==Page 1==
Article 35:
* Parliament can make special laws for the rights of people in the areas mentioned by Article 33, the areas mentioned by Article 34, the people of J&K and some special areas as per Article 16(3), and some areas within the states of AP, Maharashtra, Gujarat, Assam, Nagaland, and Mizoram as per Article 371.
Inherent Characteristics of Fundamental Rights:
* The inherent characteristics of fundamental rights are explained through the following points, in relation to various elements:
1. Not universal: The rights in the Constitution do not apply uniformly to all citizens of the country.
(a) Articles 15, 16, 19, 29, and 30 do not apply to foreigners.
(b) Some provisions of Article 19 do not apply to the armed forces related to security.
2. Not absolute: They are not unlimited and not irreversible.
* Governments can impose reasonable restrictions on fundamental rights.
3. Judicial review of reasonableness: Governments can impose reasonable restrictions on rights. The judiciary reviews the reasonableness of the restrictions imposed by the governments.
4. They have judicial protection: Any person can approach the court for the enforcement of fundamental rights when they are violated.
* The courts can issue various orders (writs) for the protection or enforcement of rights.
5. Not subject to repeal, but can be suspended: During a state of national emergency, the President of India can temporarily suspend the enforcement of all fundamental rights except Articles 20 and 21. This means they cannot be repealed.
6. Can be amended in a special way: Fundamental rights cannot be amended like ordinary laws. Parliament can amend them in a special way, i.e., with a 2/3 majority.
* Examples include the removal of the right to property and the addition of primary education.
==Page 2==
7. Rights are primarily negative: * Most of the provisions related to the enforcement of fundamental rights deal with what the central and state governments *should not* do, meaning they operate with a negative connotation.
* Only Articles 17, 23, and 24 have a positive connotation.
8. Traditional and modern: * Along with traditional rights like the right to freedom and the right to freedom of religion, there are also modern rights like equality and the right against exploitation.
* Some of these fundamental rights are intended for specific groups, women, children, and minorities.
9. The responsibility for protecting fundamental rights rests with the judiciary.
Critical Examination of Fundamental Rights:
* There is a criticism that fundamental rights are not comprehensive.
* In 2002, the report submitted by the Constitution Review Commission stated that the freedom of the press, the right to information, the right to education, the right to livelihood, and the right to protect oneself from authoritarian laws should be included in the Constitution, and fundamental rights should be expanded, thereby making them comprehensive.
* Fundamental rights are intended only to promote political freedom and political representation. The fact that economic rights are not included is considered a shortcoming.
* Democratic countries of the world impose restrictions on fundamental rights only during a state of emergency, whereas in our country, restrictions are imposed on rights even in normal circumstances.
* Suspending the right to constitutional remedies during an emergency indicates a situation where there is no protection for rights.
* Natural justice principles are not embedded in fundamental rights. The Supreme Court ruled in the Maneka Gandhi case that natural justice principles should be applied.
* There is criticism that the rights enshrined in the Constitution are not accessible to ordinary citizens.
* Norman D. Palmer said, "The Indian Constitution gave rights with one hand and took them back with the other."
==Page 3==
Fundamental Rights - Preventive Detention Laws:
* From the time the Indian Constitution came into force until today, many preventive detention laws have been introduced.
* P.D. Acts are primarily laws intended to detain individuals as a precautionary measure to prevent crime.
* The detention of persons arrested under P.D. Acts is extended only on the advice of the Advisory Board at the state level.
* The advice of the Advisory Board, consisting of three judges of High Court level, must be followed.
* When a person's detention exceeds a period of 2 months, the advice of the Advisory Board is mandatory.
1. Preventive Detention Act (PDA), 1950: -
* It was repealed in 1969.
2. Maintenance of Internal Security Act (MISA), 1971 - Abolished
* The Janata government repealed it in 1978.
3. COFEPOSA - Conservation of Foreign Exchange Prevention of Smuggling Act, 1974. Still exists
* It is in force with some changes.
