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Module 3 - Ic

Indian Constitution (mod 3)

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0% found this document useful (0 votes)
23 views

Module 3 - Ic

Indian Constitution (mod 3)

Uploaded by

sinan2004md
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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Indian Constitution

Module 3
Directive Principle of State Policy (DPSP)
Fundamental Duties (FDs) & Union
Excecutive

Presenting
by
Dr. Karthik Kumar M B
Directive Principle of State
Policy (DPSP)
• Article 36 - 51 of Part IV of the
constitution covers various aspects of
the DPSP
• Our constitution aims in
establishment of welfare state.
i.e., by achieving socio, economic and
political justice as mentioned in
preamble.
• To maintain that, constitution has
formed certain principles and policies
which is known as directive principle of
state policies.

1. The idea of DPSP is borrowed from the


constitution of
a) Ireland b) USSR
c) Switzerland d) France
• DPSP are fundamental to the
governance of the country. It is the duty
of the state to keep in mind about these
principles while making policies and
laws.
2. DPSP are
a) Political Rights b)Constitutional Rights
c) Social Rights d) Legal Rights

3. DPSP are
a) Judiciable b)Non- Judiciable
c) Always Judiciable d) Sometime Judiciable
4. The aim of the DPSP is to establish
a) Welfare state in the country
b) Communist state in our country
c) Capitalist state in our country
d) None of these

5. The enforcement of the DPSP depends on


a) The Judiciary
b) Resource available with the government
c) The will of the Government in the power
d) All of these
Classification of the DPSPs
1. Socialistic Principles (8 number of Articles)
(Article 38,39,39A,41,42,43,43A,47(1st part))
These principles are based on the socialism and
aim to promote social and economic justice

2. Gandhian Priciples (6 number of Articles)


(Article 40,43,43B,46,47(2nd part),48)
Derived from Gandhian ideology

3. Liberal Principles (7 number of Articles)


(Article 44,45,48,48A,49,50,51)
Based on the ideology of liberalism
• Article 36 – Defines the “state”
• Article 37 - Application of Principle
contained

Socialistic Principles:
Article 38 – To secure a social order for
the promotion of welfare of the people
To reduce inequality in status, income (44th
Amendment -1978), facilities & opportunities.

Article 39 – Adequate means of livelihood


Equal pay for equal work for both men &
women
Article 39A (42nd Amendment - 1976)
To provide free legal aid to the poor
Article 41 – To provide right to work, to
education and to public assistance by the
government in certain cases.
Article 42 – Provision for just and
humane conditions of work and maternity
relief.
Maternity Benefit Act: 1961 & 2017
Article 43 – Secure for worker
Living wages and other welfare measures
for the workers
Article 43A - Participation of workers in
the management of industries
Article 47 – To improve public health by increasing
level of nutrition and the living standard of the people.

Gandhian Principles
Article 40 - Organization of village (grama) panchayat
Article 43 – Secure for worker
To promote cottage Industries
Article 43B - Promotion of cooperative societies (97th
Amendment -2011)
Article 46 – To protect the weaker section of the society
(SCs, STs, OBCs, Women and Children) from social
injustice and exploitation.
Article 47 – To ban the consumption of intoxicating
drugs and drinks like alcohol, cigarettes, opium etc.,.
Article 48 – Organization of agriculture and animal
husbandry. Prohibit the slaughter of cows, cattle etc.,
and improve their breed
Liberal Principle
Article 44 – Uniform Civil Code for the citizen
Article 45 – The State shall endeavour to
provide early childhood care and education
for all children until they complete the age of
six years (86th Amendment - 2002)
Article 49 – Protection of monuments and
places and objects of national importance
Article 50 – Separation of judiciary from
executive
Article 51 – Promotion of international peace
and security
Relevance of the DPSPs
Even though the DPSPs do not have a legal force to
enforce, they are highly relevant to the overall interest of
the country

• DPSPs lay down the basic framework for the governance


and social and economic goals of the country. They acts
as a friend, guide and philosopher to the government.
• They acts like a general recommendation for the
constitution to the all Indian authorities and keep
reminding them about our social & economical goals.
• They helps the court to interpret laws in complex
situation.
• Provide stability to the government policies.
• Helps to measures the performance of the government.
• They empower the opposition parties to exercise control
over the ruling party if the latter deviates from the
DPSPs.
6. The DPSP may be classified into
a) Socialist, Gandhians and Liberals
b) Ghandians, Liberals and
Communists
c) Liberals and Communists
d) Socialist and Communists

a) Socialist, Gandhians and Liberals


7. This act was not passed to implement
DPSP
a) Forest act
b) Water Pollution Act
c) Arm act
d) Maternity Benefit Act

c) Arm act
8. Common Civil Code means
a) Common Civil Law applicable to all
b) Civil law applicable to Hindu, Muslim
and Christianity in certain matters
c) Common Civil Procedure Code
d) None of these

a) Common Civil Law applicable to all


9. Which article provides for the
separation of Judiciary from the
executive
a) 48
b) 50
c) 51
d) 51A

b) 50
10. Article 45 mandates the state to
provide for
a) Free and compulsory education for all
children
b) Free and compulsory education for
children up to 14 years of age
c) Free and compulsory education for
children up to 18 years of age
d) Early childhood care and education for
all children until they complete the age of
6 years
d) Early childhood care and education for all children until they
complete the age of 6 years
Fundamental Duties
• Fundamental duties means the moral
work that needs to be obliged by all the
citizens.
• Included in constitution in 42nd
Amendment – 1976.

