Module 3
Module 3
State gives importance to police state-court, law and order but after DPSP
introduced the state has entered into almost all the activities of life of the
citizens. It is duty of every state to follow the compulsory DPSP in order to
fulfill the concept of welfare state.
DPSP is also called as social rights. DPSP added to the Indian constitution on
25th Amendment Act 1971.
Article 36:- Define the State:-
Article 37 :- Constitution lays down in clear terms that the Directive Principles of
State Policy, though are non-justifiable, however they are Fundamental in the
governance of the Country. The Directive Principles of State Policy unlike
fundamental rights are merely directions given to the States, Hence no citizen can
approach a court of law in case the state does not implement such directions.
Therefore, it is clear that the provisions contained in Part III of the constitution
(Fundamental rights) are enforceable, whereas provisions contained in Part IV of
the Constitution are not enforceable.
Aritcle38: The State shall strive to promote the welfare of the people by securing,
protecting, and maintaining a social order.
The most basic responsibility of any Government running the state would be to
maintain a social order where people may live peacefully and without fear.
Clause(2) which was added to Art.38 during 44th amendment to constitution 1978,
recognizes group equality. It recognizes that grave inequalities of income and status
exist amongst different groups of people which need to be minimized.
Article 40:- The Constitution provides that the state shall organize village
panchayats and endow there with such powers as may enable them to function as
units of self-Government.
In a Country like India where 70% of people live in villages, the best way to take
democracy to the villages is to create panchayats and help them to achieve self-
governance. These elected panchayats take care of local civic administration such as
maintenance of village roads, provision of primary education, building tanks and wells
providing sanitation, medical relief etc.
In order to strengthen democracy at the gross root level, the 73rd and the 74th
Amendments to the constitution gave powers to the village panchayats.
Article 41: Right to work, education and public assistance in certain cases
Under Article 41, the State has been directed to provide within the limit of its
economic capacity (a) employment (b) education, and (c) public assistance in cases of
unemployment, old age, sickness and disablement and in other cases of undeserved
want.
Article 45:- Provision for early childhood care and education to children below
the age of Six years- The 86th Amendment Act, 2002 of the Constitution.
Article 45 directs the state to make provision for free and compulsory education for
the children till they complete the age of 14 years
This direction was given the status of a fundamental right by the constitution 86th
Amendment Act, 2002, by way of inserting a new Article 21(A) to the Constitution
Article 46:- Special Protection of the interests of the Weaker Sections of Society.
Certain categories of the population such as the persons belongs to the Scheduled
castes and scheduled tribes are educationally and economically weaker sections of the
Society. Hence to improve their conditions, Article 46 imposes a duty on the States to
promote with special care the educational and economic interests of the weaker
sections of the people, and in particular of the scheduled castes and scheduled tribes
and to protect them from social injustice and all forms of exploitation.
Article 47:- Duty to raise the standard of living and improvement of health
Raising the level of public health would remain a distant dream with “dedicated
doctors and excellent” infrastructure not available at Government hospitals.
As for lifting the standard of living of the people especially in the rural areas the
central Government has launched several welfare and infrastructure scheme such as
jawahar rozgar yojana, integrated Rural Development Program, Desert development
program, Indira Awas Yojana, Sarva Shiksha Abhiyan, Ashraya Housing etc.
Prohibition of alcohol and drugs was strongly advocated by Mahatma Gandhi.
Although prohibition was introduced in many states after independence, poor
implementation and rampant corruption failed to check the consumption of alcohol.
Fundamental Duties
Fundamental Duties ( Article 51 A)
The 42nd Amendment Act, 1976 has incorporated 10 fundamental duties Article 51-A
in part IV-A. This has been inserted during the tenure ship of Indira Gandhi the then
Prime Minister (1966-77) on the recommendation of Sardar swaran singh committee.
1. To abide/respect by the Constitution and respect its ideals and institutions, the
National Flag, and the National Anthem.
2. To cherish and follow the noble ideals which inspired our national struggle for
freedom
3. To uphold and protect the sovereignty, unity and integrity of India.
4. To defend the country/motherland and render national service when called
upon to do so
5. To promote harmony and 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.
6. To value and preserve the rich heritage of our composite culture.
7. To protect and improve the natural environment including forest, lakes, rivers
and wild life and to have compassion for living creatures
8. To develop the scientific templar, humanism and the spirit of inquiry and
reform
9. To safeguard the public property and to abjure violence.
10. To strive towards excellence in all spheres of individual and collective activity
so that the nation constantly rises to higher levels of endeavor and achievement
11. 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 6 and 14 years
(Inserted by the Constitution (86th Amendment Act 2002)
Union Executive:
President of India:-
1. According to article 52 of the constitution there shall be a president of India.
This article makes the president office a mandatory to hold the topmost
position in the country.
