difference between cabinet and council of ministers upsc
Article 74 of the Indian constitution
As per Article 74 of the Constitution, there shall be a council of ministers with the Prime Minister as the head to aid and advise the President, who shall in the exercise of his functions, act in accordance with the advice of the council of ministers.
That means there shall be a council of ministers.
The President accepts the advice of the council of ministers.
The council of ministers consists of three categories of ministers, namely, cabinet ministers, ministers of state, and deputy ministers.
While the cabinet ministers are involved in policy decision making, the other two categories have mere administrative responsibilities.
The difference between them lies in their respective ranks, emoluments and political importance.
At the top stands the Prime minister, the supreme governing authority of the country.
Appointment of the Council of Ministers
Under Article 75th of the Constitution, the Prime Minister is appointed by the President and the Prime Minister is appointed by the President and the other ministers are appointed by the President on the advice of the Prime Minister.
The ministers hold office during the pleasure of the President.
While the ministers are also appointed by the President and are said to hold office during the pleasure of the President as per the Constitution.
In actual practice, the ministers are selected by the Prime Minister and the President cannot appoint anyone not recommended by the Prime Minister.
Collective Responsibility of Council of ministers
The Constitution of India provides that the Ministers are collectively and individually responsible to the Lok Sabha.
The collective responsibility of the council of ministers means that the entire council of ministers is jointly responsible to the Lok Sabha for all the acts of the government.
It also means that the ministers must not speak in public in different voices.
All the ministers of the government are expected to be unanimous in support of policies on all public occasions and issues.
Kitchen Cabinet
A Kitchen Cabinet is a still smaller body or a cabinet within a cabinet. It is an informal body and the real centre of power. Every Prime Minister in India had a Kitchen Cabinet or Inner Cabinet.
A circle within a circle. It helps the Prime Minister in maintaining secrecy in making decisions on important political issues.
Kitchen cabinet in constitution
The kitchen cabinet does not have any constitutional status. This acts as an extra-constitutional body that takes decisions and improves the efficiency of the council of ministers.
The Constitution provides for a collegiate executive, that is, the Council of Ministers under the leadership of the Prime Minister. It initiates, decides, and implements major policies based on the Constitution and laws.
🔵 Important Organs of Union Government
The Union Legislature (Parliament)
The Union Executive
Articles 52 to 78 in Part V deal with the Union Executive.
🔵 Key Highlights from Article 75
👤 Prime Minister appointed by the President.
🤝 Council of Ministers collectively responsible to Lok Sabha.
📝 Ministers hold office during President’s pleasure.
📜 Oaths administered by President (Third Schedule).
📅 Ministers must be members of Parliament within 6 months.
💰 Salaries determined by Parliament.
🔵 Nature of Indian Executive
India adopted the British Parliamentary Executive Model where the Prime Minister is the head of government and “primus inter pares” (first among equals) within the Council of Ministers.
🏛️ Appointment of the Prime Minister
👉 No direct election for Prime Minister.
👉 President appoints the leader of the majority party/coalition in Lok Sabha.
👉 If no clear majority, the President chooses the most likely candidate.
👉 No fixed tenure – serves as long as majority support exists.
⚡ Functions and Position of Prime Minister
Prepares the list of ministers and advises President on appointments.
Allocates portfolios among ministers.
Has discretionary power to designate Deputy Prime Ministers.
Can reshuffle or reorganize ministries and departments.
Heads the Cabinet, presides over meetings.
Link between President and Ministers; and Parliament and Ministers.
Spokesperson of the government in foreign affairs.
Death/resignation of PM = automatic end of the Council of Ministers.
🏢 Prime Minister’s Office (PMO)
PMO = Secretarial and advisory body assisting the Prime Minister.
➡️ Set up in 1947.
➡️ Headed by the Prime Minister (politically) and the Principal Secretary (administratively).
➡️ Extra-constitutional body with department status under Govt of India.
✅ Functions of PMO
Helps the Prime Minister in coordinating with ministries and state governments.
Assists as Chairman of Niti Aayog, National Development Council.
Handles public relations, media communications.
Processes cases for PM’s orders under business rules.
Maintains relations with the President, Governors, and foreign dignitaries.
Acts as the Prime Minister’s think tank.
Note: Cabinet matters are handled separately by the Cabinet Secretariat, though it works under the PM’s direction.
For full details, please read the below.
This is the TNPSC notes for polity for the topic: Prime Minister
The Constitution provides for a collegiate executive, that is, the Council of Ministers under the chairmanship of the Prime Minister.
The Council of Ministers is a body of persons having the authority to initiate major policies, make decisions and implement them on the basis of the Constitution and laws of the country.
There are two important organs of the Union Government:
The Union Legislature or the Union Parliament
The Union Executive
“Articles 52 to 78 in Part V of the Indian Constitution deal with the Union Executive”.
Article 75
(1)The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister (2) The Minister shall hold office during the pleasure of the President (3) The Council of Ministers shall be collectively responsible to the House of the People (4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule (5) A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister (6) The salaries and allowances of Ministers shall be such as Parliament may from time to time by law determine and, until Parliament so determines, shall be as specified in the Second Schedule The Attorney General for India
India has adopted the British Parliamentary executive mode with the Prime Minister as the Head of the Government.
The Prime Minister is the most important political institution. But in the council of ministers (cabinet), the prime minister is primus inter pares (first among equals).
Appointment of Prime Minister
The Constitution does not contain any specific procedure for the selection and appointment of the Prime Minister. There is no direct election to the post of Prime Minister.
According to Article 75, the Prime Minister shall be appointed by the President. The appointment is not by the choice of the President.
The President appoints the leader of the majority party or the coalition of the parties that commands a majority in the Lok Sabha as the Prime minister. In case no single party gets a majority, the President appoints the person most likely to secure majority support.
The Prime Minister does not have a fixed tenure.He/she continues in power so long as he/she remains the leader of the majority party or coalition.
Functions and Position of the Prime Minister
The first and foremost function of the Prime Minister is to prepare the list of his ministers. Then He/She meets the President with this list of his minister.
After that, the Council of Ministers is formed. Very important ministers are designated as Ministers of the Cabinet rank, others are called Ministers of State.
While Ministers belong to a third rank area known as Deputy Ministers. It is one of the Discretionary powers of the Prime Minister to designate a minister as Deputy Prime Minister.
The President allocates portfolios among the ministers on the advice of the Prime Minister. The Prime Minister may keep any department or department under his control. The Prime Minister may also advise the President to reshuffle the portfolios of his ministers from time to time.
He may bifurcate or trifurcate a department or have different departments amalgamated into one department. The Prime Minister’s re Eminent Positions due to these points:
He/She is the leader of the party that enjoys a majority in the popular House of Parliament (Lok Sabha).
Has the power to select other ministers and also advise the President to dismiss any of them individually or require any of them to resign.
The allocation of business amongst the Ministers is a function of the Prime Minister.
He/ She can transfer a minister from one Department to another.
The prime minister is the Chairman of the cabinet, summons its meetings and presides over them. The Prime Minister is also the Chairman of many bodies like the Inter-State Council, the Nuclear Command Authority and many more.
While the resignation of a minister merely creates a vacancy, the resignation or death of the Prime Minister means the end of the Council of Ministers.
The Prime Minister is the sole channel of communication between the President and the Ministers and between the Parliament and his Ministers.
The Prime Minister is the Chief spokesperson of the government in foreign affairs.
Prime Minister’s Office
The Prime Minister is the head of the government and the real executive authority.
The prime minister plays a vital role in the politico-administrative realm of our country.
To fulfil the responsibilities, the Prime Minister is assisted by the Prime Minister’s Office (PMO).
The Prime Minister’s Office is an agency meant to provide secretarial assistance and advice to the Prime Minister.
The Prime Minister’s office is an extra-constitutional body which plays an important role in the top-level decision-making process of the Government of India.
The Prime Minister’s Office has the status of a department of the Government of India.
The Prime Minister’s Office came into existence in 1947.
Till 1977, it was called the Prime Minister’s Office, which was headed politically by the Prime Minister and administratively by the Principal Secretary.
The Prime Minister’s Office Performs Several Functions
Assists the prime minister in his overall responsibilities as head of the government, in maintaining communication with the central ministries/departments and the state government.
Help the prime minister in his responsibilities as chairman of the Niti Aayog and the National Development Council.
Looks after the public relations of the prime minister, like contact with the press and the general public.
Deals with all references, which under the Rules of Business have to come to the Prime Minister.
Provides assistance to the Prime Minister in the examination of cases submitted to him for orders under prescribed rules.
Maintains harmonious relationships with the President, Governors and Foreign representatives in the country.
Acts as the think tank of the Prime Minister. It deals with all such subjects that are not allotted to any department/ ministry.
It is not concerned with the responsibility of the Prime Minister as the Chairman of the Union Cabinet.
The Cabinet’s cases area is directly dealt with by the Cabinet Secretariat, which also functions under the direction of the Prime Minister.
🌟 Conclusion
The Prime Minister is the real executive authority of India, guiding the government’s actions domestically and internationally, maintaining unity among ministers, and representing the voice of the nation across the world.
The election process for the Vice President of India is outlined in the Constitution of India (Article 66). Here are the key aspects of the election process:
Eligibility:
To be eligible for the office of the Vice President, a candidate must be a citizen of India.
The candidate must have completed at least 35 years of age.
Other qualifications are similar to those required for a member of the Rajya Sabha (Council of States).
