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5720202124262727EditorialIndian Constitution and Political System :Facts to be RememberedThe Indian Political System and theConstitution61616263The Background65A Brief History of Constitutional Development65Major Characteristics of the ConstitutionThe Framing of the Indian ConstitutionIndian Constitution : A Brief Introduction65Part I : The Union and its Territory (Art. 1– 4)66Part III : Fundamental Rights (Art. 12– 35)67Part II : Citizenship (Art. 5 –11)67Right to Equality (Art. 14–18)68Part IV : Directive Principles of State Policy (Art.36–51)7432The President8734Council of Ministers272828293132333536414344484949Right to Freedom (Art. 19–22)Part IV A : Fundamental Duties (Art. 51A)81The Vice-President of India88Parliament : Union Legislature89Officers of ParliamentThe Union Judiciary (Art. 124–147)Comptroller and Auditor General of India (Art.148–151)Part VI : The StatesHigh Courts in the StatesSubordinate CourtsThe Union Territories50Panchayats (Art. 243–243-O)57Relations between the Union and the States535978The Municipalities (Art. 243 P–243 ZG)Services under the Union and the StatesIndian Polity / 3939598Elections (Art. 324-343)Special Provision Relating to CertainClassesOfficial LanguageEmergency ProvisionsProtection of President and Governors fromLegal ProceedingsAmendment of the ConstitutionTemporary Provisions with respect to theState of Jammu and KashmirCommencement of the ConstitutionSchedulesAppendicesThe Constitutional Amendment Acts(1951–2012)Indian Political SystemNature of the Indian Political SystemFundamental RightsDirective Principles of State PolicyImplementation of Directive Principles ofState PolicyHuman Rights Issues in IndiaNature of Indian Federal System and itsEvaluationCentre-State RelationsEfforts for the Improvement of Centre-StateRelations100 Inter-State Relations101 Reorganisation of States102 Election of the President : Its Process andPolitics105 Election of the Vice-President of India113 Council of Ministers114115Position of the Prime MinisterIndian Parliament

116Speaker and Dy. Speaker of the House of thePeople163Public Policy in India167Panchayati Raj and Community DevelopmentProgramme118Law Making Procedure120Questions in Parliament127The Committees of Parliament168 Organisation of Three Tier Panchayati RajSystem133Indian Judiciary173134Supreme CourtPolitical Party System, Pressure Groups,Election Commission and Election Process139The Leading Cases of Supreme Court174Indian Party System141The State Executive175Pressure Groups146 Role and Position of the Chief Minister176Election Commission147The State Legislature178Election ProcessCivil Services in India : Nature and Role181Indian Politics : Style, Nature and Culture153 Bureaucracy181Political Culture155The Political Executive (Ministers) vs. TheBureaucracy182Indian Political Culture183Nature of Indian Politics155Generalist vs. Specialist Controversy186Important Commissions156Committed Bureaucracy188Indian Democracy156Role of Bureaucracy in Development189Political and Constitutional Terminology158Governance and Good Governance in India198Questions–Answers159Planning in India220163Political ImpactsDevelopmentRules of Procedure and Conduct ofBusiness in Lok Sabha/Rajya Sabha226Objective Type Questions150ofPlannedEconomicThe concurrence of the views of the Editor is not necessary for any matter or figure published in Pratiyogita Darpan.Indian Polity / 4—Editor

Be Aware : Be HappyHappiness is sought by everyone, but the search is not focused inthe right direction. We waste precioustime seeking happiness in the mirageof objects, places and people somuch so that some seek happinessin caves, mountains or on the shiftingsands of deserts, practising severepenance. Those who seek happinessin the objective domain, are calledextroverts. They simply waste theirtime in wasteless efforts disregardingthe subject.In fact happiness is a function ofthe subjective. But it is not possible toseek happiness in the subjectivebecause subjective cannot becomean object of seeking. This means thatto seek happiness in either directionis to miss happiness.At the same time, happiness isalways near us—rather within us. It isfor us to have it now ?Suppose we sit to solve a mathematical problem. We fail in ten efforts.But succeed in the eleventh one. Howhappy we feel ! At that time we forgetall about our