2. In the words of K.T Sha the president is an Ornamental Head , others have
described him as Titular Head.
3. K.Venkataraman has observed that the president is only the symbol of the state
and a copy book president
4. Alan Gredhill has projected a picture of Autocratic president.
5. K V Rao has expressed the opinion that enormous powers vested in the office
of president are likely to make the president a Constitutional Autocrat
6. The president of India is called rashtrapati in Kannada and this name was
suggested by prof. T N Sreekantaih a well-known Kannada writer and English
professor in Mysore University.
7. As per Dr B R Ambedkar, The president holds the position in India, equivalent
to the position of the queen of England in her Country.
8. He is the head of the nation and not of the executive.
9. He represents the country but does not rule the country. He is guided by the
cabinet headed by the Prime minister. The president is not directly elected by
the people and hence he is not directly responsible to the people.
Term:
1. According to the article 56 of the constitution. The term of office of the
president of India is 5 years.
2. He may be re-elected for one more term and he is not eligible for third term
3. ( the only president elected for second term is Dr Rajendra Prasad) According
to USA President.
4. Before the completion of the term, he can resign his office by writing under his
hand and address to the vice-president.
5. The new presidential election must be conducted by the election commission of
India within six months from the date of occurrence of vacancy in accordance
article 62 of constitution.
6. The new president is elected for a full term of five years from the date of
assuming his office.
Salary:
1. The parliament fix the salary to the president and salary has been enhanced
from time to time.
2. His salaries and allowances etc. are charged on the consolidated fund of India
and cannot be altered during his tenure.
3. In 1985 it was increased from Rs. 10,000 to 15,000 and again increases to
20,0000 in 1990.
4. In August 1998 parliament increased his salary is Rs. 50,000/- and After sixth
pay commission & present salary of the president Rs.1,50,000 for month in the
same way parliament raised the president’s pension from Rs75,000 per month.
For him permitted to spend Rs15,00,000 to 20,00,000 a year on travel
entertainment, staffs, households and his own allowances.
5. He gets a free furnished accommodation (Rastrapathi Bhavan at New Delhi)
along with Rajhavan at shimla and Rastrapathi Nilary at Hyderbad.
6. Free Medical and other facilities are provided.
Vacancy or Succession: -
1. The Vacancy is created due death, resignation, impeachment, otherwise if the
election of the present set aside due to electoral faults.
2. When the vacancy is created, the election should be conducted within six
months.
3. According to constitution, the president office should not be vacant even for a
single day.
4. When the president office is vacant the vice-president becomes the active
president.
5. If simultaneously both the offices are vacant the senior most judge of the
supreme court discharge the functions of the president
Note: Dr Zakir Hessian, who was elected as president in 1967 died in May 1969,
Therefore the then vice-president v.v Girl discharge the functions of the president
from may 3rd to July 20th 1969. He tendered his resignation to contest in the president
election for the first time both the office of the president and the vice president felt
vacant) Act 1969 simultaneously. In view of this parliament adopted the president
(Discharge of function) Act 1969. According to this act in absence of president if the
vice-president is not available the chief Justice of the Supreme Court discharges the
functions of the president. After the resignation of V V Girl in 1969 the then Chief
Justice of the Supreme Court M Hidayatulla discharged the functions of the President
from July 7th to 24th August 1969 until the assumption of office by the newly elected
president.
Consequently, the president must demit the office from the date of passing such
resolution.
Under article 53 of the constitution, the president of India is vested with a number of
powers.
Article 74 of Indian constitution. The president exercises his power only s per the
recommendation of the cabinet headed by prime minister.
He has to appoint the leaders of the majority group in Lok Sabha as prime Minister.
1. He has to appoint the ministers as per the suggestions of the prime minister.
President administers the oath of office to prime minister and ministers
2. He has to allocate the Portfolios to the ministers as per the suggestions of the
prime minister.
3. The prime minister and minister shall hold office during the pleasure of the
president.
4. He has to appoint the fallowing important offices as per the recommendation of
the cabinet governors of the state, judges of the Supreme Court and high courts.
5. President is the super commander for the armed forces and chancellor for the
central universities.
7. President appoints the Attorney General of India (First law officer of govt. of
India and Auditor General of India.
10. The President represents India in international affairs. He also receives foreign
diplomats to India. All the agreements and treaties between India and other
countries are made in his name.
