Lecture No.

- 03

Polity
Directive Principles of State Policy
& President, vice president,
Prime minister, CAG
By-PRATHMESH
Faculty Name
SIR
1

4
 Sapru Committee Report
1945
Non Justiciable
Justiciable Rights
Rights

❖ Fundamental ❖ Directive Principle

Rights of State Policy
 What is DPSP ?

These principles aim at ensuring socioeconomic justice to

the people and establishing India as a Welfare State.
 Part IV

Non
Article 36 – 51
Enforceable

Irish
Constitution
✓ Dr. B.R. Ambedkar, the Directive
Principles of State Policy is a ‘novel
feature’ of the Indian Constitution.
According to Prof. K T Shah, the Directive
Principles of State Policy are like a cheque on
a bank payable at the convenience of the
bank.
What are the ideals that a state must keep in mind
while framing policies called?

a. Fundamental Rights

b. Directive Principles of State Policy

c. Gandhian Principles

d. Socialism
 Directive Principles of State Policy

Socialist Gandhian Liberal

Principle Principle Principal

38,39,41,42, 40,43,43B,46, 44,45,48,48(A)

43,43(a),47 47,48 ,49,50,51
 Article 36

▪ Definition—In this Part, unless the context otherwise requires,

“the State” has the same meaning as in Part III.

▪ They are an ‘instrument of instructions’ which are enumerated

in the Government of India Act, 1935.
 Article 37

▪ The provisions contained in this Part shall not be

enforceable by any court, but the principles therein laid
down are nevertheless fundamental in the governance of the
country and it shall be the duty of the State to apply these
principles in making laws
 Article 38

▪ The State shall strive to promote the welfare of the

people by securing and protecting a social order
by ensuring social, economic and political justice and
by minimizing inequalities in income, status, facilities and
opportunities.
 Article 39
The State shall in particular, direct its
policies towards securing

▪ Right to an adequate means of livelihood to all the citizens.

▪ The ownership and control of material resources shall be organized
in a manner to serve the common good.
▪ The State shall avoid concentration of wealth in a few hands.
▪ Equal pay for equal work for both men and women.
▪ The protection of the strength and health of the workers.
▪ Childhood and youth shall not be exploited.
 Article 39(a)
Added by 42nd constitution amendment
1976

➢ Equal justice and free legal aid

When and which committee suggested the justiciable and
non justiciable types of Rights?

a) Sapru Committee

b) Balwant Rai Mehta Committee

c) Bhurelal Committee

d) None of the above

 Article 40
➢ Organization of village panchayats.
 Article 41

To secure the right to work, to education and to

public assistance in cases of unemployment, old age,
sickness and disability.
 Article 42
The State shall make provision for securing just and humane
conditions of work and for maternity relief.
 Article 43
• The State shall endeavor to secure to all workers a living wage
and a decent standard of life

• Promote cottage industries on an individual or co-operative

basis in rural areas.
 Article 43(a)
Added by 42nd constitution amendment
1976

The State shall take steps to secure the participation

of workers in the management of industries.
 Article 43(b)
To promote voluntary formation, autonomous functioning,
democratic control and professional management of
cooperative societies.

The Ninety-Seventh Amendment Act of 2011

 Article 44

▪ The State shall endeavor to secure for the citizens a

uniform civil code throughout the territory of India.
 Article 45
▪ The State shall endeavor to provide early childhood care and
education for all children until they complete the age of six years.
Which of the following articles consists of equal pay for equal
pay for equal work for men and women?
a) Article 31

b) Article 39A

c) Article 41

d) Article 39
 Article 46

▪ The State shall promote educational and economic

interests of the weaker sections of the people
particularly that of the Scheduled Castes (SCs),
Scheduled Tribes (STs) and other weaker sections.
 Article 47

The State shall take steps to improve public health and

prohibit consumption of intoxicating drinks and drugs that
are injurious to health.
 Article 48

animal husbandry on modern and scientific lines

prohibiting the slaughter, of cows and calves and other

milch and draught cattle.
 Article 48(a)
Added by 42nd constitution amendment
1976

