GK Questions

Speaker of Lok Sabha is elected by members of Lok Sabha from amongst themselves (Article 93). President appoints PM (Article 75), CJI (Article 124), CEC (Article 324), Governors, Judges, etc. Understanding appointment authorities is crucial for Polity 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 58 specifies qualifications for President: (a) citizen of India, (b) completed 35 years of age, (c) qualified for election as Lok Sabha member, (d) not holding any office of profit. These ensure maturity and constitutional eligibility for the highest executive office.

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.

In Minerva Mills Ltd. v. Union of India (1980), the Supreme Court held that the Indian Constitution is founded on the bedrock of balance between Fundamental Rights (Part III) and Directive Principles (Part IV). Neither has primacy; they are complementary and supplementary, together forming the core of constitutional philosophy.

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 38(2), added by the 44th Amendment (1978), directs the State to minimise inequalities in income, status, facilities, and opportunities not only among individuals but also among groups of people residing in different areas or engaged in different vocations. It strengthens the egalitarian vision of the Constitution.

Article 43 directs the State to secure: (a) living wage, (b) decent standard of life, (c) leisure, and (d) social and cultural opportunities for workers. This aims at holistic development of labour force beyond mere economic sustenance, reflecting the welfare state ideal.

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.

Originally, in State of Madras v. Champakam Dorairajan (1951), SC held FRs prevail over DPSP. However, the 25th Amendment (1971) inserted Article 31C giving precedence to DPSP under Articles 39(b) & (c) over Articles 14, 19 & 31. The 42nd Amendment expanded this, but Minerva Mills (1980) struck down the expansion, restoring balance. So, it's not absolute.

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 47 is a Gandhian principle directing the State to: (a) raise nutrition levels, (b) improve standard of living, (c) improve public health, and (d) prohibit intoxicating drinks and drugs injurious to health, except for medicinal purposes. Several states have implemented prohibition policies based on this.

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 43A was inserted by the 42nd Amendment (1976) to secure participation of workers in management of industries, undertakings, or other organisations. This aims at industrial democracy and has been partially implemented through provisions in the Companies Act and labour laws.

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 49 is a cultural-educational principle directing the State to protect monuments, places, and objects of artistic or historic interest declared of national importance by Parliament. This is implemented through the Ancient Monuments and Archaeological Sites and Remains Act, 1958.

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.