4. ESMA [Essential Services Maintenance Act], 1978 Still exists.
5. NASA [National Security Act], 1980 - Abolished/Modified(?):
* It is still in force with some changes.
*Ex: Varun Gandhi was arrested by the act during the 2008 Loksabha elections.
6. TADA [Terrorist Anti Destructive Act], 1985 - Abolished.
* It was discontinued in 1990.
* The law was discontinued based on the recommendations of the Supreme Court.
7. POTA [Prevention of Terrorism Act], 2002 - Repealed
* The Manmohan Singh government repealed it in 2004.
8. UAPA [Unlawful Activities Prevention Act], 2004 - POTA was replaced and introduced by Manmohan government.
==Page 4==
* In India, state governments are constantly introducing COCA to curb increasing terrorist activities and organized crime.
* COCA - Control of Organized Criminal Activities
* The GUCOCA bill drafted by the Gujarat state government was sent to the Governor of the state and the President for review, and based on the advice of the Union Cabinet, Smt. Pratibha Patil 'vetoed' the bill. [Veto - Rejection]
* "Since the P.D. Acts contain provisions that are considered very humiliating by the people, only God can save the Indian people" - H.V. Kamath
* "As long as there are provisions in the Constitution that impose restrictions on fundamental rights, our democracy will remain a permanent stain on our face." - Tek Chand Bakshi
* "There are many provisions in the P.D. Acts that suppress the freedom of the people and establish authoritarianism" - M.V. Pylee
Supreme Court Judgments and Amendments on Fundamental Rights (Constitutional Amendments):
* In 1950, the Supreme Court ruled in the Champakam Dorairajan case that reservations were against fundamental rights, and the reservations provided by the Madras government for SCs and STs were invalid.
* The High Courts of Bihar and West Bengal ruled that land reform laws were against the right to property.
* Based on the judgments of the Supreme Court in the above cases, the 1st Constitutional Amendment was made in 1951.
(a) The first amendment added Article 15(4) to the Constitution, giving constitutional validity to reservations.
(b) The 9th Schedule was added, exempting land reform laws from judicial review.
* The first amendment was challenged in the Sankari Prasad Vs Union of India case.
* The Supreme Court, stating that constitutional amendments, like ordinary laws, are not subject to judicial review, held the first constitutional amendment as constitutional in the Sankari Prasad case.
==Page 5==
4th Constitutional Amendment:
* Based on the Supreme Court's judgment in the Bela Banerjee case that compensation paid when the government nationalizes private property should be reasonable, this 54th amendment was made.
* When the government acquires private property, the amount of compensation to be paid will be determined by Parliament through law. This amendment provided protection from judicial review for those laws.
* The 17th Constitutional Amendment added that Parliament would legally resolve issues arising from the payment of compensation in the case of nationalization of property, and that protection would be provided from judicial intervention.
* In the Sajjan Singh Vs State of Rajasthan case, the Supreme Court upheld the first, fourth, and 17th Constitutional Amendments and reiterated its judgment in the Sankari Prasad case.
* In 1967, in the Golaknath Vs State of Punjab case, the Supreme Court gave a landmark judgment, stating that Parliament does not have the power to amend fundamental rights.
* The S.C. stated it would subject not only regular laws, but also Constitutional Amendments, to judicial review.
* It stated that another Constituent Assembly should be formed to amend fundamental rights.
* In 1969, the Indira Gandhi government nationalized 14 commercial banks, and the Supreme Court struck down the laws.
* In 1970, the Supreme Court also struck down the law abolishing privy purses passed by the Indira Gandhi government.
* To overcome the Supreme Court's judgments in the above three cases, the Indira Gandhi government introduced the 24th, 25th, and 26th Constitutional Amendments in 1971.
24th Constitutional Amendment: -
* Parliament has the power to amend any part of the Constitution, including fundamental rights.
