DIRECTIVE PRINCIPLES OF STATE POLICY

AND

FUNDAMENTAL DUTIES

SUBMITTED TO:
 ACKNOWLEDGEMENT
I would like to be greatly thankful to my project mentor Mrs. Shruti Bedi who has provided
me guidance about the Constitution of India and my project topic DIRECTIVE PRINCIPLES
OF STATE POLICY AND FUNDAMENTAL RIGHTS. She has told us the way to get the
job done , not providing the exact way to do it , but the concept behind the complexities so
that we can make better of our knowledge and build up higher skills. However , at some
places , where I could not understand the provisions or I was unable to follow the rules laid
down in the Constitution , she taught us the work done in efficient and best manner and given
up explored details about the problem and explained the provisions and the articles .

It is my great honour to express my gratitude to those who have been kind enough to help me
initiate and complete my project. I must acknowledge my debt of gratitude to my classmates
and friends. By whom we received substantial inspiration, encouragement and congenial
atmosphere, necessary for such academic accomplishment.

STUDENTS NAME :

VARANPREEET KAUR

174/15
 INTRODUCTION

Part IV of the Constitution relates to the Directive Principles of State Policy. It sets forth the
ideals and objectives to be achieved by the State for setting up in India a Social Welfare State,
as distinguished from a mere Police State, which aims at a social welfare and the common
good and to secure to all its citizens, justice- social and economic. The inspiration for
including in the Constitution, such Principle, is drawn from the Constitution of Ireland,
degree of social, economic and political equalities, the assumption by community acting
through the State, as its responsibility, to provide the security, civilised living, capacity to
secure social status and culture to keep good health, the Welfare State, therefore, should take
positive measure to assist the community at large to achieve the above.1

Definition of State: in this Part, unless the context otherwise requires, the State has the
same meaning as in Part III. This Article enacts that the definition of the Expression the
State shall apply throughout Part IV , wherever that word is used.

The State The definition of the term the State specifies the authorities and
instrumentalities functioning within or without the territory of India which shall be deemed to
be the State for the purposes of Part III of the constitution. The definition is inclusive and
not exhaustive. Therefore, authorities and instrumentalities not specified in it may also fall
within it if they otherwise satisfy the characteristics of the State as defined in this Article. The
authorities and instrumentalities specified in Article are:

i. The Government and Parliament of India;

ii. The Government and Legislature of each of the States;
iii. All local authorities ; and
iv. Other authorities within the territory of India or under the control of the .
Government of India.2

1 Dr . Narender Kumar , Constitutional Law of India p.508 (Allahabad law

agency , 21st edn. )

2 Dr. V.N . Shukla , The constitution of India, p.297 (Eastern book co . 14th edn)
OBJECT AND PURPOSE :
The founding- fathers were aware of the drawbacks, the country had been suffering from,
such as, poverty, unemployment, lack of education, social, economic, and political
backwardness. They, in order to eradicate these evils, set forth in the very Preamble, the
ideals and objectives to be achieved. The Preamble sounds the solemn resolve of the people
of India, to secure to all its citizens justice- social, economic, and political; liberty of thought,
expression, belief, faith and worship. It speaks to secure all its citizens, equality of status and
of opportunity, and to promote among them all fraternity, assuring the dignity of the
individual and the unity and integrity of the Nation. The intention of the Makers, therefore
was to establish in India a democracy political, economic and social.

To achieve this cherished goal, the framers were unanimous to secure to the people
practically all the prevailing political, social and economic rights. These rights were broadly
speaking, divided into two categories: (i) political and Civil Rights; and (ii) Social and
Economic Rights.

The former rights which were, in their opinion, within the reach of the individual were
provisioned as Fundamental Rights and the latter being considered beyond individuals reach
under the prevailing circumstances, were titled as Directive Principles of State Policy.3

Dr B R Ambedkar, while explaining the object underlying the Directive Principles of State
Policy, observed:

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 lat down an ideal
before those who would be forming the Government. That ideal is economic democracy,
whereby, so far as I am concerned, I understand to mean one man one vote.

