Directive Principles of State Policy(DPSP) 

Articles 36-51 under Part-IV of Indian Constitution deal with Directive Principles of State Policy (DPSP). They are borrowed from the constitution of Ireland which had copied it from the Spanish Constitution. DPSP and Fundamental Rights form the soul of the constitution and are also important topics for IAS Exam and its three stages- Prelims, Mains and Interview.

This article will solely discuss the Directive Principles of State Policy, its importance in the Indian Constitution and the history of its conflict with Fundamental Rights. 

What are the Directive Principles of State Policy?

The Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable and the other being non-justiciable rights. The justiciable rights, as we know, are the Fundamental rights, whereas the non-justiciable ones are the Directive Principles of State Policy.

DPSP are ideals which are meant to be kept in mind by the state when it formulates policies and enacts laws. There are various definitions to Directive Principles of State which are given below:

• They are an ‘instrument of instructions’ which are enumerated in Government of India Act, 1935
• They seek to establish economic and social democracy in the country
• DPSPs are ideals which are not legally enforceable by the courts for their violation

Directive Principles of State Policy – Classification

Indian Constitution has not originally classified DPSPs but on the basis of their content and direction, they are usually classified into three types- Socialistic Principles, Gandhian Principles and, Liberal-Intellectual Principles.

The details of the three types of DPSPs are given below:

DPSP – Socialistic Principles
Definition: They are the principles that aim at providing social and economic justice and set the path towards the welfare state. Under various articles, they direct the state to:
Article 38	Promote the welfare of the people by securing a social order through justice—social, economic and political—and to minimise inequalities in income, status, facilities and opportunities
Article 39	Secure citizens: Right to adequate means of livelihood for all citizens Equitable distribution of material resources of the community for the common good Prevention of concentration of wealth and means of production Equal pay for equal work for men and women Preservation of the health and strength of workers and children against forcible abuse Opportunities for the healthy development of children
Article 39A	Promote equal justice and free legal aid to the poor
Article 41	In cases of unemployment, old age, sickness and disablement, secure citizens: right to work Right to education Right to public assistance,
Article 42	Make provision for just and humane conditions of work and maternity relief
Article 43	Secure a living wage, a decent standard of living and social and cultural opportunities for all workers
Article 43A	Take steps to secure the participation of workers in the management of industries
Article 47	Raise the level of nutrition and the standard of living of people and to improve public health

DPSP – Gandhian Principles
Definition: These principles are based on Gandhian ideology used to represent the programme of reconstruction enunciated by Gandhi during the national movement. Under various articles, they direct the state to:
Article 40	Organise village panchayats and endow them with necessary powers and authority to enable them to function as units of self-government
Article 43	Promote cottage industries on an individual or co-operation basis in rural areas
Article 43B	Promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies
Article 46	Promote the educational and economic interests of SCs, STs, and other weaker sections of the society and to protect them from social injustice and exploitation
Article 47	Prohibit the consumption of intoxicating drinks and drugs which are injurious to health
Article 48	Prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds

DPSP – Liberal-Intellectual Principles
Definition: These principles reflect the ideology of liberalism. Under various articles, they direct the state to:
Article 44	Secure for all citizens a uniform civil code throughout the country
Article 45	Provide early childhood care and education for all children until they complete the age of six years
Article 48	Organise agriculture and animal husbandry on modern and scientific lines
Article 49	Protect monuments, places and objects of artistic or historic interest which are declared to be of national importance
Article 50	Separate the judiciary from the executive in the public services of the State
Article 51	Promote international peace and security and maintain just and honourable relations between nations Foster respect for international law and treaty obligations Encourage settlement of international disputes by arbitration

Directive Principles of State Policy notes about its classification is important for UPSC 2020 and aspirants should learn these with articles mentioned.

What are the new DPSPs added by the 42nd Amendment Act, 1976?

42nd Amendment Act, 1976 added four new Directive Principles in the list:

S.No	Article	New DPSPs
1	Article 39	To secure opportunities for the healthy development of children
2	Article 39A	To promote equal justice and to provide free legal aid to the poor
3	Article 43A	To take steps to secure the participation of workers in the management of industries
4	Article 48A	To protect and improve the environment and to safeguard forests and wildlife

To read more on the 42nd Amendment Act, 1976, aspirants may check the linked article.