Nominations:
The election is conducted by an electoral college consisting of members of both Houses of Parliament (Lok Sabha and Rajya Sabha).
Candidates need to be nominated by at least 20 electors as proposers and at least 20 electors as seconders.
Scrutiny of Nominations:
The nominations are scrutinized by the Returning Officer, who is appointed by the Election Commission of India.
The Returning Officer examines the nominations to ensure they meet the eligibility criteria.
Withdrawal of Nominations:
Candidates have the option to withdraw their nominations before a specified date.
If only one candidate is remaining after the withdrawal, that candidate is declared elected without a contest.
Voting:
Members of the electoral college, which includes elected and nominated members of both Houses of Parliament, cast their votes.
Each member’s vote is weighted based on the population of the state or union territory they represent.
Election Method:
The election is conducted through a single transferable vote system.
Members rank the candidates in order of preference.
Quota and Distribution of Votes:
To win, a candidate must secure a certain quota of votes calculated based on the total number of valid votes cast and the number of candidates.
If no candidate achieves the required quota in the first round, the candidate with the least number of votes is eliminated, and their votes are transferred to the second preference.
Declaration of Result:
The candidate who attains the required quota of votes is declared elected as the Vice President of India.
The Vice President of India serves a term of five years and is eligible for re-election. This election process ensures representation from across the country and reflects the federal nature of India’s political system.
Vice President of India Qualification and Eligibility
The qualifications and eligibility criteria for the office of the Vice President of India are specified in the Constitution of India, particularly in Article 66. Here are the key points regarding the qualifications and eligibility for the Vice President:
Citizenship:
The candidate must be a citizen of India.
Age:
The candidate must have completed at least 35 years of age.
Qualifications for Membership of Rajya Sabha:
The Vice President is the ex-officio Chairman of the Rajya Sabha (Council of States).
Therefore, the candidate must qualify for membership of the Rajya Sabha.
The qualifications for Rajya Sabha membership include being a citizen of India, not less than 30 years of age, and possessing other qualifications as prescribed by Parliament.
Disqualifications:
A person cannot be a candidate for the office of the Vice President if they are disqualified for being chosen as, or for being, a member of either House of Parliament under the provisions of the Tenth Schedule (Anti-Defection Law).
It’s important to note that the Vice President is elected by an electoral college consisting of members of both Houses of Parliament. The electoral college includes elected and nominated members of Lok Sabha (House of the People) and Rajya Sabha.
The Vice President serves a term of five years and is eligible for re-election. The qualifications and eligibility criteria ensure that the Vice President is an individual who meets certain basic requirements and is capable of representing the country in the capacity of the ex-officio Chairman of the Rajya Sabha.
Term of office
The term of office for the Vice President of India is five years. The Vice President is elected by an electoral college consisting of members of both Houses of Parliament, including elected and nominated members of the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The Vice President can be re-elected for additional terms if they choose to contest again and win the election.
It’s worth noting that the Vice President’s role includes serving as the ex-officio Chairman of the Rajya Sabha, one of the two houses of the Indian Parliament. The Vice President’s term aligns with the duration of each session of Parliament, and the election for the Vice President usually takes place a few months before the expiry of the term to ensure a smooth transition and continuity in the functioning of the office.
Removal and impeachment process
The Constitution of India provides provisions for the removal and impeachment of the Vice President. The removal process is outlined in Article 67, and it is distinct from the process for the removal of the President. Here are the key points regarding the removal and impeachment process of the Vice President of India:
Resolution for Removal:
A resolution for the removal of the Vice President can be initiated in either House of Parliament (Lok Sabha or Rajya Sabha).
The resolution must be supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting.
Joint Sitting of Both Houses:
If the resolution is adopted by one House, it is then sent to the other House.
If the second House also passes the resolution with a similar majority, the Vice President can be removed.
Impeachment Proceedings:
The process is often referred to as impeachment, although the term “impeachment” is not explicitly used in the Indian Constitution in the context of the Vice President.
The process is similar to the impeachment of the President but distinct from it.
Grounds for Removal:
The Vice President can be removed from office on grounds of violation of the Constitution or gross misconduct.
Unlike the President, there is no provision for the Vice President to be removed on the ground of violation of the Constitution by the process of impeachment.
Role of the President:
The President does not have a direct role in the removal process of the Vice President.
The President does not have the power to suspend the Vice President during the impeachment process.
It’s important to note that the removal process for the Vice President is a serious constitutional matter and is intended to address situations where there are substantial grounds for removal based on constitutional violations or gross misconduct. The process is designed to ensure a careful and thorough examination of the charges against the Vice President.
Constitutional Role
Constitution Provisions
The constitutional provisions related to the Vice President of India are primarily outlined in Part V (The Union) of the Constitution of India. The relevant articles that specify the role, powers, and responsibilities of the Vice President include:
Article 63: The Vice President of India:
This article establishes the office of the Vice President of India.
It states that there shall be a Vice President of India who shall be elected by the members of an electoral college consisting of members of both Houses of Parliament.
Article 64: The Vice President to be ex-officio Chairman of the Council of States:
This article designates the Vice President as the ex-officio Chairman of the Rajya Sabha (Council of States).
It outlines the duties of the Vice President in the functioning of the Rajya Sabha.
Article 65: The Vice President to act as President or to discharge his functions during casual vacancies in the office, or the absence, of the President:
This article stipulates that in the event of a vacancy in the office of the President or during the President’s absence, the Vice President shall act as the President.
Article 66: Election of Vice President:
This article details the method of election of the Vice President.
It specifies the composition of the electoral college and the procedure for the election.
Article 67: Term of office of Vice President:
Article 67 defines the term of office of the Vice President, stating that the Vice President holds office for a term of five years.
Article 68: Time of holding election to fill a vacancy in the office of Vice President and the term of office of the person elected to fill the casual vacancy:
This article provides details about the timing of elections to fill a vacancy in the office of the Vice President and the term of office for a person elected to fill a casual vacancy.
Article 69: Oath or affirmation by the Vice President:
Article 69 outlines the oath or affirmation that the Vice President is required to take before entering the office.
Article 70: Discharge of President’s functions in other contingencies:
This article specifies the circumstances under which the Vice President can discharge the functions of the President in cases other than a vacancy or absence.
These constitutional provisions collectively define the role, election process, powers, and responsibilities of the Vice President of India within the constitutional framework of the country.
Powers and Functions
The Vice President of India has several powers and functions, and these are outlined in the Constitution of India. The primary role of the Vice President is to serve as the ex-officio Chairman of the Rajya Sabha (Council of States). Here are the key powers and functions of the Vice President:
Chairman of the Rajya Sabha:
The Vice President is the ex-officio Chairman of the Rajya Sabha, the upper house of the Indian Parliament.
As Chairman, the Vice President presides over the sessions of the Rajya Sabha, maintaining order and decorum.
Casting Vote:
In the case of a tie during voting in the Rajya Sabha, the Vice President has the casting vote. This means that the Vice President can cast an additional vote to break the tie.
Presiding over Joint Sessions:
The Vice President presides over joint sessions of both Houses of Parliament when they are convened by the President to address certain matters, such as the President’s address or a joint sitting to resolve a deadlock between the two Houses.
Appointment of Deputy Chairman:
The Vice President appoints a Deputy Chairman of the Rajya Sabha from amongst its members. The Deputy Chairman presides over the sessions in the absence of the Vice President.
Committee on the Functioning of the Rajya Sabha:
The Vice President is empowered to appoint a committee to review the functioning of the Rajya Sabha and suggest improvements.
Role in the President’s Absence:
In the absence of the President, the Vice President discharges the functions of the President. However, the Vice President cannot perform the executive functions of the President.
Role in the Event of a Casual Vacancy:
In the event of a vacancy in the office of the President or when the President is unable to discharge their functions due to illness or any other reason, the Vice President acts as the President.
Oath or Affirmation:
The Vice President takes an oath or affirmation before entering upon the office, as specified in Article 69 of the Constitution.
It’s important to note that the Vice President’s powers are primarily associated with the functioning of the Rajya Sabha and certain constitutional roles in the absence or temporary incapacity of the President. Unlike the President, the Vice President does not have significant executive powers.
Relationship with the President
The Vice President of India and the President have distinct roles and powers as outlined in the Constitution of India. While both positions are integral to the functioning of the government, their responsibilities are separate, and the Vice President’s role is more closely tied to the legislative branch. Here’s an overview of the relationship between the Vice President and the President of India:
Succession to the Presidency:
In the event of a vacancy in the office of the President due to resignation, death, or removal, the Vice President assumes the role of the President until a new President is elected.
The Vice President, however, does not exercise the executive powers of the President while performing these duties and cannot take certain actions without the President’s concurrence.
Presiding Officer of the Rajya Sabha:
The Vice President serves as the ex-officio Chairman of the Rajya Sabha, the upper house of the Parliament of India.
While the President represents the ceremonial and executive head of the country, the Vice President’s role in the Rajya Sabha is more focused on the legislative process.
Distinct Powers and Functions:
The President has significant executive powers, including the power to appoint the Prime Minister, dissolve the Lok Sabha (House of the People), and promulgate ordinances, among other executive functions.
The Vice President, on the other hand, has legislative functions, including presiding over the Rajya Sabha, casting votes in the case of ties, and participating in the legislative process.
Independent Offices:
The President and Vice President are independently elected. They are not running on a joint ticket and are elected by separate electoral colleges.
