Regulating act of 1773 was of great constitutional importance as

• It was the first step taken by the British Government to control and regulate the affairs of the East India Company in India;
• It recognized, for the first time, the political and administrative functions of the Company; and
• It laid the foundations of central administration in India.

Source: Laxmikanth.

In a bid to rectify the defects of the Regulating Act of 1773, the British Parliament passed the Amending Act of 1781, also known as the Act of Settlement.

The features of this Act were as follows:

• It exempted the Governor-General and the Council from the jurisdiction of the Supreme Court for the acts done by them in their official capacity.
• Similarly, it also exempted the servants of the company from the jurisdiction of the Supreme Court for their official actions.
• It excluded the revenue matters and the matters arising in the collection of revenue from the jurisdiction of the Supreme Court.

• It provided that the Supreme Court was to have jurisdiction over all the inhabitants of Calcutta.
• It also required the court to administer the personal law of the defendants i.e., Hindus were to be tried according to the Hindu law and Muslims were to be tried according to the Mohammedan law.
• It laid down that the appeals from the Provincial Courts could be taken to the Governor-General-in-Council and not to the Supreme Court.
• It empowered the Governor-General- in – Council to frame regulations for the Provincial Courts and Councils.

Source: Laxmikanth.

Pitts India Act, 1784 distinguished between the commercial and political functions of the Company.

Source: Laxmikanth.

The features of Charter Act of 1813 were as follows:

• It abolished the trade monopoly of the company in India i.e., the Indian trade was thrown open to all British merchants.

• However, it continued the monopoly of the company over trade in tea and trade with China.
• It asserted the sovereignty of the British Crown over the Company’s territories in India.
• It allowed the Christian missionaries to come to India for the purpose of enlightening the people.

Source: Laxmikanth.

On December 13, 1946, Jawaharlal Nehru moved the historic ‘Objectives Resolution’ in the Assembly. It laid down the fundamentals and philosophy of the constitutional structure. It read:

• “This Constituent Assembly declares its firm and solemn resolve to proclaim India as an Independent Sovereign Republic and to draw up for her future governance a constitution.
• Wherein the territories that now comprise British India, the territories that now form the Indian States and such other parts of India as are outside India and the States as well as other territories as are willing to be constituted into the independent sovereign India, shall be a Union of them all; and

• wherein the said territories, whether with their present boundaries or with such others as may be determined by the Constituent Assembly and thereafter according to the law of the Constitution, shall possess and retain the status of autonomous units together with residuary powers and exercise all powers and functions of Government and administration save and except such powers and functions as are vested in or assigned to the Union or as are inherent or implied in the Union or resulting there from; and
• where in all power and authority of the sovereign independent India, its constituent parts and organs of Government are derived from the people; and
• Where in shall be guaranteed and secured to all the people of India justice, social, economic and political; equality of status of opportunity, and before the law; freedom of thought, expression, belief, faith, worship, vocation, association and action, subject to law and public morality; and
• Where in adequate safeguards shall be provided for minorities, backward and tribal areas, and depressed and other backward classes; and
• Where by shall be maintained the integrity of the territory of the Republic and its sovereign rights on land, sea and air according to justice and the law of civilized nations; and

• This ancient land attains its rightful and honored place in the world and makes its full and willing contribution to the promotion of world peace and the welfare of mankind.”

This Resolution was unanimously adopted by the Assembly on January 22, 1947. It influenced the eventual shaping of the constitution through all its subsequent stages. Its modified version forms the Preamble of the present Constitution.

Source: Laxmikanth.

Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – Sardar Patel.

Source: Laxmikanth.

The structural part of the Constitution is, to a large extent, derived from the Government of India Act of 1935.

Source: Laxmikanth.

Indian Constitution has been variously described as ‘federal in form but, unitary in spirit’, ‘quasi-federal’ by K.C. Wheare, ‘bargaining federalism’ by Morris Jones, ‘co-operative federalism’ by Granville Austin, ‘federation with a centralizing tendency’ by Ivor Jennings and so on.

Source: Laxmikanth.

The parliamentary system is also known as the ‘Westminster’ Model of Government, responsible Government and Cabinet Government. The Constitution establishes the parliamentary system not only at the Centre, but also in the states.

The features of parliamentary government in India are:

• Presence of nominal and real executives;

• Majority party rule,
• Collective responsibility of the executive to the legislature,
• Membership of the ministers in the legislature,
• Leadership of the Prime Minister or the Chief Minister,
• Dissolution of the lower House (Lok Sabha or Assembly).

Source: Laxmikanth.

According to Dr. B.R. Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution.

• They are enumerated in Part IV of the Constitution.
• They can be classified into three broad categories – socialistic, Gandhian and liberal intellectual.

Source: Laxmikanth.

The Eighth Schedule to the Constitution consists of the following 22 languages:
(1) Assamese, (2) Bengali, (3) Gujarati, (4) Hindi, (5) Kannada, (6) Kashmiri, (7) Konkani, (8) Malayalam, (9) Manipuri, (10) Marathi, (11) Nepali, (12) Oriya, (13) Punjabi, (14) Sanskrit, (15) Sindhi, (16) Tamil, (17) Telugu, (18) Urdu (19) Bodo, (20) Santhali, (21) Maithili and (22) Dogri.
Of these languages, 14 were initially included in the Constitution. Sindhi language was added in 1967. Thereafter three more languages viz., Konkani, Manipuri and Nepali were included in 1992. Subsequently Bodo, Dogri, Maithili and Santhali were added in 2004.

The Comptroller and Auditor-General of India, Chief Justice of the Supreme Court and Minister of the Union take oath subscribing “allegiance to the Constitution of India as by law established”. [THIRD SCHEDULE]
The President [Article 60] and Governor of States [Article 159] take oath to “preserve, protect and defend the Constitution and the law”.

