Roadmap for Answer Writing 1. Introduction Key Idea: Introduce the concept of the Indian Constitution as a “living document,” which evolves with changing times and needs of society. Points to Mention: Constitution provides a framework for governance that allows for flexibility through amendments and ...
Answer-The Directive Principles of State Policy borrowed from Ireland is an unique feature of the Indian Constitution. Article 36-51 belong to Directive Principles of State Policy (DPSP). It intents to lead the Nation towards the establishment of a just Equitable Society. The part-IV of Indian ConsRead more
Answer-The Directive Principles of State Policy borrowed from Ireland is an unique feature of the Indian Constitution. Article 36-51 belong to Directive Principles of State Policy (DPSP).
It intents to lead the Nation towards the establishment of a just Equitable Society.
The part-IV of Indian Constitution belongs to Directive Principles of State Policy.
They are non-justiciable similar to Fundamental Duties.
The main aim of Directive Principles of State Policy is to establish a Welfare State.
It emphasizes and encourages the state to take positive actions for the betterment of society.
They are ideals which are not legally enforceable by the courts for their violation.
The types and features of DPSP are mentioned here-
- SOCIALIST PRINCIPLES- They aim to provide social and economic justice and set the path towards the welfare state.
- GANDHIAN PRINCIPLES- They aim to encourage the establishment professional administration of cooperative societies.
- LIBERAL AND INTELLECTUAL PRINCIPLES- They aim to promote liberty and equality . they protect the rights of individuals and to promote their welfare.
- It can also defined as “instruments of instructions’ which were issued by the British Government under the Government Of India Act of 1935.
- A new DPSP under Article 38 was added by the 42th Amendment Act of 1978,which needed the state to decrease inequalities in income, status, facilities and oppurtunities.
- The 86th Amendment Act of 2002 changed the subject matter of article 45 and made elementary education a fundamental right under Article 21A.
- The Article 40 comes under GANDHIAN PRINCIPLES takes steps to organise village panchayats as units of Self Government.
- The renowned Golaknath vs the State of Punjab (1967); In this case, the Supreme Court declared that Fundamental Rights could not be amended by the Parliament even for implementation of Directive principles.(It shows conflict between Fundamental rights and DPSP.
Fundamental Rights and DPSP are considered complementary to each other.
DPSP discusses the goals and principles the state should attempt to achieve in the social and economic fields.
And Fundamental Rights focus on individual rights and liberties.
Fundamental Rights are stated as limitations on State action whereas Directive Principles navigate the state to work with proper policies for the betterment of country’s people.
They both work for the Social and Economic Welfare of the people of the country in different spheres.
They both promote welfare and development of the community.
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Model Answer Introduction The Indian Constitution is often referred to as a "living document" because of its ability to adapt to the evolving needs of society. Through a combination of amendments and judicial interpretations, it has consistently reflected the changing aspirations of the people and tRead more
Model Answer
Introduction
The Indian Constitution is often referred to as a “living document” because of its ability to adapt to the evolving needs of society. Through a combination of amendments and judicial interpretations, it has consistently reflected the changing aspirations of the people and the state. This flexibility is ensured by provisions in both the Legislature (Article 368) and the Judiciary (Articles 13 and 32).
Key Amendments and Evolution
Equitable Distribution
Post-independence, the Constitution was amended to address economic disparities. For instance, the First Constitutional Amendment Act, 1951 inserted Article 31A, allowing the state to acquire estates for public welfare, addressing inequalities between landowners and tillers.
Decentralization
In 1992, the 73rd and 74th Constitutional Amendments empowered local self-government by establishing Panchayati Raj Institutions and urban local bodies, promoting grassroots democracy and decentralization of power.
Digitisation and Data Privacy
With technological advancements, the Puttaswamy vs. Union of India case (2017) expanded the scope of Article 21 by recognizing the right to privacy as a fundamental right, reflecting the need for digital rights protection in governance.
Affirmative Action
The 103rd Constitutional Amendment Act, 2019 introduced a 10% reservation for Economically Weaker Sections (EWS), showing the Constitution’s adaptability in addressing new forms of inequality.
Political Stability
The 52nd Constitutional Amendment Act, 1985 added the Tenth Schedule, aimed at preventing political defections, thus ensuring political stability in the country.
Conclusion
The Basic Structure Doctrine, established in the Kesavananda Bharati case (1973), ensures that while the Constitution can evolve through amendments, its core values remain intact. The Indian Constitution, through its flexible framework, continues to meet contemporary challenges, making it a dynamic and living document that resonates with the changing socio-political landscape.
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