Protection and improvement of environment and

safeguarding of forests and wild life.
Article 49

The State shall protect every monument or

place of artistic or historic interest.
 Article 50

▪ The State shall take steps to separate judiciary from the

executive in the public services of the State.
The concept of Welfare State is included in the Constitution
of India in the-

a) Directive Principles of State Policy

b) Fourth Schedule of the Constitution

c) Preamble Rights of the Constitution

d) Fundamental Rights
 Article 51
➢ Promotion of international peace and security

▪ Promote international peace and security

▪ Maintain just and honorable relations between nations
▪ Foster respect for international law and treaty obligations in the
dealings of organised peoples with one another
▪ Encourage settlement of international disputes by arbitration.
 42nd Amendment and DPSP
▪ It introduced certain changes in the part-IV of the Constitution by
adding new directives
▪ Article 39A: To provide free legal aid to the poor.
▪ Article 43A: Participation of workers in management of Industries.
▪ Article 48A: To protect and improve the environment.
Directive Principles of State Policy are -

a) Justiciable

b) Non-justiciable

c) Fundamental Rights

d) None of the above

President is the Constitutional head of the state

He is the first citizen of India

Part V
 Qualification To Be President Of India

Article
58

Qualified for election A citizen of India &

as a member of the Cant Hold any office
House of the People of Profit

35 years
▪ The President shall not be a member of either House of
Parliament or of a House of the Legislature of any State, and if a
member of either House of Parliament or of a House of the
Legislature of any State be elected President, he shall be
deemed to have vacated his seat in that House on the date on
which he enters upon his office as President.
 Election Of President Of India (Article 54)

Indirect election

1. The elected members of both Houses of Parliament.

2. The elected members of the Legislative Assemblies of the States.

3. Legislative Assemblies of the Union Territories of Delhi, Jammu & Kashmir and
Puducherry (Since 1992 through 70th Constitutional Amendment Act).
Any Disputes Regarding the Election of the
President are challenged in Supreme Court of India.
 Manner of Election (Article 55)

▪ Secrete ballot system

▪ Party cant issue whip

Single Transferable Voting System

Single Transferable Voting System
Oath - In presence of the Chief Justice of India or, in his absence,
the senior-most Judge of the Supreme Court (Article 60).

➢ Term of office - (Article 56)

▪ 5 years
▪ Give resignation to Vice - President.
▪ Removed by impeachment.

▪ Eligible for re-election (Article 57).

Impeachment Of President (Article 61)

▪ All the members of the parliament (elected + nominated)

▪ No president impeached so far.

violation of the Constitution

Process Of Impeachment
 Impeachment Of President (Article 61)

▪ Can be started from any house of the parliament

▪ The notice bearing the charges against the president must be signed by at
least 1/4th of the members of the house.

▪ 14 days Notice should be given

▪ The resolution to impeach the president must be passed by a special

majority (two-thirds) of total strength in the originating house.
▪ The other house acts as the investigating house . A select committee is
formed to investigate the charges labelled against the president.

▪ The President of India has the right to defend himself through

authorized counsel.

▪ After the investigation by the select committee, if the other house also
passes the resolution by a two-thirds majority, the President of India
stands impeached,
Process Of Impeachment
What is the minimum age for the eligibility to
be a Presidential candidate?

a) 30
b) 28
c) 21
d) 35
Veto Power Of President (Article 111)
 Veto Power Of President (Article 111)

Absolute Veto Pocket Veto Suspensive Veto

 Absolute Veto

▪ President withholds his assent to a bill

▪ Bill will reject and cant become an Act

❖ 1954 - Dr Rajendra Prasad on PEPSU bill

 Suspensive Veto

▪ When he returns the bill for reconsideration

▪ If the Parliament resends the bill with or without amendment

to the Indian President, he has to approve the bill without
using any of his veto powers.

▪ Can’t do it in relation to a money bill.

