These Constitutional Law Unit II LLB notes provide a structured academic reference covering the governance architecture of the Indian Republic across Part IV, Part IVA, the Union and State Executives, and the Union Parliament. Law students preparing for first-semester three-year LL.B examinations will find clear analysis of Directive Principles of State Policy, Fundamental Duties, the constitutional status of the President and Governor, parliamentary privileges, and legislative procedures. The material integrates statutory provisions, leading judicial precedents, and doctrinal principles governing constitutional law in India.
Directive Principles of State Policy Part IV and Fundamental Duties
Part IV of the Constitution of India (Articles 36 to 51) embodies the Directive Principles of State Policy Part IV, drawn from the Irish Constitution. Under Article 36, the definition of State corresponds to Article 12. While Article 37 declares these principles non-enforceable in courts, it explicitly mandates that they are fundamental in governance and that the State has a constitutional duty to apply them when enacting legislation.
Classification of Directive Principles
The Directive Principles are classified into three ideological categories:
- Socialistic Principles: Article 38 directs the State to promote public welfare by securing a just social order. Article 39 obligates the State to ensure adequate livelihood, equitable resource distribution, prevention of wealth concentration, equal pay for equal work, and the protection of workers and children. Article 39-A guarantees equal justice and free legal aid. Articles 41, 42, and 43 provide for the right to work, education, maternity relief, and living wages. Article 43-A mandates worker participation in industry management.
- Gandhian Principles: Article 40 provides for organizing village panchayats. Article 43 promotes cottage industries, Article 46 protects educational and economic interests of Scheduled Castes and Scheduled Tribes, Article 47 mandates prohibition of intoxicating drinks, and Article 48 directs the organization of agriculture and animal husbandry.
- Liberal-Intellectual Principles: Article 44 advocates for a Uniform Civil Code for all citizens. Article 45 focuses on early childhood care. Article 48-A directs environmental and forest protection. Article 49 protects national monuments. Article 50 directs judicial separation from executive functions. Article 51 promotes international peace and treaty obligations.
Harmonious Construction Between Rights and Principles
The relationship between Fundamental Rights (Part III) and Directive Principles (Part IV) evolved through landmark Supreme Court rulings. In Champakam Dorairajan (1951), the Court regarded Directive Principles as subordinate to Fundamental Rights. However, in Kesavananda Bharati (1973) and Minerva Mills (1980), the Supreme Court established the doctrine of harmonious construction. The Court held that Part III and Part IV together form the core of the Indian Constitution, representing two wheels of a chariot where neither can be sacrificed for the other.
Fundamental Duties Under Article 51-A
Inserted by the 42nd Constitutional Amendment Act, 1976 on the recommendation of the Swaran Singh Committee, Part IVA contains Article 51-A prescribing fundamental duties. Originally comprising ten duties, the 86th Amendment Act, 2002 added an eleventh duty under clause (k) requiring parents to provide education to children aged six to fourteen years. Fundamental duties serve as civic reminders and guide judicial interpretation of statutory provisions.
The Union Executive: President of India Executive Powers and Functions
Part V, Chapter I (Articles 52 to 78) establishes the Union Executive, comprising the President, Vice-President, Council of Ministers, and the Attorney General for India. Under Article 53, the executive power of the Union is vested in the President, exercised directly or through subordinate officers.
Election, Removal, and Constitutional Position
The President of India is elected by an electoral college under Article 54, consisting of elected members of both Houses of Parliament and elected members of State Legislative Assemblies. Removal from office occurs through impeachment under Article 61 only for violation of the Constitution, requiring a two-thirds majority of the total membership of each House.
President of India Executive Powers and Functions in Governance
The President of India executive powers and functions include administrative appointments, military command, diplomatic representation, emergency declarations (Articles 352, 356, 360), pardoning powers under Article 72, and ordinance-making authority under Article 123 during recess. Under Article 74(1), the President acts on the aid and advice of the Council of Ministers headed by the Prime Minister. Landmark rulings in Ram Jawaya Kapur (1955) and Samsher Singh (1974) settled that the President is the formal constitutional head, while real executive power resides in the Council of Ministers.
The State Executive: Governor Powers and Council of Ministers Advice
Articles 153 to 167 govern the State Executive. The Governor is appointed by the President under Article 155 and holds office during presidential pleasure under Article 156.
Discretionary Powers and Judicial Review
Regarding Governor powers and Council of Ministers advice, Article 163 provides that the Council of Ministers headed by the Chief Minister aids and advises the Governor, except where functions are exercised in discretion. The Governor exercises discretion when reserving bills under Article 200, recommending President's Rule under Article 356, and appointing a Chief Minister in a hung assembly. Decisions in S.R. Bommai (1994) and Nabam Rebia (2016) affirmed that gubernatorial discretion is subject to judicial review against arbitrariness.
Parliamentary Privileges and Legislative Procedure India
Articles 79 to 122 regulate Parliament, adopting bicameralism consisting of the President, Rajya Sabha, and Lok Sabha. The Anti-Defection Law in the Tenth Schedule (Articles 101-104) penalizes voluntary party resignation or defying party whips, with disqualification decisions subject to judicial review under Kihoto Hollohan (1992).
Legislative Procedure and Parliamentary Privileges
The framework of Parliamentary privileges and legislative procedure India distinguishes Ordinary Bills (Articles 107-108) from Money Bills (Articles 109-110). Money Bills originate exclusively in the Lok Sabha on presidential recommendation, with the Rajya Sabha given fourteen days to provide recommendations. Parliamentary privileges under Article 105 grant speech freedom and judicial immunity for parliamentary speech and votes, alongside collective powers to regulate proceedings and punish contempt.