The Constitution of India Framework PDF

UNIT 5 THE CONSTITUTION OF INDIA i ( Structure 5.0 Introduction 1 5.1 Objectives 1 5.2 Brief Historical Background of the Making of the Indian Constitution I 5.2.1 5.2.2 Salient Features of the Government of India Ac...

UNIT 5 THE CONSTITUTION OF INDIA i ( Structure 5.0 Introduction 1 5.1 Objectives 1 5.2 Brief Historical Background of the Making of the Indian Constitution I 5.2.1 5.2.2 Salient Features of the Government of India Act, 1935 Salient Features of the Indian Independence Act, 1947 t 1 5.3 5.2.3 The Constituent Assembly The Constitution of India: Basic Framework and Features 5.3.1 Basic Framework 5.3.2 Some Salient Features 5.3.2.1 Fundamental Rights 5.3.2.2 Directive Principles of State Policy, 5.3.2.3 Fundamental Duties 5.3.2.4 Institutional Mechanism for Protection and Promotion of the Constitutional Rights, Principles and Duties. 5.4 Let Us Sum Up 5.5 Answers to 'Check Your Progress' Questions You have studied the essentials of Indian legal system in Block 1 of this course. It must have given you an understanding, among others, that every country needs to have a constitution, which is fundamental law of the country. It is, in fact, inevitable for governance of a country. Constitution has been defined as the basic law of a State which outlines the framework and procedure of Government. You may be surprised to know that the Constitution of India is the largest written constitution in the world. I Our constitution has not come into existence overnight. The origin of the Indian constitutional history can be traced to 1600. By the Crown's Charter of 1600, the East India Company was established in England which was given exclusive I trading rights in Asia, Africa and America. The Indian Legal and Constructional history later passed through many developments -passing of many Charters, Acts and Commissions such as: Royal Giants of 1615 and 1623; Charters of 1726 and 1753; Regulating Act, 1773; Charter of 1774; The Act of Settlement, 1781; Pitt's India Act, 1784; Charter Act of 1813 and 1833; The Government of India Act, 1858; The Indian Council Act, 1861, 1892 and 1909 (Minto-Morley , I Reforms); Government of India Act, 1919 (Montage-Chelmsford Reforms); 1 Government of India Act, 1935; The Cripps Mission, 1942; C. Rajagopalachari's I Formula, 1944; Cabinet Mission, 1946; Attlee's Statement, 1947; Lord Mount Batten Plan, 1947; and The Indian Independence Act, 1947 (Kailash Rai, 2005, pp. 1-28). However, important constitutional developments took place between 1935 and 1950 only. The Government of India Act, 1935 proposed the establishment of Dyarchy at centre and it abolished the dyarchy in provinces. C The Plan of Lord Mount Batten was accepted by the Congress and Muslim League, Empowering Laws and to give effect to the plan, the Britain Parliament enacted the Indian Independence Act, 1 947. The Indian Independence Bill was introduced in the House of Commons on 4"' July, 1947 and passed by the House of Commons on 15thJuly 1947. It was passed by the House of Lords on 16'hJuly 1947 and obtained the Royal assent on 18"' July 1947. Accordingly our country, then, was divided into India and Pakistan by the British while giving independence to India on l S hAugust 1947. While the Constituent Assembly was already busy involved in the process of making the Constitution of India before independence, it (the Constitution of India) finally came into force on 26thJanuary 1950, the day we celebrate, every year, as the Republic Day of India. In Unit-5, we will present you a brief overview of the Constitution of India. For us, our Constitution is the supreme law. The Indian Constitution is an organic and dynamic socio-political and legal written document. It is not to be construed as a mere law but as the machinery by which laws are made as well. It is a living and organic thing, which, of all instruments, has the greatest clauses to be constructed broadly and liberally. It is the primary protector of the fundamental rights guaranteed under Part I11 and provided guidelines and directions to the governance for people's welfare under Part IV. As mentioned above, ours is the largest written constitution in the world. Therefore, for want of space and time, in this Unit, we will focus on important aspects of the basic background documents considered while making of our constitution and on some important features of the Constitution of India that are significant from the common people's view point, not from the point of view of making you an expert in the constitutional law as such. 5.1 OBJECTIVES After you go through this Unit, we expect you to be able to: Describe the brief historical background of the making of the Constitution of India; Draw the sketch of the basic framework and features of our Constitution; Explain the relationship and the differences between the Fundamental Rights and the Directive Principles of State Policy; Appreciate the significance the fundamental rights and duties of the citizens in a democratic country like India; and Analyse the role of the constitutional authorities and the institutional mechanisms of the State in protecting and promoting the rights and interests of the citizens within the overall scheme of constitutional provisions. BRIEF HISTORICAL BACKGROUND OF THE MAKING OF THE INDIAN CONSTITUTION Before we actually touch upon the basic features of the Indian Constitution, it is very relevant for us to discuss some salient features of the Indian Independence Act, 1947 and of the Government of India Act 1935. Relevant, because these have formed part of the basic documents that were consulted by the experts  involved in making the constitution of India to which we are all the subjects TheConstitutionofJndiil now. Fact is that, the Indian lndependence Act, 1947 had formed inevitable basic document that was to be looked into even by Pakistan while making their constitution,as it was this Act that made India and Pakistan to come into existence as two sovereign States. 5.2.1 Salient Features of the Government of India Act, 1935 The Government of India Act, 1935 is the landmark Act that had given major fillip to the movement towards the further Acts leading to independence of India. The British Government published in March, 1933 a White Paper containing reforms proposals. The White Paper was submitted to a Joint Select Committee of the British Parliament. This Committee submitted its report recommending some changes in the proposals contained in the White Paper. Based on this report the Government af India Bill, 1935 was introduced in Parliament in December 1934. The Bill got the Royal assent on August 4,1935 and came to'be known as the Government of India Act, 1935. The Act aimed at establishing the federal system of Government of India for the first time. The Act runs into 451 clauses and 15 Schedules, the most complicated document ever enacted by the British Parliament. The Act deals with: a) All India Federation; b) Provincial Autonomy; c) Dyarchy at the Centre; and d) Federal Court (Narender Kumar, 1997, p.6). Important aspects of this Act, in brief, are as follows. i) All Indfa Federation: It was to consist of all the British India provinces, and the Chief ~o&ssioner, Provinces and such of Indian Princely States as would agree to accede to join the Federation under the Act; accession was compulsory for British India Provinces but optional for Indian States. Indian States acceding to the Federation were required to execute Instruments of Accession thereby delegating the powers to the Federal Government to the extent of surrendering their authority.The Act provided full autonomy to the federating units in their internal affairs. The All India Federation was to come into existence when Indian States I with at least 1/2 of the aggregate of population of the States and 1/2 of the r seats allotted to them in the Federal Legislature acceded to the Federation, after signing the Instruments of Accession. The Federal Government headed by Governor General was to consist of Federal Executive and Federal Legislature consisting of two Houses, namely, Council of the State (Upper House) and Federal Assembly (Lower House). ii) Federal Executive: The Federal Executive comprised of: a) Governor General, b) Councilors, and c) Council of Ministers representing the majority party in the Federal Legislature. Under the Scheme, 'Dyarchy' was introduced at the Centre. It divided the central subjects into two categories -Reserved and Transferred. Defense, External Affairs, Tribal Areas and Ecclesiastical Affairs were treated as reserved subjects, while the rest were transferred to the control of Ministers. In dealing with Reserved Department the Governor General acted in his discretion. He controlled the Transferred Departments with the help of Ministers relating to his special responsibilities. The running of the Transferred Departments was the responsibility ot the Council of Ministers representing the majority party in the Federal 7 Empowering Laws Legislature. They were to aid and assist the Governor General. They were not to exceed 10 in number and were made responsible to the Central Legislature. Every Minister was to be a member of one or the other House. If any Minister was not a member of either House, he was to get membership within six months or resign at the expiry of the said period. The Instrument of instruction advised the Governor General to encourage and foster the spirit of joint responsibility. He was to act as the President of the Council and in case of difference of opinion he had a casting vote. In the formation of Ministry the Governor General was required to pay due regard to the interests of minorities and Indian Princely States. The Minister's salaries were to be fixed by the Act and such salaries were to be treated as non- voteable item in the Budget. 