: The Eighth Schedule to the Constitution consists of the following 22 languages:
(1) Assamese, (2) Bengali, (3) Gujarati, (4) Hindi, (5) Kannada, (6) Kashmiri, (7) Konkani, (8) Malayalam, (9) Manipuri, (10) Marathi, (11) Nepali, (12) Oriya, (13) Punjabi, (14) Sanskrit, (15) Sindhi, (16) Tamil, (17) Telugu, (18) Urdu (19) Bodo, (20) Santhali, (21) Maithili and (22) Dogri.
Of these languages, 14 were initially included in the Constitution. Sindhi language was added in 1967. Thereafter three more languages viz., Konkani, Manipuri and Nepali were included in 1992. Subsequently Bodo, Dogri, Maithili and Santhali were added in 2004.

Statement 1 is correct.In parliamentary systems, the chief executive’s term of office is directly linked with that of the legislature, while in presidential systems the terms are not linked.
-The executive is selected by the assembly and the executive remains in office subject to legislative confidence.
Statement 2 is incorrect. In a presidential system, the President, who is the chief executive as well as the symbolic head of government, is chosen by a separate election and not from the Legislature.
-Ministers/Secretaries usually are not simultaneously members of the legislature, although their appointment may require the advice and consent of the legislative branch.

Option 1 is correct. The state emblem is an adaptation from the Sarnath Lion Capital of Ashoka. In the state emblem, adopted by the Government of India on 26 January 1950, only three lions are visible.
In the original, there are four lions, standing back to back, mounted on an abacus with a frieze carrying sculptures in high relief of an elephant, a galloping horse, a bull and a lion separated by intervening wheels over a bell-shaped lotus. Carved out of a single block of polished sandstone, the Capital is crowned by the Wheel of the Law (Dharma Chakra).
Option 2 is correct. The National Flag is a horizontal tricolor of India saffron at the top, white in the middle and India green at the bottom in equal proportion.
In the centre of the white band is a navy-blue wheel which represents the chakra. Its design is that of the wheel which appears on the abacus of the Sarnath Lion Capital of Ashoka. Its diameter approximates to the width of the white band and it has 24 spokes.
Option 3 is incorrect. The national calendar based on the Saka Era, with Chaitra as its first month and a normal year of 365 days was adopted from 22 March 1957 along with the Gregorian calendar for the following official purposes. It commenced in 78 AD.

The Criteria adopted by the Government to determine the eligibility of a language for granting classical language status, are as under:
–High antiquity of its early texts/ recorded history over a period of 1500-2000 years;
–A body of ancient literature/ texts, which is considered a valuable heritage by generations of speakers;
–The literary tradition be original and not borrowed from another speech community;
–The classical language and literature being distinct from modern, there may also be a discontinuity between the classical language and its later forms or its offshoots.
Six languages i.e. Tamil, Sanskrit, Telugu, Kannada, Malayalam and Odia have been given status of Classical languages of India.

Chhattisgarh, carved out of Madhya Pradesh came into being on 1 November 2000 as the 26th State of the Union.
In January 1950, the United Province was renamed as Uttar Pradesh and Uttaranchal remained a part of Uttar Pradesh before it was carved out of Uttar Pradesh on 9 November 2000. It is incepted as the 27th State of India.
Jharkhand which came into being on 15 November 2000 splitting from Bihar, as the 28th
State of the Union is the homeland of the tribals

Statement 1 is incorrect. Constitution Day also known as ‘Samvidhan Divas’ is celebrated in our country on 26th November every year to commemorate the adoption of the Constitution of India.

On 26th November 1949, the Constituent Assembly of India adopted the Constitution of India, which came into effect from 26th January 1950.

Statement 2 is correct. Preamble states that “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”.

The Eighth Schedule to the Constitution consists of the following 22 languages:

(1) Assamese, (2) Bengali, (3) Gujarati, (4) Hindi, (5) Kannada, (6) Kashmiri, (7) Konkani, (8) Malayalam, (9) Manipuri, (10) Marathi, (11) Nepali, (12) Oriya, (13) Punjabi, (14) Sanskrit, (15) Sindhi, (16) Tamil, (17) Telugu, (18) Urdu (19) Bodo, (20) Santhali, (21) Maithili and (22) Dogri.

Of these languages, 14 were initially included in the Constitution. Sindhi language was added in 1967. Thereafter three more languages viz., Konkani, Manipuri and Nepali were included in 1992. Subsequently Bodo, Dogri, Maithili and Santhali were added in 2004.

The Comptroller and Auditor-General of India, Chief Justice of the Supreme Court and Minister of the Union take oath subscribing “allegiance to the Constitution of India as by law established”. [THIRD SCHEDULE]

The President [Article 60] and Governor of States [Article 159] take oath to “preserve, protect and defend the Constitution and the law”.

The Eighth Schedule to the Constitution consists of the following 22 languages:

(1) Assamese, (2) Bengali, (3) Gujarati, (4) Hindi, (5) Kannada, (6) Kashmiri, (7) Konkani, (8) Malayalam, (9) Manipuri, (10) Marathi, (11) Nepali, (12) Oriya, (13) Punjabi, (14) Sanskrit, (15) Sindhi, (16) Tamil, (17) Telugu, (18) Urdu (19) Bodo, (20) Santhali, (21) Maithili and (22) Dogri.

Of these languages, 14 were initially included in the Constitution. Sindhi language was added in 1967. Thereafter three more languages viz., Konkani, Manipuri and Nepali were included in 1992. Subsequently Bodo, Dogri, Maithili and Santhali were added in 2004.

Statement 1 is correct.In parliamentary systems, the chief executive’s term of office is directly linked with that of the legislature, while in presidential systems the terms are not linked.