25th Constitutional Amendment: Compensation paid by the government in the case of nationalization of property is legally determined and cannot be challenged in any court.
==Page 6==
26th Amendment: Gave constitutional validity to the abolition of privy purses.
* The 24th, 25th, and 26th Constitutional Amendments were challenged in the Kesavananda Bharati Vs Kerala Government case in 1973.
* This case is known as the Fundamental Rights Case.
* In this case, the Supreme Court upheld the 24th and 26th Constitutional Amendments.
* Parliament has the power to amend any part of the Constitution, including fundamental rights. But, it ruled that it does not have the power to amend the basic structure of the Constitution. But it did not define the basic structure.
* The issue regarding whether compensation paid during nationalization can be challenged in any court was deemed void.
* Through the 42nd Constitutional Amendment, the Indira Gandhi government made many changes to the Constitution to establish the supremacy of Parliament over the judiciary.
* By adding Section 4 to Article 368, it was stated that amendments made to the Constitution for the implementation of Directive Principles cannot be challenged in any court.
* In 1980, the Supreme Court, in the Minerva Mills case, struck down Section 4 added to Article 368, stating that it was against the basic structure of the Constitution.
* In the Minerva Mills case, the Supreme Court stated, "Fundamental rights are also part of the basic structure of the Constitution."
* In 1978 through the 44th amendment, the right to property was removed from fundamental rights.
* Through the 86th Constitutional Amendment in 2002, primary education was added as a fundamental right.
* In the Mohini Jain VS Karnataka Government, the S.C mentioned that primary education should be a fundamental right.
* In Unni Krishnan Vs Andhra Pradesh Government case, the Supreme Court stated that only primary education has the opportunity to be recognized as a fundamental right, and higher education cannot be recognized as a fundamental right.
==Page 7==
Part IV - A
Fundamental Duties
[Article 51A]
* Duties were not included in the Constitution when it came into force.
* In 1976, the Indira Gandhi government added duties to the Constitution through the 42nd Constitutional Amendment.
* Duty means responsibility.
* 'Duty' refers to the responsibilities that individuals have towards other individuals, society, and the country.
* "Rights and duties are two sides of the same coin" - H.J. Laski
* Gandhiji believed that the eligibility to enjoy rights is to perform duties properly.
* Duties were added to the Constitution based on the recommendations of the Sardar Swaran Singh Committee.
* Duties were adopted from the former Soviet Union (Russia).
* H.R. Gokhale (Union Law Minister) introduced the bill in Parliament in 1976.
* "We are introducing the Fundamental Duties bill in Parliament with the intention of fulfilling the constitutional duty that the Constitution makers overlooked" - H.R. Gokhale.
* In 1976, when duties were incorporated into the Constitution, there were only 10, but currently, there are 11 duties.
* In 2002 through 86th amendment, it was made the responsibility of parents to strive to provide primary education.
* The following were recommendations of Swaran singh committee, but were not included as duties.
* Timely payment of taxes,
* Taking action against those who do not perform duties,
* Not challenging the actions taken against those who do not perform duties in courts.
* In 2002, the Constitution Review Commission recommended that timely payment of taxes and making laws to enforce duties should be included in the Constitution.
==Page 8==
* In 2003, former Chief Justice of the Supreme Court and the first Chairman of the NHRC, Ranganath Misra, recommended that the central government should make laws for the enforcement of duties, and the Supreme Court allowed a petition filed to that effect.
* January 3rd of every year is Fundamental Duties Day.
Salient Features:
* There is no separate mechanism for the enforcement of duties.
* There is no provision for punishment for not performing duties.
* Fundamental duties do not have judicial protection.
* Individuals cannot approach the courts for the enforcement of duties.
* Courts cannot issue orders to enforce duties.
* Duties are only advisory.
* D.K. Basu said, "Duties are principles that guide individuals towards ethical living."
