Number of questions- Mains: 02, Prelims – 10
Mains Questions of the day-
Q. Explain about the classification of Directive Principles of State Policy.
Answer Framework:
Introduction:
Explain briefly about the Directive Principle of State Policy.
Body:
Write about the various provisions associated to the DPSP in the Constitution and their classification based on their content and directions.
Conclusion:
Even though they are not enforceable like Fundamental Rights, they act as guiding principles in the administration of the State.
They are fundamental and necessary for political Governance and to promote the well-being of the people.
Content:
Classification of the DPSP based on their content and directions
- Socialistic principles: –
Mention some of those articles which comes under the Socialistic principles (A38, A39, A41, A42, A47…etc.)
- Liberal intellectual:
Mention some of those articles which come under the Liberal Intellectual principles (A44, A48, A49, A50…etc.)
- Gandhian principles:
Mention some of those articles which come under the Liberal Gandhian principles (A43, A46, A47, A48…etc.)
Q. Analyze the effectiveness of implementation of the Directive Principles of State Policy and suggest ways to improve it.
Answer Framework: –
Introduction: –
write briefly about the Directive Principle of State Policy and its importance in the Constitution.
Body: –
- The present status of DPSP and its importance in the constitution
- Explain about the recent laws passed by the Parliament for implementation to those provisions.
Conclusion: –
- The Constitution of India aims to establish not only political democracy but also socio-economic justice to the people.
- The political maturity, political willingness, timely judicial interpretation are some of the requirements for the implementation of DPSP.
Content: –
Implementation of DPSP: Associated Acts and Amendments: –
Panchayat Raj System:
- Through 73rd Constitutional Amendment Act, 1992, government fulfilled constitutional obligation stated in Article 40.
- Three tier ‘Panchayati Raj System’ was introduced at the Village, Block and District level in almost all parts of the country.
Cottage Industries:
To promote cottage industries as per Article 43, the government has established several Boards such as Village Industries Board, Khadi and Village Industries Commission, All India Handicraft Board, Silk Board, Coir Board, etc., which provide essential help to cottage industries in finance and marketing.
Land Reforms:
Almost all the states have passed land reform laws to bring changes in the agrarian society and to improve the conditions of the rural masses.
These measures include:
- Abolition of intermediaries like zamindars, jagirdars, inamdars, etc.
- Tenancy reforms like security of tenure, fair rents, etc.
- Imposition of ceilings on land holdings
- Distribution of surplus land among the landless labourers
- Cooperative farming
Labour Reforms:
The following acts were enacted to protect the interests of the Labour section of the society.
- The Minimum Wages Act (1948), Code on Wages, 2020
- The Contract Labour Regulation and Abolition Act (1970)
- The Child Labour Prohibition and Regulation Act (1986)
- Renamed as the Child and Adolescent Labour Prohibition and Regulation Act, 1986 in 2016.
- The Bonded Labour System Abolition Act (1976)
- The Mines and Minerals (Development and Regulation) Act, 1957
- The Maternity Benefit Act (1961) and the Equal Remuneration Act (1976) have been made to protect the interests of women workers.
Education:
- Government has implemented provisions related to free and compulsory education as provided in Article 45.
- Introduced by the 86th Constitutional Amendment and subsequently passed the Rights to Education Act 2009, Elementary Education has been accepted as Fundamental Right of each child between the 6 to 14 years of age.
Rural Area Development:
Programmes such as the Community Development Programme (1952), Integrated Rural Development Programme (1978-79) and Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA-2006) were launched to raise the standard of living particularly in rural areas, as stated in the Article 47 of the Constitution.
Health:
Central Government sponsored schemes like Pradhan Mantri Gram Swasthya Yojana (PMGSY) and National Rural Health Mission (NRHM) are being implemented to fulfill the social sector responsibility of the Indian State.
Environment:
- The Wildlife (Protection) Act, 1972, the Forest (Conservation) Act, 1980 and the Environment (Protection) Act, 1986 have been enacted to safeguard the wildlife and the forests respectively.
- The Water and Air Pollution Control Acts have provided for the establishment of the Central Pollution Control Board.
Heritage Preservation:
The Ancient and Historical Monument and Archaeological Sites and Remains Act (1958) has been enacted to protect the monuments, places and objects of national importance.
Prelims Questions of the day-
1.Which of the following change the nature of punishment from original punishment to lesser punishment by looking at the special circumstances of the convict?
- Pardon
- Commutation
- Remission
- Respite
Answer:-D
Explanation: –
Pardoning power of the President under Article 72
- Pardon with the grant of pardon convicts both conviction and sentence completely absolved
- Commutation with this nature of the punishment of the convict can be changed
- Remission reduces the term of the imprisonment
- Respite awards lesser punishment than original punishment by looking at the special condition of a convict
- Reprieve stays the execution of the awarded sentence for a temporary period
2.Which of the following is not come under the Financial Committees of the Parliament?