 Pocket Veto
▪ Not Accept or Reject The Bill

▪ Keeps the bill for an indefinite period of time (USA 10)

▪ Can’t do it with relation to constitution Amendment Bill (24th

constitution amendment act 1971).

▪ 1986 - Zail Singh (Indian post office bill).

 Judicial Powers

▪ Appoints Chief Justice and Judges of the Supreme Court and High
Courts.

▪ Can seek Advice from Supreme Court on any question of law.

▪ Pardoning Powers.
Pardoning Powers Of President (Article 72)
Council of Ministers
(Home Ministry)
 Pardon
▪ It removes both the sentence and the conviction and completely
absolves the convict from all sentences, punishments, and
disqualifications.
Commutation

▪ It denotes the substitution of one form of punishment for a lighter

form. For example, a death sentence may be commuted to life
imprisonment, which in turn may be commuted to simple
imprisonment.
Remission

▪ It implies reducing the period of a sentence without changing its

character. For example, a sentence of rigorous imprisonment for two
years may be remitted to rigorous imprisonment for one year.
 Respite

▪ It denotes awarding a lesser sentence in place of one originally

awarded due to some special fact, such as the physical disability of a
convict or the pregnancy of a woman offender.
 Reprieve

▪ It implies a stay of the execution of a sentence(especially that of

death) for a temporary period. Its purpose is to enable the convict to
have time to seek pardon or commutation from the President.
What are the maximum number of terms that a person can
hold for the office of President?

a) 2 terms
b) No limit
c) Single term
d) 3 terms
 Executive Powers
The President appoints:

▪ The Prime Minister and other Ministers

▪ The Attorney-General of India determines his remuneration.

▪ The Governors of the States.

▪ Comptroller and Auditor General of India, Chief Election Commissioner and other
Election Commissioners, Chairman and members of the Union Public Service
Commission, and Finance Commission of India chairman and members Judges of
High Courts and Supreme Court.
 Executive Powers
▪ National Commissions of Scheduled Castes, Scheduled Tribes, Other Backward Classes
as well as a commission to report on the administration of the Scheduled Areas, a
commission on official Language and Special officer for Linguistic minorities.

▪ He can declare any area as a scheduled area and has powers with respect to the
administration of scheduled areas and tribal areas.

▪ He appoints an inter-state council to center-state and inter-state cooperation.

▪ All executive actions are taken by his name.

 Financial Powers

▪ He has control over the Contingency Fund of India to meet unforeseen

expenses like Flood, Drought, War etc.

▪ His prior recommendation is a must in the introduction of the money

bill and financial bill in the Parliament.

▪ The President of India constitutes the Finance Commission after every

five years.

▪ “Annual financial statement” (Article 112).

 Military Powers

▪ He has the power to declare war and peace but his military power is
subject to the regulation of law.

▪ He supreme commander of the armed forces.

▪ He appoints the Chief of the Army, Chief of the Navy and Chief of the
Air Force.
 Discretionary Powers

▪ Although the Constitution after the 42nd Amendment Act made it mandatory or
obligatory for the President to act on the advice of the Council of Ministers, even
then, the practice of parliamentary governance created some circumstances when
the President had to act as per his own wisdom, sense of justice and discretion.

▪ When no single party has a majority in the election of Lok Sabha or due to the
sudden death of the incumbent Prime Minister then the President can use his
discretion to appoint the Prime Minister.
Vice President (Article 63)

▪ Article 63 of the Indian Constitution mentions the post of Vice -

President.

▪ American model.

▪ Second in Rank
 Eligibility
➢ Article 66
▪ Is a citizen of India.

▪ 35 Years

▪ He is qualified to be elected as a
member of the Rajya Sabha

▪ Should not hold any office of profit.

 Election

➢ Article 66

▪ Indirect (Single transferable vote).

Members of LS + RS
Elected + Nominated

▪ Dispute decided by SC.

 Oath And Term Of Office

▪ By the President of India (Article 69).

▪ Vice president should not be a member of

any house.