The Vice President is not a part of the President’s cabinet and does not have a direct role in the day-to-day executive administration.
Constitutional Independence:
Both offices derive their powers and functions directly from the Constitution of India. While the Vice President has certain constitutional responsibilities in the legislative sphere, the President has broader constitutional duties that include the exercise of executive powers.
In summary, the Vice President and the President of India have distinct constitutional roles, with the Vice President primarily serving as the ex-officio Chairman of the Rajya Sabha and as a constitutional successor to the President in certain circumstances. Their relationship is defined by the constitutional framework and the separation of powers between the executive and legislative branches of the government.
Role in the Absence of the President
The Vice President of India plays a crucial role in the absence of the President. In such situations, the Vice President is tasked with discharging the functions of the President. The relevant constitutional provisions outlining the Vice President’s role in the absence of the President are detailed in Article 65 of the Constitution of India. Here are the key aspects:
Acting as President during Temporary Absence:
When the President of India is temporarily unable to discharge their duties due to absence, illness, or any other cause, the Vice President is entrusted with acting as the President.
Discharging Executive Functions:
During the President’s temporary absence, the Vice President takes on the responsibilities of the President in terms of discharging executive functions.
However, it’s important to note that the Vice President does not assume the title of the President; they are simply performing the functions of the President.
Limited Scope of Powers:
While the Vice President takes on the executive functions of the President in the latter’s absence, there are certain powers that the Vice President cannot exercise without the concurrence of the President. This includes the power to pardon or commute a death sentence, the power to dissolve the Lok Sabha (House of the People), and the power to issue ordinances.
Temporary Nature of the Role:
The Vice President’s assumption of the President’s functions during the President’s absence is temporary and is designed to ensure the smooth functioning of the executive branch even in the President’s temporary incapacity.
No Automatic Succession in Case of a Permanent Vacancy:
It’s important to distinguish between the Vice President’s role during the temporary absence of the President and the Vice President’s role in case of a permanent vacancy in the office of the President. In the latter case, the Vice President becomes the President until a new President is elected.
The constitutional provisions ensure continuity and stability in the functioning of the executive branch by providing a designated individual, the Vice President, to step in and perform the necessary functions when the President is temporarily unable to do so.
Rajya Sabha Chairman
Ex-officio Chairman
The Vice President of India serves as the ex-officio Chairman of the Rajya Sabha (Council of States), which is the upper house of the Parliament of India. The role of the ex-officio Chairman involves presiding over the sessions of the Rajya Sabha and performing various functions related to the legislative process. Here are the key aspects of the Vice President’s role as the ex-officio Chairman:
Presiding over Sessions:
The ex-officio Chairman presides over the sittings of the Rajya Sabha. This involves maintaining order in the house, ensuring that parliamentary procedures are followed, and facilitating discussions and debates.
Casting Vote:
In the case of a tie during a vote in the Rajya Sabha, the ex-officio Chairman (Vice President) has the casting vote. This means that they can cast an additional vote to break the tie.
Appointment of Deputy Chairman:
The Vice President appoints a Deputy Chairman of the Rajya Sabha from amongst its members. The Deputy Chairman presides over the sessions in the absence of the ex-officio Chairman.
Committee on the Functioning of the Rajya Sabha:
The Vice President has the authority to appoint a committee to review the functioning of the Rajya Sabha and to suggest improvements.
Role in Legislation:
While the ex-officio Chairman doesn’t participate in the day-to-day legislative process as a regular member, they play a significant role in guiding discussions, deciding on points of order, and ensuring the smooth conduct of business in the Rajya Sabha.
Representation in Diplomatic Functions:
The Vice President, in their capacity as the ex-officio Chairman, may represent the Rajya Sabha and, by extension, India, in diplomatic and ceremonial functions.
It’s important to note that the ex-officio Chairman’s role in the Rajya Sabha is distinct from the Vice President’s role in the executive branch. The Vice President may also perform the functions of the President in certain circumstances, as outlined in the Constitution. However, when acting as the Chairman of the Rajya Sabha, the Vice President focuses on the legislative responsibilities associated with that position.
Role in the parliamentary system
The role of the Vice President of India in the parliamentary system is multifaceted and is primarily associated with the legislative branch. The Vice President serves as the ex-officio Chairman of the Rajya Sabha (Council of States), which is the upper house of the Parliament of India. Here are the key aspects of the Vice President’s role in the parliamentary system:
Presiding Over the Rajya Sabha:
The Vice President presides over the sessions of the Rajya Sabha as the ex-officio Chairman. This involves maintaining order during debates, deciding on points of order, and ensuring that parliamentary procedures are followed.
Casting Vote:
In the event of a tie during a vote in the Rajya Sabha, the Vice President, in their capacity as the ex-officio Chairman, has the casting vote. This means they can cast an additional vote to break the tie.
Guiding Legislative Proceedings:
The ex-officio Chairman plays a crucial role in guiding the legislative proceedings of the Rajya Sabha. They facilitate discussions, decide on procedural matters, and contribute to the efficient functioning of the house.
Committees and Special Powers:
The Vice President has the authority to appoint committees, such as the Committee on the Functioning of the Rajya Sabha, to review and suggest improvements in the functioning of the house.
Deputy Chairman Appointment:
The Vice President appoints a Deputy Chairman of the Rajya Sabha from amongst its members. The Deputy Chairman presides over the sessions in the absence of the ex-officio Chairman.
Representation in Diplomatic Functions:
The Vice President, in their capacity as the ex-officio Chairman, may represent the Rajya Sabha and, by extension, India, in diplomatic and ceremonial functions.
Role in Joint Sessions:
The Vice President presides over joint sessions of both Houses of Parliament when they are convened by the President to address certain matters, such as the President’s address or a joint sitting to resolve a deadlock between the two Houses.
It’s important to note that the Vice President’s role in the parliamentary system is distinct from the President’s role in the executive branch. While the Vice President may also perform the functions of the President during the latter’s temporary absence, the primary focus is on the legislative responsibilities associated with the position of the ex-officio Chairman of the Rajya Sabha.
Tie-breaking vote
The Vice President of India, in their capacity as the ex-officio Chairman of the Rajya Sabha (Council of States), holds a crucial role when it comes to voting in the event of a tie. The tie-breaking vote is one of the distinctive powers granted to the Chairman, who is the Vice President. Here’s how the tie-breaking vote works:
Casting Vote in Case of a Tie:
When a vote is taken on any matter in the Rajya Sabha, and the result is a tie, meaning an equal number of votes on both sides, the Chairman (Vice President) has the casting vote.
Use of the Casting Vote:
The casting vote allows the Chairman to cast an additional vote to break the tie and determine the outcome of the vote.
Importance in Decision-Making:
The casting vote is significant in situations where there is an even split among members on a particular issue. It ensures that a decision is reached and prevents a deadlock.
Exercise of Discretion:
The Chairman has the discretion to exercise the casting vote as they see fit. In most cases, the Chairman may choose to maintain the status quo or vote in a way that aligns with their views on the matter.
Implications for Legislation:
The use of the casting vote can have significant implications, especially in the context of legislation and policy decisions. It can determine whether a bill is passed or defeated.
Uncommon Occurrence:
While tie votes are relatively uncommon, they can happen, particularly on contentious issues where opinions are divided.
It’s worth noting that the casting vote is specific to the role of the Chairman in the Rajya Sabha and is not applicable to the Vice President’s role in the executive branch. The Vice President’s position as the ex-officio Chairman allows for a balanced and decisive role in parliamentary proceedings, contributing to the effective functioning of the legislative process in the Rajya Sabha.
Legislative Functions
The Vice President of India, in their capacity as the ex-officio Chairman of the Rajya Sabha (Council of States), has important legislative functions. These functions are centered around presiding over the sessions of the Rajya Sabha and ensuring the smooth conduct of legislative business. Here are the key legislative functions of the Vice President:
Presiding Over Sessions:
The primary legislative function of the Vice President is to preside over the sittings of the Rajya Sabha. As the ex-officio Chairman, they occupy the presiding officer’s chair and maintain order during debates and discussions.
Deciding on Points of Order:
The Chairman has the authority to decide on points of order raised by members. Points of order relate to the interpretation of parliamentary rules and procedures.
Facilitating Debates and Discussions:
The Chairman plays a crucial role in facilitating debates and discussions on various matters brought before the Rajya Sabha. They ensure that members have an opportunity to express their views and that parliamentary procedures are followed.
Casting Vote:
In the event of a tie during voting on any matter, the Chairman, who is the Vice President, has the casting vote. This allows them to break the tie and determine the outcome of the vote.
Appointing Committees:
The Vice President has the authority to appoint committees, such as the Committee on the Functioning of the Rajya Sabha, to review and suggest improvements in the functioning of the house.
Joint Sessions and Special Occasions:
The Chairman presides over joint sessions of both Houses of Parliament when they are convened by the President. This includes occasions such as the President’s address and joint sittings to resolve disagreements between the two Houses.
Dissolution of the Rajya Sabha:
The Vice President, as the ex-officio Chairman, does not have the power to dissolve the Rajya Sabha. Unlike the Lok Sabha, the Rajya Sabha is a permanent body, and one-third of its members retire every two years.
While the Vice President’s legislative functions are primarily associated with the Rajya Sabha, it’s important to note that the Vice President is not a member of either house and does not participate in the day-to-day legislative process as a regular member. The role is more focused on presiding over sessions, maintaining order, and ensuring the effective functioning of the Rajya Sabha.