surroundings and eventhose ten efforts in which we had tomeet failure. All of us know it full well,when Archimedes hit upon the idea ofdensity. He left his bathroom and rancrying—with no clothes on his body–Eureka, Eureka. I am sure, our youngreaders would agree with me thatwhen we get success in our efforts,specially after sincere and with onepointed efforts, we feel happy. Sohappiness lies neither in the objectivenor in the subjective, it lies within uswhich is evoked by doing our workwith full devotion. Had it not been so,persons, whom we honour and callgreat, should not have devoted theirwhole lives in making researches,inventions or fighting for country’sfreedom. Our freedom fighters neverfelt sorry or bitter for having undergone all sorts of tyrannies or spending the best part of their life behindthe bars.On the other hand, they felthappy and proud for that. Many of ourIndian Polity / 5budding youngsters felt happy everycentimetre when they kissed thenoose of the gallows. In short, a person experiences happiness, when hehas the satisfaction of having donewith a sense of duty what he believesto be right. At the same time, realisation of happiness makes one detached, silent and contemplative. In thephilosopher’s language this state ofthe mind may be called a self-awareness. Once Raman Marshi told toKavya Kantha Ganpathi Muni, aVedic scholar and a devotee ofShakti, that meditation means just tobe happy. Being conscious of one’signorance is meditation. So, ouryoung men and women will do wellnot to feel elated on their gainingknowledge or making achievements.The more they become conscious oftheir limitations, the more they wouldbe happy and more their path tosuccess would become easy. A greatscientist like Newton used to thinkhimself as a child who only soughtpebbles on the sea shore and had notdared enter the ocean of knowledge.Can happiness be an enduringexperience in the ups and downs ofactual living ? The answer is both yesand no. If one lives in constantawareness, i.e., fully conscious of hiscommitments to life, he is happy. Incase otherwise, he is unhappy. I takethis opportunity to repeat that happiness is not to be sought. It is like abutterfly. The more one chases it, themore it eludes him Happiness isalready here. One may experience it,if he takes the hardships of life withcheer and devotion.Creativity is the core of happiness. As rightly said, we have nomore right to consume happinesswithout producing it. Happiness is notin doing, but in liking what you do. Inthe words of Pt. Jawahar Lal Nehru,“Happiness and work are weddedtogether, for there can be no truehappiness without feeling that one isdoing something worthwhile.” A contemporary of Nehru Aldous LeonardHuxley also connects happiness withcreating something new and useful—Happiness is like coke, somethingyou get as by-product in the processof making something else. Thereason—one always feels happywhen he sees that he has createdsomething. The great Hindi saint poetTulsidas said who does not likepoems written by him whether theyare sweet or not—fut d fo ds fg kx u uhd k ‰ljl gksm vƒok vfr œ hd k ‰‰Earl Nightingale said rightly—The happiest people on earth arethose who are emotionally involved inwhat they do. So two things go tomake happiness enjoyable—hardwork and devotion. If one puts one’sheart and soul into what one does,one enjoys that state of consciousness which is called bliss. This givesus the all important equation—happiness is the manifestation of bliss,which is always within the reach ofthose, who take work as worship.Happiness is not somethingwhich can be categorised as subjective or objectives. It is neither.According to Bulwer—To be happyone has to forget himself, i.e., heceases to identify himself with time.A king on waking up told hisminister—in my dream, I was abutterfly, but on waking I foundmyself to be a king. Please tell mewhich of these two experiences is thetruth.” The minister replied, “yourhighness, doubtless you are king”—not a butterfly. The king was notconvinced. He said, “how do youknow ? It might be that I am the kingin the butterfly’s dream.”Obviously, the king was not prepared to identify himself with theobjective or the subjective world. Hewas quite aware that these experiences are quite elusive.To conclude happiness in everyday life means walking wakefully inthis dream world. Self awarenesshelps find true happiness.