Facts about Directive Principles of State Policy:

1. A new DPSP under Article 38 was added by the 44th Amendment Act of 1978, which requires the State to minimise inequalities in income, status, facilities and opportunities.
2. The 86th Amendment Act of 2002 changed the subject-matter of Article 45 and made elementary education a fundamental right under Article 21A. The amended directive requires the State to provide early childhood care and education for all children until they complete the age of six years.
3. A new DPSP under Article 43B was added by the 97th Amendment Act of 2011 relating to co-operative societies. It requires the state to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies.
4. The Indian Constitution under Article 37 makes it clear that ‘DPSPs are fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.’

Criticism of Directive Principles of State Policy

The following reasons are responsible for the criticism of Directive Principles of State Policy:

1. It has no legal force
2. It is illogically arranged
3. It is conservative in nature
4. It may produce constitutional conflict between centre and state

What is the conflict between Fundamental Rights & DPSPs?

With the help of four court cases given below, candidates can understand the relationship between Fundamental Rights and Directive Principles of State Policy:

Champakam Dorairajan Case (1951)

Supreme Court ruled that in any case of conflict between Fundamental Rights and DPSPs, the provisions of the former would prevail. DPSPs were regarded to run as a subsidiary to Fundamental Rights. SC also ruled that Parliament can amend Fundamental Rights through constitutional amendment act ti implement DPSPs.

Result: Parliament made the First Amendment Act (1951), the Fourth Amendment Act (1955) and the Seventeenth Amendment Act (1964) to implement some of the Directives.

Golaknath Case (1967)

Supreme Court ruled that Parliament cannot amend Fundamental Rights to implement Directive Principles of State Policy.

Result: Parliament enacted the 24th Amendment Act 1971 & 25th Amendment Act 1971 declaring that it has the power to abridge or take away any of the Fundamental Rights by enacting Constitutional Amendment Acts. 25th Amendment Act inserted a new Article 31C containing two provisions:

• • No law which seeks to implement the socialistic Directive Principles specified in Article 39 (b)22 and (c)23 shall be void on the ground of contravention of the Fundamental Rights conferred by Article 14 (equality before law and equal protection of laws), Article 19 (protection of six rights in respect of speech, assembly, movement, etc) or Article 31 (right to property).
  • No law containing a declaration for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such a policy.

Kesavananda Bharti Case (1973)

Supreme Court ruled out the second provision of Article 31C added by the 25th Amendment Act during Golaknath Case of 1967. It termed the provision ‘unconstitutional.’ However, it held the first provision of Article 31C constitutional and valid.

Result: Through the 42nd amendment act, Parliament extended the scope of the first provision of Article 31C. It accorded the position of legal primacy and supremacy to the Directive Principles over the Fundamental Rights conferred by Articles 14, 19 and 31.

Minerva Mills Case (1980)

Supreme Court held the extension of Article 31C made by the 42nd amendment act unconstitutional and invalid. It made DPSP subordinate to Fundamental Rights. Supreme Court also held that ‘the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles.’

Supreme Court’s rulings following the case were:

• Fundamental Rights & DPSPs constitute the core of the commitment to social revolution.
• The harmony and balance between Fundamental Rights and Directive Principles of State Policy is anessential feature of the basic structure of the Constitution.
• The goals set out by the Directive Principles have to be achieved without the abrogation of the means provided by the Fundamental Rights.

Conclusion: Today, Fundamental Rights enjoy supremacy over the Directive Principles. Yet, Directive Principles can be implemented. The Parliament can amend the Fundamental Rights for implementing the Directive Principles, so long as the amendment does not damage or destroy the basic structure of the Constitution.