-The executive is selected by the assembly and the executive remains in office subject to legislative confidence.

Statement 2 is incorrect. In a presidential system, the President, who is the chief executive as well as the symbolic head of government, is chosen by a separate election and not from the Legislature.

-Ministers/Secretaries usually are not simultaneously members of the legislature, although their appointment may require the advice and consent of the legislative branch.

Option 1 is correct. The state emblem is an adaptation from the Sarnath Lion Capital of Ashoka. In the state emblem, adopted by the Government of India on 26 January 1950, only three lions are visible.

In the original, there are four lions, standing back to back, mounted on an abacus with a frieze carrying sculptures in high relief of an elephant, a galloping horse, a bull and a lion separated by intervening wheels over a bell-shaped lotus. Carved out of a single block of polished sandstone, the Capital is crowned by the Wheel of the Law (Dharma Chakra).

Option 2 is correct. The National Flag is a horizontal tricolor of India saffron at the top, white in the middle and India green at the bottom in equal proportion.

In the centre of the white band is a navy-blue wheel which represents the chakra. Its design is that of the wheel which appears on the abacus of the Sarnath Lion Capital of Ashoka. Its diameter approximates to the width of the white band and it has 24 spokes.

Option 3 is incorrect. The national calendar based on the Saka Era, with Chaitra as its first month and a normal year of 365 days was adopted from 22 March 1957 along with the Gregorian calendar for the following official purposes. It commenced in 78 AD.

The Criteria adopted by the Government to determine the eligibility of a language for granting classical language status, are as under:

–High antiquity of its early texts/ recorded history over a period of 1500-2000 years;

–A body of ancient literature/ texts, which is considered a valuable heritage by generations of speakers;

–The literary tradition be original and not borrowed from another speech community;

–The classical language and literature being distinct from modern, there may also be a discontinuity between the classical language and its later forms or its offshoots.

Six languages i.e. Tamil, Sanskrit, Telugu, Kannada, Malayalam and Odia have been given status of Classical languages of India.

Chhattisgarh, carved out of Madhya Pradesh came into being on 1 November 2000 as the 26th State of the Union.

In January 1950, the United Province was renamed as Uttar Pradesh and Uttaranchal remained a part of Uttar Pradesh before it was carved out of Uttar Pradesh on 9 November 2000. It is incepted as the 27th State of India.

Jharkhand which came into being on 15 November 2000 splitting from Bihar, as the 28th

State of the Union is the homeland of the tribals

Statement 1 is incorrect. Constitution Day also known as ‘Samvidhan Divas’ is celebrated in our country on 26th November every year to commemorate the adoption of the Constitution of India.

On 26th November 1949, the Constituent Assembly of India adopted the Constitution of India, which came into effect from 26th January 1950.

Statement 2 is correct. Preamble states that “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION”.

Regulating Act, 1833 was the final step towards centralization in British India.

The features of this Act were as follows:

• It made the Governor-General of Bengal as the Governor – General of India and vested in him all civil and military powers. Thus, the act created, for the first time, Government of India having authority over the entire territorial area possessed by the British in India. Lord William Bentick was the first Governor-General of India.
• It deprived the Governor of Bombay and Madras of their legislative powers. The Governor-General of India was given exclusive legislative powers for the entire British India. The laws made under the previous acts were called as Regulations, while laws made under this act were called as Acts.
• It ended the activities of the East India Company as a commercial body, which became a purely administrative body. It provided that the Company’s territories in India were held by it ‘in trust for His Majesty, His heirs and successors’.

Source: Laxmikanth

Statement 1 is incorrect. Article 239AA provides for special provisions with respect to Delhi which mentions that from the date of commencement of the Constitution (Sixty-ninth Amendment) Act, 1991, the Union territory of Delhi is called the National Capital Territory of Delhi (further referred to as the National Capital Territory).

Statement 2 is incorrect. First Schedule of the Constitution provides: Names of the States and their territorial jurisdiction as well as names of the Union Territories and their extent.

It does not mention capital cities of the states.

The economic, political, and social frameworks that each society has, its laws, institutions, policies, etc., result in different distributions of benefits and burdens across members of the society.

The structure of these frameworks is important because the distributions of benefits and burdens resulting from them fundamentally affect people’s lives. Principles of distributive justice are therefore best thought of as providing moral guidance for the political processes and structures that affect the distribution of benefits and burdens in societies.

Distributive principles vary in numerous dimensions. They vary in what is considered relevant to distributive justice (income, wealth, opportunities, jobs, welfare, utility, etc.); in the nature of the recipients of the distribution (individual persons, groups of persons, reference classes, etc.); and on what basis the distribution should be made (equality, maximization, according to individual characteristics, according to free transactions, etc.).

In 1951 the University of Madras invited Jennings to deliver a series of lectures on the just born Indian Constitution.

 Alladi Krishnaswamy Iyer, one of the chief architects of the Constitution, attended them and stayed through all his lectures which Jennings delivered in parts on three successive days.

 Jennings began his address by summing up India’s Constitution in one cynical sentence: “Too long, too rigid, too prolix.” Over the course of three lectures, Jennings elaborated on his views

• He focused on some primary aspects: The Constitution’s rigidity and its superfluous provisions; fundamental rights and directive principles of state policy; and, finally, key aspects of India’s federalism.

 Jennings finally handed down a largely unfavourable verdict. India’s Constitution, he declared, was “far too large and therefore far too rigid”, too caged by its history, and too unwieldy to be moulded into something useful through judicious interpretations.

