Constitutions and Law

Part IV of the Indian Constitution contains the Directive Principles of State Policy, which embody the philosophy of socio-economic justice. These principles, inspired by the Irish Constitution, provide guidelines for governance aimed at establishing a welfare state. They address fundamental issues like equitable wealth distribution, free legal aid, living wages, and promotion of educational and economic interests of weaker sections.

The Preamble's foundation is based on the Objectives Resolution (Uddeshya Prastava) moved by Nehru in 1946. It outlines the philosophy and fundamental values that guided the Constitution's framing.

The Planning Commission is not mentioned in the Indian Constitution. It was established by a Cabinet resolution in 1950 and functioned until 2014 when it was replaced by NITI Aayog. In contrast, the Finance Commission (Article 280), Election Commission (Article 324), and Union Public Service Commission (Article 315-323) are all Constitutional bodies explicitly mentioned in the Constitution.

In the Indian Constitution, the Budget is formally referred to as the Annual Financial Statement under Article 112. This terminology is used consistently in constitutional and parliamentary documents. The Budget is presented by the Finance Minister and outlines the government's estimated receipts and expenditures for a financial year (April 1 to March 31).

Both statements are correct. Statement 1 is true - Article 13 of the Constitution declares that laws inconsistent with Fundamental Rights are void, establishing judicial review. Statement 2 is also true - Articles 32 and 226 provide the mechanism for enforcement of Fundamental Rights through the Supreme Court and High Courts respectively, making them justiciable rights.

The Press Licensing Regulations of 1823 required every book or newspaper to print the printer and publisher's name and supply a free copy to the local government. This was part of British colonial control over the press in India.

Assertion A is true: The Constituent Assembly of 1946 was indeed not elected through universal adult franchise. Members were elected by the provincial assemblies, which themselves were elected on a limited franchise based on property, tax, and education qualifications. Reason R is also true but is not the correct explanation for A. The real reason for not using universal adult franchise was the practical difficulties of conducting elections on that scale during the transitional period, communal representation considerations, and the need to ensure representation of all communities - not Gandhiji's desire for best talent.

Article 112 of the Indian Constitution mandates that the President shall cause to be laid before both Houses of Parliament an annual financial statement (the Budget) showing estimated receipts and expenditure. This constitutional requirement ensures the Budget is presented before March 31st, the end of the financial year, for parliamentary approval and discussion.

The Supreme Court of India was established directly by the Constitution of India under Part V, Chapter IV (Article 124), coming into being when the Constitution commenced on January 26, 1950.

The 42nd Amendment (1976) explicitly stated that Directive Principles shall have primacy over Fundamental Rights. However, the Supreme Court later struck down this primacy clause in the Minerva Mills case (1980), restoring the balance. At the time of the amendment, Article 31C was expanded to give DPSP precedence.

The Preamble to the Indian Constitution reads 'Sovereign Socialist Secular Democratic Republic'. The term 'Federal' is explicitly absent as India describes itself as a 'Union of States' (Article 1), not a federal structure. India has federal features but is not strictly federal like the USA.

The Planning Commission was established by executive resolution in 1950 and was not a constitutional body. It was replaced by NITI Aayog in 2015. In contrast, Finance Commission, UPSC, and Election Commission are explicitly established by constitutional provisions (Articles 280, 315-323, and 324 respectively) and cannot be abolished by ordinary legislation.

Economic Planning is listed in the Concurrent List (List III) of the Indian Constitution. Both the Union and State governments can make laws on subjects in this list. The Union List has subjects exclusive to the central government, while State List subjects are exclusive to states.

Article 370 granted special autonomous status to Jammu and Kashmir, allowing the state to have its own constitution and considerable independence from the Indian Union. This article was a temporary provision that gave J&K unique powers compared to other states.

The Directive Principles of State Policy (Part IV of the Constitution) are non-enforceable in courts, unlike Fundamental Rights (Part III). They are guidelines for the government to establish a just society. The government cannot be sued for not implementing them, which is why they are described as 'non-enforceable'. They are not quasi-enforceable or partly enforceable - they are entirely non-justiciable.