Directive Principles of State Policy – Facts relevant for UPSC Prelims

The table below mentions a few specific points about DPSPs that aspirants can take help from, for UPSC prelims:

DPSP for UPSC Prelims
What is its full form?	Directive Principles of State Policy
From which country is it borrowed?	Ireland (Which had copied it from Spanish Constitution)
How many articles are under DPSP?	Article 36-51 belong to DPSP
Which part in Indian Constitution deals with DPSP?	Part-IV belongs to DPSP
How many types of DPSP are there?	There are three types: 1.      Socialist 2.      Gandhian 3.      Liberal-Intellectual
Have Directive Principles ever amended?	Yes, 42nd Amendment Act, 44th Amendment Act, and 86th Amendment Act have added/deleted a few DPSPs.
Are DPSP justiciable?	No, DPSPs are non-justiciable in nature.
Are DPSP sub-ordinate to Fundamental Rights?	There is a balance between both. Fundamental Rights can be amended to implement Directive Principles until it does not harm basic structure of the Constitution.
Who described DPSP as ‘novel feature’ of Constitution?	Dr. B.R. Ambedkar
From where does Indian DPSPs find its motivation?	Irish Home Rule Movement
What are the recent developments in favor of DPSPs?	There are various such acts enacted to enforce DPSP. They are: ·         Prevention of Atrocities Act (In favor of Article 46) ·         Minimum Wages Act (In favor of Article 43) ·         Consumer Protection Act ·         Equal Remuneration Act (In favor of Article 39)

All India Services - IAS, IPS and IFS

The All India Services comprises the three prestigious civil services of India and they are the Indian Administrative Service (IAS); Indian Police Service (IPS); and Indian Forest Service (IFS).

The common exceptional feature of the All India Services is that the candidates selected for these civil services are recruited by the Center (Union Government in federal polity), however, their services are allotted under various State Cadres and they have the accountability to serve both under the State and the Centre. Because of the federal polity of the country, this is regarded as one of the mechanisms that make the Union Government stronger than the State Governments.  The officers of these three civil services act in accordance with the All India Services Rules that includes paying, deportment, leave, several allowances and etc. To get into the All India services, candidates must clear the UPSC civil services exam. In this article, you will also read about the salary of IAS and IPS, and also the corresponding posts in IFS.

Start your UPSC 2020 preparation today!

Cadre Controlling Authority

The recruitment for IAS and IPS is conducted through the Civil Services Examination which is held by the Union Public Service Commission (UPSC) every year. While for IFS, the preliminary examination is combined with the Civil Services Exam and the other stages of the exam are held separately. The candidates who are selected are recruited as officers and trained by the Central Government, and then allocated to different State cadres.

The cadre controlling authorities of the All India Services i.e. of IAS, IPS, and IFS are as follow:

All India Service	Cadre Controlling Authority
Indian Administrative Service (IAS)	Ministry of Personnel, Public Grievances and Pensions
Indian Police Service (IPS)	Ministry of Home Affairs
Indian Forest Service (IFoS)	Ministry of Environment, Forests and Climate Change

All India Services – Functions

Power, Purpose, and Responsibilities

The power, purpose, and responsibilities of these All India Services are described in the All India Services Act, 1951 which authorizes the Government of India with the consultation of State Governments to make guidelines and procedures for the service conditions and the recruitment of the people appointed to All India Services.

The All India Service (Conduct) Rules, 1968 governs the All India Services which specifies the code of conduct for Civil Servant overall.

Responsibilities

The responsibilities of the officers vary from junior civil servant officers who start with probation and as they go up in the hierarchical positions to the senior civil servant.

District Level	Divisional Level	State and Central levels
The responsibilities are related to matters of the district and all affairs of development.	The job is related to law and order to.	Framing of policy

Allocation, Division, and Cadres

The officers of All India Services are classified into cadres which are derived from various zones to which they are allocated to work.

Cadres

There are twenty-four cadres in the country and also there are three joint cadres: Assam-Meghalaya; Manipur-Tripura; and Arunachal Pradesh-Goa-Mizoram-Union Territories (AGMUT).

*The cadre allocation policy has changed recently. Please check the official website.

The officers of the All India Services (AIS) namely, Indian Administrative Service (IAS); Indian Forest Service (IFS) and Indian Police Service (IPS) are divided into state cadres.

During their probation, the All India Service Officers are allotted to their States and officers of the All India Services working with the Union Government are also posted on deputation for few years.

Almost two-third of the All India Services Officers who are allotted to the State Cadre is from outside the state and the remaining may be the original residents of the allocated State.

Once an officer is allocated to a State Cadre, he/she generally continues to work with that State Cadre during his/her whole service.