At a Glance :THE ANNUAL SESSIONS OF THE CONGRESS PARTY ANDITS PRESIDENTS SINCE ITS INCEPTION IN 1885YearSession PlacePresidentYearSession nagarNew DelhiBhubaneshwarDurgapurJaipurBangaloreNew DelhiDew DelhiAhemdabadCalcuttaChandigarhNew DelhiNew DelhiCalcuttaNew DelhiTirupatiSurajkundNew DelhiNew DelhiCalcuttaBangaloreVallabh Bhai PatelR. Amrit LalJ. M. Sen GuptaRajendra PrasadRajendra PrasadJawaharlal NehruJawaharlal NehruSubhash Chandra BoseSubhash Chandra Bose (ThoughSubhash Chandra Bose was elected,he had to resign and RajendraPrasad was appointed in his place.)Maulana Abul Kalam AzadJawaharlal h Chand BanerjeeDadabhai NaorojiBadruddin TyabjiGeorge YuleSir William WedderburnFrozshah MehtaP. Anand CharluW. C. BanerjeeDadabhai NaorojiAlfred WebbS. N. BanerjeeRahimtulla SayaniC. S. NairA. M. BoseR. C. DuttN. G. ChandravarkarB. E. WachaS. N. BanarjeeL. M. GhoshSir Henry CottonG. K. GokhaleDadabhai NaorojiRashbihari GhoshRashbihari GhoshM. M. MalaviyaSir William WdderburnB. N. DharR. M. MadholkarSyed Mohamad BahadurBhupendra Nath BasuS. P. SinhaA. C. MazumdarMrs. Annie Besant(Special Session) Hassan Immam(Annual Session) M. M. MalaviyaMotilal NehruC. Vijyaragava-chariarC. R. Das (In prison) ActingPresident-Hakim Ajmal KhanC. R. Das(Special Session) Lala Lajpat Rai(Annual Session) Mohammad AliMahatma GandhiSarojini NaiduS. Srinivas IyengerM. A. AnsariMotilal NehruJawaharlal NehruJawaharlal NehruIndian Polity / 6J. B. KripalaniPattabhi SitaramaiahPurushottam Das TandonJawaharlal NehruJawaharlal NehruJawaharlal NehruU. N. DhebarU. N. DhebarU. N. DhebarU. N. DhebarU. N. DhebarIndira GandhiN. Sanjiva ReddyD. SanjivayyaK. KamarajK. KamarajK. KamarajS. NijalangappaC. SubramaniamJagjivan RamD. SanjivayyaShankar Dayal SharmaD. K. BarooahBrahamananda ReddyIndira GandhiIndira GandhiRajiv GandhiP. V. Narsimha RaoP. V. Narsimha RaoP. V. Narsimha RaoP. V. Narsimha RaoSitaram KesariSonia Gandhi (Till present)

INDIAN CONSTITUTION AND POLITICAL SYSTEM(Facts to be Remembered)THE MAKING OF THECONSTITUTION Indian Constitution was framed by aConstituent Assembly in a long timeof 2 years, 11 months and 18 days. Itis the longest Constitution in theworld. An amount of 64 lakh wasspent in making the Constitution. The demand for a Constituent Assem-bly to draft Indian Constitution was,for the first time, raised by the Congress in 1935. The British Government accepted this demand, for thefirst time, in principle in the Augustproposals of 1940. The Constituent Assembly was con-stituted in Nov. 1946 through indirectelection of its members by provinciallegislatures under the provisions ofCabinet Mission Plan, 1946. The Assembly consisted of total 389members, of which 292 were to beelected from provinces, 93 were to benominated from princely States andfour members were to be nominatedfrom Chief Commissioner’s Areas.Each province was allocated seats inproportion to its population. Also, theseats were further allocated to threecommunities—Muslim, Sikhs andGeneral—in proportion to their population. Roughly one member was torepresent a population of 10 lakh. Each provincial assembly elected itsmembers for the Constituent Assembly through the single transferablevote system of proportional representation. The method of representationin princely states was to be decidedwith their consultation. The Mountbatten plan of 3rd June,1947 announced partition of thecountry and a separate ConstituentAssembly for the proposed state ofPakistan. Consequently the membersof Constituent Assembly representingthose areas which were to be includedin Pakistan—West Punjab, EastBengal, North-West Frontier Province(NWFP), Sindh, Baluchistan andSylhet district of Assam were no moremembers of Indian Constituent