Indian Polity - Fundamental Duties, Directive Principles Implementation & Central Government
Features of Fundamental Duties (Continued)
- Fundamental Duties apply only to citizens.
- There is no special mechanism for the implementation of Fundamental Duties.
- Fundamental Duties are only advisory in nature.
- Courts cannot issue orders to follow Fundamental Duties.
- There is no authority to punish if Fundamental Duties are not followed.
- Some Fundamental Duties are moral responsibilities, and some are civic responsibilities.
- Some Fundamental Duties are taken based on India's ancient traditions, religious values, and mythology.
a) Fundamental Duties are enshrined in Part 4A of the Constitution.
b) There are a total of 11 Fundamental Duties.
c) Fundamental Duties are adopted from the Constitution of the former Soviet Union.
d) Fundamental Duties were incorporated into the Constitution through the 44th Constitutional Amendment.
Fundamental Duties 51 (A) (Total 11):
- To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
- To cherish and follow the noble ideals which inspired our national struggle for freedom.
- To uphold and protect the sovereignty, unity and integrity of India.
- To defend the country and render national service when called upon to do so.
- To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
- To value and preserve the rich heritage of our composite culture.
- To protect and improve the natural environment including forests, lakes, rivers, wild life and to have compassion for living creatures.
- To develop the scientific temper, humanism and the spirit of inquiry and reform.
- To safeguard public property and to abjure violence.
- To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
- Who is a parent or guardian, to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years. (Added in 2002)
Fundamental Duties - Critical Analysis:
- There are many criticisms of Fundamental Duties.
- The most important duties like paying taxes, family planning, voting in elections, etc., are not included in the Fundamental Duties.
- Fundamental Duties are only moral rules. There is no possibility of punishment if they are not followed.
- Some terms mentioned in Fundamental Duties are not clear. Ex: scientific temper, composite culture, research spirit, etc., do not have fixed meanings.
- Generally, Fundamental Duties are not part of the constitution in a democratic republic. It is a tradition to have them only in the constitution of totalitarian countries.
- It is not appropriate for a constitution that recognizes the people as sovereign to prescribe duties for them.
Fundamental Duties - Benefits:
- Even though Fundamental Duties are not legally enforceable, it is appropriate to include them in the Constitution. Because if only rights are recognized without duties, it leads to irresponsibility.
- Responsibilities without rights are a symbol of slavery. Therefore, rights and duties are mutually complementary. They are like the head and tail of the same coin.
Features of Fundamental Duties (Continued)
- Fundamental Duties, like Directive Principles, influence government policies and actions.
- Even if they are not practical, they constantly remind citizens of their moral responsibilities.
- The Supreme Court opined in 1992 that Fundamental Duties can be considered as reasonable restrictions on Fundamental Rights.
Fundamental Duties - Supreme Court Judgments:
- Shyam Narayan Chouksey Vs Union of India Case:
- In this case, the Supreme Court ruled that private individuals should not use the national flag for publicity.
- Bijoe Emmanuel Vs State of Kerala Case (1986):
- In this case, the Supreme Court ruled that it is not necessary to compulsorily sing the national anthem.
- Exemption from singing the national anthem is allowed if it is against their religious beliefs.
- However, it stated that everyone should stand in respect when the national anthem is sung.
- Naveen Jindal Vs Union of India Case (2004):
- It stated that hoisting the national flag comes under freedom of expression and that citizens have the right to freely hoist the flag.
Recommendations of Justice J.S. Verma Committee on Fundamental Duties:
The Justice J.S. Verma Committee is related to Fundamental Duties.
The Verma Committee was appointed in 1999.
It stated that the law enacted in 1971 regarding the protection and respect of the National Flag, National Anthem, and Indian Constitution is sufficient.
It also stated that some duties can be enforced through sections and laws in the Indian Penal Code.
The Verma Committee recommended that January 3rd of every year should be celebrated as Fundamental Duties Day.
NCC should be compulsorily introduced in all educational institutions.
Note: NCC (NCC) means National Cadet Corps.
- NCC Headquarters New Delhi.
- Year NCC was established 1948.
- Committee that recommended to establish NCC Pandit Hridaynath Kunzru.
