HKBK College of Engineering Indian Constitution Module 3 PDF

HKBK COLLEGE OF ENGINEERING INDIAN CONSTITUTION MODULE 3 OBJECTIVE OF THIS MODULE 1. Directive Principles of State Policy (DPSP’s) and its present relevance in Indian society. 2. Fundamental Duties and its Scope and significance in Nation, 3. Union Executive :...

HKBK COLLEGE OF ENGINEERING INDIAN CONSTITUTION MODULE 3 OBJECTIVE OF THIS MODULE 1. Directive Principles of State Policy (DPSP’s) and its present relevance in Indian society. 2. Fundamental Duties and its Scope and significance in Nation, 3. Union Executive : Parliamentary  DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP’S) The principles that guide the state as it creates policies for its citizens are known as Directive Principles of State Policy (DPSP). These DPSP serve as a guide for the state and must be taken into account when drafting any new laws, but a citizen has no legal authority to compel  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 DPSP Which Are Given Below: i. They are an ‘instrument of instructions’ which are enumerated in the Government of India Act, 1935. ii. They seek to establish economic and  The Directive Principles of State Policy (DPSP) has been taken from the Irish constitution. According to Dr B R Ambedkar, these principles are ‘Novel Features’ of the Constitution. Part IV of the Indian Constitution lists the Directive Principles of State Policy, from The concept behind the DPSP is to create a ‘Welfare State’. In other words, the motive behind the inclusion of DPSP is not establishing political democracy rather, it’s about establishing social and economic democracy in the state. LIST OF DPSP ARTICLE 1. ARTICLE 36------- Defines the “state”. 2. ARTICLE 37------- Part IV of the Indian Constitution shall not be enforceable in any court of law 3. ARTICLE 38------- Social, Political and Economic Justice. 4. ARTICLE 39------- Principles of Policy. 5. ARTICLE 39-A----- Free Legal aid. 6. ARTICLE 40------- Organization of 8. ARTICLE 42------- Securing just and humane work and maternity relief. 9. ARTICLE 43------- Fair wages and a decent standard of life. 10. ARTICLE 43-A----- Workers’ participation in management. 11. ARTICLE 43-B----- Promotion of Cooperatives. 12. ARTICLE 44------- Uniform Civil Code. 13. ARTICLE 45------- Infant and Child Care 15. ARTICLE 47------- Nutrition, Standard of living and public health. 16. ARTICLE 48------- Scientific agriculture and animal husbandry. 17. ATRICLE 48-A----- Environment and Wildlife Protection. 18. ARTICLE 49------- Protection of monuments and places and objects which have national importance.  DPSP’S CLASSIFICATION Although our Constitution does not expressly classify directive principles of state policy, they can be divided into three groups based on their substance and intended use, as follows: 1. Socialistic Principles 2. Gandhian Principles  1. SOCIALISTIC PRINCIPLES: These principles follow the ideology of “Socialism” and lay down the framework of India. These are the guiding ideas that seek to establish socio-economic justice in society and pave the way for a welfare state. These guiding principles examine the socialist school and define the framework of a democratic The main goal is to reduce disparities in income, position, resources, and opportunities (Article 38). The articles in DPSP which follows the socialist principles are – Article 38, Article 39, Article 39 A, Article 41, Article 42, Article 43, Article 43 A and Article 47.  2. GANDHIAN PRINCIPLES: These ideas, which are based on Gandhian ideology, embody the reconstruction plan put forth by Mahatma Gandhi during the national movement. In order to fulfill his dreams, some of his concepts have been included in the form of DPSP. Some of Mahatma Gandhi’s aspirations were incorporated into the Directive Principles of State Policy, which guide the State through Articles  3. LIBERAL-INTELLECTUAL PRINCIPLES: These principles follow the ‘Liberalism’ ideology. The articles which follow this approach in DPSP are – Article 44, Article 45, Article 48, Article 48 A, Article 49, Article 50 and Article 51.  IMPORTANCE OF DPSP DPSP covers the Articles 36-51 in Part IV of the constitution. It mentions protection of women of the country, environmental conservation, rural growth and development, de-centralization of power, uniform civil code, etc. which are considered some of the essentials in making laws for a “Welfare State”. Although non-justiciable, they provide a set  AMMENDMENTS DONE IN DPSP 1. 42nd AMMENDMENT Four Directive Principles which were added articles by the 42nd amendment are as follows: Article 39, Article 39A, Article 43A , Article 2. 44th AMMENDMENT 48A The 44th Amendment Act of 1978 added Article 38(2) in the DPSP.  3. 86th AMMENDMENT The 86th Amendment changed the subject of Article 45 in the DPSP and brought it within the ambit of the fundamental rights mentioned in Part III as Article 21-A has been made for 3. the97children th AMMENDMENT between Thethe 97thageAmendment group of 6-14 actyears of 2011 inserted of age. Article 43-B in the list of DPSP.  