Academic year: 2022-23

Even Semester Semester :2nd

Subject Name : Constitution of India
Subject Code : BICOK207

Topics:-
1) Directive Principles of State Policy (DPSP’s) and its present relevance in Indian society.
2) Fundamental Duties and its Scope and significance in Nation,
3) Union Executive : Parliamentary System, Union Executive – President, Prime Minister, Union Cabinet.

1. Directive Principles of State Policy (DPSP’s) & itspresent relevance in Indian society.

• They are an 'instrument of instructions' which are enumerated in the Government of India Act, 1935.
• They seek to establish economic and social democracy in the country.
• DPSPs are ideals which are not legally enforceable by the courts for their violation.

The main purpose of the Directive Principle of State Policy listed in Part 4 of the Indian Constitution is to
provide economic justice and to avoid the concentration of wealth in the hands of a few people.
Therefore, no government can afford to ignore them

DPSP imposes a duty upon the state not only to protect and acknowledge the Fundamental right of the
individual but also to achieve Social-economic goals

The expression “Justice- social, economic, political” is sought to be achieved through DPSPs. DPSPs are
incorporated to attain the ultimate ideals of preamble i.e. Justice, Liberty, Equality and fraternity.
Moreover, it also embodies the idea of the welfare state which India was deprived of under colonial rule

2. Fundamental Duties and its Scope and significance in Nation.

The importance of fundamental duties is that they define the moral obligations of all citizens to help in the
promotion of the spirit of patriotism and to uphold the unity of India.

The Swaran Singh Committee in 1976 recommended Fundamental Duties, the necessity of which was felt
during the internal emergency of 1975-77. The 42nd Amendment Act of 1976 added 10 Fundamental
Duties to the Indian Constitution. The 86th Amendment Act 2002 later added the 11th Fundamental Duty
to the list.

The Fundamental Duties are dealt with in Article 51A under Part-IV A of the Indian Constitution.

S.No There are 11 Fundamental Duties

1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the
National Anthem
2. Cherish and follow the noble ideals that inspired the national struggle for freedom
3. Uphold and protect the sovereignty, unity and integrity of India
4. Defend the country and render national service when called upon to do so
5. Promote harmony and the spirit of common brotherhood amongst all the people of India
irrespective of caste religion and language.
6. Value and preserve the rich heritage of the country’s composite culture
7. Protect and improve the natural environment including forests, lakes, rivers and wildlife.
8. Develop scientific temper, humanism and the spirit of inquiry and reform
9. Safeguard public property and to abjure violence
 10. Strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of achievement

11. Provide opportunities for education to his child or ward between the age of six and fourteen
years. (This duty was added by the 86th Constitutional Amendment Act, 2002)
Importance of Fundamental Duties – Part IV-A

S.No Importance of Fundamental Duties

1. They remind Indian Citizens of their duty towards their society, fellow citizens and the nation

2. They warn citizens against anti-national and anti-social activities

3. They inspire citizens & promote a sense of discipline and commitment among them

4. They help the courts in examining and determining the constitutional validity of a law

Which Fundamental Duty was added by the 86th Amendment Act?

The Fundamental Duty added by the 86th amendment act directs citizens to provide opportunities for
education to his child or ward between the age of six and fourteen years.

Which Committee proposed to add Fundamental Duties in the Indian Constitution?

Swaran Singh Committee in 1976 recommended Fundamental Duties to be added in the constitution

Which amendment act added 10 Fundamental Duties in the Indian Constitution?

42nd Amendment Act, 1976 added 10 Fundamental Duties

Fundamental Duties are added under which part of the Indian Constitution?

They are added under Part-IV-A of the Constitution.

Why are the Fundamental Duties important for a citizen?

Fundamental duties are important because:

 • They remind Indian Citizens of their duty towards their society, fellow citizens and the nation
• They warn citizens against anti-national and anti-social activities
• They inspire citizens & promote a sense of discipline and commitment among them
• They help the courts in examining and determining the constitutional validity of a law

3. Union Executive: Parliamentary System

The Union executive consists of

1 President,

2 Vice-President,

3 Prime Minister.

4. Council of Ministers.

President of India
The executive power of the Union shall be vested in the President and shall be exercisedby him
either directly or through officers subordinate to him in accordance with this Constitution.

Executive power of the State is vested in Governor. Council of Ministers with Chief Minister as
head aids and advises Governor in exercise of his functions except in so far as he is by or under
the Constitution required to exercise his functions or any of them in his discretion.

The President of India is the head of state of the Republic of India.

The President is the formal head of the executive, legislature and judiciary of India and is
also the commander-in-chief of the Indian Armed Forces.(Army, Navy and Airforce)
The President shall be elected by the members of an electoral college consisting of –
(a) the elected members of both Houses of Parliament; and
(b) the elected members of the Legislative Assemblies of the States. Explanation: In this
article and in article 55, “State” includes the National Capital Territory of Delhi and the
Union territory of Pondicherry.

TERM OF OFFICE OF PRESIDENT

The President shall hold office for a term of 5 (five) years

Executive powers of Union Parliament

The Parliament is also vested with powers to impeach the President and to remove the Judges
of Supreme Court and High Courts, the Chief Election Commissioner and the Comptroller and
Auditor General in accordance with the procedure laid down in the Constitution.

The Parliament of India is the supreme legislative body of the Republic of India. It is a bicameral
legislature composed of the president of India and two houses: the Rajya Sabha (Council of
States) and the Lok Sabha (House of the People).
 Duties of Union executive

The duty of the union executive is to implement legislation passed by the Legislature and it
coordinates with the governing party Ministers who make policy judgements. In comparison, the
State Executive is the portion of the state administration which implements laws and is
answerable to the government of the state.

The Constitution of India allows for a maximum of 550 members in the House, with 530
members representing the States and 20 representing the Union Territories. At present, the Lok
Sabha has 543 seats filled by elected representatives.

Three Financial Powers of the Union Parliament are:

(i) It passes the Union Budget.

(ii) It can make supplementary grants if the amount authorized is insufficient.
(iii) If the Budget is not passed before April 1, then there would be no money for the
executive to spend.

What is Article 79.

Article 79 describes the Constitution of Parliament. It says that there shall be a
Parliament for the Union, which shall consist of the President and two Houses, to be
known respectively as the Council of States (Rajya Sabha)and the House of the
People(Lok Sabha).

Article 356 -
Gives wide powers to the Union government to assert its authority over a state if civil unrest
occurs and the state government does not have the means to end it.

What is Article 356 used by Indira Gandhi?

Article 356 allows the Centre to dismiss an elected state government and impose “President's
Rule”. Its rampant misuse by almost all central governments has been largely curbed after the
Supreme Court's landmark Bommai judgment of 1994. What is Article 356, which Prime Minister
Modi says Indira Gandhi misused 50 times

Council of Ministers
There is a Council of Ministers headed by the Prime Minister to aid and advise the President in
exercise of his functions.
Who appoints Prime Minister
The Prime Minister is appointed by the President, who also appoints other ministers on the advice
of Prime Minister. The Council is collectively responsible to the Lok Sabha. It is the duty of the
Prime Minister to communicate to the President all decisions of Council of Ministers relating to
administration of affairs of the Union and proposals for legislation and information relating to them.

The Council of Ministers comprises Ministers who are members of Cabinet, Ministers of State(independent charge),
Ministers of State and Deputy Ministers
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