Candidates who are recruited are allocated to different cadres and on a need basis, may also be moved to Central Government jobs on deputation.

INDIAN ADMINISTRATIVE SERVICE (IAS)

The Indian Administrative Service is one of the All India Services among the other two i.e. the Indian Forest Service and Indian Police Service.

Candidates who are selected as IAS Officers are trained to manage Government affairs. Every civil servant is allotted to a particular office with policy framing and implementing as the major responsibility in that particular area.

The policy issues are framed, modified, and interpreted in this post under the direct supervision of the Administrative Office with the consent of the Minister. On the advice of the officer, the implementation of the policies is also done. The policy-making matters of the government mechanism depend on the civil servant rank.

The process of implementation includes supervision as well as visiting/touring. The allotment of huge funds to and by the field officers mandates supervision and the concerned officials are answerable to queries made in the Parliament.

RANKS OF THE INDIAN ADMINISTRATIVE SERVICE

Below given are the ranks that an IAS officer will hold during his tenure.

• Cabinet Secretary ranks at the top
• Secretary/Additional Secretary
• Joint Secretary
• Director
• Under Secretary
• Junior Scale Officers

The ranks are given to the civil servant based on their seniority in the civil services.

Junior Scale Officer

An IAS Officer starts his career in the state as a probationary officer for two years. During this two year, the officer spends at training schools, field offices, Secretariat, or in a District Magistrate’s Office.

She/he is appointed as the Sub-Divisional Magistrate and has to take care of law, order and general administration like developmental work in the area which is allocated to her/him.

Senior Scale Officer

After the probationary period of 2 years as a junior scale officer, she/he moves to the senior scale where she/he functions as the District Magistrate, Managing Director of Public Enterprise or Director of a Department.

The Senior Scale comprises of the following designations:

• Senior Time Scale (Joint Secretary)
• Junior Administrative Grade (Additional Secretary)
• Selection Grade (Special Secretary)

The Senior Scale Officers are promoted as the Selection Grade Officers after 13 years of regular service.

Super Time Scale

The next promotion that a civil servant will be entitled within the States is the Commissioner-cum-Secretary and that would be after 16 years of regular service.

Above Super Time Scale

After 24 years of regular service, an IAS officer may be given on promotion as Principal Secretaries/Financial Commissioners in some states that entitle them to Above Super Time Scale.

REMARKABLE FEATURES OF IAS

As a civil servant, the officer also represents the Government of India in another country or in an international forum. An officer as a Deputy Secretary is also attributed to signing agreements on behalf of the Government.

Every State has many Secretaries/Principal Secretaries and only one Chief Secretary. In some States, the Secretaries designation are considered as more prestigious than others like the Finance Secretary, Home Secretary, Development Commissioners and enjoy the salary as the Principal Secretary.

The Chief Secretary in the State is the top rank that a civil servant can attain and the Chief Secretary may be assisted by Additional Chief Secretaries. While in some States/Cadres like New Delhi, the Financial Commissioner and other high ranking secretaries like Additional Chief Secretaries enjoy the same pay as the Chief Secretary.

In the District, the most senior person is the Collector or Deputy Commissioner (DC) or District Magistrate (DM). The Collector or Deputy Commissioner (DC) or District Magistrate (DM) handles the affairs of the District that includes the development functions.

The DM/C/DM necessarily visits all rural sectors to inspect specific projects, disputed sites and addresses the problems of people during the visit.

In the Division Level, the Divisional Commissioner is in charge of her/his division. Her/his responsibility is to take care of the law and order and general administration and development duties.

The Chairman of the Board of Revenue hears appeals against the Divisional Commissioner.

INDIAN FOREST SERVICE (IFS)

The Indian Forest Service is one of the All India Services along with the other two services namely Indian Police Service and Indian Administrative Service.

HISTORY

One of the earliest countries to have scientific forest management was India. The British established the Imperial Forest Department in 1864. The first Imperial Inspector General of Forests was a German named Dr. Dietrich Brandis. In 1867, the Imperial Forestry Service was organized. From 1867 to 1885, officers who were Imperial Inspector General of Forests were given training in France and Germany. From 1885 to 1905, they were trained at Cooper’s Hill London. From 1905 to 1926, training was done by the Universities of Cambridge, Oxford and Edinburgh. From 1927 to 1932, the forest officers were given training at the Imperial Forest Research Institute (FRI) situated in Dehradun which was established in 1906. The Indian Forest College was set up in 1938 at Dehradun.

