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📌Directive Principles Of State policy (DPSP)

The constitution of India aims to establish not only political democracy but
also socioeconomic justice to the people to establish a welfare state.

These provisions are given in Part IV of Indian Constitution.

Directive Principles of state policy are in the form of instructions to the governments at the centre as well as states.

Though these principles are non justiciable, they are fundamental in the governance of the country.

The idea of the Directive Principles of State Policy has been taken from the
Irish Republic .

The Directive Principles of State policy were incorporated in our constitution in order to provide economic justice and to avoid concentration of wealth in the hands of few people.

The constitution covers from Article 36 to 51 as Directive Principles of State
Policy.

They are unique blend of socialistic, liberal, democratic and Gandhian Principles.

They describe as the ‘conscience of the constitution’.

In the “State of Tamil Nadu etc. Vs L.Abu Kavur Bai” case in 1984 , the Supreme court held that although directive principles of State Policy are not enforceable, yet the court should not avoid them

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42nd Amendment Act of 1976 added four new Directive Principles to the original list. Those DPSPs are:

1⃣   Article 39 - To secure opportunities for healthy development of children.

2⃣   Article 39A - To promote equal justice and to provide free legal aid to the poor.

3⃣   Article 43A - To take steps to secure the participation of workers in the management of industries

4⃣   Article 48A - To protect and improve the environment and to safeguard forests and wild life.

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Forwarded from UPSC Prelims Mains Notes
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📌Tax Revenues Distribution


✔️Article 268:- Centre levies, states collect (e.g., stamp duties)

✔️Article 269:- Centre levies, states collect and retain (e.g., inter-state trade taxes)

✔️Article 269A:- GST, distributed as per Parliament's recommendation

✔️Article 270:- Centre levies, distributed between Centre and States

✔️Article 271:- Surcharge proceeds go exclusively to the Centre.

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📌FIRST CONSTITUTIONAL AMENDMENT, 1951

✔️Enacted to address the challenges posed by certain judicial rulings, such as in the State of Madras v. Champakam Dorairajan and Romesh Thappar vs The State of Madras cases, the First Amendment led to notable shifts in the Indian Constitution.
✔️ Amendments Incorporated:
Article 15: Revised to empower the state to advance socially and economically backward classes.
✔️Articles 31A and 31B: Newly introduced along with the Ninth Schedule, these provisions provide safeguards for laws related to estate acquisitions.
✔️Article 19: Amended to include three additional grounds for restricting freedom of speech and expression: public order, friendly relations with foreign states, and incitement to an offence. It also stipulated that state trading and the nationalization of any trade or business would not be deemed invalid on grounds of violating the right to trade or business.

📌Impact of the First Amendment:

✔️Restrictions on Freedom of Speech and Expression: The amendment introduced more stringent controls in the interest of public order, state security, and maintaining friendly relations with foreign states.
✔️Caste-based Reservations: The amendment facilitated caste-based reservations by restricting Article 15's
applicability to government provisions for the advancement of backward classes.
✔️Property Rights: It circumscribed the right to property and validated the abolition of zamindari by enabling the state to acquire property without offering equitable compensation.
✔️Interplay Between Parliament and Judiciary: This amendment established a precedent for amending the Constitution to circumvent judicial decisions impeding government policies and programmes.
✔️ Social Justice: It endorsed the abolition of zamindari and the redistribution of land among the poor, ensuring the constitutional validity of agrarian reform measures.
✔️Judicial Review: The addition of the Ninth Schedule limited the scope of Judicial Review by protecting laws listed under this schedule from judicial scrutiny

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Forwarded from UPSC Test Series
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