- NCC Motto (Motto) Unity and Discipline.
Fundamental Duties - Famous Quotes:
- “Fundamental Duties are merely decorative” - Justice K.P. Mukherjee.
- “Rights and duties are two sides of the same coin” - D.D. Basu.
- “Fundamental Duties are irrelevant and confusing” - Nani Palkhivala.
- “Just as the implementation of Directive Principles depends on the government's sincerity, the implementation of Fundamental Duties depends on the sincerity of individuals” - Durgadas Basu.
- “The main qualification to enjoy rights is to have duties” - Mahatma Gandhi.
* Laws to enforce Fundamental Duties:
- * Protection of Civil Rights Act - 1976
- * Representation of the People Act - 1951
- * Unlawful Activities (Prevention) Act - 1967
- * Wildlife Protection Act - 1972
- * Forest Conservation Act - 1980
8. Central Government
(CENTRAL GOVERNMENT)
Part V of the Constitution, Articles (52-151) describes about the Central Government.
The government performs its functions through three branches of government.
They are:
- Executive Branch
- Legislative Branch
- Judiciary Branch
List -1
A) Chief Minister
B) President of India
C) Vice-President
D) Governor
List -2
1) Head of the Nation
2) Head of State Government
3) Constitutional Head of State
4) Chairman of Rajya Sabha
1) Executive Branch (52-78):
Implements the laws enacted by the legislature. Those who come under the purview of the executive branch:
- President
- Vice President
- Prime Minister
- Council of Ministers
- Attorney General
- Other employees
2) Legislative Branch (79-123):
According to the Constitution, it is the duty of this branch to make, amend, and repeal the laws necessary for the country. In India, the legislative branch is called Parliament. Parliament means:
- Lok Sabha
- Rajya Sabha
- President
3) Judiciary Branch (124-147):
The judiciary is there to protect and interpret the Constitution. At the central level, the highest judicial system is the Supreme Court.
President
The Indian Constitution follows a parliamentary form of government.
In a parliamentary government, there are two types of executive heads:
- President (De Jure)
- Prime Minister (De Facto)
President: Nominal Executive Head
- Constitutional Head
- First citizen of the country
- Head of State
- Head of the Nation
- Commander-in-Chief of the three armed forces
- Position comparable to the British Crown.
- Government authority is exercised in the name of the President.
Note: Ram Jawaya Vs State of Punjab case (1955) clarified that the President is the Head of State and the Prime Minister is the Head of Government.
Article 52:
There shall be a President of India.
Article 53:
The President is the supreme executive authority. The President shall exercise his executive functions either directly or through officers subordinate to him.
53(2):
Supreme commander of the three armed forces.
"President is the chief executive officer in India"
Presidential Rank
- Post equivalent to the President in India
- Governor General
- Vice President
- Council of Ministers
- Attorney General
- Other employees
Article 54: President, Vice-President Election Act was made in 1952.
There is a special electoral college to elect the President.
a) Elected members of Puducherry Legislative Assembly
b) Elected members of Jammu and Kashmir Legislative Assembly
c) Nominated members to the Rajya Sabha
d) Elected members to the Legislative Council of a state
Members in the Presidential Electoral College:
- Elected members of both Houses of Parliament = 776
Note: Non-elected (nominated) members are not members of the electoral college.
- Elected members of State Legislative Assemblies = 4036
Note: Anglo-Indians nominated by the Governor and members of the Legislative Council (MLCs) are not members of the electoral college.
- Legislators of Delhi (70) and Pondicherry (30) = 100
Note: Union Territories with Legislative Assemblies - Puducherry, Jammu & Kashmir. Since the 70th Constitutional Amendment of 1992, legislators of Delhi and Pondicherry are also considered members of the electoral college. Recently, Jammu & Kashmir has also become a Union Territory with a Legislative Assembly.
Year in which Union Territories exercised voting rights in Presidential elections - 1997 (In the Presidential election of K.R. Narayanan)
Article 55: Election Method
Currently, presidential elections are being conducted based on the 1971 population census.