• Recommended by Sardar Swaran Singh


Committee.

• Fundamental Duties in the Indian


Constitution are borrowed from the
Constitution of USSR (Russia).
Part IV(A), Article 51A – 11
Fundamental Duties
a) To abide by the Constitution and
respect its ideals and institutions, the
National Flag and the National Anthem.

b) To cherish and follow the noble ideals


which inspired our national struggle for
freedom.

c) To uphold and protect the sovereignty,


unity and integrity of India
d) To defend the country and render
national service when called upon to do
so.

e) To promote harmony and the spirit of


common brotherhood amongst all the
people of India transcending religious,
linguistic and regional or sectional
diversities; to renounce practices
derogatory to the dignity of women.

f) To value and preserve the rich heritage


of our composite culture.
g) To protect and improve the natural
environment including forests, lakes,
rivers and wild life, and to have
compassion for living creatures.

h) To develop the scientific temper,


humanism and the spirit of inquiry
and reform.

i) To safeguard public property and to


abjure violence.
j) To strive towards excellence in all
spheres of individual and collective
activity so that the nation constantly
rises to higher levels of endeavour and
achievement.

k) Who is a parent or guardian to provide


opportunities for education to his child
or, as the case may be, ward between
the age of six and fourteen years.
(86th Amendment Act - 2002)
1. Fundamental Duties were added in
the Constitution of India under the
leadership of which Prime Minister of
India?
a) Narasimha Rao
b) Charan Singh
c) Indira Gandhi
d) None of the Above
1. Fundamental Duties were added in
the Constitution of India under the
leadership of which Prime Minister of
India?
a) Narasimha Rao
b) Charan Singh
c) Indira Gandhi
d) None of the Above
2. Which of the following Constitution
(Amendment) Acts added Fundamental
Duties to the Constitution of India?

a) 41st Amendment Act, 1976


b) 42nd Amendment Act, 1976
c) 44th Amendment Act, 1978
d) 45th Amendment Act, 1980
2. Which of the following Constitution
(Amendment) Acts added Fundamental
Duties to the Constitution of India?

a) 41st Amendment Act, 1976


b) 42nd Amendment Act, 1976
c) 44th Amendment Act, 1978
d) 45th Amendment Act, 1980
3. Fundamental Duties in the Indian
Constitution are borrowed from the
Constitution of
a) France
b) Canada
c) USSR
d) Britain
3. Fundamental Duties in the Indian
Constitution are borrowed from the
Constitution of
a) France
b) Canada
c) USSR
d) Britain
4. Which among the following is NOT
listed as a fundamental Duty in the
Constitution of India?
a) To abide by the constitution
b) To pay taxes
c) To protect the sovereignty of India
d) To safeguard public Property
4. Which among the following is NOT
listed as a fundamental Duty in the
Constitution of India?
a) To abide by the constitution
b) To pay taxes
c) To protect the sovereignty of India
d) To safeguard public Property
5. In the Constitution of India,
fundamental duties are mentioned in
which of the following Article?

a) Article 49
b) Article 50
c) Article 51
d) Article 51A
5. In the Constitution of India,
fundamental duties are mentioned in
which of the following Article?

a) Article 49
b) Article 50
c) Article 51
d) Article 51A
Union Government
The Union/ Central
Government
• Part V (Articles 52 - 151) of the Constitution
contains provisions for the functioning of the
Union Government.
• Union Legislature (Articles 79 - 122): This
organ makes the law

• Union Executive (Articles 52 - 78): The


laws made by the legislature are implemented
by this organ

• Union Judiciary(Articles 124 - 147): This


organ decides cases according to the laws
Difference Between the Parliamentary &
Presidential Systems

Parliamentary System Presidential System

•Legislative and executive work •All three organs work independent of


cooperatively while the judiciary is each other.
independent.

•Two executives are present: Nominal • The President is the chief executive.
(President) and Real (Prime minister).
• Executive is not accountable to the
•Executive is accountable to parliament. government.
•Lower house can be dissolved before •Lower house cannot be dissolved,
completion of its term. ministers will serve their term.