Conclusion
In conclusion, the Vice President of India holds a significant and multifaceted role within the country’s constitutional framework. Serving as the ex-officio Chairman of the Rajya Sabha, the Vice President plays a pivotal role in the legislative process, presiding over sessions, ensuring the smooth conduct of debates, and exercising a casting vote in the event of a tie. The Vice President’s responsibilities extend beyond the legislative sphere, with the authority to appoint committees and represent the Rajya Sabha in diplomatic and ceremonial functions.
Additionally, in the absence of the President, the Vice President assumes the responsibilities of the President, performing executive functions on a temporary basis. The Vice President is an important constitutional officeholder, contributing to the checks and balances in the Indian political system. The eligibility criteria, election process, and term of office are defined by the Constitution, emphasizing the importance of experience, age, and citizenship for those aspiring to this position.
While the Vice President’s role is distinct from that of the President, the two offices are interconnected, ensuring continuity in leadership and the functioning of the government. The Vice President’s unique position as a constitutional successor to the President underscores the significance of this role in maintaining stability and efficiency in the highest echelons of Indian governance. Overall, the Vice President’s role reflects the careful design of the constitutional framework, balancing legislative and executive functions to contribute to the democratic governance of the nation.
Article 52 of our constitution lays down that there shall be a President of India.
Article 53 lays down that the executive power of the Union shall be vested in the President and shall be exercised by him directly or indirectly.
The President is the head of the Indian State.
The President is the First Citizen of India and acts as the symbol of Unity, Integrity, and Solidarity of the Nation.
Selection process for the President of India
President of India Qualification and Election
No person shall be eligible for election as President unless he is
citizen of India
has completed the age of 35 years
Is qualified for election as a member of the Lok Sabha
2. A person shall not be eligible for election as President if he holds any office of profit under the government of India, or the government of any state, or under any local or other authority subject to the control of any of the said governments.
3. Further Article 52 provides that the nomination of a candidate for election to the office of President must be subscribed by at least 50 electors as proposers and seconded by another 50 electors of the electoral college.
4. Every Candidate has to make a security deposit of Rs 15,000/- in the Reserve Bank of India.
5. This security deposit amount will be forfeited if the candidate does not secure 1/6 of the votes polled.
The President is not elected directly by people but by members of the Electoral College consisting of:
The elected members of the legislative assemblies of the Union Territories of Delhi and Pondicherry.
The President’s election is held with the system of Proportional representation by means of the single transferable vote and the voting is by secret ballot.
This system ensures that the successful candidate is returned by the absolute majority of votes
Electoral Quota = (Total number of valid votes polled in the election / Number of electors to be elected) + 1
Each member of the Electoral College is given only one ballot paper.
The voter, while casting a vote, is required to indicate his preference by marking 1,2,3,4 etc against the names of the candidates.
This means the voter can indicate as many preferences as there are candidates in the fray.
In the first phase, the first preference votes are counted.
In case a candidate secures the required quota in this phase, he is declared elected.
Otherwise, the process of transfer of votes is carried out.
The ballots of the candidate securing the least number of first preference votes are cancelled and his second preference votes are transferred to the first preference votes of the other candidates.
This process continues till a candidate secures the required quota.
Oath by the President
Before entering office, the President has to make and subscribe to an oath or affirmation. In the oath, the president swears:
To faithfully execute the office;
To preserve, protect and defend the constitution and the law; and
To devote himself to the service and well-being of the people of India.
The oath of office to the President of India is administered by the Chief Justice of India and in his absence in the presence of the senior-most judge of the Supreme Court.
Entitlement to the President of India
President is entitled without payment of rent, to the use of his official residence (The Rashtrapathi Bhavan). The President is entitled to such emoluments, allowances, and privileges as may be determined by the Parliament.
The President is entitled to several privileges and immunities. President enjoys immunity from legal liability for his official acts. During his term of office, he is immune from any criminal proceedings
Term of President
Article 56 says that the President shall hold office for a term of 5 years from the date on which he enters his office. However, he can resign from his office at any time by addressing the resignation letter to the Vice President.
Further, he can also be removed from office before the completion of his term by the process of impeachment. The President can hold office beyond his term of five years until his successor assumes charge.
He is also eligible for re-election to that office.
Succession
The President’s seat can be vacant in a variety of ways:
On the expiry of tenure of five years.
By his resignation
On his removal by impeachment
By his death
When he becomes disqualified to hold office or when his election is declared void.
If a vacancy occurs, then an election to fill the vacancy should be held within six months and the Vice President acts as the President until a new President is elected.
Further, if the sitting President is unable to discharge his functions due to absence, illness or any other cause, the Vice President discharges his functions until the President resumes his office.
In case the office of the Vice President is vacant, the Chief Justice of India or if his office is also vacant, the senior-most judge of the Supreme Court acts as the President or discharges the functions of the President.
Powers of President of India Upsc
The President has vast Power and Functions. The President convenes the Parliament, and addresses and prorogues the same. That means the President initiates the beginning of Parliament, and addresses and also postpones the parliament proceedings.
The President nominates 12 members of eminence in different fields to the Rajya Sabha and two Anglo-Indian members to the Lok Sabha. The President enjoys veto power over non-money bills of the Parliament and can send back non-money bills for reconsideration of the parliament.
The President can convene joint sessions of the Rajya Sabha and Lok Sabha. The President can promulgate ordinances for a period not exceeding six months. The President also has veto powers over certain State Legislations.
The President prompts and facilitates the institution of the Council of ministers headed by the prime minister, and ensures that the Council of Ministers enjoys the support of the Majority in the Lok Sabha. The President alone installs the ministers and distributes portfolios to them, he can also dismiss the ministry if he feels that the ministry does not enjoy majority support in the Lok Sabha.
Nominates various members to various constitutional bodies, including the Judiciary, armed forces, and diplomatic corps. The President enjoys enormous powers during the period of emergencies, can suspend any law, and can dissolve ministries and legislatures for specified periods.
The president can commute capital punishment. When a person i.e. Vice President, Chief Justice of India or Senior Most Judge is acting as President, he/she enjoys all the powers and immunities of the President as is entitled to such emoluments, allowances, and privileges as determined by the President.
The official residence of the President of India is “The Rashtrapathi Bhavan situated in Delhi“.
Impeachment of President in India
Article 61 of the constitution gives a detailed procedure for the impeachment of the President.
For the Impeachment of the President, first, an impeachment charge has to be made in either House of the Parliament by a resolution signed by at least one-fourth of the total number of members of the House and moved by giving at least 14 days advance notice.
Such a resolution must be passed by a majority of not less than two-thirds of the total number of members of the house when one House so presents a charge, it should be investigated by the other House.
After the investigation, if a resolution is passed by the other house by a majority of two-thirds of its total number of members, the President stands removed by impeachment from his office from the date of passing of the resolution.
Conclusion
This article is written for the topic “President Tnpsc”. This article describes the Importance, role, selection, powers, and function of the President of India. It is extremely useful for TNPSC, Upsc, and other government exams.
FAQ
1. Present president of India?
Droupadi Murmu is the present president of India, who is serving as the 15th president of India since 2022. Also, Droupadi Murmu is the second woman president after Pratibha Patil.
Also, the first person from the tribal community to hold the office.
The Directive Principles of State Policy (DPSP) play a crucial role in the UPSC exam. They are non-justiciable, meaning they are not directly enforceable by the courts. However, they are fundamental to understanding the Indian Constitution’s ideals and goals.
Dpsp taken from which country?
The concept of Directive Principles of State Policy (DPSP) was borrowed by the Indian Constitution from the Constitution of Ireland.
However, the idea itself originated from the Spanish Constitution, which was adopted in 1931. The Irish Constitution, adopted in 1937, incorporated this concept and further inspired its inclusion in the Indian Constitution, drafted in 1949. So, while India directly adopted the DPSPs from Ireland, the underlying inspiration comes from Spain.
Here’s how DPSP is important for UPSC:
1. Understanding the Indian Constitution:
DPSPs form Part IV of the Indian Constitution, providing a framework for achieving social and economic justice.
Understanding these principles helps you grasp the overall vision and philosophy enshrined in the Constitution.
2. Analyzing Public Policy:
DPSPs act as guiding principles for the government’s policies and legislation.
By understanding these principles, you can critically analyze various government policies and programs and assess their alignment with the Constitution’s goals.
3. Answering UPSC Questions:
DPSPs often form the basis of essay questions and case studies in the UPSC exam.
Having a strong understanding of these principles allows you to frame comprehensive and informed responses.
4. Linking DPSPs with other subjects:
DPSPs are interlinked with various subjects relevant to the UPSC exam, such as economics, sociology, and political science.
Understanding these connections helps you analyze issues comprehensively and formulate well-rounded arguments.
Here are some specific examples of DPSPs and their relevance to UPSC:
Article 45: Right to Education: This article forms the basis for analyzing government policies on education, such as the Sarva Shiksha Abhiyan and the Right to Education Act.
Article 41: Right to Work: This article helps understand government initiatives aimed at employment generation and poverty alleviation, such as the Mahatma Gandhi National Rural Employment Guarantee Act.
Article 48A: Protection of Environment: This article forms the foundation for examining government policies on environmental protection and conservation.
Right to Education
Resources for studying DPSPs:
Drishti IAS: Provides comprehensive materials and study guides on DPSPs, including articles, notes, and previous year’s questions.
Mrunal Patel: Offers video lectures and explanations on DPSPs in a clear and concise manner.
