious to health |
| Article 48 | Prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds |
| DPSP – Liberal-Intellectual Principles | |
| Definition: These principles reflect the ideology of liberalism. Under various articles, they direct the state to: | |
| Article 44 | Secure for all citizens a uniform civil code throughout the country |
| Article 45 | Provide early childhood care and education for all children until they complete the age of six years. (Note: 86th Amendment Act of 2002 changed the subject matter of this article and made elementary education a fundamental right under Article 21 A.) |
| Article 48 | Organise agriculture and animal husbandry on modern and scientific lines |
| Article 49 | Protect monuments, places and objects of artistic or historic interest which are declared to be of national importance |
| Article 50 | Separate the judiciary from the executive in the public services of the State |
| Article 51 | Promote international peace and security and maintain just and honourable relations between nations Foster respect for international law and treaty obligations Encourage settlement of international disputes by arbitration |
Unit 5
| Countries | Borrowed Features of Indian Constitution | |
| 1. | Australia | 1. Concurrent list 2. Freedom of trade, commerce and intercourse 3. Joint-sitting of the two Houses of Parliament |
| 2. | Canada | 1. Federation with a strong Centre 2. Vesting of residuary powers in the Centre 3. Appointment of state governors by the Centre 4. Advisory jurisdiction of the Supreme Court |
| 3. | Ireland | 1. Directive Principles of State 2. Policy Nomination of members to Rajya Sabha 3. Method of election of the president |
| 4. | Japan | Procedure Established by law |
| 5. | Soviet Union (USSR) (now, Russia) | 1. Fundamental duties 2. Ideals of justice (social, economic and political) in the Preamble |
| 6. | UK | 1. Parliamentary government 2. Rule of Law 3. Legislative procedure 4. Single Citizenship 5. Cabinet system 6. Prerogative writs 7. Parliamentary privileges 8. Bicameralism |
| 7. | US | 1. Fundamental rights 2. Independence of judiciary 3. Judicial review 4. Impeachment of the president 5. Removal of Supreme Court and High Court judges 6. Post of vice-president |
| 8. | Germany (Weimar) | Suspension of Fundamental Rights during emergency |
| 9. | South Africa | 1. Procedure for amendment in the Indian 2. Constitution Election of members of Rajya Sabha |
| 10. | France | Republic Ideals of liberty, equality and fraternity in the Preamble |