- Public Accounts Committee
- Estimates Committee
- Committee on Public Undertakings
- Departmental Standing committee
Answer: -D
Explanation: –
There are three categories of Financial Committees:
- Public Accounts Committee – It examins the annual reports of the Government and scrutinizes the reports of Comptroller and Auditor General laid in the parliament by the President.
- Estimates Committee – It examines the estimates of the expenditure proposed by the government in the budget and suggests ‘economies’ in public expenditure.
- Committee on Public Undertakings- It examines the reports and accounts of public undertakings.
3. Bicameralism can exist in which of the following systems of governance?
A. Federal System
B. Parliamentary System
C. Unitary Government
D. All of the above
Answer: D
Explanation: Bicameralism is the practice of having two legislative or parliamentary chambers.
4. With regard to the Money Bill, the President of India doesn’t have which of the following powers?
- Ratify the bill
- Reject the bill
- Return the bill
- None of the above
Answer: -C
Explanation: –
- Money Bill is defined in Article 110 of the Indian Constitution.
- Money bills are concerned with financial matters like taxation, public expenditure, etc.
- President can return and reject the bill but cannot return the bill.
5. Which of the following veto power is not available to the Indian President?
- Absolute Veto
- Suspensive Veto
- Pocket Veto
- Qualified Veto
Answer:-D
Explanation: –
The power of Veto is basically the power of the executive (through President) to override any act of the legislature. The veto powers can be classified into four categories-
1.Absolute Veto: The President can withhold assent to a Bill passed by the legislature.
2.Qualified Veto: President can withhold the assent but it can be overridden by the legislature with a higher majority.
3.Suspensive Veto: In this, the presidential assent can be overridden by the legislature with an ordinary majority.
4.Pocket Veto: This applies when the President decides not to take any action on the Bill passed by the legislature.
Veto powers available to President of India: The President of India has Suspensive Veto, Pocket Veto and Absolute Veto but does not have Qualified Veto (unlike USA President).
6. Under which rights, the Right to Constitutional Remedies come under?
A. Fundamental rights
B. Constitutional rights
C. Legal rights
D. A right based on the directions issued by the executive
Answer: A
Explanation: The Right to constitutional remedies is a fundamental right.
The Courts can issue writs to enforce this right when any of the fundamental rights are violated.
7.The Constitution describes which of the following as fundamental in the governance of the country?
A. Preamble
B. Directive Principles of State Policy
C. Fundamental Rights
D. Fundamental Duties
Answer: B
Explanation: The Constitution (Article 37) itself says that these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
Options (A) can be eliminated as it contains largely values to be achieved.
Option (D) is more about the code of conduct expected of a citizen.
8.What do you understand by the statement, “The Directive principles of State Policy (DPSP) in the constitution are non-justiciable in nature”?
A. The courts cannot recognize the DPSP in their judgments.
B. DPSP cannot be enforced by law.
C. They are not enforceable by the courts for their violation.
D. All of above.
Answer: C
Explanation:
Option (A): They do recognize. For e.g. certain laws that violate
Article 14 of the constitution can be declared legitimate if they fulfil DPSP under parts of Article 39.
In the Minerva Mills case (1980), the Supreme Court held that ‘the Indian
Constitution is founded on the bedrock of the balance between the Fundamental
Rights and the Directive Principles’.
Option (B): DPSP like organizing village panchayats, cheap legal remedies for the poor have already been implemented by law.
Option (C): For e.g. if adequate steps are not taken to stop circulation of in toxicants like liquors (a DPSP), the courts cannot dictate the government to do so.
9.Consider the following statements about the Directive Principles of State Policy (DPSP).
1. The inheritance of DPSP in the Indian constitution is British colonial legacy.
2. Legislations or rules are always required for implementing DPSP.
Which of the above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. None
Answer: C
Explanation:
DPSPs were inherited from the British Instrument of instructions given to the governors and governor-generals under the Government of India Act 1935.
DPSP are not self-enforceable. It requires the Parliament to make laws to implement them.
10. The right to form co-operative societies comes under which of the following articles of the Constitution?
A. Directive Principle of State Policy
B. Fundamental Right under Article 19 of the Constitution
C. Legal Right
D. A fundamental duty under Part IVA of the constitution
Answer: B
Explanation:
The 97th constitutional amendment act gave a constitutional status and protection to cooperative societies and made the following changes in the constitution:
- It made the right to form co-operative societies a fundamental right (Article19).
- It included a new Directive Principle of State Policy on promotion of cooperative societies (Article 43-B).
- It added a new Part IX-B in the Constitution which is entitled “The Cooperative Societies”.