Indian Constitution by D.D. Basu: A comprehensive textbook that provides an in-depth analysis of DPSPs and their legal implications.
Additional Tips:
Focus on understanding the core principles and objectives behind DPSPs, not just memorizing the articles.
Practice applying DPSPs to real-world scenarios and contemporary issues.
Link DPSPs to other subjects relevant to the UPSC exam for a holistic understanding.
Significance of Dpsp (Directive Principles of State Policy)
The Directive Principles of State Policy (DPSP) are a set of non-justiciable principles enshrined in Part IV (Article 36 to 51) of the Indian Constitution. Though not legally enforceable, they serve as guiding principles for the state to strive toward achieving economic and social justice for its citizens.
Here’s why DPSPs are significant:
1. Aspirational Framework for Nation-building:
DPSPs provide a roadmap for the state to achieve socio-economic justice and establish India as a welfare state.
They outline the ideals and goals that the government should strive towards, encompassing various aspects like:
Social justice: Equality of opportunity, equal pay for equal work, elimination of untouchability, etc.
Economic justice: Reduction in income inequalities, promotion of cottage industries, fair wages, etc.
Political justice: Equal access to justice, free and fair elections, protection of minorities, etc.
Environmental justice: Protection and improvement of the environment, conservation of forests and wildlife.
2. Guiding Principles for Governance:
DPSPs serve as a valuable tool for the government to formulate policies and enact laws that are aligned with the aspirations of the people.
They act as a constant reminder to the government of its obligations towards its citizens.
3. Catalyst for Social Change:
While not directly enforceable, DPSPs can influence public opinion and create a moral pressure on the government to implement them.
They can inspire social movements and mobilize public support for reforms aimed at achieving social and economic justice.
4. Flexibility and Adaptability:
Unlike Fundamental Rights, which are rigid and legally binding, DPSPs are more flexible and adaptable to changing circumstances.
This allows the government to adjust its policies and priorities in response to new challenges and opportunities.
5. Link between Fundamental Rights and DPSP:
DPSPs provide a framework for the state to implement and realize the Fundamental Rights of its citizens.
They act as a bridge between individual rights and the collective good, ensuring that the pursuit of individual freedoms does not come at the expense of social justice and equality.
Here are some specific examples of the significance of DPSPs:
Right to Education: Article 45 of DPSPs directs the state to provide free and compulsory education for all children up to 14. This has led to the implementation of various educational programs like the Sarva Shiksha Abhiyan, which has significantly improved literacy rates in India.
Right to Work: Article 41 of DPSPs directs the state to provide work for all citizens. This has led to implementing various employment schemes like the Mahatma Gandhi National Rural Employment Guarantee Act, which guarantees 100 days of work per year to rural households.
Protection of Environment: Article 48A of DPSPs directs the state to protect and improve the environment and safeguard the forests and wildlife of the country. This has led to the implementation of various environmental protection laws and regulations, which have helped to conserve India’s natural resources.
Limitation of DPSP
The main limitation of DPSP is the state is not legally bound to implement it as it is not a law that could be enforced by the state. However, it is a set of principles that a state must follow as a part of its moral duty.
The essence of the directive principles of state policy
DPSP is contained in Part IV of the Indian constitution. But the fact is, it cannot be claimed as a matter of right nor it can be enforced by a court of law.
But its main essence is its principles that could be taken as a moral for governing the country.
Features Directive Principles of State Policy (DPSP)
Directive principles of state policy are like directives to the governments to implement them for establishing social and economic justice in India.
It comprises provisions for equal pay for both men and women,
Free and compulsory primary education,
Right to work etc.
Part IV of the Indian constitution also has provision for public assistance in case of old age, unemployment, sickness, and disablement, the organization of village Penchants,
Adequate means to livelihood,
Special privilege to the economically backward sections of the people and the distribution of wealth.
Most of these principles could help in making India a welfare state.
These principles were non-judicial.
Dpsp list
Here is the list of the Directive Principles of State Policy (DPSP) as per the Indian Constitution along with their significance for UPSC:
1. Social Justice
Article 38: State to secure a social order for the promotion of social welfare. Significance for UPSC: This can be linked to various government policies on welfare, poverty alleviation, and social security.
Article 39: Certain principles of policy to be followed by the State. Significance for UPSC: This can be linked to policies on equal pay for equal work, abolition of untouchability, and promotion of social justice.
Article 40: Organization of village panchayats. Significance for UPSC: This can be linked to policies on decentralization, rural development, and empowerment.
Article 41: Right to work, to education and to public assistance in certain cases. Significance for UPSC: This can be linked to policies on employment generation, education, and poverty alleviation.
Article 42: Provisions for just and humane conditions of work and maternity relief. Significance for UPSC: This can be linked to policies on labor rights, minimum wages, and workplace safety.
Article 43: Living wage, etc., for workers. Significance for UPSC: This can be linked to policies on minimum wages, income inequality, and social security.
Article 44: Uniform civil code for the citizens. Significance for UPSC: This is a controversial issue that can be debated from various perspectives.
Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections. Significance for UPSC: This can be linked to policies on affirmative action, reservation, and empowerment of marginalized groups.
Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health. Significance for UPSC: This can be linked to policies on food security, public health, and healthcare.
Article 48: Organization of agriculture and animal husbandry. Significance for UPSC: This can be linked to policies on rural development, agriculture, and food security.
2. Economic Justice
Article 39: Certain principles of policy to be followed by the State. Significance for UPSC: This can be linked to policies on equal pay for equal work, prevention of the concentration of economic power, and promotion of economic justice.
Article 43: Living wage, etc., for workers. Significance for UPSC: This can be linked to policies on minimum wages, income inequality, and social security.
Article 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health. Significance for UPSC: This can be linked to policies on food security, public health, and healthcare.
Article 48: Organization of agriculture and animal husbandry. Significance for UPSC: This can be linked to policies on rural development, agriculture, and food security.
3. Political Justice
Article 38: State to secure a social order for the promotion of social welfare. Significance for UPSC: This can be linked to policies on social justice, equality, and non-discrimination.
Article 39: Certain principles of policy to be followed by the State. Significance for UPSC: This can be linked to policies on equal pay for equal work, prevention of the concentration of economic power, and promotion of economic justice.
Article 40: Organization of village panchayats. Significance for UPSC: This can be linked to policies on decentralization, rural development, and empowerment.
Article 45: Provision for free and compulsory education for children. Significance for UPSC: This can be linked to policies on education, literacy, and human development.
Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections. Significance for UPSC: This can be linked to policies on affirmative action, reservation, and empowerment of marginalized groups.
4. Environmental Justice
Article 48A: Protection and improvement of environment and safeguarding of forests and wild life. Significance for UPSC: This can be linked to policies on environmental protection, climate change, and conservation.
5. Protection of Monuments
Article 49: Protection of monuments and places and objects of national importance. Significance for UPSC: This can be linked to policies on heritage preservation, cultural diversity, and national identity.
6. Peace and Security
Article 51: Promotion of international peace and security. Significance for UPSC: This can be linked to policies on foreign policy, international relations, and global cooperation.
It is important to note that the DPSPs are not justiciable, meaning that they cannot.
Welfare state Dpsp
The concept of the welfare state is deeply intertwined with the Directive Principles of State Policy (DPSP) enshrined in the Indian Constitution. While not directly enforceable, the DPSPs serve as guiding principles for the government to strive towards achieving social and economic justice for its citizens, thus creating a welfare state.
Here are some specific DPSPs that contribute towards the creation of a welfare state:
1. Article 38: This article directs the state to secure a social order for the promotion of social welfare. This implies a commitment to addressing issues like poverty, inequality, and lack of access to basic necessities like food, shelter, and education.
2. Article 39: This article promotes principles like equal pay for equal work, the prevention of the concentration of economic power, and the promotion of economic justice. These principles are crucial for ensuring a fair and equitable distribution of resources, which is a cornerstone of any welfare state.
3. Article 41: This article guarantees the right to work, to education, and to public assistance in certain cases. This ensures that every citizen has access to basic opportunities for livelihood, education, and social security.
4. Article 42: This article provides for just and humane conditions of work and maternity relief. This ensures that workers are protected from exploitation and have access to basic rights, contributing to a more equitable society.
5. Article 43: This article advocates for a living wage for workers. This ensures that workers are able to earn a decent living and participate meaningfully in the economy.
6. Article 46: This article promotes the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections. This addresses historical inequalities and empowers marginalized groups, promoting social justice and inclusivity.
7. Article 47: This article directs the state to raise the level of nutrition and the standard of living and to improve public health. This ensures that every citizen has access to basic necessities like food, healthcare, and sanitation, contributing to overall well-being.
8. Article 48: This article encourages the organization of agriculture and animal husbandry. This promotes rural development, food security, and economic growth, creating a stronger foundation for a welfare state.
9. Article 48A: This article emphasizes the protection and improvement of the environment and the safeguarding of forests and wildlife. This ensures a sustainable future for the nation and protects the natural resources essential for human well-being.
10. Article 51: This article promotes international peace and security. This fosters a stable and cooperative global environment, which is conducive to the development and prosperity of all nations, including India.
While the journey towards a full-fledged welfare state is ongoing, the DPSPs provide a roadmap for achieving this goal. By implementing policies and initiatives that align with these principles, the government can work towards creating a society where every citizen has the opportunity to live a dignified and fulfilling life.