'The Governor General even in cases where he acted in his individual judgment was not required to consult Ministers although he was not bound by the advice tendered to him. The Governor General was appointed for a period of 5 years and enjoyed wide powers while running the central administration. iii) The Federal Legislature: The Federal Legislature was to consist of two Houses comprising of Council of State and LegislativeAssembly, consisting of 260 and 375 members respectively. The Act gave franchise to nearly 10% of the total population. The Council of State was permanent body, 113 members retired every year, whereas Legislative Assembly had a maximum duration of 5 years. The Council of State consisted 150 representatives of British India and maximum 104representatives of Indian States. The number of state representatives depended upon the member-States acceding to the Federation. The British Indian members were to be elected directly with the exception of 6 members who were to be nominated by the Governor General. The representatives of the Indian States were to be nominated by the rulers. The seats were reserved for the members of various communities. The Federal LegislativeAssembly was to represent the people of both British Indian Provinces as well as Indian Princely States. Out of 375 members 250 were to represent British Indian provinces and maximum 125 members were to represent Indian States. The representatives from British Indian Provinces were to be elected by the electorate and to represent various interest seats allotted to different Princely States by the Act according to their size and population. The representatives from Indian States were to be nominated by the rulers. The Legislature enjoyed very limited powers with regard to financial matters. The Act of 1935 authorised it to make laws on all the subjects included in the Federal and Concurrent Lists. It was also authorised to make Jaws on the subjects included in the Provincial List if there existed emergency in the Province, whereby the security of India was threatened and also when two or more Provinces mutually consented to do so. In respect of 11icl1;1nStates, it could legislate only on those matters which were included in thc 1114(1.i1ment of Accession. No bill could be enforced as an Act till it was pa\\cd by both the Houses and obtained the assent of the Governor-General- in-Counci I. iv) The Division of Subjects: The Act divided the subjects into three ~ a t e g o r i ~ s for administrative convenience, namely, a) Federal List, b) Provincial List and c) Concurrent List. In the Federal List there were 59 subjects, whereas the Provincial List contained 54 subjects and the Concurrent List 36 subjects.  On the subjects included in the Concurrent List both the Federal and The Constitution of lndia Provincial Legislatures could pass Legislation subject to the condition that if there arose conflict in the two enactments, then the Federal enactment was to prevail. v) The Introduction of Provincial Autonomy: The most significant feature of the Act was the establishment of "autonomous" government in the Province. The dyarchy in the Provinces was replaced by provincial autonomy. By provincial autonomy meant, "an executive and legislature having exclusive authority within Provinces in a precisely defined sphere, and in that exclusive provincial sphere broadly free from Control by the Central Government and the Federal Legislature". vi) The Protection and Safeguards to Minority Interest: The Act made ample provisions for safeguarding the interests of the minority communities by empowering the Governor General and Governors with special power to override the ministers and legislatures, in case it was deemed necessary in the interest of minority communities. vii) India Council Abolished: The India Council of the Secretary of State for India never found favor with the lndian leaders who invariably criticized its functioning. The Act abolished the Council and provided for the appointment of a team of advisers by the Secretary of State for India whose number was not to exceed six and not to be less than 3 in any case. viii)Communal Electorates: The Act not only retained communal electorate but further extended its provisions in the constitution of various legislative bodies provided by the Act. The Muslims were given 113rd (33 per cent) scats in the Federal Legislature although their population was less than U3rd of the total population of India. ! ix) Rigid Constitution: The Act neither gave power to Federal Legislature nor to Provincial Legislatures to amend the provisions of the Act. Only the British. Parliament had authority to amend the provisions of the Act. x) Establishment of Federal Courts: The Act had established Federal system of Government, it was but natural that the jurisdictional disputes were bound i to arise between Centre and State in such a set-up. A Federal Court was, therefore, established under the provision of the Act to counteract such an r eventuality. According to the Act, the Court was to consist of 3 judges consisting of a Chief Justice and two associate judges. The qualifications prewribed for appointment were either 5 years standing as a judge of the High Court or, ten years standing as a lawyer in an Indian High Court or a High Court in Britain. The judges were to be appointed by the Crown and were to hold office until they attained the age of sixty-five, otherwise they were provided complete security of service. The jurisdiction of the Court was three-fold: a) Original, b) Appellate and c) , Advisory. Regarding original jurisdiction, it had exclusive jurisdiction to hear a11 disputes between Units of the Federation or between the Provinces and the I I Federated States involving any question of law or fact on which the existence or I extent of a legal right depended. About appellate jurisdiction, its appellate I Empowering Laws jurisdiction included every case which was decided by a High Court in India, if the High Court certified that the case involved a substantial question of law regarding interpretation of the Act or Order in Council. Regarding advisory jurisdiction, in its advisory jurisdiction it could give its opinion on any point of law or fact referred to it for advice By the Governor-General-in-Council. The provisions also existed iri the Act for filing appeal to the Judicial Committee of the Privy Council irl England under special circbmstances (Puri, 1989, pp.224- 227). 5.2.2 Salient Features of the Indian Independence Act, 1947 Following are some of the salient features of the Indian Independence Act, 1947. i) Clause 1of the Act provided for the creation of two independent Dominions, namely, India and Pakistan from 1ShAugust 1947; ii) Clause I1 of the Act defiried the territories of the two Dominions adjustable after the award of bound^ Commission. The territories of Indian Dominion were to consist of 911hdian Provinces except those that comprised Pakistan. The territories of Pakistan were to include the areas covered by the Provinces of East Beilgal, West Bengal, West Punjab, Sind, Baluchistan and the N.W. F.P. ; iii) Both the Dotniniohs were to have Governor Generals appointed by His Majesty to represent him for the purposes of the Governments of the Dominion$. The Act also provided for one common General if both the Dominions SO agreed; iv) The Indian St;itcs were free to accede to either of the two new Dominions; V) The Legislature of each dominion was empowered to frame the laws for the governance of the Dominion. No law made by that Dominion will be treated as null and void on the ground that it conflicted with any laws of England or any provision of any existing or future Act of Parliament of the United Kingdom (U. K.) nor an order in council shall extend to the New Dominions; vi) From 1 5Ihday of August, 1947, the Government of the U. K shall have no responsibility in respect of the government of any of the territories which immediately before that date were included in the British India; vii) The suzerainty of His Majesty over the Indian States shall lapse and with it all treaties and agreements in force at the date of passing of this Act between His Majesty and the rulers of the Indian States; viii) The Constituent Assembly of each Dominion shall exercise all powers exercised by the Legislature of the Dominion; ix) The office of the Secretary of State for India and his advisors was abolished and affairs relating to the Dominion of India and Pakistan were to be conducted in future by the Secretary of the Commonwealth Relations Department; and x) Those persons who had been appointed by the Secretary of Sate or Secretary of State-in-Council to Civil Service and the Crown of India before August 15, 1947 would continue in this service after independence and to enjoy  the same privileges and rights in respect of leave, remuneration, pension The Constitutionof India and conditions of service as enjoyed by them before independence (Puri, 1989, p.247). i i Thus, with passing of the Independence Act, 1947 India attained independence on August 15, 1947 and at the same time the era of British Imperialism in India 1 I came to an end. Although the Indian Constitution derives its legal authority from the Indian Independence Act, 1947, this Act had conferred power on the