* Justice K.P. Mukherjee said, "Fundamental duties are merely decorative."
* D.D. Basu said, "The observance of fundamental duties depends only on the will of the individuals. Just like the implementation of Directive Principles depends on the will of the governments, the will of the people depends on the duties of the people."
* Varma Committee Recommendations -
* In 1999, the Union Ministry of Human Resource Development appointed the Justice J.S. Varma Committee to make appropriate recommendations on the enforcement of duties.
* Every citizen should voluntarily abide by the duties. For this, special lesson plans on duties should be included from primary education to higher education.
* There is no need for special laws to enforce duties. The following laws should be properly enforced. They are:
(a) The National Honours Act, 1951
(b) Representation of the People Act, 1950 & 1951
(c) Untouchability Offences Act, 1955
(d) Protection of Civil Rights Act, 1976
(e) National Symbols Honor and Prevention of Disrespect, 1971
(f) Wildlife Protection Act, 1972
(g) Forest Conservation Act, 1980
==Page 9==
(h) Prevention of Child Labour Act, 1986
* In 2002, in the *AIIMS [All India Institute of Medical Sciences] vs AIIMS Students Union* case, while delivering a judgement on students following the duties, the S.C. mentioned that these cannot be ignored, and that educational institutions should be ideal places for a complete social change.
Part IV
Directive Principles of State Policy [Articles 36-51]
* DPSP - Directive Principles of State Policy.
* Directive Principles were adopted from the Irish Constitution.
* However, Ireland took them from Spain.
* The first constitution to incorporate Directive Principles was Spain's.
* The application of the welfare concept in the Preamble of the Constitution is the Directive Principles.
* Modern states are welfare states as well as states focusing on public well-being .
* The Directive Principles, which reflect the welfare nature of the Indian Constitution, will act as guiding principles for the central and state governments engaged in establishing a welfare state, according to M.C. Setalvad.
* K.C. Wheare - "Manifesto of the aims and aspirations of the Constitution."
* Dr. B.R. Ambedkar - "Principles intended to establish economic democracy in our country."
* Granville Austin - "Principles intended to bring about social change and social revolution in the country."
* Ambedkar referred to these principles as the "Instrument of Instructions" in the Government of India Act, 1935.
* In the drafts submitted by B.N. Rao, these were described as "rights without judicial protection," which are currently the Directive Principles in our Constitution.
* Prof. M.P. Sharma classified the Directive Principles into 3 types:
1. Socialist principles,
2. Gandhian principles;
3. Liberal intellectual principles.
==Page 10==
Article 36:
* This Article also explains the same elements as Article 12.
* Along with the central, state, and local governments that are involved in the implementation of the Directive Principles in the Constitution, all other authorities are also part of the Constitution.
Article 37:
* Directive Principles do not have judicial protection.
* Individuals cannot approach the higher courts for the enforcement of Directive Principles.
* The higher courts also cannot issue orders to the governments for the enforcement of Directive Principles.
Socialist/Welfare Principles:
Article 38:
* Strive to establish a system that provides justice in social, economic, and political spheres for all the people of India.
Article 39: - Strive to utilize the country's wealth and natural resources for the collective benefit of all the people of the country.
* Take measures to prevent the concentration of wealth in the hands of a few individuals.
Article 41: - Governments should provide adequate livelihood or subsistence allowance to the people, based on their economic capacity and resources.
Article 42: - Strive for the welfare of mothers and children. Take appropriate measures for the health protection of women.
Article 43: - Establish small-scale cottage industries on an individual and cooperative basis. Apart from ensuring fair working hours for the welfare of the locals, make appropriate wage arrangements.
* These are socialist/welfare principles that are influenced by Nehru's ideas.
Gandhian Principles:
* Based on the many principles and theories propounded by Gandhiji during his lifetime, Srimannarayan Agarwal introduced several principles in the Constituent Assembly, which were added as Gandhian principles, often called "Gandhi Plan".
