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DIRECTIVE PRINCIPLES OF STATE POLICY

Contents 1. Directive Principles of State Policy 2. Historic Evolution 3. Influences 4. Characteristics of DPSP’s 4.1. Ideals to be followed by the State 4.2. Limitation on arbitrary exercise of power 4.3. Non-Enforceable 4.4. Amplification of Preamble 4.5. Moral Obligation 5. Classification and Details of Directive Principles 5.1. Article 36 5.1.1. Text 5.2. Article 37 5.2.1. Text 5.2.2. Description 5.3. Article 38 5.3.1. Text 5.3.2. Description 5.4. Article 39 5.4.1. Text 5.4.2. Description 5.5. Article 39A 5.5.1. Text 5.5.2. Description 5.6. Article 40 5.6.1. Text 5.6.2. Description 5.7. Article 41 5.7.1. Text 5.7.2. Description 5.8. Article 42 5.8.1. Text 5.9. Article 43 5.9.1. Text 5.9.2. Description 5.10. Article 43A 5.10.1. Text 5.10.2. Description 5.11. Article 43B 5.11.1. Text 5.11.2. Description 5.12. Article 44 5.12.1. Text 5.12.2. Description 5.12.3. Constitutional Provisions in support of Uniform Civil Code 5.12.4. Debate Around Uniform Civil Code 5.12.5. Recent Supreme Court judgments 5.12.6. Benefits of Uniform Civil Code 5.12.7. Challenges in implementing Uniform Civil Code 5.13. Article 45 5.13.1. Text 5.13.2. Description 5.14. Article 46 5.14.1. Text 5.14.2. Description 5.15. Article 47 5.15.1. Text 5.15.2. Description 5.16. Article 48 5.16.1. Text 5.17. Article 48A 5.17.1. Text 5.17.2. Description 5.18. Article 49 5.18.1. Text 5.18.2. Description 5.19. Article 50 5.19.1. Text 5.19.2. Description 5.20. Article 51 5.20.1. Text 5.20.2. Description 6. Relation with Fundamental Rights 7. Difference between Directive Principles of State Policy and Fundamental Rights 8. Implementation of Directive Principles of State Policy 9. Directives and Constitutional Amendments 10. Reasons behind Directive Principles being made non- justiciable and legally non-enforceable 11. Criticism of DPSP’s 12. Significance of DPSP’s 13. UPSC Previous Years Mains Questions 14. GS Mains Test Series Questions 1. How can Directive Principles be seen as both complementary and supplementary to Fundamental Rights?Answer:2. “The Directive Principles of State Policy are socialistic in their direction and content."Answer:3. “The sanction behind Directive Principles of State Policy is in fact political”. Explain. How has the issue of priority in case of conflict between the provisions of Part III and IV of the Constitution evolved over the years?Answer:4. Discus how Directive Principle of State Policy have shaped the policy making process in India. Do you think it has been successful in achieving its objective. Analyse.Answer:Gandhian Principles International Principles 5. Directive Principles can be considered as even more important than the Fundamental Rights because they provide a positive thrust towards welfare. Examine.Answer:6. Directive Principles of State Policy, though not legally enforceable in a court of law, are perceived as 'conscience of the Constitution’ and are fundamental to governance of the country. Comment.Answer:1. Introduction 2. President 2.1. Qualification 2.2. Conditions of the President’s Office 2.3. Term of Office 2.4. Election Procedure 2.4.1. Electoral College 2.4.2. Manner of Election 2.4.3. Issues related to the Election 2.4.4. Critical Analysis 2.5. Vacancy in the Office of President 2.6. Powers and Functions of the President 2.6.1. Executive Powers Powers of the President with respect to Administration of Scheduled/Tribal Areas Extent of Executive Power of the Union Powers with respect to allocation and transaction of business 2.6.2. Legislative Powers 2.6.3. Emergency Powers National Emergency (Art. 352)State Emergency or President’s Rule (Arts. 356 and 365)Financial Emergency 2.6.4. Financial Powers 2.6.5. Diplomatic Powers 2.6.6. Military Powers 2.6.7. Judicial Powers 2.6.8. Pardoning Powers Scope of Judicial Review Comparison with Pardoning Powers of the Governor 2.6.9. Veto Power Absolute Veto Suspensive Veto Pocket Veto 2.6.10. Ordinance-Making Power DC Wadhwa vs. State of Bihar, 1987 Scope of Judicial Review 2.7. Constitutional Position of the President 2.7.1. Forty-second Amendment of the Constitution, 1976 2.7.2. Forty-fourth Amendment of the Constitution, 1978 2.7.3. Situational Discretion available to the President Conclusion 2.8. Impeachment of the President 2.8.1. Explanation 2.9. List of Presidents of India Prelims questions Ans: (b)Ans: (a)Ans: (b)Ans: (a)Ans: (c)Ans: (a)2009 Ans: (b)2003 Ans: (c)Ans: (b)Ans: (b)3.2. Qualifications 3.3. Election 3.4. Term of Office 3.5. Vacancy in Office 3.6. Powers and Functions 3.7. Removal of Vice President 3.8. Comparison with the USA Vice President Prelims Questions 2013 Ans: (b)Ans: (b) Vice-Presidents of India:Ans: (d)4.1. Appointment of the Prime Minister 4.2. Term of the Prime Minister 4.3. Powers and Functions of the Prime Minister 4.3.1. In Relation to the Council of Ministers 4.3.2. In Relation to the President 4.3.3. In Relation to Parliament 4.3.4. Other Powers and Functions 4.4. Prime Minister as member of the Rajya Sabha 4.5. Prime Ministerial Form of Government 4.6. Impact of Coalition Politics on the office of PM Prelims Questions 2019 Ans: (a)Ans: (d)2012 Ans: (a)Ans: (a)Ans: (a)Ans: (c)5.1. Appointment and Tenure of the Council of Ministers Article 74 5.2. Composition of the Council of Ministers 5.3. Functions of the Council of Ministers 6. Cabinet 6.1. Functions of the Cabinet 6.2. Cabinet Committees 1. Cabinet Committee on Investment and Growth 2. Cabinet Committee on Employment and Skill Development 6.3. Features of Cabinet Committees 6.4. Principles on which the Cabinet system of Government functions 6.4.1. Principle of Collective Responsibility 6.4.2. Individual Responsibility of Ministers 6.4.3. Role of the Prime Minister 7. Attorney General 7.1. Duties of Attorney-General 7.2. Rights and Limitations Prelims Questions 2013 Ans: (c)9. Previous Years’ Questions 1. While in theory, the Cabinet is dependent upon Parliament, in practice it is the master of Parliament. Comment.Answer:2. Distinguish between ordinance making powers of President and Governor. Should the power to promulgate ordinance, which is a legacy of colonial rule, have any place in the constitution of a modern democratic India?Answer:3. “Prime Minister represents the executive government in a way that no single member of the Council of Ministers (CoM) or even the entire CoM can.” Discuss.Answer:4. Empowered Group of Ministers lead to early and effective decision-making on particular issues. Critically analyse.Answer:5. “The ordinance-making power of the executive needs to be suitably restrained, to create a balance of power between the executive and the legislature and to check the misuse of the same”. Do you agree? Justify your stand with examples.2015-614 Answer:6. It is the Parliamentary system, with its basis on constant accountability, accommodation and inclusion, which can best serve the needs of the country. Examine, keeping in mind the arguments that are periodically put forward for adopting the Presidential system in India.Answer:

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