▪ five years (Article 67)

▪ Eligible for re-election

 Removal Of Vice President
a. Resign to President

b. A Vice - President may be removed from his office by a resolution of the Council of
States passed by a majority of all the then members of the Council and agreed to by
the House of the People; but no resolution for the purpose of this clause shall be
moved unless at least fourteen days’ notice has been given of the intention to move
the resolution.

c. A Vice - President shall, notwithstanding the expiration of his term, continue to hold
office until his successor enters upon his office.
▪ The Vice-President to be ex-officio chairman of the council of states (Article 64).

▪ The Vice-President to Act as president or to discharge his functions during casual

vacancies in the office, or during the absence, of the president for a maximum
period of six months (Article 65).
 Article Provisions
Article 63 The Vice - President of India.
Article 64 The Vice - President to be ex - officio chairman of the Council of States.
Article 65 The Vice - President to act as President or to discharge his functions during
certain conditions.
Article 66 Election of Vice - President.
Article 67 Term of office of Vice - President.
Article 68 Time of holding elections to fill vacancy in the office of Vice - President and the
tenure of elected person to fill casual vacancy.
Article 69 Oath or affirmation by the Vice - President.
Article 70 Discharge of President’s functions in other contingencies.
Article 71 Matters related to, or connected with, the election of a President of Vice -
President.
Comptroller And Auditor General Of India (CAG)

▪ Part V
▪ Office of the Accountant General was established
in 1858 (the year the British took over
administrative control of India from the East India
Company).
▪ In 1860 Sir Edward Drummond was appointed as
the first Auditor General.
▪ CAG is head of the Indian Audit and Accounts
Department and chief Guardian of Public purse.
Comptroller And Auditor General Of India (CAG)

Money Bill
CAG
PART V
Head of Indian
financial Department
Comptroller And Auditor General Of India (CAG)

CAG shall be the most

important officer under
the constitution of India.
Comptroller And Auditor General Of India (CAG)

▪ Article 148 broadly deals with the CAG

appointment, oath and conditions of
service.

▪ He is appointed by president of Indian.

▪
▪ Oath – President (3rd Schedule)

▪ Salary – 2nd Schedule

Eligibility

▪ 6 years or up to 65 years whichever is earlier

▪ Resign – President

▪ Can be removed same as judge of SC.

▪ The Comptroller and Auditor-General shall not be eligible for

further office either under the Government of India or under the
Government of any State after he has ceased to hold his office.
Duties And Powers (Article 149)

▪ The Comptroller and Auditor General’s (Duties, Powers and

Conditions of Service) Act, 1971.

▪ CAG audits the accounts related to all expenditure from the

Consolidated Fund of India, Consolidated Fund of each state
and UT’s having a legislative assembly.

▪ He audits all expenditure from the Contingency Fund of India

and the Public Account of India as well as the Contingency
Fund and Public Account of each state.
Duties And Powers (Article 149)

▪ He audits all trading, manufacturing, profit and loss accounts,

balance sheets and other subsidiary accounts kept by any
department of the Central Government and the state
governments.

▪ He audits the receipts and expenditure of all bodies and

authorities substantially financed from the Central or State
Revenues; Government Companies; other corporations and
bodies, when so required by related laws.
Duties And Powers (Article 149)

▪ Accounts of all government companies set up under the Indian

Companies Act, 1956.

▪ All stores and stock of all government offices or departments.

▪ He audits the accounts of any other authority when requested

by the President or Governor.

▪ CAG also acts as a guide, friend and philosopher of the Public

Accounts Committee of the Parliament.
CAG Report (Article 151)

▪ He submits his audit reports relating to the accounts of the

Centre to the President, who shall, in turn, place them before
both the houses of Parliament.

▪ He submits his audit reports relating to the accounts of a State

to the Governor, who shall, in turn, place them before the
state legislature.
CAG Office

➢ The Indian Audit and Accounts Department (IAAD) is headed

by the Comptroller and Auditor General of India.
1.CAG
2.Deputy CAG
3.Additional Deputy CAG
4.Directors General
5.Principal Directors
6.Directors/Deputy Directors
JAI HIND !