Constituent Assembly to frame a Constitution for India. I 5.2.3 T11e Constituent Assembly f The Constituent Assembly was constituted under the Cabinet Mission Plan, 1946 I of the British Government with a view to get the Constitution of India drafted by it. However, it cannot be denied that the Indian Independence Act, 1947 was the result of a protracted struggle for political freedom and the Constituent Assembly was the right authority and a mechanism to draft the Constitution for India. It consisted of several national leaders like Dr. Rajendra Prasad, Pandit Jawaharlal Nehru, Moulana Abdul Kalam Azad, Dr. B. R. Ambedkar and others as members with Dr. Rajendra Prasad as its Chairman. The first sitting of the Constituent Assembly took place on 9thDecember, 1946. However, the Constituent Assembly was not much active before the Indian Independence Act, 1947 and it become I more active and did Considerable work only after passing of the Act. Once a federal constitution was to be decided upon there was no lack of models to draw upon. These models fell broadly into two categories; the Constitution of the United States on the one hand, and the Constitution Acts enacted by the ! British Parliament establishing federal constitutions for Canada, Australia and India, all of which had drawn mostly on the American experience. The ConstituentAssembly constituted various committees to deal with different aspects of the constitution. The Reports of these committees were considered by the Constituent Assembly on 29IhAugust, 1947.It appointed a Drafting Committee under the Chairmanship of Dr. B. R. Ambedkar, whose efforts had finally culminated in adoption of the so drafted Constitution of India by the Constituent Assembly on 26thNovember, 1949 and came into force on 261hJanuary 1950. 5.3 THE CONSTITUTION OF INDIA: BASIC FRAMEWORK AND FEATURES The Constitution has been defined as the basic law of a State which outlines the framework and procedure of the Government -defines its powers and functions, provides how constitutional changes may be made and, in a democracy, legally 1I guarantees the citizens certain protection against arbitrary actions of the government. Constitution is a collection of principles according to which the I powers of the government, the rights and responsibilities of the government and the relation between the two are adjusted and balanced. Under international law, a State is defined as "an independent political entity, occupying a defined territory, the members of which are united together for the purpose of resisting external force and preservation of internal order". This Statement stresses on 'Poljce functions' of a State, i.e. preservation of law and Empowering Laws order and defense of the country. But, the Modern State does not rest and content with being merely a 'Police' or '1,aw and Order' State. It is much more than that. It needs to become a social welfare state (Jain, 201 0, p. 1). Indian Constitution has many important features. It is the longest known Constitution providing for single citizenship. fundamental rights, directive principles of state policy, fundamental duties. federal constitution with minimum rigidity, legislation to supplement the constitution, in built mechanism to mitigate rigidity, conversion of federal to unitary s y s t e during ~ ~ ~ emergency, unity in basic matters, three-tier government,judicial review. independentjudiciary, parliamentary form of Government, universal franchise, etc. (Brij Kishore Sharma, 2002, pp.22- 32, and A~nbedkarSpeech in Constituent Assembly, pp.35-38). It is with this goal of making India truly a democratic and welfare State, among others, the Constitution of India came into force with the following Framework. 5.3.1 Basic Framework The Constitution of India has the following Parts that constitute its entire framework. Part-I : The Union and its Territory (Articles 1-4) Part-I1 : Citixnship (Articles 5-1 1j Part-I11 : Funda~~icnt;~l Rights (Articles 12-35) Part-IV : Directive Priilciples of State Policy (Articles 36-51) Part-IV-A : Fundamental Duties (Article 5 1A) Part-V : The Union (Five Chapters with Articles 52-15 1) Part-VI : The States (Six chapter,^ with Articles 152-237) Part-VII : The States in Part-B of the First Schedule (Article 238 Now stands repealed) Part-VIII : The Union Teiritories (Articles 239-242: Article 242 stands repealed) Part-IX : The Panchayats (Articles 243-243-0) Part-IX-A : The Municipalities (Articles 243-P-243-26) Part-X : The Scheduled and Tribal Areas (Articles -- 244-244-A) Part-XI : Relations Between the Union and the States (Articles 245-263) Part-XI1 : Finance, Property, Contracts and Suits (Articles 264-300-A) Part-XI11 : Trade, Commerce and Intercourse within the Territory of India (Articles 30 1 -307) Part-XIV : Services under the Union and the States (Two Chapters with Articles 308-323). Part-XIV-A : TTribunals (Articles 323-A-323-B) Part-XV : Elections (Articles 324-329-A: 329-A stand repealed) Part-XVI : Special Provisions Relating to Certain Classes (Articles 330-342) Part-XVII : Official Language (Four Chapters with Articles 343-35 I)  The Constitution of India L t'art-XVIII : Emergency Provisions (Articles 352-360) 1 Part-XIX : Miscellaneous (Articles 361-367) Part-XX : Amendment of the Constitution (Article 368) Part-XXI : Temporary, Transitional and Special Provisions (Articles 369- 392) Part-XXII : Short Title, Commencement, Authoritative Text in Hindi and Repeals (Articles 393-395) In addition, the Constitution has twelve Schedules as a part and parcel of the above Parts and Articles. This Constitution can be amended only by due process as laid down within the Constitution itself, subject to inherent limitations and without changing its basic structure and features. r Reflection Did you ever get an opportunity to read the Constitution of India? If not, have you heard of some of the above Parts in it? Do: 't you think that the above framework is prompting you to have a look at the Constitution? Being a citizen of India, don't you think it is not late for you to know at least some details, if not all about it? Don't you think that you should have a copy of the Constitution of India in your home for your reading and reference as well as of your family members? -- Just reflect upon these questions and do what you feel is right. 5.3.2 Some Salient Features I I Since the constitutional framework, as you have seen above, is very big and has many features falling under different part^, we will focus our discussion in this sub-section on very few, but very important features - the fundamental rights, directive priilciples of state policy, fundamental duties and the institutional mechanism provided for protecting and promoting these rights, principles and -duties. 5.3.2.1 Fundamental Rights Ow Constitution followed the United States precedent and enacted fundamental rights in the Constitution itself. By enacting the Fundamental Rights in Part I11 of our Constitution (Articles 12 to 3 3 , the founding fathers showed that they had the will and were ready to adopt the means, to confer legally enforceable Fundamental Rights (Seervai 1991, p.349). Part 111of the Constitution of India secures to the people of India certain basic, natural and inalienable rights. These rights have been declared essential rights in order that "human liberty may be preserved, human personality is developed and an effective social and democratic life is promoted". The aim behind having a declaration of fundamental rights is to make inviolable certain elementary rights appertaining to the individual, such as the right to life, liberty to free speech, freedom of worship, etc., under all conditions and to keep them unaffected by the shifting majorities in the legislatures. It is to preserve certain basic human rights against interference by the State (Narender Kumar, 1997, p.50). Need for Fundamental Rights: Fundamental Rights are deemed essential to protect the rights and liberties of the people against the encroachment of powers 13 Empowering Laws of the Government, Legislative as well as executive and for the preservation of public and private rights, notwithstanding the representative character of political instrument. Speaking about the importance of fundamental rights in the historic judgment of Maneka Gandhi v Union of India (1978, p.597), Bhagwati J. observed: "these fundamental rights represent the basic values cherished by the people of this county (India) since the Vedic times and they are calculated to protect the dignity of the individual and create conditions in which every human being can develop his personality to the fullest extent. They weave a 'pattern of guarantee' on the basic structure of human rights, and impose negative obligations on the State not to encroach on individual liberty in its various dimensions". These rights are regarded as fundamental because they are most essential for the attainment by the individual of his full intellectual, moral and spiritual status. The negation of these rights will keep the moral and spiritual life stunted and his potentialities undeveloped. The declaration of fundamental rights in the Constitution serve as a reminder to the Government in power of certain liberties , assured to the people by the Constitution which are to be respected by it. The danger of encroachment on citizen's liberties is particularly great in parliamentary system in which those who form the Government are leaders of the majority party in the Legislature and can get laws made according to their wishes. The advocates of inclusion of