==Page 11==
Article 40 -- Take steps to establish local self-governing bodies, leading to the creation of panchayat raj institutions.
Article 46 -- Special consideration in opportunities provided by the Government for socially, educationally, and economically backward sections (reservations).
Article 47 -- Prohibit intoxicants and alcohol that are harmful to people's health.
Article 48 -- Promote agriculture scientifically, along with animal husbandry, and prohibit cow slaughter.
Article 49 -- Protect ancient monuments and artifacts, which are symbols of India's ancient culture and heritage.
Liberal Intellectual Principles:
* These relate to reforms needed in India, given the changing social conditions, both globally and in India.
Article 44 -- Strive to establish a Common Civil Code applicable to all people living in India.
Article 45 -- Governments should strive to provide primary education, and strive for complete growth of all children up to 6 years of age, providing them pre-primary education.
Article 50 -- As part of providing independent status to the judiciary, separate the judiciary from the executive branch.
Article 51 -- Our country should maintain friendly and cooperative relations with other countries and strive for the protection of world peace. Maintain good neighborly relations.
* Directive Principles included in other articles, and not a part of part 4:
350(A) - The central government can issue directions to the states for education in the mother tongue.
351 - The center and states issue directions to make Hindi the national language.
335 -- While making appointments, if any group is deemed unrepresented, the government can take special actions, but not in a way that hurts administrative efficiency.
==Page 12==
Article 339 -- The state should follow orders issued by the Center for welfare of scheduled castes and tribes.
* Articles added by 42nd Constitutional Amendment?
*Indira Gandhi Government added 4 new principles in 1976:
* Special measures should be taken for environmental protection.
* Provide free legal aid to the people.
* Workers should be involved in the management of industries.
* Protect from any exploitation during childhood, youth, old age and for those who are handicapped.
* 44th Amendment:
* In 1978, the Janata government, through this amendment, added, 'Special measures should be taken to eliminate the growing economic and social inequalities between the poor and the rich in India' to the Directive Principles of the Constitution.
* 86th Amendment - 2002 (NDA Govt.)
* Strive for the comprehensive development of all children up to 6 years of age, providing them with pre-primary education.
Implementation of Directive Principles:
* To utilize the country's wealth for the collective benefit of all the people, our country is following a planned economy.
* Monopolies and Restrictive Trade Practices (MRTP) Acts were enacted to prevent the concentration of wealth in the hands of a few individuals.
* Steps were taken to prevent inequalities from increasing by imposing income taxes on the rich.
* Land reform laws, the nationalization of banks in 1969, and the abolition of privy purses in 1970 were introduced as reforms.
* The Equal Remuneration Act of 1976 and the Minimum Wages Act were introduced.
* The ICDS - Integrated Child Development Scheme was launched for the comprehensive development of children.
* To provide free legal aid to the people, the Legal Services Aid Authority was established in 1987.
* By establishing Panchayati Raj institutions in 1957, local self-governing bodies were formed.
* The 73rd and 74th Constitutional Amendments of 1992 gave constitutional status to Panchayati Raj institutions and urban local bodies.
* The Food for Work scheme was introduced to provide livelihood, and in 2006, the NREGP scheme was introduced.
* West Bengal and Haryana introduced a scheme to provide unemployment benefits.
==Page 13==
* For the development of small-scale and cottage industries, the Khadi Board, Silk Board, Coir Board, National Textiles Corporation, etc., were established.
* To establish the importance of primary education, Operation Black Board scheme in 1987 and Sarva Shiksha Abhiyan in 2002 were introduced.
* Although intoxicants are banned in India, there are differences between states regarding the prohibition of alcohol.
* Gujarat was the first state in our country to ban alcohol.
* Andhra Pradesh banned alcohol for the first time in 1954 and again in April 1994.
* The ban was reinstated in 1996.
* Through the first Constitutional Amendment, Article 15(4) was added to the Constitution, providing reservations for SCs and STs in educational institutions.
