- Composition: Chief Justice of India + 33 judges (since 2019).
- Qualifications: Indian citizen; 5 years HC judge / 10 years HC advocate / distinguished jurist.
- Appointment: Appointed by the President in consultation with CJI and judges.
- Term: Holds office till 65 years; can resign to the President.
- Removal: Only by impeachment by Parliament for misbehaviour/incapacity.
- Seat: New Delhi (or any place decided by CJI with President’s approval).
Key Points
Key Points: The Supreme Court
Key Points: Criticism of Directive Principles of State Policy
- Lack of Legal Force
- Mere Declarations
- Lack of Clarity & System
- Impracticable in Practice
- Outdated / Borrowed Ideas
Key Points: Justification / Significance of Directive Principles of State Policy
- Backed by Public Opinion.
- Foundation of a Welfare State.
- Moral Ideals of the Constitution.
- Guide for State Policy.
- Supplementary to Fundamental Rights.
Key Points: The Present Position
- Parliament can amend Fundamental Rights under Article 368, but not the Basic Structure of the Constitution.
- Judiciary has the power of judicial review.
- Fundamental Rights enjoy legal superiority.
- Article 31(c) is still operative, but protection is limited only to laws implementing Article 39(b) and (c) against Articles 14 and 19.
- State must implement both FRs and DPSPs together.
Key Points: Classification of DPSP in Practice
- DPSP guide the State to build a welfare state.
- They are divided into Socialistic, Gandhian, Liberal and General Principles.
- Socialistic – Social justice, equality, workers’ protection.
- Gandhian – Village self-government and rural development.
- Liberal & General – Uniform Civil Code, education, environment protection and international peace.
Key Points: Features of Directive Principles of State Policy
- The Objective of Part IV Directive Principle of State Policy (DPSP).
- DPSP are not Enforceable by Courts.
- DPSP as the Compass of the Constitution.
Key Points: Implementation of Several Directive Principles
- Zamindari Abolition & Land Reforms – Reduced land concentration and promoted social justice.
- Local Self-Government – 73rd & 74th Amendments strengthened Panchayats and Urban Bodies.
- Welfare of Weaker Sections – Reservations and support for SCs, STs, OBCs, women and minorities.
- Women, Children & Labour Welfare – Laws for protection, minimum wages and worker benefits.
- Education & Economic Development – Free education, rural programmes and national development plans.
Key Points: Reason behind some conflict between Fundamental Rights and Directive Principles
- Fundamental Rights are justiciable, Directive Principles are non-justiciable.
- Fundamental Rights focus on civil-political rights, Directive Principles on socio-economic goals.
- Welfare laws under Directive Principles often restricted Fundamental Rights.
- Conflict arose over equality, freedom, and property rights.
- State duty to implement Directive Principles was limited by Fundamental Rights.
Key Points: View of the Parliament
- Implementation of DPSP alone can complete our democracy.
- Implementation of DPSP constituted a bigger priority than Fundamental Rights.
- Fundamental Rights can be amended for implementing DPSP.
Key Points: View of the Supreme Court
- Earlier view of Supreme Court
- Champakam Dorairajan case
- Nature of Fundamental Rights
- Golaknath case (1967)
- Kesavananda Bharati & Minerva Mills cases
Difference Between Directive Principles of State Policy and Fundamental Rights
| Basis | Fundamental Rights (Part III) | Directive Principles of State Policy (Part IV) |
|---|---|---|
| Nature | Negative in nature | Positive in nature |
| Enforceability | Justiciable – enforceable by courts | Non-justiciable – not enforceable by courts |
| Purpose | Ensure political democracy | Ensure socio-economic democracy |
| Legal Status | Have legal and constitutional supremacy | Have moral and political importance, but no legal force |
| Priority in Conflict | Prevail over DPSPs in case of conflict | Must conform to Fundamental Rights |
| During Emergency | Can be suspended | Cannot be suspended, but remain unenforceable |
Important Questions [19]
- State what is meant by open trial system.
- Discuss the functions of Judiciary.
- Briefly explain the composition of the Zilla Parishad.
- How is judicial independence ensured in the Constitution of the United States of America?
- Security of tenure and no alterations to a judge's salary to her/his disadvantage are constitutional protections that ensure the ______ of the Judiciary in both India and the United States.
- Do you agree with the view that the Supreme Court of India is the most powerful apex court in the world? Explain the reasons for your answer.
- Why is the judiciary in the USA called the two-tier system?
- Give one word/term for the following: Jurisdiction for cases affecting Ambassadors, other public Ministers and Consuls and those in which a State is a party, under the United States Constitution.
- Explain the statement, ‘The American President can pigeonhole any bill.’
- Judicial review refers to the power of the judiciary to scrutinise the acts of the legislature and the orders of the executive to determine their constitutional validity.
- What is meant by Judicial Review?
- In Which Landmark Case Was Judicial Review First Exercised by the Supreme Court of the United States ?
- Explain the meaning of the jury system.
- Distinguish between judicial activism and judicial restraint.
- Give one word/term for the following: An approach to jurisprudence which believes that the courts can and should go beyond the letter of the law and narrow interpretation to consider broader
- Explain the original jurisdiction of the Supreme Court of India.
- Critically examine any three powers of the Supreme Court of the United States.
- Briefly discuss the appellate jurisdiction of the Supreme Court of India in civil matters.
- Discuss the composition of the Supreme Court of India.
Concepts [10]
- Introduction and Composition of Judiciary
- Functions of Judiciary
- Conditions of Independence of Judiciary
- Judiciary in India and U.S.A
- Judicial Review
- Principles and Critical Evaluation with Special Reference to U.S.A. and India
- Judicial Activism
- Judicial Restraint
- The Supreme Court
- Overview of Directive Principles of State Policy
