The Constitution, India's Supreme Law, establishes the fundamental framework of the nation's polity, as well as Fundamental Rights and Directive Principles that embody our founding fathers' vision and objectives. The constitution attempts to protect human rights and provide state welfare through FunRead more
The Constitution, India’s Supreme Law, establishes the fundamental framework of the nation’s polity, as well as Fundamental Rights and Directive Principles that embody our founding fathers’ vision and objectives. The constitution attempts to protect human rights and provide state welfare through Fundamental Rights and DPSP.
Fundamental rights are basic human rights guaranteed to all citizens under Part III of the Indian Constitution. These are justiciable in nature. DPSP are a collection of guidelines and principles that are described in Part IV with the goal to establish favorable social and economic circumstances so that people can have fulfilling lives. The link between Fundamental Rights and the DPSPS has been the subject of much discussion, followed by several landmark judgements like the Kesavananda Bharati case (1973) and the Minerva Mills case (1980). It can be summarised as:
- Directive Principles are affirmative directions, whereas Fundamental Rights are negative or prohibitive in character since they impose constraints on the state.
- FR foster political democracy, whereas DPSP promotes social and economic democracy. The FR protects natural rights, and the adoption of the DPSP reinforces them even further.
- The judiciary has frequently taken on a balancing role in situations when the DPSPs and Fundamental Rights seem to be at opposite ends.
- The Supreme Court of India has declared that Fundamental Rights and DPSPs are compatible, and that the state should seek to attain the goals outlined in the DPSPs while upholding Fundamental Rights.
FR and DPSP are intended to work together to achieve the constitutional ideal of a just, fair, and equitable society.
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Article 368 of the Indian Constitution clearly states the powers of elected parliament to amend the constitution and amendment procedure. ARTICLE 368 (1) Notwithstanding anythinRead more
Article 368 of the Indian Constitution clearly states the powers of elected parliament to amend the constitution and amendment procedure.
ARTICLE 368 (1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article.
Since Independence, India has seen major parliamentary changes and constant amendment of the Constitution. Some historic amendments involve the 7th, 25th, the enraging 1975-38th and 39th , and most importantly the mini constitution, i.e the 42nd (whose provisions were mostly repealed by the 44th, brought by 1978 Janata Party) amendments. Let us look at the 73rd and 74th amendments of 1992.
The 73rd and 74th Constitutional Amendments was brought by the Indian National Congress (Prime Minister- P.V. Narasimha Rao).
73rd Amendment- The key changes involved the constitutional guarantee of Panchayati Raj in India. This provision provided rights, powers, status and legitimacy to the village-level self-governance in our country. For the same, schedule XI (11th schedule) and part IX- Articles 243; 243 A to 243 O were added.
74th Amendment- After the guarantee of Panchayati Raj, the 74th Amendment provided status to Municipality in India. This provision gave sanctity to block and city-level governance. It assigned powers and roles, along with limits to municipal governments. For the same, schedule XII (12th schedule) and part IX- A- Articles 243 P to 243 ZG were added.
These changes helped shape the Indian executive in the 21st century decades to follow. Thus, we see the significance of the 73rd and 74th amendments in Indian history.
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