The Forestry was transferred to the provincial list by the Government of India Act 1935 until then it was managed by the federal government and afterwards which the recruitment to the Imperial Forestry Service was discontinued.

After Independence, the Indian Forest Service (IFS) (the present day IFS) was established in 1966 under the All India Services Act 1951 for safeguard, preservation, and restoration of forest sources.

The Forest Area is included in the Concurrent List and India has about an area of 635,400 km forests, which is 19.32 per cent of the country.

RANKS OF THE INDIAN FOREST SERVICE

The ranks of the Indian Forest Service are as given below:

• Probationary Officer
• Divisional Forest Officer(DFOs)
• Deputy Conservator of Forests, Conservator of Forests(CFs)
• Chief Conservator of Forests(CCFs)
• AdditionalPrincipal Chief Conservator of Forests(Addl.PCCFs)
• Principal Chief Conservator of Forests(PCCF) (highest post in a State)
• Director General of Forests (DGF – highest post at Centre and selected from amongst the senior-most PCCFs of states)

REMARKABLE FEATURES OF IFS

The candidates who are selected for IFS are trained at the Indira Gandhi National Forest Academy. The officers are trained in such a way that they are hardened enough to serve in the most difficult terrains in the country.

The Indian Forest Service requires keen technical knowledge along with the excellent administrative ability to perform the duty.

In addition to getting entrusted with senior designations in the Central Secretariat, State Secretariats and various assignments under the Central Staffing Scheme, the IFS Officers also work in several International and National Organizations pertaining to the management of forests, wildlife, and environment such as

• Food and Agricultural Organization of the United Nations
• International Centre for Integrated Mountain Development
• SAARC Forestry Centre, Forest Survey of India
• Wildlife Institute of India, Indian Council of Forestry Research and Education (ICFRE)
• Indira Gandhi National Forest Academy(IGNFA)
• Directorate of Forest Education
• Wildlife Crime Control Bureau(WCCB) and etc.

INDIAN POLICE SERVICE (IPS)

The Indian Police Service (IPS) being one of the All India Services is accountable for public safety, internal security, and law and order.

After independence (1948), the Imperial Police (IP) was replaced by the Indian Police Service. The Indian Police Service in itself is not a law enforcement agency but it is the body to which all the senior police officers belong to irrespective for whichever agency they work.

An IPS Officer faces several life-threatening and is imperilled to harsh conditions. The Director General of Police of the Indian Police Service is entrusted with the overall law and order of the entire State, while the Superintendent of Police for the entire District and the Deputy commissioner or the Commissioner of Police for Metropolitan Cities or the entire city respectively. An IPS officer as the Commissioner of Police enjoys magisterial powers.

The Indian Police Service (IPS) though not equal to the Indian Administrative Service (IAS) is the only service in the country that comes close to the IAS considering the Power, Authority, and Speed in promotion whether at the State or in the Government of India.

RANKS OF THE INDIAN POLICE SERVICE (IPS)

The following are the ranks that an IPS officer takes charge as during her/his tenure in the service.

• Assistant Superintendent of Police (Sub-division for 2 years’ probation)

• Superintendent of PoliceorDeputy Commissioner of Police (After 4 years in service)

• Junior Administrative Grade (After 9 years in service)

• Selection Grade (After 13 years in service)

• Deputy Inspector General of PoliceorAdditional Commissioner of Police (After 14 years in service)

• Inspector General of Police(After 18 years in service)

• Additional Director General of Police(After 25 years in service)
• Finally, theDirector General of Police(after 30 years in service)

The Director General of Police and Commissioner of Police is the head of the entire police force of the State or Metropolitan City like Chennai, Delhi, Kolkata, Mumbai, etc., and below him/her comes the Additional DGP or Special Police Commissioner. While the InspectorGeneral or Joint Commissioner of Police is the head of specialized police force like the Criminal Investigation Department, Special Branch etc.

REMARKABLE FEATURES OF IPS

The Officers in Indian Police Service also work in national government agencies like

• Intelligence Bureau
• Research and Analysis Wing
• Central Bureau of Investigation and etc.

