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DIRECTIVE PRINCPLES OF STATE POLITY PART IV ARTICLE 36-51

The Directive Principles of State Policy, embodied in Part IV of the Constitution, are directions given to the State to guide the establishment of an economic and social democracy, as proposed by the Preamble. They set forth the humanitarian and socialist instructions that were the aim of social revolution envisaged in India by the Constituent Assembly. The State is expected to keep these principles in mind while framing laws and policies, even though they are non-justiciable in nature. The Directive Principles may be classified under the following categories: ideals that the State ought to strive towards achieving; directions for the exercise of legislative and executive power; and rights of the citizens which the State must aim towards securing.

Article 39 lays down certain principles of policy to be followed by the

State, including providing an adequate means of livelihood for all citizens,

equal pay for equal work for men and women, proper working conditions,

reduction of the concentration of wealth and means of production from

the hands of a few, and distribution of community resources to "subserve

the common good". These clauses highlight the Constututional objectives

of building an egalitarian social order and establishing a welfare state, by

bringing about a social revolution assisted by the State, and have been

used to support the nationalisation of mineral resources as well as public

utilities. Further, several legislations pertaining to agrarian reform and

land tenure have been enacted by the federal and state governments, in

order to ensure equitable distribution of land resources.

Articles 41–43 mandate the State to endeavour to secure to all citizens

the right to work, a living wage, social security, maternity relief, and a

decent standard of living. These provisions aim at establishing a socialist

state as envisaged in the Preamble. Article 43 also places upon the State

the responsibility of promoting cottage industries, and the federal

government has, in furtherance of this, established several Boards for the

promotion of khadi, handlooms etc., in coordination with the state

governments. Article 39A requires the State to provide free legal aid to

ensure that opportunities for securing justice are available to all citizens

irrespective of economic or other disabilities. Article 43A mandates the

State to work towards securing the participation of workers in the

management of industries. The State, under Article 46, is also mandated

to promote the interests of and work for the economic uplift of the

scheduled castes and scheduled tribes and protect them from

discrimination and exploitation. Several enactments, including two

Constitutional amendments, have been passed to give effect to this

provision.

Article 44 encourages the State to secure a uniform civil code for all

citizens, by eliminating discrepancies between various personal laws

currently in force in the country. However, this has remained a "dead

letter" despite numerous reminders from the Supreme Court to implement

the provision. Article 45 originally mandated the State to provide free

and compulsory education to children between the ages of six and

fourteen years, but after the 86th Amendment in 2002, this has been

converted into a Fundamental Right and replaced by an obligation upon

the State to secure childhood care to all children below the age of six.

Article 47 commits the State to raise the standard of living and improve

public health, and prohibit the consumption of intoxicating drinks and

drugs injurious to health. As a consequence, partial or total prohibition

has been introduced in several states, but financial constraints have

prevented its full-fledged application. The State is also mandated by

Article 48 to organise agriculture and animal husbandry on modern and

scientific lines by improving breeds and prohibiting slaughter of cattle.

Article 48A mandates the State to protect the environment and safeguard

the forests and wildlife of the country, while Article 49 places an obligation

upon the State to ensure the preservation of monuments and objects of

national importance. Article 50 requires the State to ensure the

separation of judiciary from executive in public services, in order to

ensure judicial independence, and federal legislation has been enacted to

achieve this objective. The State, according to Article 51, must also strive

for the promotion of international peace and security, and Parliament has

been empowered under Article 253 to make laws giving effect to

international treaties.

FUNDAMENTAL DUTIES ARTICLE 51 A

PART IV A ARTICLE 51A

These fundamental duties are identified as the moral obligations that

actually help in upholding the spirit of nationalism as well as to support

the harmony of the nation. These duties are designed concerning the

individuals and the nation. However, these fundamental duties are not

legally enforceable. Furthermore, the citizens are morally obligated by the

constitution to perform these duties.

These duties can be classified accordingly as relating to the environment,

duties towards the state and the nation and also towards self. However,

the fundamental duties are non-justiciable, and the main purpose of

incorporating is to encourage the sense of patriotism among the country`s

citizens.

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. Originally ten in number, the Fundamental Duties were increased to

eleven by the 86th Amendment in 2002, which added a duty on every

parent or guardian to ensure that their child or ward was provided

opportunities for education between the ages of six and fourteen years.

