Posts

Basic Structure of Constitution [Polity for UPSC]

  INTRO -> Doctrine of Basic Structure examines the validity of > Constitutional Amendment > Ordinary Law > Ordinance -> Objective > To maintain the constitutional superiority > To sustain a balance between the three organs of the State ______________________ EMERGENCE OF THE BASIC STRUCTURE -> Shankari Prasad Case(1951) > SC ruled that the power of the Parliament to amend the Constitution under Article 368 also includes the power to amend Fundamental Rights -> Golaknath vs. State of Punjab, 1967 > SC ruled that the Fundamental Rights are given a ‘transcendental and immutable’ position and hence, the Parliament cannot abridge or take away any of these rights -> 24th Amendment Act(1971) > Constituional amendment  act will not be a law under the meaning of Article 13 -> Kesavananda Bharati vs. State of Kerala, 1973 > SC overruled its judgment in the Golak Nath case (1967) and upheld the validity of the 24th Amendment Act(1971)  > Laid down

Amendment of the Constitution [Polity for UPSC]

  INTRO -> Amendment means modification > Addition > Deletion > Modification -> Part XX, Article 368 -> Parliament has the sole authority to amend the constitution -> Concept taken from South Africa _______________________ METHODS OF AMEND THE CONSTITUTION -> Article 368 provides for 2 types of amendments > By special majority > By special majority + consent of atleast half the state by simple majority -> Amendment with simple majority is mentioned outside the purview of Article 368 _______________________ MEANING OF MAJORITY -> Simple majority - 50% of the members present and voting -> Special majority - Majority of 2/3rd members present & voting + more than 50% of the total strength -> Parliament + State - special majority of the Parliament + Ratification by at least half the states legislatures _______________________ PROCEDURE FOR AMENDMENT 1. Introduction of the Bill – Bill for amendment can be introduced- in either house (Lok Sabha or

Fundamental Duties [Polity for UPSC]

  INTRODUCTION -> Article 51A of Part IV A  -> Added on the recommendation of Swaran Singh Committee (1976) -> Borrowed from USSR -> Added by 42nd Amendment -> 11th FD was added by 86th Amendment _______________________ FEATURES OF FDs -> Moral and Civic duties -> Only applicable to citizens -> Highlights values of Indian traditions, religion, practices and mythology -> Non-justiciable -> Parliament can enforce them with legislation -> No legal sanctions  _______________________ TRICK TO REMEMBER F - Flag S - National Struggle S - Sovereign D - Defense H - Harmony H - Heritage E - Enviornment S - Scientific Temper P - Public Property E - Excellence _______________________ SIGNIFICANCE  -> Serve as reminder to citizens -> Deter anti national and antisocial activities -> Inspire citizens towards nation building and discipline -> Realisation of national goals -> Help courts in examining constitutional validity of laws: may consider some laws

Directive Principles of State Policy [Polity for UPSC]

  INTRO DPSP - Art. 36-51 - Part IV ______________________ CHARACTERISTICS OF DPSP's -> Ideals to be followed by the State -> Limitation on arbitrary exercise of power -> Non-Enforceable -> Not legal but 'political' and 'moral' in nature -> Comprehensive Coverage (economic, social and political) -> Amplification of Preamble -> Moral Obligation -> Estalish a Welfare State _______________________ CLASSIFICATION AND DETAILS OF DIRECTIVE PRINCIPLES 1. SOCIALISM -> Establish a Welfare State  -> Provides social justice -> Provide Economic Justice -> Minimize in-equalities -> Article 38, 39, 39A, 41, 42, 43, 43A, 47 -> Article 38 - State to secure a social order for the promotion of welfare of the people -> Article 39 - Certain principles of policy to be followed by the State -> Article 39A - Equal justice and free legal aid -> Article 41 - Right to work, to education and to public assistance in certain cases -> Article

Fundamental Rights - 2 [Polity for UPSC]

  RIGHT AGAINST EXPLOITATION ARTICLE 23 -> Prohibition of Human Trafficking -> Prohibition of Begar (Bonded labour - involuntary work without payment, also known as 'debt bondage') -> Prohibition of Forced Labour -> It is available both to citizens and non-citizens -> This article abolished Devadasi system -> Legislations > Immoral Traffic Prevention Act (ITPA), 1956 > Bonded Labor System (Abolition) Act, 1976 > Juvenile Justice (Care and Protection) Act, 2000 -> Article 23(2) states that State can impose compulsory service if there is a need for the same > Example - military service or social service _________________________ ARTICLE 24 -> It prohibits the employment of children in hazardous occupations. However, it does not prohibit their employment in harmless work -> Article 23 and 24 are complemented by Article 39(e) and 39(f) -> Available to all children regardless of citizenship status -> Legislations > The Child Labour (Pr