Directive Principles of State Policy (DPSP)

• Part IV
• Articles 36 to 51
• Borrowed from Irish Constitution (Copied from Spanish Constitution)
• Instrument of Instructions (GOI Act, 1935)
• Concept of  "Welfare State"
• Non-Justiciable
• Aim at establishing social and economic  democracy

Amendments

42nd CAA, 1976

• Article 39 (Children)
• Article 39A (Equal Justice, free legal Aid)
• Article 43A (workers)
• Article 48A (Environment and Wildlife)

44th CAA, 1978

• Article 38 (Inequalities in Income)

86th CAA, 2002

• Article 45 to Article 21A (Elementary Education)

97th CAA, 2011

• Article 43B (Co-operative Societies)

Cases

Champakam Dorairajan (1951)

• FR Should Prevail over DPSP (Ruled By SC)
• Parliament: 1st CAA 1951, 4th CAA 1955, 17th CAA 1964

Golaknath Case (1967)

• Court: FR can not be amended for the  implementation of the DPSP
• Parliament: 24th CAA 1971, 25th CAA 1971
• 24th CAA 1971: Parliament has the power to take away any of the FR by Enacting the CAA
• 25th CAA 1971: Article 39(b) and (c) prevails over Article 19,14 and Article 31, No Judicial Review

Kesavananda Bharti Case (1971)

• Basic Structure (Not Defined in the Constitution)
• 25th CAA 1971: Judicial Review

Minerva Mills Case (1980)

Citizenship

 Two well known Principles,

• 'Jus Soli': Citizenship on the basis of place of birth 
• 'Jus Sanguinis':  Basis on blood relation ~> Rejected by Constituent Assembly

Indian Constitution

• Union List
• Constitution does not define the "Citizen"
• Details in the Part II (Article 5 to 11)
• Single Citizenship (e.g. UK)

Article 11

• It empowers Parliament to make any provision wrt the acquisition and termination of citizenship and all matters relating to it.

Acquisition

• By Birth
• By descent
• Registration 
• Naturalisation

Citizenship Act, 1955

• Act has been amended 5 times: 1986, 2003, 2005, 2015 and 2019

Section 6A

• Only applicable to Assam

Doctrine of Basic Structure

• Kesavananda Bharati v State of Kerala 1973
• a 13-judge Constitution Bench ruled that the ‘basic structure’ of the Constitution could not be amended by Parliament.
• Origin: German Constitution
• Constitution does not defined "Basic Structure"

Pravasi Bharatiya Diwas (PBD)

• 17th edition, Indore, Madhya Pradesh

Why Celebrated?

• January 9 was selected as it was the date when Mahatma Gandhi returned to India from South Africa in 1915.

The Pravasi Bharatiya Samman Award

Article 239AA

• 69th Amendment Act, 1991
• S Balakrishnan Committee 1987

The Preamble

• Foundation: Jawaharlal Nehru’s Objectives Resolution-adopted by the Constituent Assembly on January 22, 1947

IN OUR CONSTITUENT ASSEMBLY  twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Keywords

1.Sovereign

2. Socialist

• In Directive Principles of State Policy (Arts. 39(b) and 39(c))
• 42nd Amendment Act in 1976

3. Secular

• 42nd Amendment Act in 1976
• Articles 14, 15 and 27 establish the secular nature of the state.
• Arts. 25–28 guarantee to all individuals, the freedom to profess, practice and propagate their religion, and assure strict impartiality on the part of the state and its institutions towards all religions

4. Democratic

5. Republic

6. Liberty

• an absence of restraints on the activities of individuals 
• The ideals of liberty, equality and fraternity are taken from the French Revolution

7. Equality

• absence of special privileges to any section of the society
• Civic, (Article 14, 15, 17 and 18)
• Political, (Article 325 and 326)
• Economic (Article 39 and 16) 

8. Fraternity

• Article 51A (Fundamental Duties)
• 42nd Amendment Act in 1976

9. Justice

• Social, economic and political

Cases

1.Berubari Union Case, 1960

•  not a part of the Constitution.

2. Kesavananda Bharaticase, 1973

• Preamble is a part of the Constitution
• Doctrine of Basic Structure

3. S R Bommai Case, 1994

• Preamble is a part of the Constitution

Seperation of Powers

 

Nirbhaya Fund

• The Centre had in 2013 introduced the ‘Nirbhaya Fund’ to help women in distress, provide improved infrastructure and manpower to help women, and create a safer space for them.
• The Nirbhaya Fund has been launched as a non-lapsable fund which is handled by the MoWCD and Ministry of Finance.