The other Fundamental Duties obligate all citizens to

1. respect the national symbols of India, including the Constitution,

2. to cherish, and follow the noble ideals which inspired our national

struggle for freedom

3. to value and preserve its heritage and composite culture and

4. assist in its defence.

5. TO uphold and protect the sovereignty and unity and integrity of

India

6. They also obligate all Indians to promote the spirit of common

brotherhood,

7. protect the environment and,

8. develop scientific temper,

9. to safeguarded public property abjure violence, and

10. Strive towards excellence in all spheres of life.

11. parent or guardian to ensure that their child or ward was provided

opportunities for education between the ages of six and fourteen

years

Citizens are morally obligated by the Constitution to perform these

duties. However, like the Directive Principles, these are non-

justifiable, without any legal sanction in case of their violation or

non-compliance. There is reference to such duties in international

instruments such as the Universal Declaration of Human Rights and

International Covenant on Civil and Political Rights, and Article 51A

brings the Indian Constitution into conformity with these treaties.

UNION EXECUTIVE

PRESIDENT OF INDIA

The President of India is the head of state and first citizen of India, as well

as the supreme commander of the Indian Armed Forces. President of India

is also the formal head of all the three branches of Indian Democracy -

Legislature, Executive and Judiciary.

The President is elected, by the elected members of the Parliament as

well as of the state legislatures vidhan sabhas, and serves for a term of

five years. Historically, ruling party (majority in the Lok Sabha) nominees

have been elected and run largely uncontested. Incumbents are permitted

to stand for re-election.

QUALIFICATION

Article 58 of the constitution sets the principle qualifications one must

meet to be eligible to the office of the President. A President must be:

A citizen of India

of 35 years of age or above

qualified to become a member of the Lok Sabha

A person shall not be eligible for election as President if he holds

any office of profit under the Government of India or the

Government of any State or under any local or other authority

subject to the control of any of the said Governments.

Certain office-holders, however, are permitted to stand as Presidential

candidates. These are:

The current Vice- President

The Governor of any state

A Minister of the Union or of any State

Certain conditions, as per Article 59 of the Constitution, debar any eligible

citizen from contesting the presidential elections. The conditions are:

The President shall not be a member of either House of Parliament

or of a House of the Legislature of any State, and if a member of

either House of Parliament or of a House of the Legislature of any

State be elected President, he shall be deemed to have vacated his

seat in that House on the date on which he enters upon his office as

President.

The President shall not hold any other office of profit.

The President shall be entitled without payment of rent to the use of

his official residences and shall be also entitled to such emoluments,

allowances and privileges as may be determined by Parliament by

law and until provision in that behalf is so made, such emoluments,

allowances and privileges as are specified in the Second Schedule.

The emoluments and allowances of the President shall not be

diminished during his term of office.

POWERS AND FUNCTIONS

LEGISLATIVE POWERS

EXECUTIVE POWERS

FINANCIAL POWERS

JUDICIAL POWERS

The President of India can grant a pardon to or reduce the sentence

of a convicted person for one time, particularly in cases involving

punishment of death.

1. Pardon - completely absolves the offender

2. Reprieve - temporary suspension of the sentence

3. Respite - awarding a lesser sentence on special ground

4. Remission - reducing the amount of sentence without changing its character

5. Commutation - substitution of one form a punishment for another form which is of a lighter character

DIPLOMATIC POWERS

MILITARY POWERS

EMERGENCY POWERS

Removal

The President may be removed before the expiry of his or her

term through impeachment. A President can be removed for

violation of the constitution of India.

VICE PRESIDENT OF INDIA

QUALIFICATION

1. a citizen of India;

2. has completed the age of 35 years, and

3. is qualified for election as a member of the Council of States (Rajya Sabha).

4. A person is not also eligible if he holds any office of profit

under the Government of India or a State Government or any

subordinate local authority

Disputes regarding Election of the Vice-President:

1. All doubts and disputes arising in connection with the election of

the Vice-President are enquired into and decided by the Supreme

Court of India whose decision is final.

2. A petition challenging the election of the Vice-President is heard

by a five-judge bench of the Supreme Court of India.

3. The petition has necessarily to be accompanied by a security

deposit of Rs. 20,000/-.

PRIME MINISTER OF INIDA

The Prime Minister of India is the Head of the Union (Federal)

Government, as distinct from the President of India, who is the Head of

State. Since India has adopted the Westminster model of constitutional

democracy, it is the Prime Minister who oversees the day-to-day

functioning of the Union (Federal) Government of India.