PRESENT RELEVANCE OF DPSP The DPSP INDIAN SOCIETY ensures social and economic democracy of our country while also attempting to construct a welfare state. These are the values that the government should bear in mind while it develops policy and passes legislation. Part IV of the Constitution, from Articles 36  This notion was adopted by the writers of the Constitution from the 1937 Irish Constitution, which had copied it from the Spanish Constitution. These ideas, according to Dr. B R Ambedkar, are "new elements“ of the Indian Constitution. They provide the opposition the ability to exert influence and control over the government's activities.  They serve as a critical litmus test for the government's performance. People can assess the government's actions and programs in light of these constitutional pronouncements. They represent a 'welfare state,' rather than a 'police state,' which existed throughout the colonial period. Despite their non-justiciability, the Directive Principles assist courts in assessing and establishing a law's constitutional viability. They are in addition to the people's fundamental rights. They are designed to fill the gap left by Part III by establishing social and economic rights. Their execution offers a favorable  CRITICISM OF DPSP As a point of debate, the following reasons are stated for the criticism of Directive Principles of State Policy: It has No Legal Force It is Illogically Arranged It is Conservative In Nature It may produce Constitutional Conflict  CONCLUSION The Directive Principles are subordinate to the Fundamental Rights. Directive Principles, on the other hand, can be applied. The Directive Principles can be implemented by amending the Fundamental Rights, as long as the alteration does not harm or destroy the Constitution's  DPSPs are critical to the country's government. In today's globalized world, DPSP is still relevant for a more informed, productive, equitable, and long-term development strategy. These directives are increasingly being recognized  FUNDAMENTAL DUTIES The Fundamental Duties are an important part of Indian Constitution. The duties prescribed, embody some of the highest ideals preached by our great saints, philosophers, social reformers and political leaders. The idea of Fundamental Duties is No Duties of the Citizen were incorporated in the original constitution of India at the time of its commencement in 1950. The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year.  These enjoin upon a citizen among other things, to abide by the Constitution, to cherish and follow noble ideals, which inspired India's struggle for freedom, to defend the country and render national service when called upon to do so, and to promote harmony and spirit of common brotherhood  These Fundamental Duties were mainly inspired by the body of the former Soviet Union. Total 11 essential duties in India. We should Abide by the Indian Constitution. The following slides lists the 11 FUNDAMENTAL DUTIES – 1. Abide by the Constitution and respect National Flag and National Anthem 2. Follow ideals of the freedom struggle 3. Protect Sovereignty and Integrity Of India 4. Defend the country and render national services  7. Preserve Natural Environment 8. Develop scientific Temper and Humanity 9. Safeguard Public Property and Avoid Violence 10.Strive for Excellence In All Spheres The purpose behindOf Life. the creation of Fundamental 11.Duty Duties of allcitizen is that every parents/guardians should realize that theto send first is totheir Defendchildren the country and in the of promote harmony agethegroup nation;of 6-14 that is, the national years To interest should be ahead of every School.  SCOPE OF FUNDEMENTAL DUTIES Fundamental duties are obligatory in nature. But there is no provision in the constitution for direct enforcement of these duties. There is no sanction either to prevent their violation. However the SCOPE of fundamental duties can be gauged from  a. As RIGHTS and DUTIES are the two side of the same coin, it is expected that one should observe one’s duties in order to seek the enforcement of one’s fundamental rights, in the context if a person approaches the court for the enforcement of any of his fundamental rights, the court may refuse to  b. They can be used for interpreting ambiguous statutes. The court may look at the fundamental duties while interpreting equivocal statutes which admit of two constructions. c. While determining the constitutionality of any law , if court finds that it seeks to give effect to any of the duties, it may consider such law  SIGNIFICANCE OF FUNDEMENTAL DUTIES The SIGNIFICANCE of fundamental duties can be gauged from the following: 1. Constant Reminder of Democratic Conduct: Fundamental Duties are intended to serve as a constant reminder to every citizen that while the Constitution specifically conferred on them certain fundamental rights, it also 2. Admonishes Against Anti-Social Activities: They serve as a warning to the people against the anti-social activities that disrespect the nation like burning the flag, destroying public property or disturbing public peace. 3. Sense of Discipline and Commitment: 4. Help Determine Constitutionality of Law: It helps the Court in determining the constitutionality of the law. For instance, any law passed by the legislatures, when taken to Court for constitutional validity of the law, if it is giving force to any Fundamental Duty, then such law would be taken as  WAY FORWARD The fundamental duties are not merely pedantic or technical. They were incorporated as the key to social transformation. In order to contribute meaningfully to society, the citizens must first understand the Constitution and its organs.  