Assembly. NWFP and Sylhet decidedthrough a referendum to remain withIndian Polity / 7 Pakistan. Thus, the membership of theIndian Constituent Assembly was reduced to 299 after partition and only284 members signed the Constitutionon 26 Nov., 1949.The first meeting of the ConstituentAssembly was held on Dec. 9, 1946which was boycotted by MuslimLeague.Dr. Sachchidanand Sinha was electedas temporary Chairman and later Dr.Rajendra Prasad was elected as permanent President of the ConstituentAssembly.Shri B. N. Rau was appointed asLegal Advisor to the ConstituentAssembly.Jawaharlal Nehru introduced Objective Resolution’ on 13th Dec. 1946,which was adopted by the ConstituentAssembly on January 22, 1947. Itsmodified version forms the Preambleof Indian Constitution.To facilitate the work of Constitutionmaking, the Assembly appointed 22Committees, of which 10 were onProcedural Affairs and 12 on Substantive Affairs. The main committeeswere—Rules of Procedure Committee, Committee for Negotitatingwith States, Steering Committee,Union and Provincial ConstitutionCommittees, Flag Committee etc. However, the most important was theseven member Drafting Committeeheaded by Dr. B. R. Ambedkar, whichwas set-up on Aug. 29, 1947. Theother members of the Committeewere—N. Gopalswami Ayyangar,Alladi Krishnaswami Ayyar, K. M.Munshi, Mohammad Saadullah, B. L.Mittar (replaced by N. Madhav Raulater) and D. P. Khaitan (who died in1948 and was replaced by T. T.Krishnamachari). The Drafting Committee finalised theDraft Constitution of India in Feb.1948 and the second reading of thesame by the Assembly was completedon Oct 17, 1948. For the third readingof the Constitution, the Assembly meton Nov. 14, 1949 and finished it onNov. 26, 1949. The Constitution wasadopted on the same date with members and the President signing theConstitution. According to Article 394, some of theprovisions of the Constitution relatingto citizenship, elections, provisionalparliament and temporary and transitional provisions contained in Articles5, 6, 7, 8, 9, 60, 324, 366, 367, 379,380, 388, 391, 392, and 393 came intoforce on 26th Nov., 1949 and theremaining provisions of the Constitution came into force on 26th Jan.,1950. The Republic Day is celebrated on26th Jan, because India was declaredRepublic on this day in 1950.Republic means, a form of government where the Head of the State(President) is directly or indirectlyelected by people. January 26 was selected as the date ofCommencement of Indian Constitution because of its historical significance. It was on this date in 1930 thatIndian people observed ‘Independence Day’, following the resolutionof congress session held in Dec. 1929at Lahore. The Constituent Assembly came toend on 24 Jan., 1950 but it emerged asprovisional parliament on 26 Jan. tillthe elections of Lok Sabha. The President of the Assembly Dr. RajendraPrasad was appointed as the First President of the Indian Republic till theelections. According to Article 395, with theCommencement of Indian Constitution, the Indian Independence Act,1947, and the Govt. of India Act,1935 are repealed. But the Abolitionof Privy Council Jurisdiction Act,1949 was not repealed. Some constitutional experts do notrecognise the Constituent Assemblyas sovereign body as it was created bythe proposals of British Govt. Butafter India became independent inAug. 1947, the Constituent Assemblyfunctioned as a sovereign entity for allpractical purposes. Jawaharlal Nehru, Sardar VallabhBhai Patel, Rajendra Prasad, MaulanaAbul Kalam Azad, Acharya J. B.Kriplani, T. T. Krishnamachari andDr. B. R. Ambedkar played a verysignificant role in Constitution making. However, Dr. Ambedkar is recognised as ‘Father of the Indian Constitution’.