It is thus clear that the main object behind the Directive Principles Of State Policy is to
achieve the ideal of economic democracy. In the opinion of Dr. L. M. Singhvi, the Directive
Principles are the life giving provisions of the Constitution. These principles constitute the
stuff of the Constitution and its philosophy of social justice. These principles represent the
pledges and the promises of our Constitution, which is not merely a literary document but a
living document.

3 Supra 1, p. 508
The Directive Principles of State Policy contain the social, economic, cultural and
educational, objectives of the state. These provide a motivation for a peaceful political
revolution. These also provide a programme for social reconstruction and economic
upliftment of the people of India. The Directive Principles inscribe the ideas and aspirations
of the people of India for which they had fought against the foreign rule. In the words of Dr.
K. V. Rao, the Directive Principles are the brain centre of the Constitution which gives the
directions for working the mechanism contained in other parts of the Constitution. Mr Justice
Hedge explained that the Directive Principles proceeded on the basis of human rights.
Representative democracies will have no meaning without economic and social justice to the
common man. It is thus social and economic justice which is required to be achieved by the
incorporation of State Policy.

The Directives are meant to be the fundamental principles which should necessarily be made
the basis of all executive and legislative action that may be taken in the governance of the
country. These must be regarded as the objectives of national activity and it must be the
endeavour of every State as well as the Union, to give effect to them. 4

ARTICLE 37

Application of the principles contained in this part The provisions contained in this Part
shall not be enforceable by any court, but the principles therein laid down are nevertheless
fundamental in the governance of the country and it shall be the duty of the state to apply
thses principles in making laws.

4 Supra 1, p. 509
NATURE OF THE DIRECTIVE PRINCIPLES

The Directive principles possess two characteristics. Firstly, they are not enforceable in any
court and therefore, if a directive is not obeyed or implemented by the State, its obedience or
implementation cannot be secured through judicial proceedings. This characteristic has been
diluted in practice by court decisions which have enforced some of the directive e principles
in support of fundamental rights. Secondly, they are fundamental in the governance of the
country and it shall be the duty of the State to apply these principles in making laws. The
expression laws must be construed in a generic sense and should include all normative
exercise of power including decision making.5

The Planning commission of India explained the non-enforcement clause contained in the
Article 37 in regard to these Directives, as:

The non-justicable clause only provides that the infant State shall not be immediately called
upon to account for not fulfilling the new obligations laid upon it. A State just awakened from
freedom with its many preoccupations might be crushed under the burden unless it was free
to decide the order, the time, the place and the mode of fulfilling them.

It is therefore, not correct to criticise that the Directive Principles of State Policy are
meaningless and useless. These contain a mandate of the Constitution, though not enforceable
by force, are nonetheless binding on all the organs of the State.

A three judge Bench of the Supreme Court in Air India Statutory Corpn. v. United Labour
Union6, observed that these Directives are fore-runners of the U. N. Convention on Right to
Development. These Principles are embedded as integral part of our Constitution and that
these now stand elevated to inalienable fundamental human rights. It has further been ruled
that these Principles are justiciable by themselves.

However, the Courts cannot issue any direction to the Parliament or to the State legislature to
enact a particular kind of law. Implementation of the directive principles is, therefore, a
matter of policy for the Government to decide.

5 Supra 2,p. 298

6 AIR 1997 SC 645

SANCTION BEHIND THE DIRECTIVE PRINCIPLES:

The Directive principles have been criticised as not binding since they are not enforceable by
the Courts. This aspect of the matter was further explained by Dr. Ambedkar when he
observed:

Although there is no sanction against the State in the legal sense, if it does not implement
these directives, but the State would be answerable to the people every time at the time of
elections and the people would reject the Government which did not take steps towards the
implementation of these directives. It had been considered as an effective sanction against the
State in the Constituent Assembly.