The IPS Officers also get to work in several PSUs like SAIL; GAIL; Indian Oil Corporation etc.

The IPS Officers also work At the State Secretariat and the Central Secretariat under the Central Staffing Scheme and in CAPFs like the Director General of Border Security Force, the Central Reserve Police Force, and the Central Industrial Security Force.

The IPS Officers also get opportunities to work in various International Organisations such as Consulates (Foreign Missions), United Nations (UN), International Cricket Council, Interpol and Embassies across the World in several dimensions such as Ambassador, Consul, Consul General, Deputy High Commissioner Minister, First Secretary, and High Commissioner.

EQUIVALENT RANKS OF ALL INDIA SERVICES (IAS, IPS, AND IFS)

Sl. No.	Indian Administrative Service	Indian Police Service	Indian Forest Service	Pay scale
1	Sub Divisional Magistrate (States)	Deputy Superintendent of Police	Assistant Conservator of Forests	15,600-39,100 plus grade pay of 5400
2	Under/Deputy Secretary to Government of India/Additional Deputy Commissioner/Joint Collector/Additional District Magistrate(States)	Additional Superintendent of Police	Divisional Forest Officer/Deputy Conservator of Forests	15,600-39,100 plus grade pay of 6600
3	Deputy Secretary to Government of India /Deputy Commissioner/Collector/District Magistrate(States)	Superintendent of Police	Divisional Forest Officer/Deputy Conservator of Forests (India)	15,600-39,100 plus grade pay of 7600
4	Director to Government of India/Deputy Commissioner/Collector/District Magistrate(States) (Selection Grade)	Senior Superintendent of Police	Deputy Conservator of Forests (India)/Director of Forestry(Selection Grade)	37,400-67,000 plus grade pay of 8700
5	Divisional Commissioner in a Division in states	Deputy Inspector General of Police	Conservator of Forests	37,400-67,000 plus grade pay of 8900
6	Joint Secretary to Government of India/Secretary to State Govt.	Inspector General of Police	Chief Conservator of Forests	37,400-67,000 plus grade pay of 10,000
7	Additional Secretary to Government ofIndia/Principal Secretary to State Govt.	Additional Director General of Police	Additional Principal Chief Conservator of Forests	HAG scale of 67,000-79,000
8		Director General of Police	Principal Chief Conservator of Forests	HAG + scale of 75,500–80,000
9	Secretary to Government of India/Chief Secretary of State	Director General of Police (State Police Chief)/Director Intelligence Bureau/Secretary RAW (R)/Director CBI/Director’s General of CAPF’s e.g. BSF, CRPF, CISF, ITBP, SSB etc./Director National Police Academy	Principal Chief Conservator of Forests, Head of Forest Forces (HoFF), Director General of Forests	80,000 (fixed)
10	Cabinet Secretary	No equivalent	No equivalent

Article 356 - President’s Rule

Article 356, also known as the imposition of President’s Rule in states has become a frequent topic in the news. This is hence, a very important topic for the UPSC exam. It is a part of the polity and governance segments of the UPSC syllabus.

In this article, you can read all about Article 356 and the President’s Rule in India, its mechanics, importance, misuse, etc.

Article 356

Article 356 of the Constitution of India is based on Section 93 of the Government of India Act, 1935.

According to Article 356, President’s Rule can be imposed on any state of India on the grounds of the failure of the constitutional machinery. This is of two types:

1. If the President receives a report from the state’s Governor or otherwise is convinced or satisfied that the state’s situation is such that the state government cannot carry on the governance according to the provisions of the Constitution.
2. Article 365: As per this Article, President’s Rule can be imposed if any state fails to comply with all directions given by the Union on matters it is empowered to.

In simple words, President’s Rule is when the state government is suspended and the central government directly administers the state through the office of the governor (centrally appointed).

It is also called ‘State Emergency’ or ‘Constitutional Emergency’.

President’s Rule 

Parliamentary approval is necessary for the imposition of President’s Rule on any state. The proclamation of President’s Rule should be approved in both Houses of the Parliament within two months of its issue. The approval is through a simple majority.

The President’s Rule is initially for a period of six months. Later, it can be extended for a period of three years with parliamentary approval, every six months.