these rights in the Indian Constitution emphasize that their incorporation in the Constitution vests them with a sanctity which the legislators dare not to violate so easily. The object behind the inclusion of the Fundamental Rights in Indian Constitution is to establish 'a Government of law and not of a man', a governmental system where the tyranny of majority does not oppress the minority. In short, the object is to establish Rule of Law and it would not be wrong to say that the Indian Constitution in this respect goes much ahead than any other Constitutions of the world. The object is not merely to provide security and equality of citizenship of the people living on this land and thereby helping the process of nation building, but also and not less important to provide certain standards of conduct, citizenship, justice and fair play (Pandey, 2007, pp.5 1-52). Fundamental Rights are those rights and freedoms of the people of India, which enjoin constitutional recognition and guarantee. The Supreme Court of India and State High Courts have the power to enforce Fundamental Rights. The Supreme Court is the guardian, protector of fundamental rights. People enjoy only the rights given in the Constitution. The Constitution of India does not give any recognition to natural or un-granted rights. The Constitution makes the rights eclually binding upon all authorities -the Union, the States, the Parliament and :II I other State authorities. Enforcement of Rights: The Constitution not only grants but also guarantees rights. It provides legal and constitutional protection to the fundamental rights. The citizens have been given the right to seek the protection of the Supreme Court and High Courts for getting their rights enforced. The fundamental rights contained in the constitution can be amended by the Parliament. The Parliament has, in practice, exercised this power on several occasions. The constitution provides for suspension of fundamental rights during an emergency. However, such a suspension automatically ends w h e ~the emergency ceases or when the The Constitution of I~l(lia President withdraws it. Right to Property is no mure a Fuodamerltal Right. Initially, the Constitution graqted to the ci[izp~sthe fundamental right to property. However, because of the hindrances pased by this right in the way af implementation of some socio-economic reforms, right to property was deleted from the list of Fundamental Rights. It was made a legal right under Article 300- A. This was done hy the 44* qrqe~dmgntof The Coiilstitution. Now, right to property is a legal right and not a fundamental right of the people. Right to Education: By 861hAmendment Act, Article 21A has been inserted. It gives to the children between the ages af 6 to 14 years, the Rights of Education. Rights to Equality -Equality bebre Law (Art. 14): All citizens enjoy equality before law. All enjoy equal protection of law. Equality before law, however, does not mean absolute equality, or equality among the unequals. It means, equality among the equals and not equality among the unequals, In other words, it is equality among the similarly placed people. It does not prohibit the classification of persons into different groups. The following cases will provide you more clarity about this concept of equality before law. In the case of Miss C. @. Mutharnrnn v Uriion of India (1979, p. l868), the petitioner was denied promotion to Grade-I of the Indian Foreign Service on the ground that the candidate was a married woman. Such discrimination was held to be yiolative of Article 14 and 15. In Air India v Nargesh Meerza (1981, p. 1829) the Air lndia and Indian Airlines Regulations were challenged as violative of Article 14. According to Regulation 46, an Air Hostess was to retire from service upon attaining the age of 35 years or on marriage if it took place within four years of her joining service or on first pregnancy, whichever occurred earlier. Regulation 47 empowered the Managing Director, at his option, to extend the age of retirement by one year at a time beyond the age of retirement, upto the age of 45 years, if an Air Hostess was found medically fit: The Supreme Court struck down the discriminatory Regulations 46 and 47 as unconstitutional, void and violative of Article 14. In M/s Sharma Transport v Government of A. P. (2002, p.322), the cancellation of benefit of concessional rate of tax available to the tourist buses was held to be valid and not violative of Article 14. Prohibition of Discrimination (Art. 15): It prohibits discri~ninationon grounds of religion, race, caste, sex or place of birth. No person can, on any of these grounds, be denied access to shops, hotels, public restaurants and places of public entertainment or the use of wells, tanks, bathing Ghats, and places of public resort. According to Article 15(1), the State is prohibited to discriminate between citizens on the grounds of religion, race, caste, sex, and place of birth or any of them. Any discrimination on these grounds can be declared as invalid, e.g. U. P. Court of Wards Act, 1912, which deprived a female to hold and enjoy her property on the ground of her 'sex', was held violative of Article 15(1) (Rajeshwari v State of U.P., 1954, p.608). Similarly, a law provided for election to municipalities on the basis of separate electorates for members of different 'religious communities'was held to be violative of Article lS(1) (Nainsukh Das v State of U.P., 1953, p.384). According to Article 15(2), no citizen shall be subjected to any discrimination with regard to access to public places like shops, public restaurants, hotels and places of public entertainment, or the use of wells, tanks, baths, roads, and place Kmpowering Laws of public resort, maintained wholly or partly out of State funds or dedicated to the use of the general public. The object of Article lS(2) is to eradicate the evil of the Hindu caste system, e.g. untouchability. In Liberv Cinema v Corporation of Calcutta (1959) the Court held that the 'place ofpublic resort' would mean the place to which members of public are allowed access and where they habitually resort to. Special Protection for Women and Children (Article 15(3)): This is also known as 'protective discrimination '. According to Article 15(3) State is empowered to make special provisions for women and children because they require special treatment on account of their very nature, physical structure and performance of maternal functions. The object of Article lS(3) is to strengthen and improve the status of women and children. In Dattatraya v State (1953, p. 1953) it was held that the reservation of seats for women in a college does not violate Aiticle 15(1). In YusufAbdul Aziz v State of Bombay (1954, p.321), Sowmithri Vishnu v Union ofIndia (1985, p.1985) and Revathi v Union ofIndia (1988, p.835) Section 497 of Indian Penal Code, 1860 which punishes only man for adultery and exempts the woman from punishment even though she may be equally guilty as an abettor was held to be valid since the classification was not based on the ground of sex alone but to keep the bond of marriage and family in tact. Special Provision for Advancement of Backward Classes (Article 15(4)): According to Article 15(4), the State is empowered to make special provisions for the advancement of any socially and educationallybackward classes of cidzens or for the Scheduled Casts and the Scheduled Tribes. The object of Article 15(4) is to strengthen and improve the status of backward classes. In Indra Suwhney v Union ofIndia (1993, p.477), which is commonly known as Muncltrl Conimission Case, the Court held that caste could be an important or even sole factor in determining the social backwardness and that poverty alone could not bc such a 1) Union of criterion. In M. R. Balaji v State of Mysore ( 1 963, p.649), De~~ndusan India (1964, p.179) and Indra Sawhney v Union of India (1993, p.477). the Court held that reservation for weaker section should not be more than 50%. Equality of Opportunity (Art. 16): This right provides equality of opportunity for all citizens in mattes relating to employment or appointment to any office of the state. However. qualifications can be fixed for various jobs. Look at the following details of this Article. Article 16(1) : Guarantees equality of opportunity for all citizens in matters of public employment or appointment to any office under the State. Article 16(2) : Says that no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for or discriminated against in respect of any employment or office under State. However, there are some exceptions, which include the following. Article 16(3) : Empowers the Parliament to impose residential qualification for Government services. Article 16(4) : Enables the State to make provision for the reservation 01' posts in Government jobs in favour of any backward class of citizens.  