Cip Notes Unit 3-New
Cip Notes Unit 3-New
The Directive Principles of State Policy are directives, guidelines to the central and state governments of
India, to be kept in mind while framing laws and policies. These provisions, contained in Part IV of the
Constitution of India, are not enforceable by any court, but the principles laid down therein are considered
fundamental in the governance of the country.
The principles have been inspired by the Directive Principles given in the Constitution of I reland -Irish
Constitution and also by the principles of Gandhi’s; and relate to social justice, economic welfare, foreign
policy, and legal and administrative matters.
The idea of such policies "can be traced to the Declaration of the Rights of Man proclaimed Revolutionary
France and the Declaration of Independence by the American Colonies . The Indian constitution was also influenced
by the United Nations Universal Declaration of Human Rights.
DPSPs aim to create social and economic conditions under which the citizens can lead a good life. They
also aim to establish social and economic democracy through a welfare state. They act as a check on the
government. DPSPS are the welfare principles aims to achieve Socio-economic development of the Country.
They are the fundamental in the governance of the country
Part 1V Articles 36 to 51 of Indian Constitution contains Directive Principles of State Policy borrowed from
IRISH Constitution
37- provides that though Directive Principles are not justifiable state shall apply them while making lawas
38. State to secure a social order for the promotion of welfare of the people.
(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a
social order in which justice, social, economic, and political, shall inform all the institutions of the national life.
(2) The State shall strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status,
facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different
areas or engaged in different vocations.
(d) that there is equal pay for equal work for both men and women.
(e) that the health and strength of workers, men and women, and the tender age of children are not abused and
that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength.
(f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of
freedom and dignity and that childhood and youth are protected against exploitation and against moral and material
abandonment.
39A. Equal justice and free legal aid. —
The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and
shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to
ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other
disabilities.
41 Everyone should get employment, right to work to education and to public assistance in certain cases. —
The State shall, within the limits of its economic capacity and development, make effective provision for
securing the right to work to education and to public asci stance in cases of unemployment, old age, sickness
and disablement, and in other cases of undeserved want.
42 Make provisions for just and humane conditions of work and maternity relief. — The State shall make
provision for securing just and humane conditions of work and for maternity relief.
43 Securing all workers Living wages, decent standard of living., employment and cultural opportunities.
43A-Participation of workers in management of industries
The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all
workers, agricultural, industrial, or otherwise, work, a living wage, conditions of work ensuring a decent standard of
life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to
promote cottage industries on an individual or cooperative basis in rural areas.
The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the
management of undertakings, establishments or other organisations engaged in any industry.
46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other
weaker sections.
The State shall promote with special care the educational and economic interests of the weaker sections of the
people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social
injustice and all forms of exploitation.
47. Improvement of Public health, duty of the State to raise the level of nutrition and prohibition of
intoxicating drinks and drugs.
The State shall regard the raising of the level of nutrition and the standard of living g of its people and the
improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about
prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are
injurious to health.
The State shall endeavour to organize agriculture and animal husbandry on modern and scientific lines and shall, in
particular, take steps for preserving and improving the breeds, and prohibiting
The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
50. Separation of judiciary from executive. — To bring about the separation of Judiciary from Executive
48A. Protection and improvement of environment and safeguarding of forests and wildlife. —
The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife
of the country.
Liberal Principles-(44,45,50)
48A Protect and improvement of environment, safeguarding forest and wild life of the Country
49 Protection of monuments and places and objects of historical interest and of national importance. It shall
be the obligation of the State to protect every monument or place or object of artistic or historic interest, declared by
or under law made by Parliament to be of national importance, from spoliation, disfigurement, destruction, removal,
disposal, or export, as the case may be.
(c) Foster/show respect for international law and treaty obligations in the dealings
of organized peoples with one another; and
Reason for lack of implementation of Directive Principles is Lack of Political will from the party in in power.
A countervailing factor has been introduced, added by the 42nd amendment Act of 1976, known as the
Fundamental Duties, recommended by Swaran Singh Committee, these duties are mentioned in Art. 51A.
Part 1VA Articles 51A of Indian Constitution provides the following Eleven Fundamental Duties
51A. Fundamental duties. —It shall be the duty of every citizen of India—
(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.
(e) To promote harmony and spirit of common brotherhood and 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
wildlife and to have compassion for living creatures.
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform. (i) I
(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)The 11th Fundamental Duty, which states that every citizen "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 "
was added by the 86th constitutional amendment in 2002.
UNION EXECUTIVE
PRESIDENT
38. The President of India. —There shall be a President of India.
(1) The executive power of the Union shall be vested in the President and shall be exercised by him either
directly or through officers’ subordinates to him in accordance with this Constitution. (2) Without prejudice to
the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be
vested in the President and the exercise thereof shall be regulated by law.
(3) Nothing in this article shall—
(a) Be deemed to transfer to the President any functions conferred by any existing law on the Government of any
State or other authority; or
(b) Prevent Parliament from conferring by law functions on authorities other than the President.