Eligibility

Article 84 of the Constitution sets the principal qualifications one must

meet to be eligible to the office of the Prime Minister. A Prime Minister

must be:

a citizen of India.

should be a member of the Lok Sabha or Rajya Sabha. If a person

elected prime minister is neither a member of the Lok Sabha nor

Rajya Sabha, then he must become a member of the Lok Sabha or

Rajya Sabha within six months.

of above 25 years of age (in the case of a seat in the Lok Sabha) or

above 30 years of age (in the case of a seat in the Rajya Sabha).

for an Indian citizen of foreign nationality, the principle of reciprocity

is applicable i.e. the same rules as there are in that particular nation

for foreign nationality.

The Prime Minister is assisted in this task by his Council of Ministers,

comprising Cabinet Ministers, Ministers of State with Independent

Charge, Ministers of State who work with Cabinet Ministers, and Deputy

Ministers.

Some specific ministries/department are not allocated to anyone in the

cabinet but the Prime Minister himself. The Prime Minister is usually

always in-charge/head of:

Ministry of Personnel, Public Grievances and Pensions ;

Ministry of Planning ;

Department of Atomic Energy ; and

Department of Space .

COUNCIL OF MINISTER

The Cabinet of India (officially called the Union Council of Ministers of

India) is the collective decision-making body of the Government of India,

composed of the Prime Minister and 35 Cabinet Ministers, the most senior

of the government ministers. The Cabinet is the ultimate decision-making

body of the executive within the Westminster system of government in

traditional constitutional theory

There are three categories of ministers, in descending order of rank:

Union Cabinet Minister - senior minister in-charge of a ministry. A

cabinet minister may also hold additional charges of other

Ministries, where no other Cabinet minister is appointed

Minister of State (Independent Charges) - with no overseeing Union

cabinet minister for that portfolio

Minister of State (MoS) - junior minister with to overseeing cabinet

minister, usually tasked with a specific responsibility in that

ministry. For instance, an MoS in the Finance Ministry may only

handle taxation

PARLIAMENT

UNION LEGISLATURE

LOK SABHA AND RAJYA SABA

LOK SABHA

The Lok Sabha or House of the People is the lower house of the Parliament

of India. Members of the Lok Sabha are elected by direct election under

universal adult suffrage. The Constitution limits the Lok Sabha to a

maximum of 552 members, including no more than 20 members

representing people from the Union Territories, and two appointed non-

partisan members to represent the Anglo-Indian community (if the

President feels that that community is not adequately represented).

Each Lok Sabha is formed for a five-year term, after which it is automatically dissolved, unless extended by a proclamation of emergency. In such cases the term may be extended for one-year at a time.

Today, the Lok Sabha has its own TV channel, Lok Sabha TV, head-

quartered within the Parliament premises.

QUALIFICATION

Membership of the Lok Sabha wants that the person

must be a citizen of India,

aged 25 or over,

mentally sound,

should not be bankrupt and

if the person has criminal proceedings in courts, the person has to mention it when they file their affidavit to the election commission. However the person must not be criminally convicted. For reserved seats one should be member of the scheduled castes and/or tribes

SESSIONS AND WORKING HOURS

On normal business days, the Lok Sabha assembles from 11 a.m. to 1 p.m., and again from 4 p.m. to 6 p.m. The first hour of every sitting is called the Question Hour, during which questions posed by members may be assigned to specific government ministries, to be answered at a fixed date in the future

The Lok Sabha shares legislative power with the Rajya Sabha, except in the area of Money Bills, in which case the Lok Sabha has the ultimate authority.

Three sessions of Lok Sabha take place in a year:

Budget session: February to May.

Monsoon session: July to September.

Winter session: November to December

Speaker and deputy speaker

The Speaker is the presiding officer of the lower house of parliament of India. The speaker is elected in the very first meeting of the lok sabha after the general election for a term of 5 years from amongst the members of the Lok Sabha.

Rajya Sabha

The Rajya Sabha or Council of States is the upper house of the Parliament of India. Rajya means state Sabha means Assembly hall in Sanskrit .

Membership is limited to 250 members, 12 of whom are chosen by

the President of India for their expertise in specific fields of art,

literature, science, and social services. These members are known

as nominated members. The remainder of the body is elected by the

state and territorial legislatures. Terms of office are for six years,

with one third of the members retiring every two years.