Art. 16(4-A) : (771hAmendment 1995): Empowers the State to make any The Constitution of Intiia provision for reservation in matters of promotions for SC and ST. Art. 16(4-B) : (8 lStAmendment 2000): Seeks to end the 50% limit for SC and ST and OBC in backlog vacancies which could not be filled-up due to the non-availability of eligible candidates of these categories in the previous year or years. Article 16(5) : Provides for the incumbent of any office a religious qualification for appointment, e.g. Hindu religious denomination can be held only by a Hindu or Muslim institution can be held only by a Muslim. Article 17 : Abolishes untouchability and forbids its practise in any form. Untouchability is a product of Hindu Caste System under which particular section among Hindus had been looked down. According to Gandhi, untouchability is a great sin. Preaching or practising untouchability either directly or indirectly is an offence punishable by law. The Protection of Civil Rights Act, 1955 prescribes punishments for the practice of untouchability. Any discrimination on the ground I of untouchability is an offence, e.g. social boycott resulting from caste. Justifying untouchability on historical, philosophical or religious grounds or tradition of the caste system is also an offence. The Act imposes a duty on public servant to investigate such offences. If a pubic servant, wilfully neglects the investigation of any offence punishable I under this Act, he shall be deemed to have abetted an offence punishable under this Act. The punishment ranges from six months to seven years and also fine. The Parliament of India enacted the SC and ST (Prevention of Atrocities) Act, 1989 to prevent the commission of offences or atrocities against the members of the Scheduled Castes and the Scheduled Tribes. It provides for establishment of the Special Courts to deal with these offences. Religious disabilities: Preventing any person from entering any place of pubic worship or from worshipping or offering prayers Socirrl disabilities: Denial of access to any shop, public restaurants, hotels or places of public entertainment, hospitals, refusal to sell goods or render services to any person. In State of Karnataka v Appa Balu Ingale (1993, p.1126) the respondents restrained the complainant party by show of force froin taking water from a bore well on the ground that they were untouchables. High Court acquitted the respondents but the Supreme Court convicted them under Section 4 and 7 of the Protection of Civil Rights Act, 1955.While delivering the judgement, the Supreme Court pointed out that untouchability was an indirect form of slavery and only extension of caste system. It further stated that caste system and untouchability have stood together and would fall together. In People's Unionfor Democratic Rights v Union of India (1982, p. 1473),the case popularly known as Asiad Project ISmpowering Laws Workers Case, the Supreme Court held that the right against untouchability i 4 a fundamental right available against private individuals and it is the Constitutional duty of the State to take necessary steps to see that these fundamental rights are not violated. Mere1y because the aggrieved person could himself protect or enforce I his invaded fundamental rights, did not absclve the State from its Constitutional obligation. Abolition of Titles (Art. 18): The Constitution prohibits the state from conferring any title on citizens. However, honors for military or academic distinctions can be given. This right does not prevent the grant of mjlitary decorations such as Parrria Vir Chakra, Mahavir Chakra, Lrir Chakra and Ashok Chakra. Fundamental Freedoms (Article 19): The Constitution of India conferred certain positive rights 11nderArticle19 in order to promote the ideal of liberty enshrined in the preamble. They are fundamental rights in the nature of freedoms. They are popularly known as 'six.freedoms' and available to only citizens. They are as given below: 1) Article 19(l )(a) : freedom of speech and expression; 2) Article 19( 1 )(b) : freedoin of assembly; 3) Article 19(l)(c) : freedom to form associations; 4) Article 19( 1)(d) : freedom of movement; I 5 ) Article 19(l)(e) " : freedom to reside and to settle; Article 19(1)(f)* : freedom to acquire, hold and dispose r,f p~operty I ("ornitred by 44"' Arnendmelzt 1978, w.e.f 20.06.1979); 6) Article 19(l)(g) : freedom of profession, occupation, trade or business. Restrictions or linzitatioizs: The fundamental freedoms guaranteed under Article I 19(1) are not absolute. The Constitution conferred power on the State to impose by law reasonable restrictions as may be necessary in the larger interest of community. These restrictions are provided under Article I 9(2) to (6). The rights under Article 19 can be suspended during an emergency. In A. K. Gopalan v State qfMadras ( I 950, p.27), Patanjali Sastri, J. observed that: 'man as a rational being dcsii-es to do many things, but in a civil society his desires have to be controlled, regulated and reconciled with the exercise of similar desires bv other individuals' Protection in Respect of Conviction for Offences (Article 28): A person who is charged with a crime is called 'uccused'. Accused is alleged to have committed a crime. Article 20 provides protection to the accused persons. Such protection is available for both citizens of India and non-citizens under Article 20 of the Constitution of India, which provides three rights to the accused person, namely. I) Article 20( 1) - Right against ex-po.stfacto laws, 2) Article 20(2) -Right against double jeopardy, and 3) Article 2 0 0 ) -Right against self-incrimination. Ex-post facto Laws (Article 20(1)): 'No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than 1  that which might have been inflicted under the law in force at the time of the The Constitution of Indiil commission of the offence'. Double Jeopardy (Article 20(2)): 'No person shall be prosecuted and punished for the w n e offence more than once'. Article 20(2) prohibits second trial or double punishment or punishment for the same offence for more than once. Double jeopardy is based on the Common Law principle 'nento debt vis ve-xari' that means 'a man must not be put twice in peril for the same offence'. Self-incrimination (Article 20(3)): 'No person accused of any offence shall be compelled to be a witness against himself'. Right to life and personal liberty (Article 21): 'No person shall be deprived of his life or personal liberty except according to the procedure established by law'. According to Article 21, every person has a right to life and personal liberty. Article 21 is available to both citizens and non-citizens. It applies only to natural persons. This right can be claimed only when the right to life or personal liberty is deprived by the State and not by a private individual. However, the State can interfere with the life and liberty of persons only through a valid law. Article 21 provides two rights, namely, i) Right to life; and ii) Right to personal liberty. In People's Union for Democratic Rights v Union of India (1982, p.1473), popularly known as Asiad Project Workers Case, several construction projects of 9thAsiad were handed over to various contractors who paid very low wages to I the labourers. The Supreme Court held that the non-payment of minimum wages to the workers was held to be denial of right to live with basic human dignity under Article 21. In Olga Tellis v Bombay Municipal Corporation (1986, p. 180), popularly known as Pavement Dweller's Case or Slum Dwellers Case, the Bombay Municipality ordered the pavement dwellers to remove their huts from pavement and public places without giving sufficient time and notice. Olga Tellis, I a social worker filed Public Interest Litigation and contended that the order to I vacate without showing alternatives would be violative of Article 21, which was 1 upheld by the Court. In Bandhua Mukti Morcha v Union of India (1 984, p.802), r I t Bandhua Mukti Morcha, an organisation working for the cause of release of bonded labourers wrote a letter to Supreme Court that according to their survey, there were a large number of labours working in the stone quarries under 'inhuman and intolerable conditions' and many of them were bonded labours and prayed for the release of bonded labourers. The Supreme Court treated that letter as writ-petition and appointed a Commission to visit the quarries and make an inquiry and report to the Court about the conditions of the labourers. The Court, after receiving the report, found the allegations true. The Court held that right to life includes right to live with human dignity free from exploitation. In A. K. C;opalan v State of Madras (1953, p.27), the petitioner, A. K. Gopalan, a communist leader was detained under the Preventive Detention Act, 1950. The validity of the Act was challenged on the ground that it violated his right to move freely throughout the territory of India and his detention was not in accordance with a 'procedure estublished by law '. The Supreme Court held that lhe expression 'procedure established by law' must mean the 'procedure prescribed by the law of the State'. Therefore, the term 'personal liberty' means 19 3  and includes ,freedom from cerrest and detention from false in~prisonmentor. wron&l cori$nernent. In F'iJrhah v State of Rajasthan (1997, p.3011) andAppare1 Export Promotion C:ouncil v A. K. Chopra (1999, p.625), the Supreme Court took very serious note of the incidents cbf sexual harassment of women at work place, In these two cases, the Court held that sexual harassment is violative of right to life under Article 2 1. Am'cle 21 and Emergevacy: According to the 44IhConstitutional Amendment, the enforcement of the right to life and personal liberty under Article 21 cannot be suspended even during emergency. Protection against Arrest and Detention (Art. 22): The Constitution also provides protection against arbitrary arrest and detention. Any person arrested by the police c?njoyscertain protections. He has a right to be informed about the grounds of his arrest. He has the right to consult his lawyer. He is to be produced before the nearest magistrate Within a period of 24 hours of his arrest. In Hussairturn Khatoor? v Home Secretary, Bihar (1979, p.1377)' the Supreme Court held that it is the Constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty or indigence or incommunicado situation, to have free legal service provided to him by the State and the State is under Constitutionalduty to provide a lawyer to such person at State's expenses. Bonded Labour Prohibition (Article 23): Exploitation is a challenge to human freedom and civiiisation. Article 23 deals with prohibition of traffic in human beings and forced labour, i.e. slavery. TrafJic in human beings means selling and buying men and women like goods and include immoral traffic in women and children for immoral or other purposes. Those acts, which result in traffic in human beings, ate punishable under the Immoral Traffic (Prevention)Act, 1956. Article 23 includes slavery and bonded labour. This Article protects individual not only against the State but also against the private citizens. The protection under it i q available to both citizens and non-citizens. It is the duty of the State to take necessary sleps LO abolish the evils of traffic in human beings, begar and other aimilar forms of forced labour in the countq. 