In addition to the specific DPSPs mentioned above, the broader framework of the DPSPs also promotes the concept of a welfare state by:
Emphasizing the importance of social justice and economic equality: This ensures that the benefits of economic growth are shared equitably among all citizens.
Promoting the principles of democracy and inclusivity: This guarantees that all citizens have a voice in governance and are able to participate in the development process.
Encouraging social welfare programs and initiatives: This provides essential support to vulnerable groups and individuals, helping them to overcome poverty, inequality, and other challenges.
Conclusion
In conclusion, the Directive Principles of State Policy (DPSP) stand as a crucial pillar in the constitutional framework of India, offering a visionary roadmap for the nation’s socio-economic development. While not enforceable by the courts, these principles serve as guiding beacons for policymakers, urging them to align legislative and executive actions with the lofty ideals enshrined in the Constitution. For UPSC aspirants, a nuanced understanding of the DPSP is not just a matter of examination preparation; it is a key to comprehending the essence of the Indian democratic ethos.
As we navigate the dynamic landscape of governance and public policy, it becomes evident that the DPSP, despite its non-justiciable nature, plays a pivotal role in shaping the nation’s destiny. They embody the collective aspirations of a diverse and vibrant society, emphasizing the need for inclusive growth, social justice, and the overall well-being of citizens. As future administrators and leaders, UPSC aspirants must internalize the spirit of the DPSP, recognizing them not as mere directives but as a moral compass steering the nation toward a more equitable and just future.
In the ever-evolving narrative of India’s democratic experiment, the DPSP serves as a testament to the foresight of the framers of the Constitution, encapsulating the spirit of nation-building. As we reflect on the significance of the DPSP in the UPSC journey, let us appreciate their role in fostering a constitutional morality that transcends legal boundaries, inspiring a commitment to the principles of justice, liberty, equality, and fraternity.
🇮🇳 Your Role in Nation Building: Understanding India’s Fundamental Duties! 🇮🇳
Just as the Constitution grants you Fundamental Rights (your shield 🛡️), it also outlines Fundamental Duties – think of these as your roadmap 🗺️ to being a responsible and contributing citizen. They are guiding principles that reflect the values needed for a better society and a stronger India.
While Rights tell you what you are entitled to, Duties remind you of your responsibilities towards the nation and fellow citizens.
How Did They Come About? A Quick History Lesson! ⏳
Original Constitution: Initially, only Fundamental Rights were listed for citizens. Duties were primarily for the State (as Directive Principles).
The Emergency Era: During the internal emergency (1975-77), the need for citizens’ duties was felt more strongly.
Swaran Singh Committee (1976): This committee recommended adding a specific chapter on Fundamental Duties.
42nd Amendment Act (1976): Acting on the recommendation, the government added Part IV-A to the Constitution, which included Article 51A outlining 10 Fundamental Duties. Inspiration was drawn from the Constitution of the former USSR.
One More Added (2002): The 86th Amendment Act added the 11th duty related to education.
Quick Facts: ✨
Where? Part IV-A of the Constitution.
Which Article? Article 51A.
How Many? 11 Fundamental Duties.
Added When? 10 in 1976, 1 more in 2002.
Legally Binding? They are non-justiciable (more on this below!).
📜 The 11 Fundamental Duties (Article 51A): Your Checklist! 📜
It shall be the duty of every citizen of India:
(a) Respect Constitution & Symbols: Abide by the Constitution and respect its ideals, the National Flag 🇮🇳, and the National Anthem.
(b) Cherish Freedom Ideals: Cherish and follow the noble ideals that inspired India’s freedom struggle.
(c) Protect Sovereignty & Unity: Uphold and protect the sovereignty, unity, and integrity of India. 🤝
(d) Defend the Country: Defend the country and perform national service when called upon.
(e) Promote Harmony & Dignity: Promote harmony and common brotherhood amongst all; renounce practices derogatory to the dignity of women. 👩🤝👨
(f) Value Heritage: Value and preserve the rich heritage of our composite culture. 🏛️
(g) Protect Environment: Protect and improve the natural environment (forests, lakes, rivers, wildlife) and have compassion for living creatures. 🌱🐅
(h) Develop Scientific Temper: Develop scientific temper, humanism, and the spirit of inquiry and reform. 🔬💡
(i) Safeguard Public Property & Abjure Violence: Safeguard public property and avoid violence. 🚫💥
(j) Strive for Excellence: Strive towards excellence in all individual and collective activities for national progress. 🏆
(k) Provide Education Opportunity (Parents/Guardians): Provide opportunities for education to your child/ward between the ages of 6 and 14 years. 📚 (Added in 2002)
Understanding the Features: ⚙️
Moral & Civic: Some duties are moral calls (like cherishing freedom ideals), while others are civic responsibilities (like respecting the flag).
Indian Roots: Many duties reflect values long-cherished in Indian traditions and practices.
Citizens Only: Unlike some Rights, these duties apply specifically to Indian citizens.
Non-Justiciable: This is important! It means you cannot be taken to court solely for violating a Fundamental Duty. However, this doesn’t make them powerless. Parliament can make laws to enforce these duties indirectly (and many existing laws align with them).
Why Do These Duties Matter? 🤔
Reminder: They constantly remind you of your responsibilities alongside your rights.
Warning: They act as a warning against anti-national or destructive activities (like disrespecting the flag or damaging public property).
Inspiration: They inspire discipline, commitment, and active participation in nation-building.
Legal Interpretation: Courts sometimes consider Fundamental Duties when deciding if a law is reasonable and constitutionally valid.
Rights ↔️ Duties: The Balancing Act ⚖️
Fundamental Rights and Duties are two sides of the same coin!
Complementary: They often support each other. Example: The Right to Education (Art 21A) is complemented by the Duty of parents/guardians to provide education (Art 51A(k)).
Potential Conflict? Sometimes people focus only on Rights (like Free Speech) while ignoring Duties (like promoting harmony). This can lead to problems like spreading hate speech or fake news.
Strengthening Democracy: A healthy democracy requires citizens to be aware of both their Rights and their Duties and to act responsibly.
Duties in Action (Legal Context): 🏛️
Supreme Court: The courts have referred to Fundamental Duties in several important judgments, often linking them to environmental protection (M.C. Mehta case), national awards (Balaji Raghavan case), and more.
Justice Verma Committee (1998): This committee highlighted existing laws that help enforce the spirit of Fundamental Duties, such as:
Prevention of Insults to National Honour Act, 1971
Protection of Civil Rights Act, 1955
Wildlife (Protection) Act, 1972
Forest (Conservation)1 Act, 1980
In Conclusion:
Even though you can’t be penalised directly under Article 51A for not performing these duties, they are fundamental to our identity as Indian citizens. They represent the values we should strive for and remind us that building a great nation is a shared responsibility! 🤝🇮🇳
Fundamental Duties in the News
Effectuation of fundamental duties a continuing task: Attorney General to SC
The Supreme was hearing a plea filed by Durga Dutt (Lawyer), that sought direction to the centre for enacting well-defined law/rules to ensure adherence to the fundamental duties as enshrined in the constitution.
Summary
The Supreme Court has sought the assistance of the top law officers while issuing notice to the centre (Union Government).
“It is clear that the effectuation of fundamental duties is and will always be a continuing task, calling for duty specific legistations, schemes and supervision. Ministries, both at the centre and state levels, in relation to education and culture, may be called upon to continue to be engaged in this regard,” – Attorney General R Venkataramani.
Attorney General R Venkataramani. (File photo)
He also said the executive as well as the judiciary has always been aware that mere incorporation of these duties in Article 51-A of the Constitution is insufficient to ensure that they are actually effectuated, particularly given their non-justiciable status.
Also, he said that to address these concerns, the centre had in 1998 constituted a committee to operationalise the suggestion to teach fundamental duties to its citizens.
The implementation of Fundamental duties under article 51A of the Indian Constitution is a vital step toward fostering responsible citizenship within a constitutional democracy. The Hon’ble Prime Minister has emphasized that fulfilling these Fundamental duties is essential for national progress, referring to the present era as ‘Kartavya Kaal’. These duties serve as moral obligations that complement legal rights, helping to balance individual liberty with collective responsibility in a democratic society.
They reflect a constitutional philosophy wherein citizens, endowed with Fundamental Rights (Part III), are also expected to fulfil their Fundamental duties (Part IV-A) for the greater good of the nation. Initiatives such as the Citizen’s Duties Awareness Programme (2020), integration of duties into educational curricula, and outreach efforts through Constitution Day observances and media broadcasts among other legal, educational, and public initiatives have been undertaken to promote awareness of Fundamental duties. These efforts recognise that democracy can only truly thrive when citizens uphold both their rights and responsibilities.
The Government is aware of the recently launched initiative titled “Kartavyam” by the Campus Law Centre, University of Delhi. This national initiative, undertaken in collaboration with 21 universities and institutions, aims to promote a duty-centric approach and develop duty jurisprudence within the framework of constitutional and legislative discourse.
The Constitution of India, adopted in 1950, serves as the supreme law of the land. Part III of the Constitution encapsulates the fundamental rights granted to individuals, irrespective of their nationality. However, the application of these rights to foreigners is nuanced, and understanding the specific articles is crucial.
1. Equality before the Law (Article 14)
The cornerstone of democratic societies, Article 14 ensures equality before the law and equal protection of the laws. Foreigners residing in India are entitled to this fundamental right, emphasizing the nation’s commitment to fairness and justice for all.
