Outline

I. Introduction
II. Basic Principles and Features
III. Directive Principles of State Policy
IV. Critical Analysis
V. Secularism in India
VI. Federalism in India

I. Introduction
o Supreme Law of India
o B.R. Ambedkar is regarded as the chief architect.
o Adopted by the Constituent Assembly on 26 November, 1949
o Replaced by the Government of India Act 1935
o Dominion Status of India under the Independence of India Act 1947 was terminated.
II. Basic Principles and Features
o 1. Sovereign Democratic Socialist Republic
 Preamble declares it to be a sovereign democratic socialist republic.
 The words “secular” and “socialist” were added to the preamble in 1976 during
the emergency.
 Universal adult suffrage.
o 2. Federalism
 Federal in theory, unitary in practice.
 Center changed the boundaries of provinces in States Reorganization Act, 1956.
 The president can declare emergency in a state and assume its administration.
 The president appoints and dismisses the governor of a state.
o 3. Judicial Independence
 The constitution establishes a wall of separation.
 Annulment of the ordinances regarding Privy Purses and Banks Nationalization.
 Constitutional Supremacy over Parliamentary Supremacy.
 Limits parliament to legislate against the constitution.
 Basic Structure Doctrine
 In 1973, the basic structure doctrine was introduced with Justice Hans
Raj Khanna’s decisive judgement in the landmark decision of
Kesavananda Bharati v. State of Kerala.
o 4. Fundamental Rights
 Section III for the basic rights.
 A citizen can seek the protection of judiciary in case of violation of fundamental
rights.
 Constitution cannot be amended against the fundamental rights.
 Golaknath Case
o 5. Parliamentary form of Government
 Fusion of the legislative and the executive.
  President as the head of the state.
 PM as the chief executive.
 Lower house, Lok Sabha (543 members)
 Upper House, Rajya Sabha (250 members)
o 6. Socialist Welfare State
 Section IV designed for Directive Principles of welfare.
 State to uplift the underprivileged.
 State to play a key role in protection and promotion of economic and social
well-being of its citizens.
o 7. Secularism

III. Directive Principles of State Policy

 1. Introduction
o Fundamental obligations of state to its citizens.
o Section IV
o Bill of rights for governmental policy-making
o From the Constitution of Free Irish Republic
 2. Some important Directive Principles
o Article 39:
 A) Equitable distribution of resources to prevent accumulation in a few hands.
 B) Providing adequate resources for the livelihood of citizens.
 C) Health and Strength of the workers
 D) Equal pay for equal work for men and woman.
o Article 41-43
 A) Right to work
 B) A living wage
 C) Social Security and Maternity leaves
 D) Decent standard of living
 3. Importance of Directive Principles
o Check on the state
o Yardstick in the hands of public and opposition to measure the performance of a
government.
o Article 37 declares them fundamental to the performance and imposes obligation to
include them in the legislation.
 4. Critical Analysis
o Two thirds of people in India live in poverty: 68.8% of the Indian Population lives on less
than $2 a day.
o Over 30% even have less than $1.25 per day available – they are considered extremely
poor.
o Lower casts and women are particularly affected.
o Noam Chomsky, Gross level of income inequality
o Anudharti Roy’s Capitalism: A Ghost Story
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