'Begar'means a compelling a person to work without payment or remuneration. According to Article 23. 116gcrsoli \hall be forced to provide labour or service against his will even undcr conuacl ( r T \ervice. In Peoples Unionfor Democratic Rights v Union of India ( 1982. 1) 1 04.7) and Sanjit Roy v State of Rajasthan (1983, p.328) the Court said t h ~ i r\\hen a person agrees to provide labour or service to another for payment, which is less than minimum wage amounts to forced labour under this Article. However, compulsory service for public purposes does not come in it because they are neither begar nor traffic in human beings. Child Labour Prohibition (Article 24): Article 24 prohibits employment of children below 14 years of age in factories and hazardous employment, e.g. a railway or a port. Such prohibition made in the interest of public health and children's life. The prohibition under this Article is absolute without any exceptions. The Child Labour (Prohibition and Regulation) Act is enacted i n accordance with Article 24. In M. C. Mehta v State of Tamil Nadu (1997, p.699) one Mr. M. C. Mehta, a public spirited lawyer, filed a Public Interest Litigation and explained the plight of the children engaged in Sivakasi Cracker Factories. 20  The Snprerne Court held that children below the age of 14 years couldn't be The Constitution of Indi:l employed in any hazardous industry, mines or other works in accordance with Article 24. Freedom of Conscience and Free Profession, Practice and Propagation of Religion (Article 25): Article 25 states that: I 1 1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion. 2) Nothing in this article shall affect the operation of any existing law or prevent r the State from making any law: a) Regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice; b) Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. Expla~ationI : The wewing and carrying of kiapans shall be deemed to be included in the profession (34' the Sikh religion. Explanation II : In sub-clause (b) of clause (2), the reference to Hindus shall be construed as iricluding a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly. Freedom to Manage Religious Affairs (Article 26): Subject to public order, morality and health, every religious denomination or any section thereof shall have the right: a) To establish and maintain institutions for religious and charitable purposes; b) To manage its own affairs in matters of religion; c) To own and acquire movable and immovable property; and d) To administer such property in accordance with law. Freedom as to Payment of Taxes for Promotion of any Particular Religion (Article 27): No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. Freedom as to Attendance at Religious Instruction or Religious Worship in Certain Educational Institutions (Article 28): Article states that: 1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds. 2) Nothing in clause 1) shall apply to an educational institution, which is administered by the State but has been established finder any endowment or trust which requires that religious instruction shall be imparted in such institution. 3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend ally religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto. E~npoweringLaws Protection of Interests of Minorities (Article 29): It is as follows. 1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. 2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them. Right of Minorities to Establish and Administer Educational Institutions (Article 30): 1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. 1A) In making any law providing for the compulsory acquisition of any property of any educational institution established and administered by a minority, referred to in clause l), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause. 2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. In State of Madras v Champakam Dorairajan (195 1, p.226), the Government of Madras, by an Order, fixed the ratio for the admission into the State Medical and Engineering College on community basis. The petitioners challenged the Order as they were denied admission only because they were Brahmins. The Supreme Court held that the Order was violative of Article 29(2). In re Kerala Education Bill, 1957, (1958, p.956), minorities may administer an institution for religious education even without conserving a language, script or culture. This right is not absolute but subject to the regulatory power of the State under Article 29(2). In I: M. A. Pai Foundation v State of Karnataka (2003, p.355) the Supreme Court held that the admission policy of unaided linguistic and religious minority educational institutions cannot be regulated either by State Government and universities. However, they can specify rules and regulations relating to academic qualifications for maintaining academic standards. In P. A. Inamdar & Ors. v State of Maharashtra & Ors. the Supreme Court delivered a unanimous judgment by 7 judges on 12August 2005 declaring that the State can't impose its reservation policy on minority and non-minority unaided private colleges, including professional colleges. Article 32: This Article, which itself has been included in the Fundamental Rights, is referred to as the "ConstitutionalRemedy" for enforcement of Fundamental Rights. Hence, the remedy cannot be denied to any person. Dr. B. R. Ambedkar described Article 32 as the most important one, without which the Constitution would be reduced to nullity. It is also referred to as the heart and soul of the Constitution. By virtue of this Article 32 the Supreme Court has been made the protector and guarantor of these Rights. An application made under Article 32 of the Constitution before the Supreme Court, cannot be refused on technical grounds. In addition to the prescribed five types of writs, the Supreme Court may pass any other appropriate order. Moreover, only the questions pertaining to the Fundamental Rights can be determined in proceedings against Article 32. The Constitution of India Under this Article, the Supreme Court may issue a Writ against any person of the State or government within the territory of India. Where the infringement of a Fundamental Right has been established, the Supreme Court cannot refuse relief on the ground that the aggrieved person may have remedy before some other court or under the ordinary law. A writ or Public Interest Litigation can be filed before the Supreme Court under Article 32 of the Constitution or before the High Court of a State under Article 226 of the Constitution. Even if an aggrieved person has not asked for a particular Writ, the Supreme Court, after considering the facts and circumstances, may grant the appropriate Writ and may even modify it to suit the exigencies of the case. Normally, only the aggrieved person is allowed to move the Court. But, it has been held by the Supreme Court that in social or public interest matters, any one may move the Court. Writ Jurisdictions: There are mainly five types of writ:,: i) Writ of Habeaus Corpus, ii) Writ of Mandamus, iii) Writ of Quo-Warranto, i.7) Writ of Prohibition, and v) Writ of Certiorari. We will discuss them, in brief, under sub-sub-section Check Your Progress Notes: a) Space given below the question is for writing your answer. b) Check your answer with the one given at the end of this unit under "Answers to 'Check Your Progress' Questions". 1) How many parts are there in the Constitution of India? List these parts................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 2) Explain the significance of fundamental rights in a democratic country like India................