Competition ZENITH

The President is the nominal executive authority (de jure executive) and Prime Minister is the real executive authority (de facto executive). Appointment of the P.M. (Article 75) The Prime Minister appointed by the president i.e. the President has to appoint the leader of the majority party in the Lok Sabha as the Prime Minister. When no party has a clear majority in the Lok Sabha, then the President may exercise his  & appoints the leader of the largest party or coalition in the Lok Sabha as the Prime Minister and asks him to seek a vote of confidence in the House within a month. Facts Related to PM's First PM to be appointed by the President's personal discretion - Charan Singh by Neelam Sanjiva Reddy (the then President) in 1979. First PM to be appointed by the President when the Prime Minister in office died - Rajiv Gandhi by President Zail Singh in 1984. NOTE:- In 1997, the Supreme Court held that a person who is not a member of either House of Parliament...

42nd Constitutional Amendment Act in 1976 - Fundamental Duties comes under Part IVA to the Constitution & Article 51A . The Fundamental Duties in the Indian Constitution are inspired by the Constitution of erstwhile USSR. Later in 1976, the fundamental duties of citizens were added in the Constitution. In 2002, one more Fundamental Duty was added. Swaran Singh Committee In 1976, the Congress Party set up the Sardar Swaran Singh Committee to make recommendations about fundamental duties. Centre accepted these recommendations and enacted the 42nd Constitutional Amendment Act in 1976. List of Fundamental Duties 1. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem 2. to cherish and follow the noble ideals that inspired the national struggle for freedom 3. to uphold and protect the sovereignty, unity and integrity of India 4. to defend the country an...

The Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51 . The framers of the Constitution borrowed this idea from the Irish Constitution of 1937. Granville Austin has described the Directive Principles and the Fundamental Rights as the ‘Conscience of the Constitution’ . The Directive Principles are non-justiciable in nature, that is, they are not legally enforceable by the courts for their violation. Therefore, the government (Central, state and local) cannot be compelled to implement them. Article No. Subject-matter 36. Definition of State 37. Application of the principles contained in this part 38. 39. State to secure a social order for the promotion of welfare of the people  Certain principles of policy to be followed by the State 39A. Equal justice and free legal aid 40. Organisation ...

Right to Equality Exceptions to Equality 1. The President of India and the Governor of States enjoy the following immunities (Article 361) (i) The President or the Governor is not answerable to any court for the exercise and performance of the powers and duties of his office. (ii) No criminal proceedings shall be instituted or continued against the President or the Governor in any court during his term of office. (iii) No process for the arrest or imprisonment of the President or the Governor shall be issued from any court during his term of office. (iv) No civil proceedings against the President or the Governor. Mandal Commission In 1979, the Morarji Desai Government appointed the Second6 Backward Classes Commission under the chairmanship of B P Mandal, a Member of Parliament, in terms of Article 340 of the Constitution. Comission was to investigate the conditions of the socially and educationally backward classes and suggest measures for their advancement. The...

Fundamental Rights The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35 . In this regard, the framers of the Constitution derived inspiration from the Constitution of USA. Part III of the Constitution is rightly described as the Magna Carta of India . Originally, the Constitution provided for seven Fundamental Rights 1. Right to equality (Articles 14–18) 2. Right to freedom (Articles 19–22) 3. Right against exploitation (Articles 23–24) 4. Right to freedom of religion (Articles 25–28) 5. Cultural and educational rights (Articles 29–30) 6. Right to property (Article 31) 7. Right to constitutional remedies (Article 32) 44th Amendment Act (1978) - right to property was deleted from the list of Fundamental Rights. It is made a legal right under Article 300-A in Part XII of the Constitution. So at present, there are only six Fundamental Rights. Features of Fundamental Rights i. They are justiciable, allo...