* Reservations are also being implemented in jobs through Article 16(4).
* The Bihar state government's law to ban cow slaughter in 1954 was upheld by the Supreme Court in the Hamid Qureshi Vs Bihar Government case.
* To separate the judiciary from the executive branch and to give independent status to the judiciary, CRPC - Criminal Procedure Code was introduced.
* 44th Article - Common Civil Code has not yet been introduced in India.
* In the Sarla Mudgal and Others Vs Union of India case, the Supreme Court, in 1992, recommended to the Central Government to implement a Common Civil Code.
* The Supreme Court has recommended to the Central Government 5 times to implement a Common Civil Code.
* Goa is the only state in our country that has a Common Civil Code.
* In the Shah Bano case, the Supreme Court stated in 1985 that Muslim women should also be paid maintenance in case of divorce.
* In 1986, the Rajiv Gandhi government introduced the Muslim Women's Marriage, Divorce and Rights Act.
* Article 51 contains principles that explain India's foreign policy. Based on these, our country has adhered to the Panchsheel agreement and followed a non-aligned policy.
----------------- PAGE 14 -----------------
Characteristic features:
→ They reflect the idea of a welfare state and the concept of well-being.
→ They are intended for the collective benefit of society.
→ They were designed to promote economic democracy.
→ They serve as guidelines for the central and state governments.
→ The responsibility for implementing Directive Principles rests with the central and state governments.
→ Directive Principles are not justiciable (i.e., not enforceable by courts).
→ These guidelines will help to create new laws.
→ These principles serve as a yardstick to measure the government's performance.
→ Even though these principles lack legal protection, they have popular consent and social support. Governments cannot afford to ignore them, according to Alladi Krishnaswamy Ayyar.
→ "Directive Principles have considerable educational value and contribute to the ethical conduct of governments' work." - H.J. Laski
→ "The Directive Principles are not just for temporary benefit but are incorporated into our Constitution with a long-term vision, a distant goal. Our constitution makers' wisdom and foresight are embedded in these principles." - K.M. Munshi
→ "The Directive Principles are not to be taken for granted" - H.J. Kania (1st Chief Justice of India)
Critical Review:
→ "The Directive Principles are like beautiful objects arranged in showcases. They are of no practical use to the people. They will only have significance when they are legally enforceable." - K. Santhanam (Member of the Constituent Assembly)
→ "The Directive Principles enshrined in the Constitution are vague, inconsistent, and impractical. Their implementation depends on the 'mercy of the people in power'." - Sir Ivor Jennings
→ "The Directive Principles in the constitution are unclear and not practical. People have to depend on the *mercy* of governments for their implementation." - M.R. Srinivasan
→ "The directives are like a cheque on a bank, payable only when the resources of the bank permit." - Prof. K.T. Shah
→"Implementation of policies depends upon the willingness of the government."- D.D.Basu
→ "These Directive Principles are like resolutions made on the night before New Year's Day, to be broken the next day." - Nasiruddin
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Relationship between Fundamental Rights and Directive Principles:
→ When a person seeks liberty under Article 21, if they are detained, the Directive Principles in Article 39(A) provide for free legal aid, thus protecting their individual freedom.
→ Reservations for socially, economically, and educationally backward classes, as per Article 46, are supported by Articles 15(4), 15(5), and 16(4) of the Fundamental Rights.
→ Article 39 states that wealth should not be concentrated in the hands of a few. To achieve this, Articles 31(A), 31(B), and 31(C) provide special protections.
→ To establish equality before the law, as per Article 14, a system providing social, economic, and political justice, as mentioned in Article 38, must be created.
→ The effort in Article 45 regarding primary education for all is given a backing by article 21(A) in Fundamental rights.