PREAMBLE Besides Preamble, the Constitutionoriginally contained 395 articles and 8schedules. Presently it has 395 articlesand 12 schedules.The Preamble of the Constitution is apart of the Constitution, but it is notenforceable by courts. It can beamended like other provisions of theConstitution. The courts can take recourse to the Preamble in order toexplain and clarify other provisions ofthe Constitution. This was the viewheld by the Supreme Court in theBerubari Union Case, (1960) and thesame view was reiterated in Keshvanand Bharti case in 1973.The phrase, “We the people of India do hereby Adopt, Enact and toGive to ourselves this Constitution”,written in the Preamble underlined theSupremacy and Sovereignty of thepeople of India.The Preamble is non-justiciable. Thatmeans, courts can not pass ordersagainst government to implement theideas contained in the Preamble. Forexample, Government of India movedon the path of liberalisation and privatisation in 1991, without removingthe word ‘Socialism’ from the Preamble. Now courts cannot force thegovernment to incorporate the idea ofsocialism. Infact, the Preamble enshrines the goals and ideals of theConstitution.British political thinker EarnestBarker has appreciated and cited thePreamble in the opening of his book‘Principles of Social and PoliticalTheory’.The Preamble declares India to be a‘Sovereign, Socialist, Secular, Democratic Republic’, and ensures to provide to all its citizens ‘Justice—social,economic and political’, ‘equality ofstatus and opportunity’, ‘freedom ofthought’, expression, belief, faith andworship’, ‘dignity of individual’ and‘unity and integrity of the nation’.The Preamble has been amended onlyonce so far in 1976 by 42nd Amendment which inserted the words,‘Socialism’, ‘Secularism’ and ‘Integrity’.The term Socialism does not mean‘State Socialism’, that is ownership ofall means of production and distribution by the State but it means reducing the inequalities between rich andpoor. This is also referred to as ‘socialistic pattern of society’, which wasadopted as a goal of Indian state byIndian Polity / 8the Congress in its Avadi session in1955. The term ‘Secularism’ means equalrespect and equal protection of allreligions by government, which inother words is, ‘Sarva DharmSambhav’. This meaning is distinctfrom the negative concept of Secularism held in western traditions that is,separation of religion and politics/state. The Preamble is termed as ‘PoliticalHoroscope’ by K. M. Munshi, ‘Key tothe Constitution’ by Earnest Barker,and ‘Soul of the Constitution’ byThakurdas Bhargav. Because of complexity of its provisions, the IndianConstitution is termed as ‘Paradise ofLawyers’ by M.V. Paylee. GranvilleAustin says that Indian Constitution isbasically a social document’. UNION AND STATES India has opted for the Federal formof Government due to its large sizeand sociocultural diversities, but theword ‘Federation’ does not find mention in the Constitution. Instead,article 1 declares, ‘India’ that isBharat, shall be a Union of States’.The term ‘Union’ was suggested byDr. B. R. Ambedkar, which indicatestwo things, first, Indian Union is not aresult of agreement of independentand sovereign states, and second, theUnits/States do not have right tosecede from the Union. Thus, India isan ‘indestructible union of destructible states’. The states are destructible as Union Government canchange their names and boundarieswithout their consent. D. D. Basu terms Indian Constitutionas mixture of unitary and federalfeatures. According to K. C. Wheare,it is ‘quasi-federal’, it is less federaland more unitary. For prof. Alexandrowicz, ‘India is a case ‘Sui Generis’(i.e., Unique in Character); for SirIvor Jennings, it is a federation withstrong centralising tendency, and forGranville Austin, it is an example of‘co-operative federalism’. There are presently 29 States and 7Union Territories in Indian Union.The Union Territory of Goa, Damanand Diu was bifurcated in 1987 tomake the state of Goa and UT ofDaman & Diu. Andhra Pradesh wasthe first state created on the basis oflanguage in 1953. The States ofIndian Union were reorganised on thebasis of language in 1956 followingthe recommendation of State Reorganisation Commission, 1955, headed by Fazal Ali. Other two members ofthe Commission were K. M. Panikkarand H. N. Kunzru.The Union Territory of Pondicherry(now