The 44th Amendment to the Constitution (1978) brought in some constraints on the imposition of the President’s Rule beyond a period of one year. It says that President’s Rule cannot be extended beyond one year unless:

1. There is a national emergency in India.
2. The Election Commission of India certifies that it is necessary to continue the President’s Rule in the state because of difficulties in conducting assembly elections to the state.

What happens after President’s Rule is imposed?

• The governor carries on with the administration of the state on behalf of the President. He or she takes the help of the state’s Chief Secretary and other advisors/administrators whom he or she can appoint.
• The President has the power to declare that the state legislature’s powers would be exercised by the Parliament.
• The state legislative assembly would be either suspended or dissolved by the President.
• When the Parliament is not in session, the President can promulgate ordinances with respect to the state’s administration.

When is President’s Rule imposed?

It has been seen that the President’s Rule has been imposed when any one of the following circumstances have occurred:

1. The state legislature is not able to elect a leader as the Chief Minister for a time prescribed by the state’s governor.
2. Breakdown of a coalition in the state government, that leads to the CM having minority support in the legislature, and the CM is unable to prove his majority within the time prescribed by the governor.
3. A no-confidence vote in the legislative assembly leading to a loss of majority.
4. Postponement of elections owing to unavoidable reasons such as a natural disaster, epidemic or war.
5. Article 365 (explained above)

Revocation of President’s Rule

President’s Rule can be revoked anytime after such a proclamation has been made by a subsequent proclamation by the President. A proclamation of revocation does not require approval by the Parliament.

This occurs when the leader of a political party produces letters indicating majority support for him in the assembly and stakes his claim to form the state government.

Misuse of Article 356

Article 356 gave the Central government wide powers to stamp its authority on the state governments. Although it was meant only as a means to preserve the integrity and unity of the country, it had been used blatantly to oust state governments who were ruled by political opponents of the centre. 

• It was used for the first time in 1951 in Punjab. Between 1966 and 1977, Indira Gandhi’s government used it about 39 times against various states. 
• In the S.R. Bommai case (1994), the Supreme Court of India put forth strict guidelines for the imposition of Article 356.
  • The proclamation (of President’s Rule) is subject to judicial review on grounds of mala fide intention.
  • The imposition of Article 356 should be justified by the centre.
  • The court has the power to revive the suspended or dissolved state government if the grounds for the imposition is found to be invalid and unconstitutional.
  • The state assembly cannot be dissolved before parliamentary approval for the imposition of Article 356 and the President can only suspend the assembly.
  • Serious allegations of corruption against the state ministry and financial instability are not grounds for the imposition of Article 356.
  • Any action by the state government that leads to the security of secularism (which is a basic feature of the Constitution) cannot be grounds for the use of Article 356.
  • Article 356 cannot be used to sort out any intraparty issues in the ruling party.
  • If the Ministry of the state resigns or is dismissed or loses the majority, then the governor cannot advise the President to impose this article until enough steps are taken by the governor for the formation of an alternative government.
  • The power under Article 356 is to be used only in case of exigencies. It is an exceptional power.
• There have also been subsequent judgements of the SC that have limited the room for the misuse of this Article.
• The Sarkaria Commission Report (1983) recommended that Article 356 should be used “very sparingly” and only as a last resort.
  • The President’s proclamation of President’s Rule should include reasons as to why he thinks the state cannot run normally.
  • Whenever possible, the centre should give the state government a warning before imposing Article 356.
  • The Article should not be used for settling political scores.
  • The commission recommended the amendment of the article in order for the President to be authorised to dissolve the state legislature only after getting parliamentary approval.
• The Punchhi Commission recommended that the centre should try to bring only a specific troubled area under its jurisdiction and that too for a brief period, not more than three months.
  • The commission recommended that suitable amendments should be made to incorporate the guidelines established by SC in the Bommai case.
  • The commission recommended the provision of a ‘Localized Emergency’ which implies that the centre can tackle issues at town/district (local) level without dissolving the state legislative assembly while at the same time, performing the duty of the Union to protect States as per Article 355.