• No confidence motion can be passed •No provision for no confidence motion,


against the government. government will serve its term.
Union Executive
President, Prime Minister and
Union Cabinet
• Article 52 – 78 of Part V covers various
aspects of the Union Executive.
• The main function of the union executive
is to implement the laws enacted by the
parliament.
• The union executive of India consists
of the President, the head of the State,
Vice-president & Prime Minister, and
Council of Ministers.
President
• Constitutional Head
• First Citizen of India
• Nominal Head
• The executive power is vested in the
President.
• The executive power is exercise by the
President only on the advice of the
Council of Minister.
Qualification
• The person must be a citizen of India
• The person must have completed 35
years of age
• The person must be qualified for the
election as a member of the Lok Sabha
• The person must not have any office of
profit in the both the central and state
governments.
• The person shall not be a member of
Rajya Sabha or Lok Sabha.
Election
The President of India is elected by an electoral
college consisting of

1. Only the elected members of the Parliament


(LS & RS), not by the nominated members.
2. Only the elected members of the legislative
assembly (Vidhan Sabha) of the state and
Union Territories, not the nominated
members

Election of President held according to the


‘Proportional Representation System’ by
means of ‘Single transferable vote’

President takes oath in front of the Chief


Justice of India.
Tenure (Term)
The term of the President is Five Years

The office of the President may remain vacant.


• If the president resigns (Resignation can be
submitted to Vice President)
• Due to death
• Removal through the process of
impeachment.

In case of vacancy, an election for the President


must be held within six months of the vacancy.
Powers and Functions of the
President
Presidents of India
• First President – Dr. Rajendra Prasad
• First Women President - Prathibha
Devisingh Patil
• Present President – Droupadi Murmu
Which one of the following has the power to
initiate the motion of Impeachment of the
President of India?

a) Lok Sabha
b) Rajya Sabha
c) Speaker of the Lok Sabha
d) Both the Houses of the Parliament
The President of India is an
integral part of the
a) Parliament
b) LS
c) RS
d) Union Cabinet
All the Executive powers and
Defence forces of the union shall be
vested in the

a) President
b) Prime Minister
c) Home Minister
d) Defence Minister
When can President refer a matter to the
Supreme Court for its opinion?

a) When emergency has been promulgate


b) When a matter is of public importance
c) When the cabinet is not functioning
properly
d) Whenever the President feels like that
Who is the integrated part of
the Parliament

a) President of India
b) Prime Minister
c) Governor
d) Speaker
The President of India is elected on
the basis of

a) Single member territorial representation


b) Proportional Representation by means
of single transferable vote
c) Adult franchise
d) Direct Election
Before entering upon the office
President has to take Oath before the

• Chief Election Commissioner


• Vice President
• Chief Justice of India
• Lok Sabha Speaker
Prime Minister
• Head of the Union Government
• Real executive authority
• Prime Minister is appointed by
President
• Ministers are appointed by the
President based on the advice given by
Prime Minister
Tenure & Selection
• No Fixed term for the PM. However,
term of Lok Sabha is 5 Years. Hence,
PM can stay as long as he has the
majority.
• The Prime Minister is directly elected
by the people
• The leader of the majority party is
appointed as the Prime Minister
Powers and Functions of the
Prime Minister
• He can allocate, reshuffle various portfolios
among the minister
• He can recommend the dissolution of Lok
Sabha at any time
• He advices President regarding summoning
and proroguing the sessions of Parliament
• He is a chairperson of Planning Commission
and Development council
• He decides about the proclamation of
emergency
• He is the connection between President and
Council of Ministers
• He is the architect of foreign Policies
Prime Ministers of India
• First Prime Minister – Jawahar Lal Nehru
• First Women Prime Minister - Indira
Priyadarshini Gandhi
• Present Prime Minister – Narendra Modi
Union Council of Minister
• The Council of Ministers is headed by
Prime Minister
• They assist Prime Minister to in taking
important decisions regarding policies of
the government
• They are appointed by the President on
the advice of Prime Minister
• They may be members of either the Lok
Sabha or the Rajya Sabha
• The number of council of minister
should be around 80.
Composition of Council of
Minister
The total number of ministers in the
council of ministers must not exceed 15%
of the total number of members of the Lok
Sabha

Council of Minister consist of


-Cabinet Minister
-Ministry of State
-Deputy Minister
Cabinet Ministers
• Consist of 15 – 20 members

• They head one or more important


ministries such as Home, Finance,
defence, agriculture etc.,

• They constitute cabinet and attends


its meeting
Minister of State

• They may independently head the


ministries/department or they may
attached to the cabinet ministers

• They are not members of cabinet and


hence do not attend the meetings
Deputy Ministers

• They do not have separate charge of


ministries/ department.

• They are attached to the cabinet


ministers or ministry of state to assist
them in administrative and
parliamentary functions.
Thank You

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