The Eighth Schedule to the Indian Constitution contains a list of 22 scheduled languages viz. Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Malayalam, Marathi, Odia, Punjabi, Sanskrit, Tamil, Telugu, Urdu, Sindhi (added by 21st Amendment Act, 1967) Konkani, Manipuri, Nepali (added by 71st Amendment Act, 1992), Bodo, Dogri, Maithili, Santal (added by 92nd Amendment 2003). The list had originally 14 languages only but subsequently through amendments 8 new languages were added.

Article 244 in Part X of the Constitution envisages a special system of administration for certain areas designated as ‘scheduled areas’ and ‘tribal areas’.

 The Fifth Schedule of the Constitution deals with the administration and control of scheduled areas and scheduled tribes in any state except the four states of Assam, Meghalaya, Tripura and Mizoram.

 The Sixth Schedule of the Constitution, on the other hand, deals with the administration of the tribal areas in the four northeastern states of Assam, Meghalaya, Tripura and Mizoram.

The National Register of Citizens (NRC) is a register containing names of all genuine Indian citizens. At present, only Assam has such a register.

 The exercise may be extended to other states as well

• Nagaland is already creating a similar database known as the Register of Indigenous Inhabitants.

 The Centre is planning to create a National Population Register (NPR), which will contain demographic and biometric details of citizens.

 The NRC will be updated as per the provisions of The Citizenship Act, 1955 and The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.

Federalism is a system of government in which the power is divided between a central authority and various constituent units of the country.

Some of the key features of federalism:

 There are two or more levels (or tiers) of government.

 Different tiers of government govern the same citizens, but each tier has its own JURISDICTION in specific matters of legislation, taxation and administration.

 The jurisdictions of the respective levels or tiers of government are specified in the constitution. So the existence and authority of each tier of government is constitutionally guaranteed.

 The fundamental provisions of the constitution cannot be unilaterally changed by one level of government. Such changes require the consent of both the levels of government.

 Courts have the power to interpret the constitution and the powers of different levels of government. The highest court acts as an umpire if disputes arise between different levels of government in the exercise of their respective powers.

 Sources of revenue for each level of government are clearly specified to ensure its financial autonomy.

 The federal system thus has dual objectives: to safeguard and promote unity of the country, while at the same time accommodate regional diversity

Features of the Act:

 It made the Governor-General of Bengal as the Governor-General of India and vested in him all civil and military powers.

 Thus, the act created, for the first time, a Government of India having authority over the entire territorial area possessed by the British in India.

 Lord William Bentick was the first governor-general of India.

 It deprived the governor of Bombay and Madras of their legislative powers. The Governor-General of India was given exclusive legislative powers for the entire British India.

 The laws made under the previous acts were called as Regulations while laws made under this act were called as Acts.

 It ended the activities of the East India Company as a commercial body, which became a purely administrative body.

 It provided that the company’s territories in India were held by it ‘in trust for His Majesty, His heirs and successors’.

 The Charter Act of 1833 attempted to introduce a system of open competition for selection of civil servants, and stated that the Indians should not be debarred from holding any place, office and employment under the Company.

 However, this provision was negated after opposition from the Court of Directors.

The parliamentary system is also known as the ‘Westminster’ model of government, responsible government and cabinet government.
The Constitution establishes the parliamentary system not only at the Centre but also in the states.
The features of parliamentary government in India are:
• Presence of nominal and real executives
• Majority party rule
• Collective responsibility of the executive to the legislature
• Membership of the ministers in the legislature
• Leadership of the prime minister or the chief minister,
• Dissolution of the lower House (Lok Sabha or Assembly).

The Constitution of India stands for a secular state. Hence, it does not uphold any particular religion as the official religion of the Indian State. The following provisions of the Constitution reveal the secular character of the Indian State:
• The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976.
• The Preamble secures to all citizens of India liberty of belief, faith and worship.
• The State shall not deny to any person equality before the law or equal protection of the laws (Article 14).
• The State shall not discriminate against any citizen on the ground of religion (Article 15).
• Equality of opportunity for all citizens in matters of public employment (Article 16).
• All persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate any religion (Article 25).
• Every religious denomination or any of its section shall have the right to manage its religious affairs (Article 26).
• No person shall be compelled to pay any taxes for the promotion of a particular religion (Article 27).

The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister.
• Article 164 only says that the Chief Minister shall be appointed by the governor.
• However, this does not imply that the governor is free to appoint any one as the Chief Minister.
• In accordance with the convections of the parliamentary system of government, the governor has to appoint the leader of the majority party in the state legislative assembly as the Chief Minister.

On May 17, 2019 in a very short hearing, a three-judge Bench of the Supreme Court (the Chief Justie of India Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna) decided a batch of 15 petitions under the title Abdul Kuddus v Union of India.
The case involved the status of an “opinion” rendered by a Foreigners Tribunal, as to the citizenship (or the lack thereof) of any individual. The issue arose because, in the State of Assam, there are two ongoing processes concerning the question of citizenship.
• The first includes proceedings before the Foreigners Tribunals, which have been established under an executive order of the Central government.
• The second is the NRC, a process overseen and driven by the Supreme Court. While nominally independent, both processes nonetheless bleed into each other, and have thus caused significant chaos and confusion for individuals who have found themselves on the wrong side of one or both.

In short, the petitioners’ case was that the two processes — that of the Foreigners Tribunal and of the NRC — should be kept entirely

The higher judiciary appeared to be the sole exception to this English-to-Hindi journey as Article 348(1) stipulates the use of English in the Supreme Court and High Courts as well as for drafting Bills, Acts and Orders.
But Article 348(2) read with Section (7) of the Official Languages Act 1963 provides for Hindi or other official languages to be used in High Courts “in addition to English”.