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 23 Ihiponering Laws 5.3.2.2 Directive Principles of State Policy The Directive Principles of State Policy (Articles 36-5 1) contained in the Part IV of the Constitution set out the aims and objectives to be realized by the States as a part of the governance of the country. This novel feature of the Constitution has been borrowed from the Constitution of Ireland which had copied it from the Spanish Constitution. The idea of Welfare State envisaged by our Constitution can only be achieved if the State endeavors to implement them with a high sense of moral duty and commitment. It was earlier thought that the State was mainly concerned with the maintenance of law and order and the protection of life, liberty and property of the subject. Such a restrictive role of the State is no longer a valid concept. Today we are living in an era of a Welfare State which has to promote the prosperity and well-being of all the people. The Directive Principles lay down certain economic and social policies to be pursued by the various Governments in India; they impose certain obligations on the State to take positive action in certain directions in order to promote the welfare of the people and achieve economic democracy. The Directive Principles are rather the ideals which the Union and State Governments must keep in mind while they formulate policy or pass a law. They lay down certain social, economic and political principles, suitable to peculiar conditions prevailing in India. In the words of Sri G. N. Joshi (Mentioned in Pandey, 2007, p385) "they constitute very comprehensive political, social and economic programme for a modern democratic State". Dr. B. R. Ambedkar aptly described these principles as objectives of a Welfare State (Ibid): "... Our Constitution lays down what is called Parliamentary democracy. By Parliamentary democracy we mean "one man, one vote". We also mean that every Government shall be on the anvil, both in its daily affairs and also at the end of a certain period when the voters and the electorate will be given an opportunity to assess the work done by the Government. The reason why we have established in the Constitution a political democracy is because we do not want to install by any means whatsoever a perpetual dictatorship of any particular body of people. While we have established political democracy, it is also the desire that we should lay down as our ideal 'economic democracy'. We do not want merely to lay down a mechanism to enable people to come and capture power. The constitution also wishes to lay down an ideal before those who would be forming the Government. That ideal is economic democracy. The question is, have we got any fixed idea as to how we should bring about economic democracy? There are various ways in which people believe that economic democracy can be brought about -there are those who believe in individualism as the best form of economic democracy, or there are those who believe in having a socialistic State as the best form of economic democracy, or there are those who believe in the communistic idea as the most perfect form of economic democracy." We have, thus, left enough room for people of different ways of thinking, with regard to the reaching of the idea of economic democracy, to strike in their own way to persuade the electorates that it is the best way of reaching econon~ic democracy, the fullest opportunity to act in the way in which they want to acl. 34  There is no use giving a fixed, rigid form to something which is not rigid, which The Constitution of India is fufldamentally changing having regard to the circumstances, and at times keep on changing. It is, therefore, no use saying that the directive principles have no value. In any judgment, the directive principles have a great value; for they lay down that our ideal is economic democracy.We did not want merely a Parliamentary form of Government to be instituted through the various mechanisms provided in the constitution. The object in framing our Constitution is really two-fold: 1) to lay down the form of political democracy, and 2) to lay down that our ideal is economic democracy and also to prescribe that every Government whatsoever is in power, shall strive to bring about economic democracy. It is, thus, clear that the main object in enacting the directive principles appear to have been to set standards of achievements before the Legislature and the Executive, the local and other authorities, by which their success or failure can be jbdged. It was also hoped that those failing to implement the directives might receive a ntde awakening at the polls. It should, however, be noted that the directive principles do not impose any particular brand or pattern of economic or social order. They lay down the goals which may be achieved through various means which have to be devised from time to time. Classification of the Directives: The Directives may be classified into the following groups: A) Social and Economic Charter, B) Social Security Charter. C) Community Welfare Charter. We will discuss each of these charters below. A) Social and Economic Charter: This charter provides for social directives and economic directives. 1) Social Directives - For social order based on Justice: Article 38(1) provides that the state shall strive to promote the welfare of the people by securing and protecting, as effectively as it may, a social order in which justice - social, economic and political - shall inform all the 1 institutions of national life. This directive only reaffirms what has already r been said in the Preamble according to which the function of the Republic is to secure to all its citizens social, economic and political justice. 1 2 ) Economic Directives - For securing economic justice: Ptinciples of Directive Policy to be followed by the State should strive to secure economic justice. Article 39 specifically requires the state to direct its policy towards securing the following principles: Equal right of men and women to adequate means of livelihood. Distribution of ownership and control of the material resources of the community to the common good. To ensure that the economic system should not result in concentration of wealth and means of production to the common detriment. Empowering Laws Equal pay for equal work for both men and women. To protect health and strength of workers and tender age of children and to ensure that they are not forced by economic necessity to enter avocations unsuited to their age or strength. That children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity, and that childhood and youth are protected against exploitation and against moral and material abandonment. B) Social Security Charter: Following are the important directives under this charter. 1) Participation qf workers in marzagernent uf industries: Article 43-A requires the State to take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organizations engaged in any industry. 2) Right to work, education andpublic assista~zcein certain cases: Article 41 directs the State to ensure the people within the liinit of its economic capacity and development: a) employment, b) education, and c) public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of underserved want. 3) Just and humane conditions of work: Article 42 directs the state to make provision for securing just and humane conditions of work and for maternity relief. 4) Living wage for workers: Article 43 requires the State to try to secure, by suitable legislation or economic organization or in any other way, to all workers - agricultural, industrial or otherwise - a living wage, conditions of work ensuring a decent standard of life, full enjoyment of leisure and social and cultural opportunities, and in particular, the State shall endeavour to promote cottage industries on an individual or co- operation basis in rural areas. Article 43 refers to a 'living wage' and not "minimum wage". The concept of living wage includes in addition to the bare necessities of life, such as food, shelter and clothing, provisions for education of children and insurance, etc. 5 ) Provision for early childhood care and education to children below the age of s b years: Article 45 required the State to make provision within 10 years for free and compulsory education for all children until they complete the age of 14 years. The object was to abolish illiteracy from the country. In a landmark judgment in Unni Krishnan v. State of A. P. (1993, p.645) the Supreme Court held that the "Right to education" upto the age of 14 years is a fundamental right within the meaning of Article 21 of the Constitution, but thereafter the obligation of the State to provide education is subject to the limits of its economic capacity. "The right to education flows directly from the right to life", the Court declared. Though late, it was followed by the Constitution (86Ih Amendment) Act, 2002 which has substituted a new Article for Art. 45 which provides that "the State shall endeavour to provide early childhood care and education for all children until they coniplete the age of six  years". This has been necessitated as a result of making the right to The Constitution of India education of children upto the 14 years of age a fundamental right. 6) Duty to raise the standard of living and improvement of health: Article 47 imposes duty upon the State to raise the level of nutrition and the standard of living of its people and the improvement of public health. In particular, the State should bring about prohibition of the consumption, except for medicinal purposes, of intoxicating drinks and of drugs which are injurious to health. 7) Promotion of educational and economic interest of weaker sections: Article 46 enjoins the States to promote with special care the education and economic interests of the weaker sections of the people, and in particular of the Scheduled Castes and the Scheduled Tribes, and to protect them from social injustice and all forms of exploitation. 8) Equal justice and free legal aid to3~waomk~kIy.b&~d classer; Article 39-A directs the State to ensure tharfheeoperaT1"e)nof the legat system promote justice on the basis of equal opportunities and $hall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. This article was added to the Constitution pursuant to the new policy of the government to give legal aid to economically backward classes of people. 