Concept of Government and its Organs

Preamble
The Preamble means Introduction or Preface of the Constitution or essence of the
Constitution.
India borrowed Preamble from USA. The Preamble to the Constitution of India is based on the
Objectives Resolution drafted and moved by Pt Nehru and adopted by the Constituent
Assembly.
The idea of Justice, Social, Economic and Political have been taken from the Russian revolution
(1917).
The idea of Liberty, Equality and Fraternity have been taken from the French revolution (1789-
1799).
Amendment of the Preamble:
The Preamble can be amended under Art 368 or not, this question arose for the first time in
Keshavananda Bharti Case (1973). In this case, Supreme Court held that Preamble is the part
of the Constitution and can be amended, subject to the condition that no amendment is done
to the basic features of the Constitution.
The Preamble has been amended once so far, in 1976, by 42 nd Amendment Act, which added
three new words Socialist, Secular and Integrity. This amendment was held to be valid.

Fundamental Rights
1. Right to Equality (Art 14 18):
Equality before law.
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Equality of opportunity in matters of public employment.
Abolition of untouchability.
Abolition of titles.
2. Right to freedom (Art 19 21):
Protection of certain rights regarding freedom of speech and expression, freedom to
assemble peacefully etc.
Protection in respect of conviction for offences.
Protection of life and personal liberty.
3. Right to education:
Article 21A states that the State shall provide free and compulsory education to all
children of the age of 06-14 years.
4. Right against exploitation:
Prohibition of trafficking in human beings and forced labour (Art 23).
Prohibition of employment of children in factories, etc (Art 24).
5. Right to freedom of religion (Art 25 28):
 Freedom of conscience and free profession, practice and propagation of religion.
Freedom to manage religious affairs.
Freedom as to payment of taxes for promotion of any particular religion.
Freedom as to attendance at religious instructions or religious worship in certain
educational institutions.
6. Cultural and educational right:
Protection of interest of minorities (Art 29).
Right of minorities to establish and administer educational institutions (Art 30).
(right to property under Art 31 was repealed by the 44 th Amendment Act, 1978 and
was made a legal right under Article 300A.
7. Right to Constitutional remedies:
Right to move to the Supreme Court and the High Courts (Art 226) in case of their
violation, termed by B R Ambedkar as the Heart and Soul of the Constitution.
Article 32(4) shall not be suspended except according to the provisions of the
Constitution.
The Supreme Court and High Courts have the power to issue writs, if Fundamental
Rights are violated.

Directive Principles of State Policy

The Directive Principles of State Policy are enumerated in Part IV of the Constitution
from Art 36 51.
Dr B R Ambedkar described these principles as novel feature of the Constitution.
The Directive Principles of State Policy along with Fundamental Rights contain the
philosophy and soul of the Constitution.
Features:
These are constitutional instructions to the state in legislative, executive and
administrative matters.
It resembles the Instrument of Instruction enumerated in the Government of India
Act of 1935.
They constitute the comprehensive economic, social and political program for a
modern State.
They promote social and economic democracy. They embody the concept of a Welfare
State.
These are fundamental in the governance of the country.
They are non-justiciable.

Distinction between Fundamental Rights and Directive Principles

Fundamental Rights Directive Principles
These are negative as they prohibit the These are positive, as they require the State to
 State from doing certain things.
These are justiciable i.e. they are legally
enforceable by the courts in case of their
violation.
They aim at establishing political
democracy in the country.
They have legal sanctions.
They promote the welfare of the
individual. Hence, they are personal and
individualistic.
The courts are bound to declare a law
violative of any of the Fundamental Rights
as unconstitutional and invalid.
do certain things.
These are non-justiciable i.e. they are not
legally enforceable by the courts for their
violation.
They aim at establishing social and economic
democracy in the country.
They have moral and political sanctions.
They promote the welfare of the community.
Hence, they are societarian and socialistic.
The courts cannot declare a law violatie of any
of the Directive Principles as unconstitutional
and invalid. However, they can uphold the
validity of a law on the ground that it was
enacted to give effect to a directive.