Proportional Representation System:
This method used in the election of the President of India is adopted from Ireland. In this method:
MLA Vote Value = (State Population / Total Elected MLAs) * (1/1000)
- Andhra Pradesh MLA Vote Value 159. (Increased from 148)
- Telangana MLA Vote Value - 132
- State with Highest MLA Vote Value - Uttar Pradesh (208).
- State with Lowest MLA Vote Value - Sikkim (7).
MP Vote Value = (Total Vote Value of all State MLAs / Total Elected Parliament Members)
- MP vote value is the same across the country.
- One MP Vote Value = 708
- Total MP Vote Value in the country = Total MLA Vote Value.
- Total number of MLAs in the country 4120, Number of Parliament members 776.
Single Transferable Vote (STV) Method:
This is also called Proportional Voting System (or) Hare System (or) Andre System.
In the Presidential election, to be declared the winner, it is mandatory to get quota votes.
Quota means more than 50% of the total valid votes polled. If no candidate gets more than 50% quota votes, the second preference votes of the candidate with the lowest votes in the contest are transferred to the other candidates in the contest.
In 1969, the President who won through second preference votes - V.V. Giri.
1969 Presidential Election
| Candidate | First Preference Votes | Second Preference Votes | Total Votes |
|---|---|---|---|
| 1) V.V. Giri | 44% | + 7.2% | 51.5% |
| 2) Neelam Sanjiva Reddy | 42% | + 6.3% | 48.5% |
| 3) C.D. Deshmukh | 13.5% | - | - |
Indirect Election:
Note: H.V. Kamath and K.T. Shah suggested direct election but indirect method was chosen.
Some Important Points Related to Presidential Election
- Presidential election cannot be postponed for the reason that any legislative assembly is dissolved or Parliament seats are vacant. Election can be held with those who are present.
- Members of the electoral college who are suspended can also vote in the presidential election.
- Body conducting Presidential election - Central Election Commission.
- Body resolving Presidential election disputes - Supreme Court.
- Candidates contesting as Presidential candidates (or) members of the electoral college (with support of at least 25 members) only can challenge the Presidential election.
- Even if the court rules that the Presidential election is invalid, the decisions taken by him as President will be valid.
- Whip is not issued in Presidential elections.
Note: Whip applies only to legislatures.
Lok Sabha Secretary General / Rajya Sabha Secretary Generals act as Returning Officers for Presidential elections on a rotational basis.
Returning Officer for the 15th Presidential election held in 2017 - Anoop Mishra (Lok Sabha Secretary General)
Current President Ram Nath Kovind (14th President).
Electoral College Vote Value of Presidential Election = 10,98,903 (5,49,408 + 5,49,408)
Presidential Election 2017 Candidate Votes Obtained –
| Candidate | Votes | Value | Percentage |
|---|---|---|---|
| Ram Nath Kovind | 2,930 | 7,02,044 | 65.65 |
| Meira Kumar | 1,844 | 3,67,314 | 34.35 |
| Total Votes | 4,896 | 10,98,882 | 100 |
Article 56: Term of Office
Term of office is 5 years from the day of taking oath. Current President took oath on July 25, 2017.
The President shall submit his resignation to the Vice President. Afterwards, inform the Lok Sabha Speaker.
If the post of Vice President is vacant, the President shall submit his resignation to the Chief Justice of the Supreme Court. If that post is also vacant, it can be given to the Senior Judge of the Supreme Court. But the resignation letter should be addressed to the Vice President only.
Presidential vacancy arises if the President resigns, or is removed, or dies in the middle of his term.
If a vacancy arises in the post of President, the Vice President may act as temporary President. If the post of Vice President is also vacant at that time, the Chief Justice of the Supreme Court may act as temporary President.
In case of death / removal / resignation of the President, new Presidential elections should be held within 6 months.
Note: In 1969, after the death of Zakir Hussain, the then Vice President V.V. Giri acted as temporary President.
* If V.V. Giri also resigned due to contesting in the Presidential election, then the then Chief Justice of the Supreme Court Justice Hidayatullah acted as temporary President.
Even after the term of office expires, the President may continue in his office until the new President takes office. This is called 'Interregnum'.
1) Justice S.M. Sikri
2) Justice K. Subbarao
3) Justice M. Hidayatullah
4) Justice P.N. Bhagwati
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