Therefore, there may not be the legal force behind the Directives but the highest tribunal
the public opinion stands behind them. No Government can afford to ignore these
directives, if it is not keen to doom its future for all times to come.

DIRECTIVE PRINCIPLES AND FUNDAMENTAL RIGHTS

SNO DIRECTIVE PRINCIPLES OF FUNDAMENTAL RIGHTS

. STATE POLICY
1. These are expressly declared non- Fundamental Rights are justiciable
justiciable.
2. They are required to be implemented Fundamental Rights cannot be violated
by legislation and so long as there is neither by the State nor any individual.
no law carrying out the policy
contained in these Directives, neither
the State nor an individual can violate
any existing law or legal right under
colour of flowing a Directive.
3. The courts cannot declare any law as The contravention of Fundamental Rights
void on the ground that it contravenes can be rescinded by the Court.
any of the Directive Principle
4. The court are not competent to The court can strike down an act of the
compel the Government to carry out Government violative of any Fundamental
any Directive Principle. Right and can enforce the Right against the
Government.
5. The Directives do not confer upon or The legislatures cannot make any law
 take away any legislative power from violative of fundamental right.
the appropriate Legislature.
Legislative competence must be
sought from the Legislative List
contained in the Seventh Schedule to
the Constitution.

Since the directive principles are not enforceable by any court, it has been advocated that they
are not law, much less constitutional law and therefore their non- observance by the State
does not entail any legal consequences. For the same reason a law giving effect to the
directive principles has to observe all the constitutional limitations such as the fundamental
rights and in case it violates the limitations, it must be held unconstitutional. 7

In State Of Madras v. Champakam Dorairajan8, the first important case relating to the
relationship between the fundamental Rights and the Directive Principles , the Supreme Court
held that the Directives would have to conform to the Chapter on Fundamental Rights. These
observations of the Court were based on the literal interpretation of the provisions of Article
37 which declares the Directive Principles not justiciable. 9

But this view has been contested from the very beginning on the ground that being part of the
same constitution Fundamental Rights and Directive Principles are equally important and
neither of them is superior or inferior to the other: rather both supplement each other and
have to be construed harmoniously. The Court did not Shandon its initial position but the
same S.R. Das, J., who wrote the Champakam opinion, subsequently as Chief Justice of India
clearly spoke of harmony between the Fundamental Right and the Directive Principle. 10

7 Supra 2, p. 298

8 AIR 1951 SC 226

9 Supra 1, p. 510

10 Supra 2, p. 299
When the Court dealt with Zamindari Abolition cases its attitude was considerably modified.
In the State of Bihar v. Kameshwar Singh11, the Court relied on Article 39 in deciding that a
certain Zamindari Aboiltion Act had been passed for a public purpose within the meaning of
Article 31. Finally, in Re Kerala Education Bill12, the Supreme Court observed that though
the directives cannot override the fundamental right, nevertheless , in determining the scope
and ambit of Fundamental Rights the court may not entirely ignore the court may not entirely
ignore the directive principles but should adopt the principles of harmonious construction
and should attempt to give effect to both as much as possible. Likewise, a State law which
prohibits slaughter of cows and calves and other cattle capable of work has been upheld
because it was meant to give effect to Article 48 of the Constitution. Again, Article 44 has
been referred to in upholding the validity of the excise rules empowering the Central
Government to grant exemption from payment of duty to small co-operative societies of
weavers producing cotton fabrics on power looms. While Part III contains negative
injunctions to the State not to do various things, Part IV contains positive commands to the
State to promote what may be called social and welfare State.