2. Protection of Life and Personal Liberty (Article 21)
Article 21 guarantees the right to life and personal liberty, ensuring that no person, including foreigners, is deprived of these rights except according to the procedure established by law. This provision underscores the universal significance of life and liberty.
3. Article 21A: Right to elementary education.
Article 21A is a fundamental right enshrined in the Constitution of India that guarantees free and compulsory education to all children in the age group of six to fourteen years. It was inserted into the Constitution through the 86th Amendment Act, 2002, recognizing the crucial role of education in empowering individuals and contributing to the nation’s development.
4.Article 22: Protection against arrest and detention in certain cases.
Article 22 of the Indian Constitution is a crucial safeguard against arbitrary arrest and detention. It guarantees certain fundamental rights to individuals who are arrested or detained, ensuring due process and protecting their personal liberty.
5.Article 23: Prohibition of traffic and human beings and forced labour.
Article 23 of the Indian Constitution prohibits various forms of exploitation and guarantees dignity and freedom for all individuals. Here’s a breakdown of its key aspects:
Provisions:
Article 23(1):
Prohibition of human trafficking: This prohibits the buying and selling of individuals for any purpose, including forced labor, slavery, prostitution, and organ harvesting.
Prohibition of forced labor: This includes practices like “begar,” where individuals are forced to work without fair compensation or under threat of punishment.
Punishment: Any violation of this provision is punishable by law, ensuring accountability and deterring future violations.
Article 23(2):
Exception for public service: This clause allows the state to impose compulsory service for public purposes. However, it emphasizes that such service should not discriminate based on religion, race, caste, class, or any other factor.
6.Article 24: Prohibition of employment of children in factories etc.
Article 24 of the Indian Constitution is a crucial provision that safeguards the well-being of children and protects them from exploitation. Here’s a breakdown of its key aspects:
Provision:
“No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.”
Key points:
Minimum age: This article sets the minimum age for employment in factories, mines, and other hazardous activities to 14 years.
Scope: It applies to all factories, mines, and hazardous activities, ensuring broad protection for children.
Hazardous activities: While not explicitly defined, the Constitution allows for legislation to determine what constitutes “hazardous employment.”
Objective: This article aims to prevent child labor and exploitation, ensuring that children can focus on education and healthy development.
7. Freedom of Religion (Article 25-28)
Foreigners in India are granted the freedom to profess, practice, and propagate their religion, as enshrined in Articles 25-28. This inclusivity reflects India’s secular ethos, promoting religious diversity and harmony.
The Scope and Limitations
While the Constitution extends several fundamental rights to foreigners, it’s essential to recognize certain limitations and exceptions that may apply.
1. Right to Vote (Article 326)
One notable limitation is the right to vote, reserved exclusively for Indian citizens. Despite residing in India, foreigners are not eligible to participate in the electoral process, reflecting a distinction between citizen and non-citizen political rights.
2. Specific Employment Rights
Certain government positions and roles may be restricted to Indian citizens, particularly those involving sensitive matters such as national security. Understanding these limitations provides clarity on the areas where distinctions based on citizenship exist.
Landmark Cases and Legal Interpretations
To comprehend the practical application of fundamental rights to foreigners, examining landmark legal cases is insightful. Cases such as Rajagopal v. State of Tamil Nadu and National Human Rights Commission v. State of Arunachal Pradesh have shaped the jurisprudence surrounding the rights of foreigners in India.
Contemporary Issues and Evolving Perspectives
As India navigates the complexities of a globalized world, the rights of foreigners within its borders continue to evolve. Addressing contemporary issues such as refugee rights, the treatment of foreign detainees, and access to legal remedies provides a snapshot of the ongoing discourse on this subject.
Conclusion
In conclusion, India’s commitment to upholding fundamental rights extends to foreigners residing within its borders. As we’ve explored the constitutional foundation, limitations, landmark cases, and contemporary issues, it becomes evident that the legal framework is dynamic and responsive to the changing needs of a diverse society.
Understanding the list of fundamental rights available to foreigners in India not only facilitates a more inclusive society but also underscores the nation’s commitment to justice, equality, and human dignity. As India continues to be a melting pot of cultures and identities, this exploration of fundamental rights serves as a testament to the nation’s democratic values and its embrace of individuals from all walks of life.
It is lengthiest written constitution is often compared to elephant (Elephantine constitution) due to its size.
The things that make the constitution bulky is the incorporation of provisions such as the Public Service Commission, elections, All India service, Organization of Legislature, Executive and Judiciary of the Union and the state etc.
The original constitution that presented in 26th January 1950 consisted of 395 articles divided is divided into 22 parts and 8 schedules.
Currently, it is 448 articles divided into 24 parts and 12 schedules.
Although the last article of the constitution is Article 395.
The total number of articles in March 2013 is 448.
The new articles are added to the constitution without disturbing the original numbering order.
As of March 2013, there were 98 amendments to the constitution which was first enacted in 1950.
Parliamentary Democracy
There was debate between choosing the form of government during the independence between Parliamentary form or Presidential form.
The Presidential form of government was not choose as there was separation of powers between the Legislature and Executive, which may result in fight between the two, and newly formed country cannot be good for such conflicts.
Parliamentary form of government or Cabinet form was chosen, which is based on Britain’s Westminster Model with a nominal and a real executive.
As India is a republic, the country adopted an elective president who became the nominal executive acting as the head of the state (country) and the real power were vested in the real executive consisting of the council of minister headed by the Prime Minister. Similar to Britain.
“The real executive is directly responsible individually and collectively to the parliament for acts of commissions and omissions”.
India enacted the Democracy form of government, election to held every 5 years with certain basic freedoms.
A Combination of Flexibility and Rigidity
It is a combination of flexibility and rigidity in amending the constitution.
The intelligent balance between flexibility and rigidity depends upon whether a law to be amended is a constitutional law or an ordinary law.
Only a few provisions of the constitution that require ratification by not less than 1/2 of the state legislature beside 2/3 majority in both the houses of Parliament present and voting.
With special majority some of not less than 2/3 in both upper and lower house of the Parliament present and voting for amending some provisions of the constitution.
Some provisions such as changes in names, boundaries of the state, abolition or creation of second chamber of a state legislature etc can be modified or changed by a simple majority.
Enforcement of Constitution
Some provision came in force on November 26, 1949, itself such as provisions regarding citizenship, elections, provisional parliamentary, temporary and transitional provisions and short titles which present in the Article 5, Article 6, Article7 Article 8, Article 9, Article 60, Article 324, Article 366, Article 367, Article 379, Article 380, Article 388, Article 391, Article 392, and Article 393.
Then the majority of remaining provision came into force on January 26, 1950.
A Statement of Fundamental Rights
The fundamental rights form the ‘sine qua non’ of a civic society.
Motilal Nehru Committee Report of 1928 demanded for the incorporation of fundamental rights for the first time.
But the one emphatic on Fundamental right was the Sapru Committee Report of 1944.
” The framing of fundamental rights is not only necessary for giving assurances to the minorities but also for preserving standards of conduct for the legislature, government and the courts.”
The fundamental rights are not absolute.
There were seven fundamental rights in 1950, right to property was deleted from the list of fundamental list and placed under statute by 44th amendment of 1978.
In 2002, by 86th amendment, education is made as a fundamental right by the Parliament and added as Article 21A.
On April 1, 2010, the Right of Children to free and compulsory Education Act came into force.
Currently, there are 6 fundamental rights under article 14 to 32 in Part III of the constitution, as follows:
Right to equality by Articles 14 to 18.
Right to freedom of speech and expression, right to life and liberty and right to education, etc. under the articles 19, 20, 21, 21A, and 22.
Right against exploitation by Articles 23 & 24.
Right to freedom of religion by Articles 25 to 28.
Cultural and educational rights by Articles 29 & 30
Right to constitutional remedies by Articles 32 to 35.
DPSP (Directive Principles of State Policy)
Directive Principles of State Policy is a declaration of the comprehensive social, political, and economic programme of the state for the creation of a society based on justice and equality which is included in Part IV of the constitution.
DPSP is a non-justiciable, that means no action can be taken against the government for non-adherence of the policies of DPSP.
However, the government must fulfil the policies mentioned in DPSP as it is considered as ‘Fundamental’ in governance or else the government must face the wrath of people as observed by Ambedkar.
DPSP acts as a guide to the government.
DPSP is inspired by Gandhian, Socialist and liberal principles.
Some of its principles are the abolition of liquor, the abolition of cow slaughter, right to adequate means of livelihood, equal pay for equal work, uniform civil code throughout the country, separation of the executive from judiciary etc.
Federalism
The founders of the constitution chosen the federal form of government, that is the state government and central government.
The power and authority are divided between the Central and State government for administrative convenience.
‘both are mutually exclusive yet interdependent’
There are three lists in the division of powers that are the Union List, State List and Concurrent List.
The Union Government or Central government has more power and authority, it has over 97 subjects, they are Defence, Science and Technology, Home, Atomic Energy etc.
The State government has over 66 subjects such as education, health, family planning etc
The concurrent list, the Union and the state’s shares over 47 subjects such as Marriage, contract based on mutual consent and consultation, divorce etc.
Indian constitution is fully federal because the residuary power is with the union by the states, the centre has the power to supersede a state government.
Also, the president has the power to withdraw to the Union, executive and legislative power of a state at any time, if state administration is not properly carried out by Article 356.
Due to its dual nature of the Indian constitution, it is considered as partly federal and partly unitary (Quasi Federal).
Indian constitution is a combination of both, by Alexandrowiez.