The Constitution of India has dealt with the provisions regarding
international treaties through Articles 51, 73 and 253.
Article 51: Promotion of international peace and security The State shall endeavour to
•promote international peace and security;
•maintain just and honourable relations between nations;
•foster respect for international law and treaty obligations in the dealings of
organised peoples with one another; and encourage settlement of international
disputes by arbitration
Article 73: provides that the scope of the powers of the executive extend to:
•To the matters specified in the List 1, inclusive of entry 14, with respect to entering
into and implementing treaties.
•Such rights or obligations as are exercisable in consequence of any treaty or
convention which India has ratified.
Article 253: Legislation for giving effect to international agreements notwithstanding
anything in the foregoing provisions of this Chapter, Parliament has power to make any law
for the whole or any part of the territory of India for implementing any treaty, agreement or
convention with any other country or countries or any decision made at any international
conference, association or other body.

Oath or Affirmation by the President.
Before entering upon his office, the President has to make and subscribe to an oath or
affirmation. In his oath, the President swears:
•to faithfully execute the office;
•to preserve, protect and defend the Constitution and the law; and
•to devote himself to the service and well-being of the people of India.

The Rajya Sabha.
•The origin of the second Chamber can be traced to the Montague-Chelmsford
Report of 1918.
•The Government of India Act, 1919 provided for the creation of a ‘Council of
State’ as a second chamber of the then legislature with a restricted franchise which
actually came into existence in 1921.
•The Fourth Schedule to the Constitution provides for allocation of seats to the
States and Union Territories in Rajya Sabha.
•The allocation of seats is made on the basis of the population of each State.

According to information provided by the Ministry of Culture in the Rajya
Sabha in February 2014, the guidelines for declaring a language as ‘Classical’ are:
•High antiquity of its early texts/recorded history over a period of 1500-2000
years;
•A body of ancient literature/texts, which is considered a valuable heritage by
generations of speakers;
•The literary tradition be original and not borrowed from another speech
community;
•The classical language and literature being distinct from modern, there may also
be a discontinuity between the classical language and its later forms or its offshoots.
Currently, six languages enjoy the ‘Classical’ status: Tamil (declared in 2004), Sanskrit
(2005), Kannada (2008), Telugu (2008), Malayalam (2013), and Odia (2014).

One of the controversies about the Preamble is as to whether it is a part of
the Constitution or not.
•In the Berubari Union case (1960), the Supreme Court said that the Preamble
shows the general purposes behind the several provisions in the Constitution, and is
thus a key to the minds of the makers of the Constitution.
•Further, where the terms used in any article are ambiguous or capable of more than
one meaning, some assistance at interpretation may be taken from the objectives
enshrined in the Preamble. Despite this recognition of the significance of the
Preamble, the Supreme Court specifically opined that Preamble is not a part of the
Constitution.
•In the Kesavananda Bharati case (1973), the Supreme Court rejected the earlier
opinion and held that Preamble is a part of the Constitution. It observed that the
Preamble is of extreme importance and the Constitution should be read and
interpreted in the light of the grand and noble vision expressed in the Preamble.
•In the LIC of India case (1995) also, the Supreme Court again held that the
Preamble is an integral part of the Constitution.

Formally, the Constitution was made by the Constituent Assembly which had
been elected for undivided India. It held its first sitting on 9 December1946 and
reassembled as Constituent Assembly for divided India on 14 August 1947.
Its members were chosen by indirect election by the members of the Provincial
Legislative Assemblies that had been established under the Government of India Act,
1935.
The Constituent Assembly was composed roughly along the lines suggested by the
plan proposed by the committee of the British cabinet, known as the Cabinet Mission.
According to this plan:
•Each Province and each Princely State or group of States were allotted seats
proportional to their respective population roughly in the ratio of 1:10,00,000.
As a result the Provinces (that were under direct British rule) were to elect 292
members while the Princely States were allotted a minimum of 93 seats.
•The seats in each Province were distributed among the three main communities,
Muslims, Sikhs and general, in proportion to their respective populations.
•Members of each community in the Provincial Legislative Assembly elected their own
representatives by the method of proportional representation with single
transferable vote.
•The method of selection in the case of representatives of Princely States was to be
determined by consultation.

Article 100 of the Constitution of India stipulates that at least 10% of
total number of members of the House must be present to constitute the quorum to
constitute a meeting of either House of Parliament.
•It means that there must be at least 55 members present in the Lok Sabha and 25
members present in the Rajya Sabha, if any business is to be conducted.
•Quorum also includes the presiding officer of the particular house (Lok Sabha or
Rajya Sabha).
•If there is no quorum during a meeting of the House, it is the duty of the presiding
officer either to adjourn the House or to suspend the meeting until there is a quorum.

The Eighth Schedule to the Constitution consists of the following 22
languages:
(1) Assamese, (2) Bengali, (3) Gujarati, (4) Hindi, (5) Kannada, (6) Kashmiri, (7) Konkani, (8)
Malayalam, (9) Manipuri, (10) Marathi, (11) Nepali, (12) Oriya, (13) Punjabi, (14) Sanskrit,
(15) Sindhi, (16) Tamil, (17) Telugu, (18) Urdu (19) Bodo, (20) Santhali, (21) Maithili and (22)
Dogri.
Of these languages, 14 were initially included in the Constitution. Sindhi language was
added in 1967. Thereafter three more languages viz., Konkani, Manipuri and Nepali were
included in 1992. Subsequently Bodo, Dogri, Maithili and Santhali were added in 2004

Statement 1 is correct. In parliamentary systems, the chief executive’s term
of office is directly linked with that of the legislature, while in presidential systems the
terms are not linked.
-The executive is selected by the assembly and the executive remains in office subject to
legislative confidence.
Statement 2 is incorrect. In a presidential system, the President, who is the chief executive
as well as the symbolic head of government, is chosen by a separate election and not from
the Legislature.
-Ministers/Secretaries usually are not simultaneously members of the legislature, although
their appointment may require the advice and consent of the legislative branch.