Thus although in the earlier decisions the Court paid less regard to the directive Principles on
the ground that they are not justifiable like the Fundamental Rights, but in its later decisions
the Court has taken the view that there is no conflict between the Directive Principles and
Fundamental Rights and they supplement each other in aiming at same goal bringing about
social revolution and the establishment of Welfare State which is envisaged in the Preamble.
In view of this the Courts have the responsibility to interpret the provisions of the
Constitution in such a way so as to ensure the implementation of the directive principles and
to harmonise the social objectives underlying the directives with the individual rights. This is
the mandate of the Constitution not to the Legislature and the Executive only but to the
Courts as well.13

11 AIR 1952 SC 252

12 AIR 1956 SC 956

13 Dr. J.N. Pandey , Constitutional law of India, p. 381 (Central Law agency ,
Allahabad 42nd edn. )
The opinion so expressed was reiterated and followed with approval in Minerva Mills
Limited v. Union of India14. The Court observed that the Constitution was founded on the
bed rock of balance between Part III and Part IV. To give absolute primacy to one over the
other was to disturb the harmony of the Constitution which held, was an essential feature of
the basic structure of the Constitution. It has been emphasised that the Directives should be
regarded as equally fundamental in understanding and interpreting the meaning and content
of fr.

It thus follows that there is no conflict between the Directive Principles and Fundamental
Rights. Both constitute an organic unit. They are divided into two parts for the sake of
convenience. Both embody the philosophy of our Constitution, the philosophy of justice
social , economic, and political. They are two wheels of the chariot as an aid to make social
and economic democracy a truism. Though an action taken in consonance with Part IV is
considered to be reasonable, it does not, however, imply that any action not in consonance
with Part IV would be ultra vires.15

ARTICLE 31 C AND DIRECTIVE PRINCIPLES

Art. 31-C was added by the Constitution 25th Amendment, 1971. The amendment has
considerably enhanced the importance of the directive principles. The object of the
amendment as stated in the objects clause of the Bill was that this was enacted to get over the
difficulties placed in the way of giving effect to the directive principles of State policy. The
first part of Article 31-C provides that no law which is intended to give effect to the directive
principles contained in Art. 39 (b) and (c) shall be deemed to be void on the ground that it is
inconsistent with or takes away or abridges any of the rights conferred by article 14 or 19.
The second part of Art 31- C provided that no law containing a declaration that it is for
giving effect to such policy can be called in question on the ground that it does not in fact
give effect to such policy (invalid). The validity of first part of Article 31- C was upheld in
Fundamental Rights Case16, but the second part of this Article which barred the judicial
scrutiny of such laws was struck down as unconstitutional.

14 AIR 1980 SC 1789

15 Supra 1, p. 512

16 AIR 1973 SC 1789

Article 31-C was again amended by the 42nd amendment Act, 1976. This Amendment further
widened the scope of Article 31- C so as to cover all directive principles. For the purpose, the
amendment substituted by the words all or any of principles laid down in Part IV for the
words the principles specified in clause (b) or (c) of Article 39 in Article 31 C of the
Constitution. It was claimed by the Congress government which introduced the amendment
bill in the Parliament that this was being done in order to restore the primacy of the Directive
Principles over Fundamental Rights as intended by the framers of the Constitution. On the
other hand, they made Fundamental Rights justifiable rights (Article 13) and the Directives
non justifiable rights (Article 37). The intention of the framers of the Constitution as
reflected from the discussion in the Assembly and the final draft is therefore, that the goals of
the individual liberty and the welfare of society should be achieved by reading them together,
without sacrificing either of them. No Courts could possibly say in the face of Art. 37 and
Art. 13 that non-justiciable rights should prevail over the justifiable rights.