Puducherry) became part ofIndian Union in 1962 after French leftfrom India. Puducherry consists offour areas scattered in differentregions—Puducherry and Karaikal inTamil Nadu, Yanam in AndhraPradesh and Mahe in Kerala.The Supremacy of Constitution hasbeen recognised in India as againstthe Supremacy of Parliament inBritain.As provided in the 7th schedule of theConstitution, powers of governmenthave been divided between Union andStates. The Union List contains 97subjects, State List has 66 subjectsand there are 47 subjects in the Concurrent List. In case of ConcurrentList both Union and States can makelaws but Union law prevails in case ofcontradiction between the two. By the42nd Amendment, 1976, five subjectshave been shifted from State List toConcurrent List. These subjects are—administration of justice and organisation of all courts except SupremeCourt and High Courts; Forests;Population Control and Family Planning; Education, including medical andtechnical education; and weights andmeasures except establishment ofstandards.The Residuary powers have beenvested with the Union Government. Itshould be noted that under the federalsystem proposed by the Governmentof India Act, 1935, these powers werevested with Governor-General ofIndia.The State of Jammu & Kashmir hasbeen given special status under Article370, which became operative on Nov.17, 1952. The State has a separateConstitution which was drafted by theConstituent Assembly of J & K andbecame effective on Jan. 26, 1957.The provisions of Article 370 cannotbe amended by parliament; but it canbe made inoperative by the order ofPresident of India with prior consentof the Constituent Assembly of J &K.The Assembly will have to be reconstituted for this purpose.There are special provisions for theStates of Andhra Pradesh, Gujarat andMaharashtra under Article 371, forthe State of Nagaland under Article371A, for Assam under Article 371Band for Sikkim under Article 371F.Indian provinces/states do not havetheir separate Constitution as inAmerica. They are also not entitled totake loan or trade with foreign coun-

tries directly. They do not have rightto secede from the Union. Indian federal system is more alikethe Canadian system. Indian states aredependent upon central governmentfor economic assistance. There is asingle citizenship in India. States donot have right to accord separate citizenship to their residents. The Central Government (Parliament)has right to change the boundary andnames of states (Article 3). This act ofParliament will not be considered asamendment to the Constitution, i.e.,this can be done with simple majorityby the Parliament (Article 4)TheParliament can enact law in a subject of State List if it has beendeclared as a subject of national importance by Rajya Sabha with 2/3majority of present and voting, orwhen proclamation of National Emergency is in operation, or when legislatures of two or more states have desired so. FUNDAMENTAL RIGHTSAND DUTIES To ensure the overall development of citizens, the Fundamental Rights havebeen provided in the Part III (Articles12–35) of the Constitution.According to Article 13 of the Constitution, the Fundamental Rights cannot be modified or limited in any wayexcept by the procedure of Constitutional Amendment.The Fundamental Rights are justiciable i.e., they are protected by judiciary in case of their violation.The individuals can directly approachthe Supreme Court or High Courts forthe protection of their FundamentalRights. Under the Right to Constitutional Remedies, both SupremeCourt and High Court can issue writsof Habeas Corpus, Mandamus, QuoWarranto, Prohibition and Certiorari.The Right to Constitutional Remedieshas been described by Dr. Ambedkaras the soul of the Constitution.Seven Fundamental Rights were provided in the original Constitution.But the Right to Property has beenrepealed as Fundamental Right andhas been converted into an ordinarylegal right under Article 300A by the44th Amendment in 1978. Consequently, at present, there are only SixFundamental Rights.The Six Fundamental Rights are : (i)Right to Equality, (ii) Right to Freedom (iii) Right against Exploitation,Indian Polity / 9 (iv) Right to Religious Freedom, (v)Cultural and Educational Rights and(vi) Right to Constitutional Remedies.Right to Freedom contains six freedoms.The 86th Constitution (Amendment)Act, 2002 added a new article 