Chapters :
  • LIBERAL INTELLECTUAL PRINCIPLES – 02 

  • POWERS AND FUNCTIONS OF THE PRESIDENT

     

LIBERAL-INTELLECTUAL PRINCIPLES – 1

                  

ARTICLE 44: 
It directs the State to secure a UNIFORM CIVIL CODE (UCC) for the citizens throughout the territory of India. The Hindu Marriage Act, 1955 and the Hindu Succession Act, 1956 are some of the measures taken in the direction of securing UCC to the citizens.  ARTICLE 45:  It directs the State to provide early childhood care and education to all the children until they complete the age of six.  The Ministry of Women and Child Development (MWCD) has been playing the central role in providing early childhood care in the areas of Nutrition, Health And Education To Children In Rural Areas, Slums, Underdeveloped Areas And Minority areas through anganwadis.  ARTICLE 48: It directs the State to organise agriculture and animal husbandry on modern and scientific lines.  ARTICLE 48A:  It directs the State to take measures for the protection and improvement of environment and safeguarding forests and wildlife. This article was added by the 42nd constitutional amendment act, 1976. Accordingly, the Forest (Conservation) Act, 1980, the Environment Protection Act,1986, etc were enacted in line with this directive. ARTICLE 49: It directs the State to protect monuments, places and objects of artistic or historical interests that are declared to be of national importance by the Parliamentary laws.  The enactment of The Ancient And Historical Monument And Archaeological Sites And Remains Act, 1951 was a step taken in this regard. ARTICLE 50: It directs the State to separate the judiciary from the executive in the public services of the State. The Code Of Criminal Procedure (Crpc) enacted in 1973 took away the judicial powers from the executive authorities such as the District Collector, Sub-Divisional Officers, Tehsildars and others. The judicial powers are vested with the District Judicial Magistrates who are under the control of the High courts.  ARTICLE 51:  It directs the State to  (a) Promote International Peace And Security, (B) Maintain Just And Harmonious Relations Between Nations, (C) Abide By International Law And Treaty Obligations And  (D) Encourage Settlement Of International Disputes Through Arbitration. India’s foreign policies such as The Panchsheel, Non-Alignment Movement, etc are aligned with the above directives.  Difference Between Fundamental Rights and DPSP
S. No Fundamental Rights DPSP
1 These are justiciable in case of violation either by the State or by private individuals. Article 37: It says that the directive principles cannot be enforced by any court. Nevertheless, it is the duty of the State to incorporate these principles in its policies and laws. 
2 These are civil and political rights that instil political democracy.  These are social and economic rights that aspire to create a welfare state.
3 These are basically negative rights upon the State as they restrict the State from doing something.  These are positive directives as they encourage the State to do something.
4 These are direct executory that is they do not need separate laws to be given effect. Exception: Articles 33 and 34 are not direct executory. These require separate laws to be given effect.  Example: Equal Remuneration Act, 1976 was enacted to give effect to article 39(d).
5 The courts can declare a law unconstitutional and invalid if it violates any of the fundamental rights. Exception: If a law is enacted to give effect to directive principles under articles 39(c) and 39(d), the court cannot hold it unconstitutional even if it violates any of the fundamental rights. The courts cannot declare a law unconstitutional and invalid for violating any of the directive principles.
6 These aspire to promote the welfare of individuals by protecting their rights against the tyranny of the State. These aspire to achieve the ideal of welfare state.
SIGNIFICANCE OF DPSP
These principles aim to build a society where every person enjoys equal justice on social, political and economic aspects of life. Implementation of these principles will enable the State to achieve social and economic democracy.  These principles are used as the yardstick to evaluate the performance of the government. These principles provide a common goal to the government irrespective of the ideology of the party or the coalition of parties that is in power. They form the bedrock of foreign, environmental and economic policies of the State.
CRITICISMS TO DPSP
  1. They are not enforceable and justiciable. This renders them toothless.
  2. The directives aspire to create an ideal society which is not realistic.
  3. The directives are not based on a consistent philosophy. Modern and liberal principles are grouped with old and conservative principles.
  4. The constitution does not provide for a time limit to achieve these directives.
  5. The constitution does not provide for means to achieve these directives.
THE PRESIDENT The President  The President is the head of the State and he is the first citizen of India. Articles 52 to 62 under Part V deals with the powers, functions, election, impeachment and so on of the President of India. Qualification: To be eligible for election to the office of President, a person
  • Must be a citizen of India,
  • Must be over 35 years of age and
  • Must be eligible to become a member of Lok Sabha.
OFFICE OF PROFIT:  A person shall not be eligible for election as President if he holds an office of profit under the union government or the government of any state or a local authority or any other authority which is controlled by any of the said governments. However, the offices of the President, the Vice President, the Governor of states and the Ministers for the union or the states are not considered as offices of profit for election to President. That is, the persons serving in the mentioned offices are eligible. 
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