Indian Political System-Part 2
*New Directive Principles* Article 39: to secure opportunities for the healthy development of children 39A: to promote equal justice and to provide free legal aid to the poor 43A: to take steps to secure the participation of workers in the management of the industries 48A: to protect and improve the environment and to safeguard forests and wildlife ----- 38: to minimize inequalities in income,status,facilities and opportunities ---- 45: changed the subject matter of education to FR in Article 21A ---- 43B: promote the voluntary formation of cooperative societies
*Difference between FR and DPSP* -negative; positive -justiciable; non-justiciable -political democracy; social and economical democracy -legal sanctions; moral and political sanctions -personal and individualistic;solitarian and socialist -automatically enforced, not automatically enforced(need legislation) -court can declare a law unconstitutional and invalid if violates FR; courts cannot *Crticism of DPSP* -lack of legal sanction -vague and illogically arranged -conservative in nature -lead to constitutional conflict
[cases read from edutap] [Article 32 detailed read from edutap]
*Directive Principles of State Policy(DPSP)* -borrowed from Irish Constitution -Part IV- Article 36-51 -novel features of the Indian Constitution (by Dr Ambedkar) -non-justiciable Article 37: these principles are fundamental to the governance of the country and it shall be the duty of the state to apply these principles in making laws Directive principles aiming at the establishment of a welfare state: Article 38,39,41,42,43,46,47 Directives relating to cultural and educational matters: Article 45 & 49 Directives principles aiming to implement Gandhian Principles: Article 40,43,45,47,48 Directives relating to International Peace and Security: Article 51 Miscellaneous: Article 44(to secure a uniform civil code), Article 50(separation of judiciary from executive)
*Right to Freedom of Religion*(Article 25-28) 25: Freedom of conscience and free profession,practice and propagation of religion 26: Freedom to manage religious affairs 27: Freedom from payment of taxes for promotion of any religion 28: Freedom from attending religious instruction or worship in certain educational institutions *Cultural and Educational Rights*(Article 29-30) 29: Protection of language,script and culture of minorities 30: Right of minorities to establish and administer educational institutions *Right to constitutional remedies* 32: Right to move the supreme court for the enforcement of fundamental rights including the writs of (i)Habeas corpus (ii)Mandamas (iii)Prohibition (iv)Certiorari (v)Quo warranto -Article 31: Right to Property is deleted -made a legal right under Article 300A
*Fundamental Rights and Judiciary* Article 13: all laws inconsistent with or in derogation of any of the FRs shall be void(provides for judicial review) Article 31(right to consitutional remedies)
*Rights*(Entitlement to act or to be treated in a particular way)(negative and positive rights) -Natural rights -Human rights •Moral rights -Legal rights -Civil rights -Political rights -Fundamental rights
*Fundamental rights* -incorporated in the fundamental law of the land(constitution) -Part III of the constitution (Article 12-35)(The Magna Carta of the Indian Constitution) -inspired from USA's constitution(Bill of Rights) *Features* 1)Integral part of the constitution 2)most comprehensive and detailed 3)negative and positive rights 4)all rights are justiciable 5)suspension of rights(all FRs are suspended at times of National Emergency except right to life and liberty Article 20 and 21) 6)Specific rights for citizens alone(except right to freedom of religion,right against exploitation,right to life, all other rights are for citizens alone) 7)FRs are amendable
*Executive powers* -appoints PM and other ministers(Article 75) -can take actions in his name after authentication(Article 77) -has a right to be informed of the affairs of the Union(Article 78) -appoints Attorney General,CAG,judges of SC,HC,Governors of states,Chief Election Commissioner and members,Finance Commission members etc -appoint commission for ST/SCs,official language -appoint special officer for linguistic minorities -appoint Inter State Council (Article 263) -directly administers the UTs -can declare and administer any area as Scheduled area
*Legislative power* -President is integral part of the Parliament(Rajya Sabha,Lok Sabha,President) -summon or prorogues the Parliament and can dissolve the lower houses -summon a joint sitting of both the houses incase of deadlock between them (Article 108) -can disqualify MPs in consultation with the EC -lays the reports of CAG,FC,UPSC etc before the Parliament -Nominate 12 members to the Rajya Sabha -Nominate 2 members to the Lok Sabha from the Anglo-Indian community -a bill will not become an Act unless it receives the assent of the President (Article 111)
*Financial Power* -Annual Financial Statement(or Union Budget) -prior recommendation for Money Bill -FC constitution every 5 yrs -prior recommendation for Demand of Grants -Contingency Fund of India -allocates grants-in-aid in lieu of export duty of jute to Assam,WB,Bihar,Odissa *Judical Powers* -appoint CJI and members of SC and HCs -can seek advice from SC -power to grant,reprieve,respite or remission of punishment or suspend any offence
*Military Power* -He is the Supreme commander of defense -appoints the Chiefs of army,navi and air force -can declare war or peace, approval of parliament *Diplomatic power* -represents India in International Affairs -appoint Indian representatives to other countries and receives diplomatic envoys *Emergency power* -National Emergency(Article 352) -President's Rule(Article 356)(failure of State's Constitution) -Financial Emergency(Article 360)
President can :- -assent the bill -withhold the bill -return the bill for reconsideration(except Money Bill) *Veto Powers*(to reject) 1)Absolute Veto(private bills, and bills of previous cabinet ministers who resigned) 2)Suspensive veto(when return the bill for reconsideration; but if Parliament passes the bill again with or without amendments,President must give his assent) 3)Pocket veto(ignoring the bill for indefinite time period; more power than the American President-should pass within 10 days) -President must give his assent to a *Constitution Amendment Bill*
