directive principles of state
They are not justifiable as per Art 37 but enforceable in peopleâ€™s court. The object of these principles incorporated based on Irish Constitution is to embody the concept of a welfare State. They are positive in nature, as they are positive instructions to state to strive hard to implement some programmes for the welfare of people. On the other hand Fundamental Rights are negative in nature and they direct the state to refrain from doing certain acts violating the basic codified rights of people. Directive principles were held to be supplement to fundamental rights in achieving a Welfare State. Parliament can amend fundamental rights for implementing the directives so long as the amendment does not touch the basic features. They are supplement to each other. In fact directive principles and fundamental rights are to be harmoniously construed.K.T. Shah defined it as cheque payable at the convenience of banker.
Art 37; Not justiciable- Fundamental in governance
Art:38 State to secure a social order for the promotion of welfare of the people and (44 th amendment) minimize the inequalities in income. (What has been achieved in India is debatable)
Art 39â€Certain policies to be followed by the state.
a) Adequate means of livelihood (State trying to achieve them through poverty alleviation programmes)
b) Equal distribution of ownership and control of material resources (Socialist Policy)
c) Operation of economic system does not result in concentration of wealth to the common detriment.
d) Equal pay for equal work; concept accepted by Supreme Court. It is a basic right now under Equality) And (f) Child Welfare.
Art 39 A Added by Forty Second Amendment.
Equal Justice and free legal Aid. Free Legal Aid Society formed in each state under Sec 304 Cr.P.C. free legal aid has to be provided.
Art 40 â€“ Organization of Village Panchayat to function as Self Government.
Dream of Mahatma Gandhi 73rd amendment passed part IX in art 243 Ato243O
Art 41. Right to work, education and to public assistance in certain case.
Public assistance has to be provided to unemployed, old age, sickness and disablement (Old age pension paid in many states).
Art 42. Provision for just and human condition of work and maternity relief many landmark labour legislations passed. Free maternity hospitals opened.
Art 43: Living wage for worker-Not yet achieved. But minimum wage is prescribed and minimum wages Act passed.
Art 43 A : Participation of workers in Management (Inserted by 42nd Amendment (Not yet achieved).
Art 44: Uniform Civil Code for all the citizens. Supreme Court has stressed it even now.
Art 45: Provision of free and compulsory education below 6 years to be achieved as per 86th amendment â€“originally below 14 years to be achieved within 10 years of commencement of constitution (Not achieved. Highlight on Free Education Scheme in Tamil Nadu)
Art 46: Promotion of educational and economic interests of SC/ST and other Weaker Sections
a) Reservation b) Panjami lands c) Various Welfare Schemes d) Scholarships e) Hostels f) Coaching for competitive Examination.
Art 47: Raising the level of Nutrition and the standard of living to improve public health. Prohibition â€“ only Gujart following. Is it not mockery?
Art 48 Organisation of Agriculture and animal husbandry.
Lot of things done.
Art 48 A â€“ Inserted by 42 and amendment.Protection and improvement of environment and safeguarding of forests and wild life. Many Acts passed by the State.
Art 49. Protection of monuments and place and of national importance.
Art 50: Separation of judiciary from executive
Original status â€“ Need â€“ Evolution of Executive Magistrates.
Art 51: (1)Promotion of International peace-And security. 2) maintain just and honourable relationship with nations 3) Foster respect for IN Law, treaties 4) Settelemnt of disputes by arbitration.
Directive Principles and Fundamental Rights.
1) 25th Amendment Supremacy to art 39 (b) & (c) Rules 14 or 19
2) 42nd Supremacy to All Articles
3) Struck down by Supreme Court
a) 25th in Kesavananda â€“ Supplement to each other
b) 42nd in Minerva Mills â€“ Harmonious Construction
4) T.N. Vs Abu Kans Bai Court to make real attempt at harmonizing and reconciling both.
FUNDAMENTAL DUTIES 51A Chapter IV A
Added through 42nd amendment. Not enforceable by Courts through writs.. However can be referred to while interpreting statues. Environment- Forest cases.
It prescribes 10 duties
(a) To abide by Constitution and respect ideals, Institution, National Flag and National Anthem.
(b) To cherish and follow noble ideals that inspired freedom struggle.
(c) To uphold and protect soverignity, unity and integrity of India
(d) To defend country and render national service when called for.
(e) To promote harmony among different ---renounce practice derogatory to the dignity of women.
(f) To value and preserve the rich heritage of our composite culture.
(g) To protect and improve national environment including forests, lakes, rivers and wild life and to have compassion towards living creatures.
(h) To develop scientific temper, humanism and the spirit of inquiry and reform.
(i) To safeguard public property and to abjure violence.
(j) To strive towards excellence in all spheres
(K) duty of parent â€“86th amend
"21A. the State shall provide free and compulsory education to all children of the age of six to fourteen year in such manner as the State may, by law, determine".
Art 45. The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years"."
Art 51(k) who is a parent or guardian to provide opportunities for education to his child or as the case may be, ward between the age of six and fourteen years".
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