Fundamental Duties
The Fundamental Duties are the mere obligations of all citizens to help and promote a
spirit of patriotism and to uphold the unity of India.
Originally, Constitution did not contain Fundamental Duties. In 1976, the Fundamental
Duties of citizens were added by 42 nd amendment Act on the basis of Swarn Singh
Committee Report.
Originally, ten Fundamental Duties were added. In 2002, one more duty was added.
List of Fundamental Duties:
According to the Article 51A, it shall be the duty of every citizen of India
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 that inspired the national struggle for freedom;
To uphold and protect the sovereignty, unity and integrity of India;
To promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities and to
renounce practices derogatory to the dignity of women;
To defend the country and render national service when called upon to do so;
To value and preserve the rich heritage of the countrys composite culture;
To protect and improve the natural environment including forests, lakes, rivers and
wildlife and to have compassion for living creatures;
To develop 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; and
 To provide opportunities for education to his child or ward between the age of six and
fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002.

Union Executive
President
The Union Executive consists of the President, the Vice-Resident, the Prime Minister, the
Council of Ministers and the Attorney General of India.
Article 52 provides the office of the President of India. The President is the Head of the
Indian State. He is the First citizen of India and acts as the symbol of unity, integrity and
solidarity of the nation.
Position of Indian President:
The Constitution of India has provided for a Parliamentary form of Government, and the
President has been made only a nominal executive, the real executive being the Council
of Ministers headed by the Prime Minister.
Qualification of the President:
Under Art 58, a person to be eligible for election as President should fulfill the following
qualifications;
He/she should be a citizen of India.
Should have completed 35 years of age.
Should be qualified for election as a member of Lok Sabha.
Should not hold any office of profit under the Union Government or any state
government or any local authority or any other public authority.
Election of the President:
The President is not directly elected by the people.
He is elected by the members of Electoral College consisting of
The elected member of both the Houses of Parliament;
The elected members of the Legislative Assemblies of the States;
The elected members of the Legislative Assemblies of the Union Territories
of Delhi and Pudduchery.
Nominated members dont participate in the election of the President.
When assembly is dissolved, the members cease to be qualified to vote in the
Presidential election.
Value of the vote of an MLA =
Total population of state X 1
Total number of elected MLAs 100

Value of the vote of an MP =

Total value of votes of all MLAs of all states
Total number of elected MPs
 The Presidents election is held in accordance with the system of proportional
representation by means of single transferable vote and the voting is through secret
ballot. The candidate who gets 50% of votes is considered elected.
All disputes regarding election of the President is adjudicated by the Supreme Court.
Nomination for election of President must be subtended by at least 50 electors as
seconders.
Security deposit for the nomination as President is Rs.15,000 in RBI.
Condition of Presidents Office
Under Art 59, the Constitution lays down the following condition of the Presidents
office;
He/She should not be a member of either House of Parliament or a House of the
State Legislature.
If any such person is elected as President, he is deemed to have vacated his seat in
that House on the date on which he enters upon his office as President.
He is entitled to such emoluments, allowances and privileges as may be determined
by Parliament.
His emoluments and allowances cannot be diminished during his term of office.
Salary of the President is Rs 2 lakh.
Oath of the President
The oath of the President is administered by Chief Justice of India and in his
absence, the senior most judge of the Supreme Court.
Term of the President
Under art 56, the President shall hold office for a term of 05 (five) years from the
date on which he enters upon his office.
He may resign his office by writing under his hand addressed to the Vice-President
(he can communicate to the Speaker of the Lok Sabha).
Impeachment of the President
Under art 61, President can be impeached from office for violation of the
Constitution.
The impeachment can be initiated by either House of the Parliament.
These charges should be signed by one-fourth members of the House (that framed
the charges), and a 14 days notice should be given to the President.
After the impeachment bill is passed by a majority of two-thirds of the total
membership that House, it is sent to the other House, which should investigate the
charges.
The President has the right to appear and to be represented at such investigation.
If the other House also sustains the charges and passes the impeachment bill by a
majority of two-thirds of the total membership, the President stands removed
from his office from the date on which the impeachment bill is passed.
 No President of India has so far been impeached.
Vacancy of the Presidents Office
Under Art 62, a vacancy in the Presidents office can occur in any of the following
ways;
o On the expiry of his tenure of five years.
o By his resignation.
o On his removal by the process of impeachment.
o By his death.
o Otherwise e.g. when he becomes disqualified to hold office or when his
election is declared void.
An election to fill the vacancy (due to expiration of term) must be held before the
expiry of the term.
If the office fall vacant by resignation, removal death or otherwise, then election to
fill the vacancy should be completed within six months from the date of the
occurrence of such a vacancy. The newly-elected President remains in office for a full
term of five years from the date he assumes charge of his office.

Powers and Functions of the President:

Executive Powers
Legislative Powers
Financial Powers
Judicial Powers
Diplomatic Powers
Military Powers
Emergency Powers