Source: The Indian Express

The Protection of Children from Sexual Offences (POCSO) Act

• The Act came into force on November 14, 2012
• To deal with offences including child sexual abuse and child pornography.
• Act includes punishment for aggravated penetrative sexual assault to be increased to include the death penalty.
• The punishment has increased including the minimum punishment for penetrative sexual assault, which has been increased from seven years to 10 years — and, if the child is below 16 years of age, the minimum punishment has been increased to 20 years.

Electoral Bonds

 Electoral bonds are interest-free bearer instruments (like Promissory Notes) that will be available for purchase from the State Bank of India within a designated window of 10 days in every quarter of the financial year.

Source: The Indian Express

National Party

Criteria

1. it is ‘recognized’ in four or more states; or

2. if its candidates polled at least 6% of total valid votes in any four or more states in the last Lok Sabha or Assembly elections and have at least four MPs in the last Lok Sabha polls; or
3. if it has won at least 2% of the total seats in the Lok Sabha from not less than three states.

ECI has recognized nine**parties as national parties  

1. BJP, 
2. Congress, 
3. Trinamool Congress, 
4. CPI(M), 
5. CPI, 
6. Nationalist Congress Party (NCP), 
7. Bahujan Samaj Party (BSP),  
8. Conrad Sangma’s National People’s Party (NPP)
9. Aam Adami Party (AAP)

Uniform Civil Code (UCC)

 Directive Principle of State Policy (DPSP)

• Article 44

Constituent Assembly

•  1935: INC officially called for a constituent assembly to frame a constitution for India.

1938: Nehru Made a Statement regarding the Constitution

1940: August Offer Accepted the Demand

a constituent assembly was established under the provisions of the Cabinet Mission plan.

Composition

• Constituted in 1946
• 389: 296 For British India and 93 For Princely States

Governor

Article 164

• The CM shall be appointed by the Governor
• The other Ministers shall be appointed by the Governor on the advice of the Chief Minister
• CM and Minister shall hold office during the pleasure of the Governor 

In Addition

Election Commission of India

Appointment

• By President 
• 6 years tenure or up to the age of 65 Years whichever is earlier
• Same salary as judges of the SC of India

Article 324

•  The powers of  “superintendence, direction, and control of elections” is to be vested in an Election Commission.

Size

• not fixed by the constitution

Article 324(2) says that “the Election Commission shall consist of the Chief Election Commissioner and a such number of other Election Commissioners if any, as the President may from time to time fix”.

All three ECs have equal say in the decision-making of the Commission.

Governor

• Under Articles 155 and 156 of the Constitution, a Governor is appointed by the President and holds office “during the pleasure of the President”.
• The Governor can be appointed and removed by the central government.
• Article 163 of the Constitution says the Governor will normally be aided and advised by the Council of Ministers except in those functions which require his discretion.

Foreign Contribution Regulation Act (FCRA)

• To regulate the acceptance and utilization of foreign contribution 

Provision

• To open a bank account for the receipt of foreign funds in the State Bank of India, Delhi.
• To utilize those funds only for the purpose for which they have been received, and as stipulated in the Act.
• They must not transfer the funds to another NGO.

Registration

• apply online
• MHA makes inquiries through the Intelligence Bureau 
• The MHA is required to approve or reject the application within 90 days.
• FCRA registration is valid for five years.
• NGOs are expected to apply for renewal within six months of the date of expiry of registration.

Cancellation

• violation of the Act
• Once the registration of an NGO is canceled, it is not eligible for re-registration for three years.
• All orders of the government can be challenged in the High Court.

Add on

• https://iassaheb.blogspot.com/2022/06/fcra.html

Source: The Indian Express

Reservation

Article Related to the Reservation for SC and ST

• Article 15(4) and 16(4); Reserve seats in Govt. Service 
• Article 16 (4B): Carry forward Seats
• Article 330 and 332: In Parliament and SLA
• Article 243D: Panchayat
• Article 233T: Municipality
• Article 335

Cases

Indra Sawhney v/s Union of India (1992)

• Creamy Layer
• < 50%

EWS Quota

• 103rd CA 2019
• 10% EWS Quota
• Article 15(6) and 16(6) added

Basic Structure:

• Kesavananda Bharti Judgment (1973): Doctrine of Basic Structure
• Shankari Prasad (1951)
• Golak Nath (1967)
• Minerva Mills (1980)

Section 124A IPC