21-A inRight to Freedom. The Article 21-Arelates to Right to Education whichreads. The state shall provide free andcompulsory education to all childrenof the age of six to fourteeen years insuch manner as the state may, by law,determine.Fundamental Rights are generallysuspended during operation of National Emergency. Right to Freedomunder Article 19 is automatically suspended. Other Rights may be suspended by a declaration of the President to that effect. But Rights to Lifeand Personal Liberty under Article 20and 21 cannot be suspended evenduring National Emergency.Fundamental Duties were not provided in the original Constitution. TenFundamental Duties were added by42nd Amendment in 1976 in Article51A of Part IVA along with DirectivePrinciples of State Policies.Like Directive Principles of StatePolicy, the Fundamental Duties arealso non-justiciable. However, theycan be enforced by the governmentthrough enactment of laws by appropriate Legislatures.There were 10 Fundamental Dutiesadded to the Constitution by 42ndAmendment in 1976. The eleventhduty (k) relating to the provision ofopportunities for education to thechildren between the age of six andfourteen years was added by 86thAmendment Act, 2002.DIRECTIVE PRINCIPLESOF STATE POLICY The Directive Principles of StatePolicy are described in Articles 36–51 under Part IV of the Constitution. Majority of the Directive Principlesaim at the establishment of social andeconomic democracy or the establishment of a Welfare State, whichhas been resolved in the Preambleitself. The State is not bound to implementthe provisions of Directive Principles,i.e., they are non-justiciable. Thusthey cannot be enforced by the courts. Some new Directive Principles havebeen added by the 42nd Amendmentin 1976.CONSTITUTIONAMENDMENT According to K. C. Wheare, IndianConstitution strikes a balance between rigidity and flexibility, that is,it is both rigid and flexible at the sametime. The procedure for the Amendment ofthe Constitution is given in Article368 of Part XX of the Constitution. The Constitution can be amended inthree ways : (i) By Special Majorityin both Houses of Parliament, i.e.,Majority of the total membership and2/3 of the present and voting; (ii) bythe special Majority, as describedabove, and the consent of more thanhalf of the total States of the Union(Consent of 15 states at present). Thethird way to amend the Constitution isnot described in Article 368 but it ismentioned in the articles where it isapplicable. These Articles can bemodified or repealed by simple majority. Thus, the third way to ‘amend’the Constitution is by passing the billby simple majority in both houses ofParliament. The first Amendment to the Constitution was made in 1951. So far, 94Constitutional Amendments havebeen enacted. The 42nd and 44thamendments are exhaustive as well asimportant.UNION EXECUTIVE The executive power of the Union is vested in the President.The President is designated as the firstcitizen of India.India has adopted Parliamentary system of government. Therefore, thePresident is nominal executive andreal executive is the Council of Ministers headed by the Prime Minister.No person shall be eligible for election as President unless he is a citizenof India.The minimum age prescribed for thepost of President is 35 years.A person to become the Presidentmust fulfil the qualifications prescribed for a member of Lok Sabha.President does not hold membershipof either house of Parliament or StateLegislatures.The President is elected indirectly byan Electoral College through thesingle transferable vote system of proportional representation.

The Electoral College consists of elected members of Lok Sabha, RajyaSabha and Provincial LegislativeAssemblies. It has been provided bythe 70th Amendment Act, 1992 thatelected members of the LegislativeAssemblies of Union Territories ofPuducherry and Delhi can also participate in the election of President.The nomination of a candidate for thepost of President has to be proposedby 50 members and seconded byanother 50 members of the

Indian Polity / 5 Be Aware : Be HappyBBe Aware : Be Happye Aware : Be Happy Happiness is sought by every-one, but the search is not focused in the right direction. We waste precious time seeking happiness in the mirage of objects, places and people so much so that s

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