In Minerva Mills Limited v. Union of India17, the Supreme Court by the majority of 4 to 1
struck down Art 31-C as amended by 42nd amendment as unconstitutional on the ground that
it destroys the basic feature of the Constitution. The Court held that Article 31- C was
beyond the amend,ent power of the Parliament and was void since it destroyed the basic
feature by total exclusion of challenge to any law on the ground that it was inconsistent with
or took away or abridges any of the rights conferred by Art. 14 and 19 of the Constitution.
The goals set out in Part IV have to be achieved without abrogation of the means provided for
by Part III. To destroy the guarantees given by Part III in order to achieve the goals of Part IV
is plainly to subvert the Constitution. The Court held that the unamended Article 31- C is
valid as it does not destroy any basic feature of the Constitution. The unamended Article 31-C
gives protection to defined and limited categories of law i.e. Article 39 (b) and (c). They are
vital for the welfare of the people and do not violate Article 14 and 19.

But in Sanjeev Coke Manufacturing Co. V. Bharat coking Coal Ltd.18, the Supreme Court
expressed doubt on the validity of its decision in Minerva Mills Case. A five Judges Bench
held that the question regarding the validity of section 4 of the 42nd amendment was not
directly at issue in Minerva Mills Case and therefore, determination of that question was
uncalled for and obiter and since the validity of Article 31-C, as originally introduced in the
17 AIR 1980 SC 1789

18 AIR 1983 SC 239

Constitution, had been upheld in Keshvananda Bharati Case, it should lead to the conclusion
that Article 31-C as amended by the 42nd amendment is also valid. The extension of
constitutional immunity to other Directive Principles does not destroy the basic structure of
the Constitution. Accordingly, the Court held that the nationalisation of coke oven plants of
the petitioner was done in order to securing the principles specified in Article 39 (b) and (c)
and therefore, the impugned Act is valid even if it is violative of Article 14. Further, it is not
necessary for implementation Article 39 (b) that the industry as a whole should be
nationalised. The extent of every scheme of nationalisation are matters of State Policy which
is not subject to judicial review. The protection of Article 31-C cannot be denied on the
ground that the objective set out in the preamble of the impugned Act have not been realised
even after few years. The matter must be viewed keeping before the needs of the future, with
the expansion of iron and steel industry the need for hard coke are bound to grow and
therefore, the nationalisation of coal mines and coke oven plants have become necessary. It is
submitted that the Court has only expressed doubt about the validity of Minerva Mills
decision but has not expressly overruled it, and therefore the decision regarding invalidity of
Section 4 of the 42nd amendment in Minerva Mills case remains valid until it is overruled.
This decision has again created confusion which has been finally settled in earlier decision
that there is no conflict between Fundamental Rights and Directive Principles and both are
supplementary to each other.

The confusion created by the above judgment has been removed by the decision of the
Supreme Court in State of Tamil Nadu v. L. Abu Kavur Bai19, a five bench judge of the
Court has held although the Directive Principles are not enforceable yet the Court should
make a real attempt at harmonising and reconciling the Directive Principles and Fundamental
Rights and any collision between the two should be avoided as far as possible. The reason
why the founding fathers of our Constitution did not advisedly make these principles
enforceable was, the court said perhaps due to vital consideration of giving the Government
sufficient latitude to implement these principles from time to time according to capacity,
situations and circumstances that may arise. 20

19 AIR 1984 SC 326

20 Supra 9, p. 385
 ARTICLE 38: PROMOTION OF SOCIAL ORDER
38. State to secure a social order for the promotion of welfare of the people
(1) 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 institutions of the national life
(2) The State shall, in particular, strive to minimize the inequalities in income, and endeavor
to eliminate inequalities in status, facilities and opportunities, not only amongst individuals
but also amongst groups of people residing in different areas or engaged in different
vocations
Clause (2) of Article 38 was inserted by the Constitution ( 44th Amendment) Act, 1978. has
been a keystone of the Directive Principles. This Article is a directive to the State to give
effect to the objectives expressed in the preamble of the Constitution, by securing a social
order for the promotion of the welfare of the people. It is the star by which we are expected to
chart our course. It is to achieve the goals echoed in Article 38 that the Part IV contains
various provisions.21