That is why it is very important to spread constitutional culture in India. There is a need for every citizen to be a meaningful stakeholder in Indian democracy and try to imbibe the Constitutional philosophy in its true spirit. There is a need for a uniform policy for the  PARLIAMENTARY FORM OF GOVERNMENT The Structure of the Indian government can be understood by the following flow chart:  India is a form of Parliamentary Government. It is a form of government in which the executive is responsible and answerable to the legislative. It is also called the Cabinet Government due to the concentration of executive powers in the Cabinet. This is a famous concept of government followed in other countries like Japan, Canada, Britain. This form of government in India was majorly inspired by Britain. Opposite of such a form of government is the Presidential form of Government. In this government, the President is  UNION EXECUTIVES The Union Executive is the most prominent law body in the Indian Constitution that executes laws. Due to Its important activities, the Union Executive became the most significant branch of the government. The Union Executive authorizes powers to the government to implement laws that fall under  The union executive of India consists of the President, the head of the State, Vice-president and Prime Minister, and Council of Ministers who governs the Union and Attorney General. The Indian Constitution empowers the President’s executive authority but is not allowed to exercise it alone. The Prime Minister supervises the Council  PARLIAMENTARY SYSTEM The Indian Parliamentary system was inspired by the United Kingdom, and its constitution is considered to be the mother of the Parliamentary concept. The same concept is also called the cabinet system or ministerial system. The cabinet or Parliamentary form of government is one in  This makes the Parliament a superior concept. There are two executives, namely the elected President, or the king, and the Prime Minister. The President represents the State, while the Prime Minister represents the government, and the Cabinet is accountable to the  THE PRESIDENT The President is the Head Of The State and the Union Executive who exercises executive powers under the supervision and direction of the Prime Minister and the Council of Ministers. Article 52 states that there shall be a President of India. The President is considered the Executive  Qualifications: Article 58 It says that a person is eligible for election as President : i. If he is a Citizen Of India ii. If he has completed the age of 35 years iii. If he is qualified for election as a member of the House of the People. A Person Can Be Disqualified For Election As President if he holds any office of profit under the Union of India  Election of the president Article 54 of the Constitution says the election of the President must be elected by the Members Of An Electoral College. The Electoral College Consists of the elected members of both Houses of Parliament and the state Legislative Assemblies. Mode of Voting As per Article 55(3) of the Constitution of  Term of office: Article 56 defines the term of the office of the President to be of 5 years unless: A new President enters the office, the incumbent President shall hold it; President resigns before the expiry of the term by writing it to the Vice President; The President is removed from his office, for violation of the Constitution, by the The terms of office of the person filling the casual vacancy as well as the time of holding elections to fill the vacancy. It states that an election to fill the vacancies must be fulfilled before the expiration of the term of the office of the president. An election to fill the vacancies, occurring due to the death, resignation or impeachment of the  Power And Function: Under Article 53, the President of the Indian Constitution can implement laws and order and is a policymaker. He can supervise the armed force as a Supreme Commander. He can address both houses of the Parliaments. He can appoint judges of both the Supreme and High Court and high officials  He can summon as well as dissolve the parliament by his Legislative Powers The President also exercises special power in times of National as well as State and Financial emergencies.  Facts : President of India is also entitled to certain allowances and privileges, as he is the first citizen of the country. The President of India is entitled to rent- free accommodation, allowances, and privileges by law. He is also entitled to: Free medical facilities; Free accommodation; Free treatment for life; THE FIRST PRESIDENT THE CURRENT PRESIDENT OF INDIA OF INDIA Droupadi Murmu Rajendra Prasad She is the 15th and current 26 January 1950 – 13 President May 1962 of India, serving since 25 July 2022.  