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Answer: Article 38
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.
Answer: Article 42
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.
Answer: Article 48A
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.
Answer: Article 43A
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.
Answer: Article 48
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.
Answer: Article 44
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.
Answer: Uniform civil code
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.
Answer: Part IV
Part IV (Articles 36-51) contains Directive Principles of State Policy (DPSP). They are non-justiciable (not enforceable by courts) but fundamental in governance. The State is duty-bound to apply them while making laws, aiming to establish social and economic democracy.
Answer: Article 34
Article 34 empowers Parliament to indemnify any person (government servant or other) for acts done in connection with martial law to restore order in any area. It also validates sentences passed or acts done during martial law. This is a rare provision invoked only in extreme situations of rebellion or war.
Answer: Certiorari
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.
Answer: Article 29
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.
Answer: Article 26
Article 26 grants religious denominations (or sections thereof) four rights: (a) establish and maintain institutions for religious/charitable purposes, (b) manage their own affairs in matters of religion, (c) own and acquire movable/immovable property, (d) administer such property according to law. Subject to public order, morality, and health.
Answer: Article 23
Article 23 prohibits traffic in human beings, begar (forced labour without payment), and other similar forms of forced labour. Any contravention is punishable by law. However, the State can impose compulsory service for public purposes (e.g., military service, disaster relief) without discrimination.
Answer: K.S. Puttaswamy case (2017)
In Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), a 9-judge bench unanimously held that right to privacy is a fundamental right under Article 21. While Maneka Gandhi (1978) expanded Article 21 to include due process, Puttaswamy specifically recognized privacy as intrinsic to life and liberty.
Answer: Economic policy of the government
Article 19(2) permits reasonable restrictions on freedom of speech on eight grounds: sovereignty & integrity of India, security of the State, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, and incitement to an offence. Criticism of economic policy is generally protected speech.
Answer: Article 16
Article 16 guarantees equality of opportunity in matters of public employment. It prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, or residence. Exceptions include residence-based reservations for certain states (Article 16(3)) and reservations for backward classes (Article 16(4)).
Answer: Article 12
Article 12 defines 'State' to include Government of India, Parliament, State Governments, State Legislatures, and all local or other authorities within India or under the control of Government of India. This definition is crucial for determining against whom Fundamental Rights can be enforced.
Answer: Key concepts (transformative constitutionalism, proportionality test, basic structure), landmark cases (Puttaswamy, Navtej Singh Johar, Vishaka), legislative frameworks (RTE Act, DPDP Act), and contemporary applications (digital rights, climate justice)
Rights jurisprudence last-minute revision strategy: (a) Key concepts: Transformative constitutionalism (rights as tool for social change), proportionality test (balancing rights vs state interests), basic structure (core rights unamendable) — foundational for conceptual questions, (b) Landmark cases: Puttaswamy (privacy), Navtej Singh Johar (LGBTQ+ rights), Vishaka (gender justice), MC Mehta (environment), Anuradha Bhasin (digital rights) — applied understanding for case-based questions, (c) Legislative frameworks: RTE Act (education), NFSA (food security), POCSO Act (child protection), RPwD Act (disability rights), DPDP Act (data privacy) — rights operationalization for governance questions, (d) Contemporary applications: Digital governance (privacy, inclusion), climate justice (environmental rights), intersectionality (compounded discrimination) — relevance for current affairs linkage, (e) Answer framework: Concept + Case + Legislation + Contemporary + Balanced solution — template for high-scoring Mains answers. Efficient revision focusing on high-yield, integrative knowledge essential for exam success.
Answer: Conceptual clarity, case study application, contemporary relevance, critical analysis, and balanced solutions
High-scoring rights jurisprudence answer structure (UPSC Mains): (a) Conceptual clarity: Define rights expansion, transformative constitutionalism, basic structure doctrine, proportionality test — foundational concepts, (b) Case study application: Illustrate principles with examples — Puttaswamy (privacy), Navtej Singh Johar (LGBTQ+ rights), Vishaka (gender justice), Anuradha Bhasin (digital rights), (c) Contemporary relevance: Link to current issues — data protection (DPDP Act), climate litigation, intersectional discrimination, (d) Critical analysis: Evaluate strengths (adaptive interpretation, PIL access) and challenges (implementation gaps, resource constraints, political will), (e) Balanced solutions: Propose reforms — strengthening enforcement institutions, capacity building, awareness campaigns, inclusive policy design. This structure demonstrates: analytical depth, applied knowledge, contemporary awareness, critical thinking, solution orientation — key markers for high scores in GS-II and Essay papers.
Answer: Constitutional provisions, landmark case studies, legislative frameworks, contemporary challenges, and comparative perspectives
Holistic rights jurisprudence preparation strategy: (a) Constitutional provisions: Master Fundamental Rights (Articles 12-35), DPSP (Articles 36-51), Amendment procedure (Article 368), writ jurisdiction (Articles 32, 226) — foundational text, (b) Landmark case studies: Puttaswamy (privacy), Navtej Singh Johar (LGBTQ+ rights), Vishaka (gender justice), MC Mehta (environment), Anuradha Bhasin (digital rights) — applied understanding, (c) Legislative frameworks: RTE Act (education), NFSA (food security), POCSO Act (child protection), RPwD Act (disability rights), DPDP Act (data privacy) — rights operationalization, (d) Contemporary challenges: Digital governance (privacy, inclusion), climate justice (environmental rights), intersectionality (compounded discrimination) — relevance to current affairs, (e) Comparative perspectives: South Africa (dignity), Canada (proportionality), EU (data privacy) — contextualize Indian model. Integration enables: (i) Conceptual clarity (rights as dynamic, transformative), (ii) Analytical depth (evaluating strengths/challenges), (iii) Contemporary application (linking provisions to current issues), (iv) Balanced answers (acknowledging complexity, proposing reforms). Essential for UPSC Mains high-scoring answers in GS-II, Essay, and optional papers.