In the recent judgment, Air India Statutory Corporation v. United Labour Union22 , a three
Judges of the Court has explained the concept of social justice in Article 38 as follows:

the concept of social justice consists of diverse principles essential for the orderly growth
and development of personality of every citizen. Social Justice is them an integral part of
justice in the g0eneric sense. Justice is the genus, of which social justice is one of its species.
Social justice is a dynamic devise to mitigate the sufferings of the level of equality to live a
life with dignity of person. Social justice is not a simple or single idea of a society but is
essential part of complex social change to relive the greater good of the society at large. The
aim of social justice is to attain substantial degree of social, economic and political equality
which is the legitimate expectation and constitutional goal. In a developing country like ours,
where there is vast gap of inequality in status and opportunity, law is a catalyst, rubicon to the
poor etc. to reach the ladder of social justice. The Constitution, therefore, mandates the State
to accord justice to all members of the society in all facets of human activity. The concept of
social justice enables equality to flavour and enliven the practical content of life. Social

21 Supra 1, p.514

22 AIR 1997 SC 645

justice and equality are complementary to each other so that both should maintain their
vitality. Rule of law, therefore, is a potent instrument of social justice to bring about
equality.23

ARTICLE 39: CERTAIN PRINCIPLES OF POLICY TO BE

FOLLOWED BY THE STATE
39. Certain principles of policy to be followed by the State: The State shall, in particular,
direct its policy towards securing
(a) that the citizens, men and women equally, have the right to an adequate means to
livelihood;
(b) that the ownership and control of the material resources of the community are so
distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth
and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children
are not abused and that citizens are not forced by economic necessity to enter avocations
unsuited to their age or strength;
(f) 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
The right to livelihood was not given much importance earlier. However, in Olgha Tellis v.
Bombay Municipal Corporation24, the Supreme Court has declared it to be part of the right
to life guaranteed by Article 21. 25

Clause (f) was modified by the Constitution(42nd Amendment) Act,1976 with a view to
emphasize the constructive role of the State with regard to children. In M. C. Mehta v. State
of Tamil Nadu26, it has been held that in view of Article 39 the employment of children
within the match factories directly connected with the manufacturing process of matches and
23 Supra 9, p.370

24 AIR 1986 SC 180

25 Supra 1, p. 515
fireworks cannot be allowed as it is hazardous. Children can, however, be employed in the
process of packing but it should be one in area from place of manufacturing to avoid
exposure to accidents.

In an another landmark judgment in M. C. Mehta v State of Tamil Nadu27, known as (Child

Labour Abolition case) a three Judges Bench of the Supreme Court (comprising Kuldeep
Singh, B. L. Hansaria and S. B. Mazumdar. JJ.) has held that children below the age of 14
years cannot be employed in any hazardous industry or mines or other work. The matter was
brought in the notice of the Court by public spirited lawyer Sri M. C. Mehta through public
interest litigation under Article 32. He told the Court about the plight of children engaged in
Sivakasi Cracker Factories and how the constitutional right of these children guaranteed by
Article 24 was being grossly violated and requested the Court to issue appropriate directions
to the Governments to take steps to abolish child labour.

The Court issued the following directions

1. The Court directed for setting up of Child Labour Rehabilitation Welfare Fund and
asked the offending employers to pay for each child a compensation of Rs. 20,000 to
be deposited in the fund and suggested a number of measure to rehabilitate them in a
phased manner.
2. The liability of the employer would not cease even if after the child is discharged
from work, asked the Government to ensure that an adult member of the childs
family gets a job in a factory or anywhere in lieu of the child.
3. In those cases where it would not be possible to provide jobs the appropriate
Government would, as its compensation deposit Rs 5000 in the fund for each child
employed in a factory or mine or in any other hazardous employment. The authorities
concerned has two options: either it should ensure alternative employment for the
adult whose name would be suggested by the parent or the guardian of the child
concerned or it should deposit a sum of Rs 25,000 in the fund.
4. In case of getting employment for an adult the parent or guardian shall have to
withdraw his child from the job. Even if no employment would be provided, the
parent shall have to see that his child is spared from the requirement of the job as an
alternative source of income interest income from deposit of Rs. 25000 would