Six languages have been conferred the status of ‘Classical Language’ in
India till now: Tamil (2004), Sanskrit (2005), Kannada (2008), Telugu (2008), Malayalam
(2013), and Odia (2014).
Criteria for conferring the status of Classical Language:
-High antiquity of its early texts/recorded history over a period of 1500-2000 years.
-A body of ancient literature/texts, which is considered a valuable heritage by generations
of speakers.
-The literary tradition to be original and not borrowed from another speech community.
-The classical language and literature being distinct from modern, there may also be a
discontinuity between the classical language and its later forms or its offshoots.
Till date, Hindi has not been granted the Classical Language status.

The latest edition of the Democracy Index spells gloom for India. The world’s biggest democracy slipped 10 places in the 2019 global ranking to 51st place.

The report published by The Economist Intelligence Unit — the research and analysis division of The Economist Group, which is the sister company to The Economist newspaper — records how global democracy fared, analyzing 165 independent states and two territories.

India was graded in electoral process and pluralism (8.67), government functioning (6.79), political participation (6.67), political culture (5.63) and civil liberties (6.76).

The Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935.  

• In the words of Dr. B.R. Ambedkar, ‘the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935.  
• What is called Directive Principles is merely another name for the instrument of instructions.  

• The only difference is that they are instructions to the legislature and the executive’. 

Source: Laxmikanth. 

The Directive Principles constitute a very comprehensive economic, social and political programme for a modern democratic State.  

• They aim at realizing the high ideals of justice, liberty, equality and fraternity as outlined in the Preamble to the Constitution.  

• They embody the concept of a ‘welfare state’ and not that of a ‘police state’, which existed during the colonial era.  
• In brief, they seek to establish economic and social democracy in the country. 

Source: Laxmikanth. 

The Constitution (Article 37) itself says that these principles are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.

Source: Laxmikanth.

To organize village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government (Article 40).

Source: Laxmikanth.

To secure

• the right to adequate means of livelihood for all citizens;
• the equitable distribution of material resources of the community for the common good;
• prevention of concentration of wealth and means of production;
• equal pay for equal work for men and women;
• preservation of the health and strength of workers and children against forcible abuse; and

• Opportunities for healthy development of children (Article 39).

NOTE: To take steps to secure the participation of workers in the management of industries (Article 43 A).

Source: Laxmikanth.

The 97th Amendment Act of 2011 added a new Directive Principle relating to cooperative societies.

It requires the state to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies (Article 43B).

Source: Laxmikanth.

The 42nd Amendment Act of 1976 added four new Directive Principles to the original list. They require the State:

• To secure opportunities for healthy development of children (Article 39).
• To promote equal justice and to provide free legal aid to the poor (Article 39 A).

• To take steps to secure the participation of workers in the management of industries (Article 43 A).
• To protect and improve the environment and to safeguard forests and wild life (Article 48 A).

Source: Laxmikanth.

In 1976, the Congress Party set up the Sardar Swaran Singh Committee to make recommendations about fundamental duties, the need and necessity of which was felt during the operation of the internal emergency (1975–1977).

The committee recommended the inclusion of a separate chapter on fundamental duties in the Constitution.

Source: Laxmikanth.

The Congress Government at Centre accepted these recommendations and enacted the 42nd Constitutional Amendment Act in 1976.

• This amendment added a new part, namely, Part IVA to the Constitution.

• This new part consists of only one Article, that is, Article 51A which for the first time specified a code of ten fundamental duties of the citizens.

Source: Laxmikanth.

The Minimum Wages Act (1948), the Payment of Wages Act (1936), the Payment of Bonus Act (1965), the Contract Labour Regulation and Abolition Act (1970), the Child Labour Prohibition and Regulation Act (1986), the Bonded Labour System Abolition Act (1976), the Trade Unions Act (1926), the Factories Act (1948), the Mines Act (1952), the Industrial Disputes Act (1947), the Workmen’s Compensation Act (1923) and soon have been enacted to protect the interests of the labour sections. In 2006, the government banned the child labour.

In 2016, the Child Labour Prohibition and Regulation Act (1986) was renamed as the Child and Adolescent Labour Prohibition and Regulation Act, 1986.

Source: Laxmikanth.

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 (i.e., Bill of Rights).
• The Fundamental Rights are guaranteed by the Constitution to all persons without any discrimination.
• They uphold the equality of all individuals, the dignity of the individual, the larger public interest and unity of the nation.

• Originally, the Constitution provided for seven Fundamental Rights.

Source: Laxmikanth.

The right to property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978.

• 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.

Source: Laxmikanth.

The Fundamental Rights guaranteed by the Constitution are characterized by the following:

• Some of them are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies.
• They are not absolute but qualified. The state can impose reasonable restrictions on them. However, whether such restrictions are reasonable or not is to be decided by the courts.
• Thus, they strike a balance between the rights of the individual and those of the society as a whole, between individual liberty and social control.
• All of them are available against the arbitrary action of the state. However, some of them are also available against the action of private individuals.

• Some of them are negative in character, that is, place limitations on the authority of the State, while others are positive in nature, conferring certain privileges on the persons.

Source: Laxmikanth.

Fundamental Rights are justifiable, allowing persons to move the courts for their enforcement, if and when they are violated.

• They are defended and guaranteed by the Supreme Court. Hence, the aggrieved person can directly go to the Supreme Court, not necessarily by way of appeal against the judgment of the high courts.

• They are not sacrosanct or permanent. The Parliament can curtail or repeal them but only by a constitutional amendment act and not by an ordinary act. Moreover, this can be done without affecting the ‘basic structure’ of the Constitution.
• They can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21.