THE PRIME MINISTER Under Article 73, the Prime Minister is selected by the representatives of the people among the members of the Lok Sabha. He is the leader of the Lok Sabha, is also the leader of the parliament. He is the chief head of the Government and head of the Council of Ministers. Appointment of Prime Minister The Prime Minister of India is Appointed By The President through provisions under Article 84 and Article 75. Prime minister is the leader of the majority party or coalition of parties of Lok sabha. When a party achieves majority the leader of that party is called upon by the President to be the  Qualification and Duration To Hold Office The Prime Minister must be a citizen of India. He has to be a member of Rajya Sabha or Lok Sabha. He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25 years of age if he is a member of the Lok Sabha.  Powers of The PM The prime minister decides the Foreign Policy of the country. He is the speaker of the Central Government. He is the leader of the majority party or coalition of parties in the Parliament. Works as the leader of the house. The Prime Minister is also is the chairman of various organizations such as……  Portfolio allocation is done by the Prime Minister, who can ask resignation from any minister or request the president to dismiss the minister Give recommendations to Indian president for emergency declaration in case of aggression or rebellion from external forces or in case of war He is also the head of the disaster THE FIRST PM OF FACT… INDIA THE CURRENT PM OF INDIA Shri Narendra Modi Jawaharlal Nehru He is the 14th and current PM 26 Jan 1950 - 27 May of India, serving since 26 May 1964† 2014.  UNION CABINET MINISTER The Union Council of Ministers is the principal executive organ of the Government of India, which functions as the senior decision making body of the executive branch. There is a Council of Ministers headed by the Prime Minister to aid and advise the President in exercise of his functions.  A smaller executive body called the Union Cabinet is the supreme decision-making body in India; it is a subset of the Union Council of Ministers who hold important portfolios and ministries of the government. Composition: It is chaired by the prime minister and consists of the heads of each of the executive government ministries.  Appointment of the council of minsters The Prime Minister is appointed by the President, who also appoints other ministers on the advice of Prime Minister. It is the duty of the Prime Minister to communicate to the President all decisions of Council of Ministers relating to administration  Qualification and duration to hold office The Council of Ministers must qualify to be a member of either House of the Parliament. He must be a Citizen Of India. There is no duration specified for them, and the Prime Minister can ask any Minister to resign,  Power and Function As the union executive of India consists of the Council of Ministers, they can exercise combined power with the Legislative Assemblies. The true power in the Country is held by the Council of Ministers. Ministers, rather than the Governor, take maximum  Categories Of Council Minister: As mentioned in the constitution of India, the council ministers are appointed on the advice of the Prime Minister within three basic categories. The council ministers hold the responsibility under one of these categories. Below are the mentions: Cabinet Ministers: This ministry department holds the charge of the variant department in the government. Specific departments such as These council ministers are under the direct supervision of the Prime Ministers and hold the charge to implement specific policies and decisions relating to their respective departments. State Ministers: This department of the council ministers is divided into two basic categories.  In both situations, the state ministers associated with representation to different regions work under the appointed cabinet ministers’ control, guidance, and supervision. The state ministers have restrictions to attend the scheduled cabinet meetings unless they receive unique invitations. Deputy Ministers: This category comprises both the The Deputy ministers hold the responsibility to assist both types of ministers with their political and administrative responsibilities and duties with the advice of the Prime Minister. Parliamentary Secretaries: The parliamentary secretaries are considered the fourth category of ministers. The PM decides portfolios associated with the senior category of ministers, supporting them with all their responsibilities  Ranking: There are FIVE categories of the council of ministers as given below, in Descending Order of rank: 1. Prime Minister: Leader of the executive of the Government of India. 2. Deputy Prime Minister (if any): Presides as prime minister in his absence or as the senior most cabinet minister. 3. Cabinet Minister: A member of the Union cabinet; leads a ministry. 4. Minister of State (Independent charge): Junior minister not reporting to a Cabinet  CONCLUSION Wherefore, the Union Executive is one of the most important organs of the Indian democracy. It forms the soul of our Indian administrative system. Union executive act as the strong shoot for all the branches of administrative and executive bodies.  The Constitution-makers have assembled together all the provisions needed to form a strong and responsible executive system for our nation. Thus, it makes it important for the citizens as well to coordinate with the executive for the better functioning of our Indian For Extra Information U Can Left Click On The Link Given Below Or Copy It If Not https://www.india.gov.in/my-government/whos-who/president Working