Independent Judiciary
For the purpose of Judicial independence, Judiciary system is kept at the distance from Executive and Legislature.
The makers of the constitution though that Executive and Legislature might manipulate the Judiciary to its advantage, as the Legislature does the process of law-making and executive do the process of the law implementation.
In order to get the public confidence, and to ensure impartiality of decisions, the judiciary is made independent of Legislature and Executive.
For this reason, the salaries of the Judicial Department is not charged from the government but it is charged from the Consolidated Fund of India (CFI).
A corpus of 50 crores which is enhanced from time to time.
By this one of tenets of Directive Principles of the State Policy (DPSP) is fulfilled.
Popular Sovereignty
It means ultimate sovereign power in the hands of the people, changed periodically by way of Universal Adult Franchise.
This system enables Universal Adult Suffrage, in which all eligible adult citizens of the country exercise their vote by a single non-transferable vote to elect a government of their choice.
A party or the parties that win the majority forms the government and the others form the opposition.
Earlier, the minimum age for voting in India was 21, and now it is 18 years as per the 61st constitution Amendment Act, 1988.
Some argued that uneducated people should not be given with the right to vote but the constitution-makers felt all the people were equally responsible in India attaining independence irrespective of caste, religions, sex, education etc.
During the 1950 general election, out of 180 million adult population, only 88 million people put their vote.
The words begin the preamble to the constitution of india are as follows:
” We, The People of India, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, Social, Economic and Political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity and to promote among them all;
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUT CONSTITUENT ASSEMBLY this twenty-six day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”.
Preamble of Indian Constitution
Sovereign
India is independent and has full control over its territory.
No external authority can dictate India’s decisions.
Socialist
Economic system based on equality.
Focus on reducing wealth gap and addressing social justice.
Secular
Freedom to practice any religion.
No state religion, all religions are treated equally.
Democratic
People elect their representatives through free and fair elections.
Citizens have a right to vote and participate in governance.
Republic
Head of State is elected, not a monarch.
People have the right to choose their leaders.
Justice
Social, economic, and political justice for all citizens.
Equal protection of law, fairness in governance.
Liberty
Freedom of speech, expression, and personal liberty.
Freedom of belief and individual rights are protected.
Equality
Equality of status and opportunity for all citizens.
No discrimination based on caste, religion, or gender.
Fraternity
Promotes unity, integrity, and brotherhood among citizens.
Encourages a sense of collective national identity.
Unity and Integrity of the Nation
Preserving national unity and safeguarding the territorial integrity.
Working towards a strong, cohesive Indian society.
The preamble to the Constitution of India
What is the Preamble?
The Preamble is the introduction to the constitution of India, which is an expression statement in a document that explains the purpose of the constitution and its philosophy. It represents the history behind its creation and the values and principles of the nation.
Can the Preamble be Amended?
The preamble can be Amended under Article 368 of the constitution but its basic structure cannot be amended. Till now, the Preamble was Amended only one time through the 42nd Amendment Act, 1976.
By this Amendment, three new words were added to the Preamble they are “Socialist, Secular, and Integrity.
Which part of the preamble is the most important?
“We, The People of India, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:“. This part is the most important because it points out the Indian government gets its powers from the people and also says that the Indian government is Secular, which means the government treats all people from different religions equally.
Also the Preamble mentions five different types of Liberty, they are:
Liberty of thought
Liberty of expression
Liberty of belief
Liberty of faith
Liberty of Worship
The Preamble to the Constitution of India stands as a poignant testament to the values and aspirations that form the bedrock of the nation. As aspirants gearing up for the UPSC examination, understanding the nuances of the Preamble is not just a necessity but a key to unlocking a deeper comprehension of the Indian polity. In this blog post, we delve into the intricacies of the Preamble, dissecting its words to uncover the profound principles that guide our nation.
I. Historical Context:
To grasp the essence of the Preamble, one must first step back into the annals of history. The makers of the Indian Constitution were driven by a vision that transcended mere governance; they aimed to weave a tapestry of justice, liberty, equality, and fraternity. The Preamble encapsulates the dreams and ideals of these visionary leaders, laying the foundation for a sovereign, socialist, secular, and democratic republic.
II. Key Components:
A. Sovereign: The term ‘sovereign’ implies the independence of the nation from external interference. Aspirants should explore how India, as a sovereign state, manages its foreign relations and safeguards its autonomy.
B. Socialist: The term ‘socialist’ in the Preamble emphasizes the commitment to social justice and the welfare of all citizens. Aspirants must understand the various socialist measures and policies implemented in India to promote equality.
C. Secular: The concept of ‘secular’ underscores the state’s impartiality towards all religions. Aspirants should delve into the secular fabric of India, examining laws and policies that ensure a harmonious coexistence of diverse religious communities.
D. Democratic: The term ‘democratic’ reflects the participatory nature of governance. Aspirants should explore the democratic institutions, electoral processes, and checks and balances that characterize India’s democratic framework.
E. Republic: The term ‘republic’ signifies a government elected by the people. Aspirants should delve into the constitutional provisions that establish India as a republic, with a focus on the role of the President, Parliament, and judiciary.
III. Evolution and Amendments:
The Preamble has witnessed amendments over the years, reflecting the evolving nature of Indian society and governance. Aspirants should be well-versed with these changes and their implications on the foundational principles of the Constitution.
IV. Significance in UPSC Examination:
Understanding the Preamble is not only a theoretical exercise but a practical necessity for UPSC aspirants. Questions related to the Preamble frequently appear in the examination, testing candidates’ knowledge of constitutional principles and their application in contemporary scenarios.
Conclusion
In conclusion, the Preamble to the Constitution of India serves as a guiding light, illuminating the path towards a just and egalitarian society. As UPSC aspirants, a profound understanding of the Preamble is not just a prerequisite for the examination but a commitment to upholding the principles that define the Indian nation. By mastering the intricacies of the Preamble, aspirants can navigate the complex landscape of constitutional governance with clarity and purpose.
It is drafted by representatives from different legal and cultural backgrounds from all over the world. This declaration is proclaimed by the united nations.
Human rights are ensured by the Un Universal Declaration. The commitment of the United Nationals stems from the Organisation founding Charted. And the International community has the duty to uphold it.
The UDHR ( Universal Declaration of Human Rights) is an international document which is adopted by UN General Assembly that enshrines the right.
Human Rights
By FDR Presidential Library & Museum – https://www.flickr.com/photos/fdrlibrary/27758131387/, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=82568079
The UNO defines Human Rights as ” The right inherent to all human beings, regardless of race, gender, nationality, ethnicity, language, religion or any other status.
Everyone is entitled to these rights without discrimination.” The UNO ( United Nations Organization) was formed right after World War II.
The primary objective of UNO is to deal with the consequences of the war and prevent such wars in the future. The united nations organizations were established in 1945.
The universal declaration of human rights (UDHR) is playing a vital role in promoting human rights.
Universal Declaration of Human Rights
The Universal Declaration of Human rights is a pathbreaking document in the history of human rights.
It was drafted by different legal and cultural background experts from all the regions.
The declaration was proclaimed by the United Nations general assembly in Paris by General Assembly resolution 217A, on 10 December 1948 as a common standard of achievement of all people in the entire world.
For the first time, Human basic right is protected universally and UDHR has been translated in most of the languages in the world.
There are 30 articles in the UDHR and it guarantees freedom of expression as well as civil, political, social, economic, and cultural rights.
These rights apply to all people irrespective of race, color, gender, nationality, etc, all are equal.
This general explanation of Human Rights by UDHR is not a law, however, it has political and moral importance and many guarantees in UDHR have become norms today.
Social, Economic and Cultural Rights
Social, Economic, and Cultural Rights are developed after World War II. Social rights are necessary for full social participation in society.
Economic rights guarantee that everyone under which they meet their basic living economy needs. There is a certain range of legal procedures by which economic, equality, and freedom are preserved in the state.
Cultural rights are human rights that aim at assuring the enjoyment of culture and its components in the condition of equal human dignity and non-discrimination.
Civil and Political Rights
Civil and Political rights are protected by law for its people against the government, social organizations, individuals, etc.
These rights will make sure an individual participate in the civil and political life of the state and society.
Civil rights are the basic rights provided and ensured by laws of the government to every individual in the country irrespective of race, color, nationality, religion, etc.
Political rights are practiced in the creation and administration of the government. Political rights are provided by the citizens by law.
These rights provide power to its people to be part of the administration directly or indirectly.
Differences between Human Rights and Fundamental Rights
Human rights are rights that give humans deserve to survive with respect and freedom. Whereas fundamental rights are rights of the citizen of the country that are guaranteed by the constitution and enforceable by law.
Human rights include rights that a basic to life and that cannot be taken away and are absolute, whereas the fundamental right includes only those rights that are basic to normal human life.
Human rights are at the international level, whereas fundamental right is at the national level. Moreover, Human rights are declared by the UN, suggested to the government of various to be adopted and serve like Directive Principles of State Policy in India.
Right to Constitutional Remedies
When a person is denied the fundamental right, that person can approach the court, by constitutional means. The court issues orders called Writ to the government to restore the rights.
“WRIT” – It is written order from the court or from other legal authority”. The constitutional remedies can be used for anything that may be wrong in terms of the constitution. This right protects all other rights.
* * All the Notes in this blog, are referred from Tamil Nadu State Board Books and Samacheer Kalvi Books. Kindly check with the original Tamil Nadu state board books and Ncert Books.