4. Any bill shall be made an act only after the assent of the present.
5. Any Money bill(Article 10) shall be presented in the Lok Sabha only after
the recommendation of the President.(Article 17).
6. He has power to nominate 12 members to Rajya Sabha. 2 Anglo Indians
community to Lok Sabha.
7. He has the power to promulgate ordinance. When both houses of parliament
are not in session (Article 123). It as a same force and effect as laws made
by the parliament. But within six month from the date of such ordinances.
They should be replaced by acts passed by the parliament for their
continuation.
8. A bill seeking changes of the boundary of any state shall obtained approval
of the president before it is introduced in the houses.
9. The bills passed by the state legislature must be approved by the president
and then only bill become and act.
10. Interim chairman of either house may be nominated by the president.
11. He has a power to direct the Government to place financial statement on
both the houses.
Financial Powers of the President:
1. Any financial bills must be presented before the Lok Sabha only after
recommendation of the president. (Annual income and expenditure way.
Generally before 1ST April on the parliament)
2. The president has the power to constitute finance commission for the
purpose of appropriation of funds between states and union Government.
(only once in 5 years according to article 280)
Emergency Powers:
1. Under Article 352 the president may proclaim a national emergency
If he is satisfied that a grave situation exists whereby the security of
India. Due war or external aggression or armed rebellion.
2. Under Article 356. In case of failure of constitutional machinery in
any state, the president may dismiss the state Government and take
over the administration of the state( i.e impose of president rule)
3. More detail in emergency chapter.
Conclusion:
1. He is the head of the nation and not of the executive.
2. He represents the nation but does not rule ever the nation.
3. He is the symbol of nation.
4. The entire executive, judicial, etc works done in his name.
5. But in so many times president does not act as rubber stamp.
Prime Minister:-
The office of prime minister first originated in England in the 18th Century. Sir Robert
Walpole was appointed as the first prime minister (1721-1742).
1. India adopted a parliamentary system of Government. i.e there should be a
council of ministers headed by the prime minister. (The British system of
parliament democracy was adopted in India and the post of prime minister was
continued in our new constitution also)
2. India has adopted the parliamentary system of Government. In the
parliamentary system of Government.
There are two executive 1) Nominal executive and 2) Real executive.
President is called as Nominal executive of the country.
Prime Minister is called as Real Executive of the country.
3. The prime minister of India occupies a pivotal place in the Government system
of our country.
4. The entire political system revolves around him.
5. The prime minister has more power and prestige.
6. The prime minister is the king-maker
7. He is rightly called as in elected king. Sun in the solar system
8. He has been describing as “KEYSTOME OF THE CABINET ARCH”
“ELECTED MONARCH”, “SUPREME RULER” AND CENTRAL FIGURE
of the parliamentary.
9.
Appointment:
1. According to Article 75, the prime minister is appointed by the president of
India.
2. But the president has no real choice in the matter.
3. After election to the Lok Sabha the MP’s of the majority group elect leader.( if
no single party gets the majority more than 50% the group of likeminded MP’s
may together and form and elect their leader)
4. This leader so elected will be appointed as prime minister by the president
(Article 75) Then he will be sworn in by the president as prime minister.
Assumption of Office
Oath of office: I do swear in the name of god or solemnly affirm that I will
bear true faith and allegiance to the constitution of India as by law established.
I will uphold the sovereignty and integrity of India. That I will faithfully and
conscientiously discharge my duties as prime minister for the union and that I
will do right to all manner of people in accordance with the constitution and the
law, without fear of favor, affection or ill-will.
Oath
The person elected as Prime Minister, take oath in the presence of president of
India.
Position of the Prime minister:
1. He is the most powerful functionary who controls both the parliament and
the executive
2. He is the head of the council of ministers; the prime minister is the head of
the Government.
3. He is the leader of the ruling party or coalition of parties. He is the leader of
the house of people(lok Sabha)
4. He is the channel of communication between the council of ministers and
the president of India.
5. He is the real executive head of the country; he is also the leader of the
country.
Power of Appointment:
1. Appointment of ministers of his cabinet and council of ministers is the whole
responsibility of the prime minister.
2. He has to play an important role in the appointments of Governors of the state,
judges of the Supreme Court and high courts. Ambassadors, Attorney general,
Commander-Chief of the Armed forces Army. Air force, Navy. Chairman and
members of the union public service commission, chief election commissioners
and other election commissioners, Auditor General, Vice Chancellors of the
central universities, Chairman of the national commission of SC/ST