*Ordinance Making Power of President* (Article 123) -most important legislative power of President -enable the executive to deal with a situation that may suddenly arise when the Parliament is not in session -cease to operate after 6 weeks of reassembly of Parliament -can be withdrawn any time by the President
*Prime Minister and Council of Ministers* 1)Head of Government(President is Head of State) 2)Leader of the Cabinet 3)Link between President and the Cabinet(Article 78) 4)Leader of the Parliament 5)Chief Spokesperson on Foreign Relation 6)Leader of the Party 7)Chairman of NITI Aayog Article 74: Council of Ministers to aid the PM and advise the President Article 75: PM shall be appointed by the President -Total Council of Ministers(including PM) should not exceed 15% of total strength of Lok Sabha -minister who is not a member of either house of Parliament for any period of 6 consecutive months shall cease to be a minister -salary and allowances of ministers are determined by the Parliament -resignation of PM dissolves the Cabinet -COM can remain in office till it enjoys the support of the majority of members of the lower house of parliament
*Power and Functions of COM* -legislative powers -executive powers -financial powers *Features of Cabinet System* 1)a Nominal Head(President) 2)leadership of PM 3)Political Homegeneity 4)collective responsibility(to the Lok Sabha) (individual responsibility to the President) 5)sound and effective opposition -Cabinet was described in Article 352 -COM includes (1)Cabinet Ministers (2)State Ministeries (3)Deputy Ministeries *3 models of PM leadership* 1)Pluralist premiership(Nehru) 2)Neo-patrimonial premiurship(Indira Gandhi) 3)Federal(Rajiv Gandhi)
*Governor* -Chief executive of the state -7th CAA, can be appointed for 2 or more states -neither directly or indirectly elected; but appointed by the President -term of office: 5yrs(citizen of India) -eligible age: 35 yrs -from outside of state -link between centre and state -on recommendation of Governor,President declares emergency on constitutional breakdown -under President's rule, Governor is the chief representative of the President in the State -constitution does not lay down any grounds upon which a governor is removed
*Powers* *Constitutional discretion* -reservation of bill for the consideration of President -recommendation for the imposition of President's rule -determining the amount payable by the govt to autonomous tribal district councils *Situational discretion* -appointment of CM(if there is no recognized leader and there is no clear majority) -dismissal of a ministry -dissolution of the legislative assembly -refusing to give assent to a bill or reserving for President -seeking instruction from President before Ordinance
*Fundamental Duties*(from USSR) -recommended by *Swaran Singh Committee* (1976) -Part IVA: Article 51A (10 FDs (a) to (j)) (last added 2002, (k):provide opportunities for education to his children between the age group 6-14 yrs) -unjusticiable -confined to citizens only *Criticism* -list of duties is non-exhaustive -does not cover important duties like casting vote,paying taxes etc -some duties are vague and difficult to understand -non-justiciable *Verma committee observations 1999* *NCRWC 2002*
*President of India* -Head of the state -First citizen of India ----- -elected indirectly in accordance with the system of proportional representation by means of single transferable vote by •elected members of both houses •elected members of state legislative assemblies •elected members of UTs legislative assemblies -all disputes regarding election of President can be addressed by the Supreme Court -for calculation of vote of MLAs,population of census 1971 is taken into account ---- -term of years:5 yrs -can be reelcted any no of times -immunity from criminal proceedings -civil proceedings after giving 2 months notice ---- -can resign by addressing to Vice President -can be removed by impeachment for 'violating the constitution' (Article 61)
*Right to equality*(Article 14-18) 14: Equality before law and equal protection of laws 15: Prohibition of discrimination on grounds of race,religion,caste,sex or place of birth 16: Equality of opportunity in matters of public employment 17: Abolition of untouchability and prohibition of its practice 18: Abolition of titles except military and academic
.*Right to Freedom*(Article 19-22) 19: Protection of six rights in respect of (i)speech and expression (ii)assembly (iii)association (iv)movement (v)residence (vi)profession 20: Protection in respect of conviction of offences 21: Protection of life and personal liverty 21A: Right to elementary education 22: Protection against arrest and detention *Right against Exploitation* 23: Prohibition of traffic in human being and forced labor 24: Prohibition of employment of children in factories etc
*Public Interest Litigations(PIL)* -to make the judicial system(High courts and Supreme Court) accessible to the socially and economically backward sections of the society
Article 33: empowers the Parliament to restrict or abrogate the FRs of the members of armed forces,para-military forces,police forces,intelligence agencies and analogous forces Article 34: provides for restriction on FRs while martial law is in force in any area within the territory of India
the impeachment proceedings against the VicePresident can be initiated (only in Rajya Sabha)
Constitution of India does not mention the post of (Deputy PM)
Rights Fundamental Rights-Part III(12-35)-Features Right to Equality(14-18) Right to Freedom(19-22) Right against Exploitation(23-24) Right to Freedom of Religion(25-28) Cultural Rights(29-30) Right to Constitutional Remedies(31,32) DPSP-Part IV(36-51) Difference betn FR and DPSP, Crticisms Fundamental Duties-Part IVA(51A)(Swaran Singh committee,Verma Committee)
President(appointment,resign) Executive,legislative,financial,judicial,military,diplomatic,emergency powers Veto powers Ordinance making power PM and Council of ministers power & functions of COM(executive,legislative,financial) Features of Cabinet System Governor Powers(Constitutional and Situational)