Source: Laxmikanth.

The term ‘State’ has been used in different provisions concerning the fundamental rights. Hence, Article 12 has defined the term for the purposes of Part III. According to it, the State includes the following:

• Government and Parliament of India, that is, executive and legislative organs of the Union government.

• Government and legislature of states, that is, executive and legislative organs of state government.
• All local authorities, which is, municipalities, panchayats, district boards, improvement trusts, etc.
• All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc.
• Thus, State has been defined in a wider sense so as to include all its agencies. It is the actions of these agencies that can be challenged in the courts as violating the Fundamental Rights.

Source: Laxmikanth.

Right to equality (Articles 14–18):

• Equality before law and equal protection of laws (Article 14).
• Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
• Equality of opportunity in matters of public employment (Article 16).

• Abolition of un-touchability and prohibition of its practice (Article 17).
• Abolition of titles except military and academic (Article 18).

NOTE: Right to practice any profession or to carry on any occupation, trade or business is covers under Right to Freedom.

Source: Laxmikanth.

Source: Laxmikanth. 

No Member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof (Article 105).

Source: Laxmikanth.

In Menaka case (1978), the Supreme Court overruled its judgment in the Gopalan case by taking a wider interpretation of the Article 21.

• Therefore, it ruled that the right to life and personal liberty of a person can be deprived by a law provided the procedure prescribed by that law is reasonable, fair and just.
• In other words, it has introduced the American expression ‘due process of law’.

• In effect, the protection under Article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action.

Source: Laxmikanth.

Article 21 A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine.

• Thus, this provision makes only elementary education a Fundamental Right and not higher or professional education.

• This provision was added by the 86th Constitutional Amendment Act of 2002.

Source: Laxmikanth.

Article 19(1)(b) provides for fundamental right to assemble peacefully and without arms.
Further, Article 19(3) of the Constitution provides for power of the State to provide for any law imposing reasonable restrictions on the exercise of the right to assemble peaceably and without arms in the interests of the sovereignty and integrity of India or public order.
# Supreme Court has recently stated that that public places cannot be occupied indefinitely for protests.

The Constitution lays down certain Directive Principles of State Policy, which though not justiciable, are ‘fundamental in governance of the country’, and it is the duty of the State to apply these principles in making laws.
Option 1 is correct. The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years. [Article 45]
Option 2 is correct. The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. [Article 47]
Option 3 is correct. The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. [Article 44]

Article 19(2) provides for power of state to put reasonable restrictions on ‘freedom of speech and expression’ in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

Article 15 of the Constitution provides for prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Article 15(3): Nothing in this article shall prevent the State from making any special provision for women and children.
Article 15(4): Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
Article 15(6) (a): Nothing in this article shall prevent state from making any special provision for the advancement of any economically weaker sections of citizens.

Statement 1 is correct. Article 39(a) states that the State shall, in particular, direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood.
Statement 2 is correct. Article 39A states that the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Both statements are incorrect.
As per article 226(1) of the Constitution every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.

Statement 1 is correct. Under the Constitution of India, Labour is a subject in the Concurrent List where both the Central & State Governments are competent to enact legislation subject to certain matters being reserved for the Centre. Trade Unions; industrial and labour disputes are listed as Entry 22 in Concurrent List.
Statement 2 is correct. All citizens have the fundamental right to form associations or unions or co-operative societies. [Article 19(c)]

Option 1 is correct. Article 25(1) states that subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
Option 2 is incorrect. In the case of Stanislaus vs State of Madhya Pradesh (1977), the court made a clear distinction between the right to propagate one’s religion or faith and the right to convert. Court ruled that former is guaranteed by Article 25 of Constitution. Conversion enjoys no such protection.
Option 3 is correct. Article 26 states that subject to public order, morality and health, every religious denomination or any section thereof shall have the right—
–to establish and maintain institutions for religious and charitable purposes;
–to manage its own affairs in matters of religion;
–to own and acquire movable and immovable property; and
–to administer such property in accordance with law.

Article 19(1)(b) provides for fundamental right to assemble peacefully and without arms.

Further, Article 19(3) of the Constitution provides for power of the State to provide for any law imposing reasonable restrictions on the exercise of the right to assemble peaceably and without arms in the interests of the sovereignty and integrity of India or public order.

# Supreme Court has recently stated that that public places cannot be occupied indefinitely for protests.

The Constitution lays down certain Directive Principles of State Policy, which though not justiciable, are ‘fundamental in governance of the country’, and it is the duty of the State to apply these principles in making laws.

Option 1 is correct. The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years. [Article 45]

Option 2 is correct. The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health. [Article 47]

Option 3 is correct. The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. [Article 44]

Article 19(2) provides for power of state to put reasonable restrictions on ‘freedom of speech and expression’ in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.

Article 15 of the Constitution provides for prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Article 15(3): Nothing in this article shall prevent the State from making any special provision for women and children.

Article 15(4): Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

Article 15(6) (a): Nothing in this article shall prevent state from making any special provision for the advancement of any economically weaker sections of citizens.

Statement 1 is correct. Article 39(a) states that the State shall, in particular, direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood.

Statement 2 is correct. Article 39A states that the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Both statements are incorrect.

As per article 226(1) of the Constitution every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose.

Statement 1 is correct. Under the Constitution of India, Labour is a subject in the Concurrent List where both the Central & State Governments are competent to enact legislation subject to certain matters being reserved for the Centre. Trade Unions; industrial and labour disputes are listed as Entry 22 in Concurrent List.

Statement 2 is correct. All citizens have the fundamental right to form associations or unions or co-operative societies. [Article 19(c)]

Option 1 is correct. Article 25(1) states that subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.