'Legal aid' and 'speedy trial' have now been held to be the fund;iilental rights under Article 21 of the Constitution available to all prisoners and enforceable by the courts. The State is under duty to provide a lawyer to a poor person and it must pay to the lawyer his fee as fixed by the Court (See H. M. Hoskot v State of Maharashtra, 1978,p. 1548; and Hussainara K k t ~ o n v Home Secretary, State of Bihar, 1979, p. 1322). C ) Community Welfare Charter: The essential directives under this charter include the following. 1) Uniform Civil Code: Article 44 requires the State to secure for the c citizens a Uniform Civil Code throughout the territory of India. In a historic judgment in Sarla Mudgal v Union of India (1995, p.635), the Supreme Court directed the Prime Minister Narsimha Rao to take fresh look at Art.44 of the Constitution which enjoins the State to secure a uniform civil code which, according to the court, is imperative for both protection of the oppressed and promotion of national unity and integrity.The court directed the Union Government through the Secretary to Ministry of Law and Justice, to file an affidavit by August 1995 indicating the steps taken and efforts made by the Government towards securing a uniform civil code for the citizens of India. The above direction was given by the Court while dealing with case where the question for consideration was 'whether a Hindu husband married under a Hindu law, after conversion to Islam, without dissolving the first marriage, can solemnize a second marriage?'. The Court held that such a marriage will be illegal and the husband can be prosecuted for bigamy under Section 494 of the Indian Penal Code. 15mpoweringLaws Organisatiorz of agriculture and animal husbandry: Article 48 directs 2) that the State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle. Protectiolt and improvement of etzvironment and safeguarding of forests and wild life: Article 48A requires that the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. 3) Protection of monuments andpluces and objects of national importance: Article 49 requires that it shall be the obligation of the State to protect every monument or place or object of artistic or historic interest. declared by or under law made by Parliament to be of national importance, from spoilation, disfigurement, destruction, removal, disposal or export, as the case may be. 4) Separation ofjudiciary from executive: Article 50 requires that the State shall take steps to separate the judiciary from the executive in the public services of the State; 5) Promotion ofinternationalpeace and set-urity:Article 5 1 provides that the State shall endeavour to: a) promote international peace and security; b) maintain just and honourable relations between nations: c) foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and d) encourage settlement of international disputes by arbitration. 6) Organisation of village panchayats: Article 40 directs that the State shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government (Pandey, 2007, pp.385-397). Diflerenec!between Fundamental Rights and Directive Principles of State Policy: Though the basic objectives of both Fundamental Rights and Directive Principles bf State Policy are identical there are significant differences between the two. 1) Fundamental rights are mostly political rights which tend to restrain the State. They ate also called negative rights. Articles 14 and 21 are negatively worded. Directive Principles of State Policy are social rights in the form of positive obligations of the State and pertain to the economic field. 2 ) The Scope of fundamental rights is limited, but that of the Directive Principles of State Policy covers a vast area. 3) Fundamental rights are justiciable. Courts protect them and compel the State to respect them. But, Courts cannot direct the State to give effect to a Directive Principle of State Policy. They are unenforceable rights. Relation between Fundamental Rights and Directive Principles of State Policy: Fundamental Rights are legally enforceable because they are guaranteed rights. But, Directive Principles of State Policy cannot be legally enforced. This gives rise to two situations: 28  a) The exercise of a Fundamental Right by a person seems to be inconsistent The Constitution of India with a Directive Principle of State Policy -A butchers right to carry on his business arid Art. 48 prohibiting slaughter of cows, etc. b) A legislation to give effect to a Directive Principle of State Policy infringes or abridges a fundamental right. A legislation fixing a.rninimum wage violates the right to carry on a trade under Art. 19(l)(g). Article 3 1C accepts the view that there may be situations in which there may be a conflict between a Fundamental Rights and a Directive Principle of State Policy. It lays down that if a law is enacted to implement the principles contained in Part TV of the Constitution, then it shall not be open to attack on the ground that it is inconsistent with a Fundamental R~ght.The law will prevail over the Fundamental Rights. Thus, Art. 3 1C gives primacy to all laws implementing the Directive Principles of State Policy aver the Fundamental Rights. e In Champnkarn's case (195 1 , p.228) the Supreme Court clearly stated: The Directive Principles have to conform to and run subsidia y to the Fundamental R~ghts.Of course, there are opinions, disagreeing with me above observation of the Court and argued that it was incorrect to attribute superiority to Fundamental Rights. The two must be construed harmoniously. In the case of Kerala Education Bill (1959, p.9951, the Supreme Court adopted the harmonious interpretation rule in 1959. It observed that the principle of harmonious construction should be adopted and attempt be made to give effect to both Fundamental Rights and Directive Principles of State Policy. In Kesavanand's case (1973, p.1461). the Court again clearly came out in favour of no superiority. It enunciated two principles: I i) Both Fundamental Rights and Directive Principles of State Policy are equally fundamental though Directive Principles of State Policy are not I directly enforceable by courts. ii) Fundamental Rights and Directive Principles of State Policy are complementary and supplementary to each other. In Minerva Mills' case (1980, p.1789), the Court reiterated that harmony and balance between Fundamental Rights and Directive Principles of State Policy is an essential feature of the basic structure of the Constitution. As a result, even after insertion of Art. 3 1-C, Directive Principles of State Policy have no primacy over Fundamental Rights. The Supreme Court has revised its views expressed in earlier decisions conferring superiority on Fundamental Rights. Both Fundamental Rights and Directive Principles of State Policy are on the same level. In case of an apparent conflict, it is for the court to resolve it in exercise of its power of judicial review. The court cannot declare a law which is inconsistent with a Directive Principle of State Policy as void, but the courts have upheld the validity of a law on the ground that it was enacted to implement the Directive Principle(s) of State Policy. In Sanjeev Coke 's case (1983, p.239), the Supreme Court took the view that the effect of the Courts opinion in Minerva Mills case is that Art. 3 1-C exists in the Empowering Laws Dr. Ambedkar's view: "In my judgment, the directive principles have a great value, for they lay down that our ideal is economic democracy. Because we did not want merely a parliamentary form of Government to be instituted through the various mechanisms provided in the Constitution, without any direction as I to what our economic idea is or as to what our social order ought to be, we rn Check Your Progress Notes: a) Space given below the question is for writing your answer, b) Check your answer with the one given at the end of this unit under "Answers to 'Check Your Progress' Questions". 3) Highlight the significance of the Directive Principles of State Policy in our Constitution................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 5.3.2.3 Fundamental Duties Like the Directive Principles of State Policy cast duty on the State to carry out the constitutional mandate in the interest of the citizens, some duties are also cast on the citizens who are bound to perform them. Fundamental duties of the citizen of India are dealt under Part IV-A of the Constitution of India. They were added to the Constitution of India by the Constitution (42ndAmendment) Act, 1976 in the form of Article 51-A. It states that, it shall be the duty of every citizen of India: a) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; b) To cherish and follow the noble ideals which inspired our national struggle for freedom; c) To uphold and protect the sovereignty, unity and integrity of India; d) To defend the country and render national service when called upon to do so; e) To promote harmony and the spirit of common brotherhood amongst all the I people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; f) To value and preserve the rich heritage of our composite culture; g) To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; I 30 h) To develop the scientific temper, humanism and the spirit of inquiry and The ConstitutionofIndia reform; i) To safeguard public property and to abjure violence; j) To strive towards excellence