Money Bill in India

Money Bill in India - Indian Polity Notes

Money Bill is defined in Article 110 of the Indian Constitution. Money bills are concerned with financial matters like taxation, public expenditure, etc. The bill is significant for Indian Polity and governance as many important issues like Aadhar Bill, Insolvency and Bankruptcy Bill are also related to it. Questions from this topic have time and again surfaced in the IAS Exam. The topic ‘Money Bill’ is important for all three stages of examination- Prelims, Mains and also Interview.

This article will mention the details of Money Bill in India, its definition and how it is different from Financial Bill (Article 117 (1) & Article 117 (3)). The information provided will be helpful for IAS aspirants for UPSC Political Science which is an important subject for prelims, mains GS-II and Polity optional.

What is a Money Bill in India?

In Indian Constitution, Article 110 deals with Money Bill in India. There are few provisions for a bill to be deemed as a money bill. The provisions that make a bill a money bill in India are given below:

S.No	Provisions for Money Bill in India
1	The imposition, abolition, remission, alteration or regulation of any tax
2	The regulation of the borrowing of money by the Union government
3	The custody of the Consolidated Fund of India or the contingency fund of India, the payment of money into or the withdrawal of money from any such fund
4	The appropriation of money out of the Consolidated Fund of India
5	Declaration of any expenditure charged on the Consolidated Fund of India or increasing the amount of any such expenditure
6	The receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money, or the audit of the accounts of the Union or of a state
7	Any matter incidental to any of the matters specified above

There have been questions from this topic in UPSC Prelims before, and are expected in UPSC 2020 too. IAS aspirants should focus on facts related to money bill which will be given in the latter part of the article.

Article 110 of Indian Constitution also gives provisions following which a bill cannot be deemed as a money bill. Those provisions are given below:

S.No	Bill is not a Money Bill when it provides for
1	Imposition of fines or other pecuniary penalties
2	Demand or payment of fees for licenses or fees for services rendered
3	Imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes

Financial Bill – Article 117 of Indian Constitution

Financial Bills are dealt under articles 117 (1) and article 117 (3.) Though Money Bill is a species of financial bill however, not all financial bills are money bill. These bills are categorized as:

1. Financial Bills (I)- Article 117 (1)
2. Financial Bills (II)- Article 117 (3)

Facts about Financial Bills (I):

• It is defined as a bill that contains matters not only related with Article 110 (Money Bill) but also other matters of finances.
• Its similarity with money bill:
  • It is introduced only in Lok Sabha similar to Money Bill
  • It is introduced only on the recommendation of President
• Its difference with money bill:
  • It can be either rejected or amended by the Rajya Sabha which is not the case with money bill
  • There is a provision of joint sitting summoned by President in case of deadlock
  • President can give his assent, withhold the bill or can even return the bill for reconsideration

Facts about Financial Bills (II):

• It is defined as bill that solely deals with provisions involving expenditure from Consolidated Fund of India and does not include any matter of money bill (Article 110.)
• It is treated as ordinary bill in all respects unlike Financial Bill (I)
• Special Feature: It cannot be passed by either houses of the Parliament unless President has recommended them for consideration of the bill
• It can be either rejected or amended by either House of Parliament
• There is a provision of joint sitting summoned by President in case of deadlock
• President can give his assent, withhold the bill or can even return the bill for reconsideration

These bills are important to understand as they form an important stage to know how a bill is passed in Indian Parliament. After knowing what money bill and finacial bill are, read below to know the difference between the two

Difference Between Money Bill & Financial Bill in India for UPSC

Till now we have understood that all money bills are financial bills but not all financial bills are money bills. To get more clarity, aspirants are advised to follow the table given below:

Difference	Money Bill	Financial Bill
Article	Article 110	Article 117 (I) Article 117 (II)
Meaning	Exclusively deals with the financial matters prescribed under Article 110	Deals with the provisions of revenue and expenditure
Form	Government Bill	Ordinary Bill
Introduced In	Lok Sabha Only	Bills under Article 117 (1) can be introduced in Lok Sabha only Bills under Article 117 (3) can be introduced in both the houses.
President’s Prior Approval	Required	Required
Speaker’s Certification	Yes	No
Rajya Sabha’s Role	No Role	Same role as that of Lok Sabha
Joint Sitting	No Provision	Yes, if any deadlock

After President’s assent, these bills become the act and are published in the Indian Statute Book.