Medium Level – GK Questions

Article 56: President's term is 5 years. They can resign by writing to Vice President, or be removed by impeachment for 'violation of the Constitution' under Article 61. Impeachment requires 2/3 majority of total membership of Parliament after charges are framed by either House.

Article 54: President is elected by an Electoral College comprising elected members of Lok Sabha, Rajya Sabha, and State Legislative Assemblies. Nominated members of Parliament and State Legislatures, and members of Legislative Councils do not participate. The election follows proportional representation by single transferable vote.

Article 36 states that definitions in Part III (Fundamental Rights) apply to Part IV (DPSP) unless context otherwise requires. Thus, 'State' under Article 12 (including government, legislature, local authorities, etc.) applies to DPSP enforcement, though DPSP themselves are non-justiciable.

Article 40 (organisation of village panchayats) existed in original DPSP. The 73rd (1992) and 74th (1992) Amendments added Parts IX and IXA to the Constitution, giving constitutional status to Panchayats and Municipalities with justiciable provisions, not merely Directive Principles. So, they are enforceable now.

Article 41 is a socialist principle directing the State to secure, within economic capacity, the right to work, education, and public assistance in cases of unemployment, old age, sickness, and disablement. While not justiciable, it has inspired MGNREGA, pension schemes, and disability welfare programs.

Article 42 directs the State to make provision for securing just and humane conditions of work and for maternity relief. This has led to legislation like the Maternity Benefit Act, 1961 (amended 2017), Factories Act, and various labour welfare laws ensuring worker protections.

Article 46 is a socialist-Gandhian principle directing the State to promote educational and economic interests of weaker sections, especially SCs and STs, and protect them from social injustice and exploitation. This underpins reservation policies and welfare schemes for marginalized communities.

Article 48A was inserted by the 42nd Amendment (1976) directing the State to protect and improve the environment and to safeguard forests and wildlife. This, along with Article 51A(g) (Fundamental Duty), forms the constitutional basis for environmental jurisprudence in India.

Article 43B was inserted by the 97th Amendment (2011) to strengthen the co-operative movement. However, the Supreme Court in 2021 struck down parts of this amendment relating to State co-operative societies, upholding it only for Union Territories and multi-State co-operative societies.

Article 50 directs separation of judiciary from executive to ensure independence of judiciary and fair administration of justice. This has been largely implemented through judicial reforms, though complete separation remains a work in progress in some states.

Article 48 directs the State to: (a) organise agriculture and animal husbandry on modern and scientific lines, (b) preserve and improve breeds of cattle, and (c) prohibit slaughter of cows, calves, and other milch and draught cattle. It reflects Gandhian and economic planning principles.

Article 39A was added by the 42nd Amendment (1976) to provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. This led to the Legal Services Authorities Act, 1987, establishing Lok Adalats and NALSA.

Article 44 states: 'The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.' It aims to replace personal laws based on religion with a common set of laws governing marriage, divorce, inheritance, etc. It remains unimplemented due to political and social sensitivities.

Article 39(d) is a socialist principle directing the State to secure 'equal pay for equal work for both men and women'. This has been reinforced by judicial decisions (Randhir Singh case, 1982) and statutory provisions like the Equal Remuneration Act, 1976.

Gandhian principles in DPSP include: village panchayats (Article 40), cottage industries (Article 43), prohibition of intoxicants (Article 47), and protection of cows (Article 48). Uniform Civil Code (Article 44) is a liberal-intellectual principle, not specifically Gandhian.

DPSP were inspired by the Irish Constitution (1937), which itself borrowed from the Spanish Constitution. The Irish concept of 'Directive Principles of Social Policy' aimed to guide the State in achieving socio-economic goals. India adapted this to its own developmental needs.

Certiorari ('to be certified') is issued by a higher court to a lower court/tribunal to quash its order when it exceeds jurisdiction or violates principles of natural justice. Prohibition is preventive (issued before order), while Certiorari is curative (issued after order). Both available under Articles 32 & 226.

Article 29(1) protects the right of any section of citizens (not just minorities) residing in India having a distinct language, script, or culture to conserve the same. Article 29(2) prohibits denial of admission to State-funded educational institutions on grounds of religion, race, caste, language, or any of them.

Article 28 has three clauses: (1) No religious instruction in State-funded educational institutions, (2) Institutions established under endowment/trust may impart religious instruction, (3) No person attending State-recognized or State-aided institutions shall be required to attend religious instruction without consent (if minor, guardian's consent).

Article 27 states: 'No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.' However, fees for religious services or voluntary contributions are not prohibited.