Fundamental Rights | Directive Principles
---------------------------------------------------|---------------------------------------------
1. Taken from the American Constitution. | 1. Taken from Ireland.
2. Part 3, Articles 12-35. | 2. Part 4, Articles 36-51.
3. Intended for individual freedom and liberty | 3. Intended for the collective welfare of society.
(i.e., established on an individual basis). |
4. For individual liberty and establishing | 4. For establishing economic democracy.
political democracy. |
5. Predominantly *negative* in nature | 5. Predominantly positive in nature. They tell
(i.e., they tell the central and state | the central and state governments *what to do*.
governments *what not to do*). |
6. Their protection rests with the higher | 6. Their implementation depends on the
judiciary. | government.
7. They have legal protection. | 7. They do not have legal protection.
8. The government does not need to make | 8. The government *must* make laws to
special laws for their implementation. | implement them.
9. They can be suspended during a national | 9. They are always in a state of dormancy.
emergency. |
10. These serve as *tools* to achieve the | 10. These *define* the constitutional goals.
constitutional goals. |
----------------- PAGE 16 -----------------
11. Available at all times and in all systems. | 11. Available only according to the government's financial capacity.
**Constitutional Amendments and Supreme Court Judgments on the Relationship between Fundamental Rights and Directive Principles:**
* In implementing a Directive Principle, the Madras government provided reservations in educational institutions for SCs and STs. The Supreme Court struck down this law in the *Champakam Dorairajan* case.
* In the *Kameshwar Singh Vs. State of Bihar* case, the Supreme Court struck down land reform laws and laws abolishing zamindars, as they violated property rights (related to Directive Principles).
* The First Constitutional Amendment protected laws made for implementing Directive Principles.
* In the *Shankari Prasad Vs. Union of India* case, and *Sajjan Singh Vs. State of Rajasthan* case, the Supreme Court upheld the 1st and 4th amendments made by the parliament.
* In the 1967 *Golaknath* case, the Supreme Court gave precedence to Fundamental Rights, stating that Parliament did not have the power to amend Fundamental Rights to implement Directive Principles.
* In 1969, regarding bank nationalization, and in 1970, regarding the abolition of privy purses, the Supreme Court prioritized Fundamental Rights, declaring that government laws made to enforce directive principles are in valid.
* The 24th Amendment in 1971 stated that Parliament had the power to amend any part of the Constitution, including Fundamental Rights, to implement Directive Principles.
* 25th Amendment: When the government nationalizes any property while implementing Directive Principles, the compensation is determined by Parliament, and these laws cannot be challenged in court.
* 26th Amendment: Provided constitutional validity to the abolition of privy purses.
* In the 1973 *Kesavananda Bharati* case, the Supreme Court upheld the 24th Amendment. This case implied the precedence of Directive Principles.
* In 1976, the Indira Gandhi government, through the 42nd Amendment, prioritized Directive Principles.
*The 42nd amendment added 4th section to Article 368. According to it, if the government ammend constitution to implement directive principles, then the ammendment can not be challenged in court.
* In 1980, the *Minerva Mills* case, the SC tried to create a balance between Fundamental Rights and Directive Principles
*The SC stated that the Fundamental Rights and DPSPs are like two wheels of democracy.
----------------- PAGE 17 -----------------
* A.N.B., A.N. Grover, and other judges described Directive Principles as defining the goals of the Indian Constitution, while Fundamental Rights are the ways and means to achieve those goals.
* Only to implement some of the directive principles mentioned in Article 39, there will be legal support and it will not be applicable to every issue.
* In the *Mohini Jain Vs. Karnataka government* and *Unnikrishnan Vs. AP government* cases, the Supreme Court upheld Directive Principles by stating that the government has a responsibility to provide basic education.
* In the *Indira Sawhney Vs. Union of India* (regarding the 93rd Constitutional Amendment) and *P.A. Inamdar Vs. State of Maharashtra* cases, the Supreme Court upheld reservations for OBCs.