The Rajya Sabha meets in continuous sessions and, unlike the Lok Sabha, is not subject to dissolution. The Rajya Sabha has equal footing in all areas of legislation with Lok Sabha, except in the area of supply

The Vice-President of India (currently, Hamid Ansari) is the ex-officio

Chairman of the Rajya Sabha. The Deputy Chairman of the Rajya Sabha,

who is elected from amongst its members, takes care of the day-to-day

matters of the house in the absence of the Chairman. The Rajya Sabha

held its first sitting on 13 May 1952

JUDICIARY

JUDICIAL ORGANS

On the 28th of January, 1950, two days after India became a Sovereign

Democratic Republic, the Supreme Court came into being. After its

SUPREME COURT

HIGH COURT

DISTRICT COURT

TALUK COURT

inauguration on January 28, 1950, the Supreme Court commenced its

sittings in a part of the Parliament House. The Court moved into the

present building in 1958 The original Constitution of 1950 envisaged a

Supreme Court with a Chief Justice and 7 puisne Judges - leaving it to

Parliament to increase this number. In the early years, all the Judges of

the Supreme Court sat together to hear the cases presented before them.

As the work of the Court increased and arrears of cases began to

cumulate, Parliament increased the number of Judges from 8 in 1950 to

11 in 1956, 14 in 1960, 18 in 1978 and 26 in 1986. As the number of the

Judges has increased, they sit in smaller Benches of two and three -

coming together in larger Benches of 5 and more only when required to

do so or to settle a difference of opinion or controversy

The Supreme Court of India comprises the Chief Justice and 28 other

Judges appointed by the President of India. Supreme Court Judges retire

upon attaining the age of 65 years. In order to be appointed as a Judge of

the Supreme Court,

1. a person must be a citizen of India and

2. must have been, for at least five years, a Judge of a High Court or of

two or more such Courts in succession, or

3. an Advocate of a High Court or of two or more such Courts in

succession for at least 10 years or he must be,

4. in the opinion of the President, a distinguished jurist.

5. The Constitution seeks to ensure the independence of Supreme

Court Judges in various ways. A Judge of the Supreme Court cannot

be removed from office except by an order of the President passed

after an address in each House of Parliament supported by a

majority of the total membership of that House and by a majority of

not less than two-thirds of members present and voting, and

presented to the President in the same Session for such removal on

the ground of proved misbehaviour or incapacity. A person who has

been a Judge of the Supreme Court is debarred from practising in

any court of law or before any other authority in India.

The proceedings of the Supreme Court are conducted in English

only. Supreme Court Rules, 1966 are framed under Article 145 of

the Constitution to regulate the practice and procedure of the

Supreme Court

JURISDICTION OF THE SUPREME COURT

A. ORIGINAL JURISDICITON

Its exclusive original jurisdiction extends to

1. any dispute between the Government of India and one or

2. more States or between the Government of India and any State or

States on one side and one or more States on the other or

3. between two or more States

4. he Supreme Court has original, In addition, Article 32 of the

Constitution gives an extensive original jurisdiction to the Supreme

Court in regard to enforcement of Fundamental Rights. It is

empowered to issue directions, orders or writs, including writs in the

nature of habeas corpus, mandamus, prohibition, quo Warranto and

certiorari to enforce them.

5. Under the Arbitration and Conciliation Act, 1996, International

Commercial Arbitration can also be initiated in the Supreme Court

6. Election Petitions under Part III of the Presidential and Vice

Presidential Elections Act, 1952 are also filed directly in the

Supreme Court

B. APPELLATE JURISDICTION

C. ADVISORY JURISDICTION

D. CONTEMPT OF COURT

HIGH COURTS

The High Court stands at the head of a State's judicial administration. There are 18 High Courts in the country, three having jurisdiction over more than one State. Among the Union Territories Delhi alone has a High Court of its own. Other six Union Territories come under the jurisdiction of different State High Courts. Each High Court comprises of a Chief Justice and such other Judges as the President may, from time to time, appoint. The Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the State.

They hold office until the age of 62 years and are removable in the same

manner as a Judge of the Supreme Court. To be eligible for appointment

as a Judge one must be

1. a citizen of India and

2. have held a judicial office in India for ten years or

3. must have practised as an Advocate of a High Court or two or more

such Courts in succession for a similar period

DISTRIC COURTS

The Judicial Service in the State consists of :

(i) District & Sessions Judges (ii) District judges(iii) Civil Judges (Senior Division) and Chief Judicial Magistrates, (iv) Civil Judges (Junior Divn.) and Judicial Magistrates of First Class