(1) As far as practicable, there shall be uniformity in the scale of representation of the different States at the
election of the President.
(2) For the purpose of securing such uniformity among the States inter se as well as parity between the States as
a whole and the Union, the number of votes which each elected member of Parliament and of the Legislative
Assembly of each State is entitled to cast at such election shall be determined in the following manner:—
(a) every elected member of the Legislative Assembly of a State shall have as many votes as there are multiples
of one thousand in the quotient obtained by dividing the population of the State by the total number of the elected
members of the Assembly.
(b) if, after taking the said multiples of one thousand, the remainder is not less than five hundred, then the vote of
each member referred to in sub-clause (a) shall be further increased by one.
(c) each elected member of either House of Parliament shall have such number of votes as may be obtained by
dividing the total number of votes assigned to the members of the Legislative Assemblies of the States under
subclauses (a) and (b) by the total number of the elected members of both Houses of Parliament, fractions
exceeding one-half being counted as one and other fractions being disregarded. (3) The election of the President
shall be held in accordance with the system of proportional representation by means of the single transferable vote
and the voting at such election shall be by secret ballot.
.
42. Term of office of President. —
(1) The President shall hold office for a term of five years from the date on which he enters upon his office:
Provided that—
(a) the President may, by writing under his hand addressed to the Vice-President, resign his office; (b) the
President may, for violation of the Constitution, be removed from office by impeachment in the manner
provided in article 61;
(c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor
enters upon his office.
(2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall
forthwith be communicated by him to the Speaker of the House of the People.
A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution,
be eligible for re-election to that office.
(1) 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.
(2) The President shall not hold any other office of profit.
(3) 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.
(4) The emoluments and allowances of the President shall not be diminished during his term of office.
Every President and every person acting as President or discharging the functions of the President shall,
before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his
absence, the senior-most Judge of the Supreme Court available.
48. Time of holding election to fill vacancy in the office of President and the term of office of person elected
to fill_6 MONTHS casual vacancy. —
(1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed
before the expiration of the term. (2) An election to fill a vacancy in the office of President occurring by reason of
his death, resignation, or removal, or otherwise shall be held as soon as possible after, and in no case later than six
months from, the date of occurrence of the vacancy
POWERS OF PRESIDENT
1 Executive Powers
1) President appoints Prime Minister.
2) Appoints Council of Ministers with President’s advice
3) Governors
4) Chief Justice and other Judges of Supreme Court and High Courts
5) Attorney General and Comptroller General
6) Members of Union Public Service Commission, Finance and Election Commission
7) Ambassadors and other Diplomats
8) Commissioners for Scheduled Cate and Scheduled Tribe etc
9) He is the Chief Administrator of Union Territory
II Legislative Powers
Bills like Money bills shall be introduced and processed only with President’s
recommendation
3) He summons, Prorogues the sessions of Parliament.
5)Addresses joint Sessions of Parliament once in a year after each general election
1V Financial Powers
1)President Signs the Annual Budget
3)Takes necessary steps to meet the unforeseen expenditure like natural calamities, sudden
crisis etc by making use of Contingency funds which is at the disposal of President
V Emergency Powers:
(1) President declares 3 types of Emergency-National, State and Financial Emergency u
V1 Military Powers
(1) President is the Supreme Commander/Commander in Chief of Defence Forces
(2) Appoints Chief of Army, Navy, and Airforce
VII-Diplomatic Powers
1)Absolute Veto: Power of the President to say no to a bill passed by both houses of
Parliament which never becomes Law
2)Qualified Veto: Power of the President to veto that can be overridden by THE
Legislature
3)Suspensive Veto: Veto power of the President overridden by simple or ordinary
majority
4)Pocket Veto: When a bill presented to the President, he neither gives his consent,
nor refuses it. The bill will be pending for a long time without any decision.
THE VICE-PRESIDENT OF INDIA
The Vice-President shall be ex officio Chairman of the Council of States and shall not hold any other office of
profit: Provided that during any period when the Vice-President acts as President or discharges the functions of
the President under article 65, he shall not perform the duties of the office of Chairman of the Council of States
and shall not be entitled to any salary or allowance payable to the Chairman of the Council of States under article
97.
51. The Vice-President to function as President or to discharge his functions during casual vacancies in the
office, or during the absence, of President. —
(1) In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation
or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected
in accordance with the provisions of this Chapter to fill such vacancy enters upon his office.
(2) When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-
president shall discharge his functions until the date on which the President resumes his duties. (3) The Vice
President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of,
President, have all the powers and immunities of the President and be 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.
(1) The Vice-President shall be elected by the members of an electoral college consisting of the members of
both Houses of Parliament in accordance with the system of proportional representation by means of
the single transferable vote and the voting at such election shall be by secret ballot.
(2) The Vice-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 Vice-President, he shall be deemed to have vacated his seat in that House on the date on which he
enters upon his office as Vice-President.
(3) No person shall be eligible for election as Vice-President unless he— (a) is a citizen of India.
