Constitutions and Law

The Directive Principles of State Policy in Part IV of the Indian Constitution were borrowed from the Irish Constitution (Ireland). These principles guide the state in making laws and policies for social welfare.

Article 17 of the Indian Constitution abolishes untouchability and makes its practice in any form a punishable offence. This is a fundamental right under the Right to Equality.

Article 32 of the Indian Constitution guarantees the Right to Constitutional Remedies. Dr. B.R. Ambedkar called this the 'heart and soul of the Constitution' as it empowers citizens to directly approach the Supreme Court for the enforcement of their fundamental rights. Article 226 deals with High Court writ jurisdiction, while Article 14 guarantees equality before law.

Article 32 of the Indian Constitution guarantees the Right to Constitutional Remedies, allowing citizens to directly approach the Supreme Court for enforcement of fundamental rights. Dr. Ambedkar called it the 'heart and soul' of the Constitution.

The concept of judicial review was borrowed from the US Constitution, where the Supreme Court established this power in the landmark case Marbury v. Madison (1803). Dr. B.R. Ambedkar and the framers adopted this mechanism to ensure the Constitution remains supreme. France and the UK do not follow this system - in the UK, Parliament is sovereign.

The Central government can issue directions to states on matters in the Union List (defence, foreign affairs, etc.), Concurrent List (education, marriage, etc.), and even on State List items during emergencies under Article 352, 356, or 360. Article 256-263 also enable central directives. This reflects India's federal structure with central biases during crises.

The Union List (List I of Seventh Schedule) contains 97 subjects on which only Parliament can legislate. The State List has 66 subjects for states, and Concurrent List has 47 subjects where both can legislate.

The Constitution establishes a strong centre with extensive powers including emergency provisions, single citizenship, and authority over states during President's Rule. It creates a federal system with unitary bias, not a weak centre.

The Constitution ensures judicial independence through multiple provisions: charged salaries on Consolidated Fund (not subject to annual vote), difficult removal process (impeachment), and prohibition on post-retirement practice. All these together protect independence.

The Constitution of India vests the residuary powers in the Union Government.

Article 329 of the Constitution elaborates the bar to interference by courts in electoral matters. Article 329(1) prohibits courts from interfering in electoral matters, while Article 329(2) empowers Parliament to make laws to provide for presentation of election petitions and disputes to appropriate authorities.

Article 327 of the Constitution empowers Parliament to make laws relating to elections to Parliament and State Legislatures. This includes provisions regarding the preparation of electoral rolls, delimitation of constituencies, and other electoral matters. Article 328 deals with State Legislature powers, while 329 bars judicial interference in electoral matters.

The Preamble reflects the philosophy, ideals, and aspirations of the Constitution's framers. It declares India as a sovereign, socialist, secular, democratic republic and outlines justice, liberty, equality, and fraternity as core values. While Directive Principles and Fundamental Rights are important, they flow from the Preamble's vision.

Directive Principles of State Policy are guidelines for establishing a just society and making India a welfare state. They aim to make the Constitution an instrument of social change by addressing socioeconomic inequalities. They are not about curbing authoritarianism (that's Fundamental Rights), judicial supremacy, or constitutional hierarchy.