Option 2 is incorrect. In the case of Stanislaus vs State of Madhya Pradesh (1977), the court made a clear distinction between the right to propagate one’s religion or faith and the right to convert. Court ruled that former is guaranteed by Article 25 of Constitution. Conversion enjoys no such protection.

Option 3 is correct. Article 26 states that subject to public order, morality and health, every religious denomination or any section thereof shall have the right—

–to establish and maintain institutions for religious and charitable purposes;

–to manage its own affairs in matters of religion;

–to own and acquire movable and immovable property; and

–to administer such property in accordance with law.

Statement 1 is incorrect. Under Article 22 (2) every arrested person must be produced before a magistrate within 24 hours after arrest. However, Article 22 (3) provides exception in case of preventive detention detainees and enemy aliens from the said clause.

Statement 2 is incorrect. As per the article 22(4), no law providing for preventive detention shall authorize the detention of a person for a longer period than three months unless:

-an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention;

-or such person is detained in accordance with the provisions of any law made by Parliament.

All of the above are provided for in the Constitution of India.

Article 15 provides for prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Further article the clause 15(3) sates that nothing in this article shall prevent the State from making any special provision for women and children.

Clause 15(4) states that nothing in this article shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

Clause 15(6)(a) states that nothing in this article shall prevent the State from making any special provision for the advancement of any economically weaker sections of citizens.

Both statements are correct.

Article 25, providing for the freedom of conscience and free profession, practice and propagation of religion, under clause 25(1) states that ‘subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion’.

Similar exception is provided under article 26 regarding freedom to manage religious affairs.

Sub-clause 25(2)(a) provide for power of the state for making any law regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice.

Statement 1 is correct. Article 25(2) provides for State’s power with regard to Right to Freedom of Religion. It empowers State to make any law—

-regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

– providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

The reference to Hindus is construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion.

Statement 2 is correct. Article 26 of the Constitution provides that ‘subject to public order, morality and health, every religious denomination or any section thereof shall have the right—

-to establish and maintain institutions for religious and charitable purposes;

-to manage its own affairs in matters of religion;

-to own and acquire movable and immovable property; and

-to administer such property in accordance with law

Both statements are incorrect. The definitions of vertical and horizontal reservations have been interchanged in the above statements.

In Indra Sawhney v. Union of India 1992 case, the principle of reservations in India was explained.

There are two types of reservations, which are often referred to as vertical reservations and horizontal reservations. The reservations in favour of Scheduled Castes, Scheduled Tribes and Other Backward Classes [under Article 16(4)] may be called vertical reservations whereas reservations in favour of physically handicapped [under Article 16(1)] and women [under Article 15(3)] can be referred to as horizontal reservations.

Horizontal reservations cut across the vertical reservations, what is called interlocking reservations.

# Suppose 3% of the vacancies are reserved in favour of physically handicapped persons; the persons selected against this quota will be placed in the appropriate category; if she belongs to SC category he will be placed in that quota by making necessary adjustments; similarly, if she belongs to open competition (OC) category, she will be placed in that category by making necessary adjustments.

# Even after providing for these horizontal reservations, the percentage of reservations in favour of Backward Class of citizens remains and should remain the same.

The rights and duties of the citizens are correlative and inseparable; the original constitution contained only the fundamental rights and not the fundamental duties

• In other words, the framers of the Constitution did not feel it necessary to incorporate the fundamental duties of the citizens in the Constitution.

 However, they incorporated the duties of the State in the Constitution in the form of Directive Principles of State Polity.

 42nd Amendment Act of 1976 added 10 Fundamental Duties to the Indian Constitution.

 Swaran Singh Committee in 1976 recommended Fundamental Duties, the necessity of which was felt during the internal emergency of 1975-77.

 86th Amendment Act 2002 later added 11th Fundamental Duty to the list.

The Directive Principles resemble the ‘Instrument of Instructions’ enumerated in the Government of India Act of 1935.

 In the words of Dr B R Ambedkar, ‘the Directive Principles are like the instrument of instructions, which were issued to the Governor-General and to the Governors of the colonies of India by the British Government under the Government of India Act of 1935.

 What is called Directive Principles is merely another name for the instrument of instructions.

 The only difference is that they are instructions to the legislature and the executive’.

The relevant Articles of the Constitution which govern the entire reservation set up are the following:

 Article 16(4): Nothing in this Article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

 Article 46: The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.

 Article 335: The claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State.

The Constitution does not contain any classification of Directive Principles. However, on the basis of their content and direction, they can be classified into three broad categories, viz, socialistic, Gandhian and liberal–intellectual.

Socialistic principles reflect the ideology of socialism. They lay down the framework of a democratic socialist state, aim at providing social and economic justice, and set the path towards welfare state. They direct the state:

1. To promote the welfare of the people by securing a social order permeated by justice—social, economic and political—and to minimize inequalities in income, status, facilities and opportunities (Article 38).
2. To secure

 The right to adequate means of livelihood for all citizens;

 The equitable distribution of material resources of the community for the common good;

 Prevention of concentration of wealth and means of production;

 Equal pay for equal work for men and women;

 Preservation of the health and strength of workers and children against forcible abuse; and

 Opportunities for healthy development of children (Article 39).

1. To promote equal justice and to provide free legal aid to the poor (Article 39 A).
2. To secure the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement (Article 41).
3. To make provision for just and humane conditions of work and maternity relief (Article 42).
4. To secure a living wage, a decent standard of life and social and cultural opportunities for all workers (Article 43).
5. To take steps to secure the participation of workers in the management of industries (Article 43 A).
6. To raise the level of nutrition and the standard of living of people and to improve public health (Article 47).

NOTE: Article 48 – The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle – represent both Gandhian and liberal–intellectual principles.