(b) has completed the age of thirty-five years; and
(c) is qualified for election as a member of the Council of States. (RAJYA Sabha)
(4) A person shall not be eligible for election as Vice-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.
53. Term of office of Vice-President. —
The Vice-President shall hold office for a term of five years from the date on which he enters upon his
office: Provided that—
(a) a Vice-President may, by writing under his hand addressed to the President, resign his office.
(b) a Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of
all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of
this clause shall be moved unless at least fourteen days' notice has been given of the intention to move the
resolution;
(c) a Vice-President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters
upon his office.
54. Time of holding election to fill vacancy in the office of Vice-President and the term of office of person
elected to fill casual vacancy. —
(1) An election to fill a vacancy caused by the expiration of the term of office of Vice-President shall be
completed before the expiration of the term.
(2) An election to fill a vacancy in the office of Vice-President occurring by reason of his death, resignation or
removal, or otherwise shall be held as soon as possible after the occurrence of the vacancy, and the person elected
to fill the vacancy shall, subject to the provisions of article 67, be
entitled to hold office for the full term of five years from the date on which he enters upon his office.
Every Vice-President shall, before entering upon his office, make and subscribe before the President, or some
person appointed in that behalf by him.
Parliament may make such provisions as it thinks fit for the discharge of the functions of the President in any
contingency not provided for in this Chapter.
57. Matters relating to, or connected with, the election of a President or Vice-President. —
P0wers of Vice President
(1) All doubts and disputes arising out of or in connection with the election of a President or Vice- President shall
be inquired into and decided by the Supreme Court whose decision shall be final.
(2) If the election of a person as President or Vice-President is declared void by the Supreme Court, acts done by
him in the exercise and performance of the powers and duties of the office of President or VicePresident, as
the case may be, on or before the date of the decision of the Supreme Court shall not be invalidated by reason
of that declaration.
(3) Subject to the provisions of this Constitution, Parliament may by law regulate any matter relating to or
connected with the election of a President or Vice-President.
(4) The election of a person as President or Vice-President shall not be called in question on the ground of the
existence of any vacancy for whatever reason among the members of the electoral college electing him.
(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to
suspend, remit or commute the sentence of any person convicted of any offence
(a) in all cases where the punishment or sentence is by a Court Martial.
(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the
executive power of the Union extends.
(c) in all cases where the sentence is a sentence of death.
(1) Subject to the provisions of this Constitution, the executive power of the Union shall extend
(a) to the matters with respect to which Parliament has power to make laws;
(b) to the exercise of such rights, authority, and jurisdiction as are exercisable by the Government of
India by virtue of any treaty or agreement: Provided that the executive power referred to in sub-clause.
(a) shall not, save as expressly provided in this Constitution or in any law made by Parliament, extend in any
State to matters with respect to which the Legislature of the State has also power to make laws. (2) Until otherwise
provided by Parliament, a State and any officer or authority of a State may,
notwithstanding anything in this article, continue to exercise in matters with respect to which Parliament
has power to make laws for that State such executive power or functions as the State or officer or authority thereof
could exercise immediately before the commencement of this Constitution.
The Prime Minister selects the members of the Council of Ministers who are formally appointed by
the President.
Distribution of Portfolios: He allocates portfolios among the ministers and he can drop any minister.
• Determination of the size of Ministry
• Shuffles and re shuffles the Ministry, removes, transfers the Ministers.
• Chairman oof the Cabinet: As the chairman of the cabinet the Prime Minister presides over the
meetings and sittings of the Cabinet.
• Power to Supervise and coordinate the government affairs: He decides the policies of the government.
He coordinates the work of different ministries and solves inter - departmental
conflicts.
The Prime Minister is the Chairperson of the Planning Commission which is a key body in the process of
planning.
The Prime Minister advises the President on all important matters like appointments judges of the High
Courts and the Supreme Court, Chief Election Commissioner, Comptroller and Auditor General.
He also advises the President on the dissolving of the Lok Sabha and the declaration of Emergencies
He acts as the Channel of communication between President and Council of Ministers
• He is the Chief Administrator of the Nation
• According to Dr, B, R Ambedkar Prime Minister is the “Key Stone in the Cabinet Arch”
• According to Sir Ivor Jennings Prime Ministers the “Sun around which the planets revolve”.
COUNCIL OF MINISTERS
Council of ministers is a composite body with or without cabinet rank. The strength should not be more
than 15% of total number of Lok Sabha
Collective Responsibility: The Council of Ministers Sail, Swim, sink together which signifies collective responsibility. They along with
Prime Minister are collectively responsible to Lok Sabha.
1 Cabinet Ministers-
a) referred as “wheel of wheel”. It is the most important organ and inner circle of council of ministers which
occupies the top rank in the hierarchy of ministry.
d)All important and major decisions of national importance are taken by the Cabinet along with Prime Minister as
their Leader.
11 Ministers of State
a) Occupies 2nd rank.
b) Have Independent charges and called for Cabinet Meetings whenever Required