*M.C Chagla said that,"If Central, state govenment implement with honesty, this country will soon become paradise"
*Dr. B.R. Ambedkar Said,"Directive Principles of State Policy have great value because they lay down that our ideal is economic democracy.
**2008, Group-2 Questions [1 UNIT]**
1. Which judgment recognized the Preamble as part of the Constitution?
1. Kesavananda Bharati, 2. Golak Nath, 3. S.R. Bommai, 4. Minerva Mills
2. The concepts of liberty, equality, and fraternity in the Preamble were taken from the — Revolution.
1. French, 2. Russian, 3. American, 4. None
3. The words "socialism" and "secularism" were added to the Constitution by the — amendment.
1. 44, 2. 40, 3. 38, 4. 42
4. Which article of the Indian Constitution states, 'Untouchability is abolished'?
1. Article 18, 2. Article 14, 3. Article 17, 4. Article 33
5. Which of the following was written by Granville Austin?
1. Introduction to the Study of the Law of the Constitution
2. The Indian Constitution - Corner Stone of a Nation
3. Some Characteristics of the Indian Constitution
4. Modern Constitutions
6. Which part of Indian Constitution contains Fundamental Rights?
1. III , 2. II, 3.IV, 4. I.
----------------- PAGE 18 -----------------
7. Which article of the Indian Constitution states, 'The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India'?
1. 21, 2. 18, 3. 14, 4. 22
8. In which year was basic education made a Fundamental Right through the 86th Amendment?
1. 2000, 2. 1998, 3. 2004, 4. 2002
9. What does 'Quo Warranto' mean?
1. Habeas Corpus, 2. By What Authority, 3. Mandamus, 4. Certiorari
10. When Parliament passed the Maintenance of Internal Security Act (MISA), who was the Prime Minister of India?
1. Indira Gandhi, 2. Rajiv Gandhi, 3. V.P. Singh, 4. P.V. Narasimha Rao
11. Right to Property - was removed by the — Constitutional Amendment.
1. 42, 2. 40, 3. 43, 4. 44
12. Who wrote "Introduction to the Constitution of India"?
1. M.V. Pylee, 2. H.J. Laski, 3. D.D. Basu, 4. B.R. Ambedkar.
13. Who said, "Directive principles are meant to aid by setting long-term goals, rather than focusing on immediate concerns."
1.K.M Munshi 2. Panikkar. 3. Austin, 4. B.N Rao.
14. The year in which protection and development of the environment and forests and wildlife were included in FR?
1. 1978 2. 1976, 3. 1983, 4. 2004.
15. Which commission recommended that a separate chapter for Fundamental Duties should be included in the Constitution?
1. Sarkaria, 2. Rajamannar, 3. A.R.C, 4. Swaran Singh
16. Pingali Venkayya designed the tricolor flag, what is his hometown?
1. Vadodara, 2. Srikakulam, 3. Machilipatnam, 4. Tirupati
17. The Russian Revolution (1917) provided — ideas to the Preamble of the Indian Constitution.
1. Social, economic, and political justice
2. Liberty, equality, and fraternity
3. Freedom of expression and belief
4. Equality of status and opportunity
18. The Fundamental Rights in the Constitution can currently be divided into — groups.
1. 7, 2. 8, 3. 6, 4. 5
19. Education is present in which list of the Indian Constitution?
1. Union, 2. State, 3. Concurrent, 4. Local
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20. In which year was the Terrorist and Disruptive Activities (Prevention) Act, known as TADA, introduced?
1. 1971, 2. 1974, 3. 1980, 4. 1985
21. Secularism is a fundamental feature of the Constitution, and this was decided by a nine-judge bench of the Supreme Court in which case?
1. S.R. Bommai Vs. Union of India
2. Indra Sawhney Vs. Union of India
3. Minerva Mills Vs. Union of India
4. Kesavananda Bharati Vs. Union of India
22. Which among the following is not a state
1.Mizoram, 2. Arunachal Pradesh, 3. Pondicherry, 4.Goa
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