26 AIR 1987 SC 1086

27 Ibid
 become available to the childs family till he continues his study upto the age of 14
years.
5. As per Child Labour Policy of the Union Government the Court identified some
industries for priority action.
6. The employment so given could be in type industry where the child is employed a
public sector undertaking and would be manual in nature in as much as the child in
question must be engaged in doing manual work the undertaking chosen for
employment shall be one which is nearest to the place of the residence of the family.
7. For the purpose of collection of funds, a district could be unit of collection so that the
executive head of the district keeps the watchful eye on the work of the inspectors. In
view of the magnitude of the task, a separate cell in the Labour Department of the
appropriate Government would be created. Overall monitoring by the Ministry of
Labour of the Union Government would be beneficial and worthwhile.
8. The Secretary of the Ministry of Labour of the Union Government is directed to file
an affidavit within a month before the Court about the compliance of the directions
issued in this regard.
9. Penal provisions contained in the 1986 Act will be used where employment of a child
labour prohibited by the act is found.

In so far as the non hazardous jobs are concerned the Inspector shall have to see that the
working hours are not more than 4 to 6 hours a day and it received education at least two
houses each day. The entire cost of education shall be borne by employer.28

MATERIAL RESOURCES :
The expression material resources on Article 39 (b) means all things which are capable of
producing wealth for the community. Everything of value or use in the material world is
material resource and the individual being a member of the community, his resources are part
of those communities. It is wide enough to cover not only natural or physical resource but
also movable or immovable property, such as land, building, workshops, vehicles etc. Thus ,
an Act which is intended to augment the production and supply of refractories to meet the
essential requirement of the crucial iron and steel industry has been held to be a measure
towards implementation of the policy contained in Article 39(b). In State of Tamil Nadu v.
Abu Kavur Bai,29 coal was held to be one of most important known source of energy and

28 Supra 9, p. 372

29 AIR 1984 SC 326

therefore a vital natural resource. The expression material resource not only includes those
which are already vested in the State, but also the resources in the hands of private persons.
Thus, electricity generated and distributed by non- government undertaking is such a resource
that its nationalisation under the Tinsukhia and Dibrugarh Electric Supply Undertakings
(Acquisition) Act, 1973, was held to be done for securing Principle contained in Article
39(b).30

DISRIBUTION :
The word distribution in Article 39(b) is to be given a wider interpretation. It does not only
mean that property of one should be taken over and distributed to others. It also includes
nationalisation which is an effective distributive process as it prevents concentration of
wealth in few hands and thus benefits the society at large.

Natural resources owned by the State on behalf of the people, have to be distributed in
consonance with equality principles and principle of public trust. So stating, the apex Court in
the Centre for Public Interest Litigation v. Union of India31, explained that the doctrine of
equality has two aspects:

First, it regulates the rights and obligations of the State vis -a -vis its people and
demands that the people to be granted equitable access to natural resources....., and

Second , it regulates the rights and obligations of the State vis- a-vis private parties
seeking to acquire /use the resources and demands that the procedure adopted for distribution
is just, non- arbitrary and transparent and that is does not discriminate between similarly
placed private parties.

So said, the Court held the allocation of I.G. Spectrum , a natural resource belonging to the
people by the respondents on first cum first served basis, as illegal suffering from
fundamental law. It firstly, involves an element of pure chance or accident, secondly, it has
inherently dangerous implications. Requiring that the public authority while alienating the
scare natural resources like spectrum etc, must adopt a transparent and fair method, ensuring

30 Supra 1, p.515

31 Air 1983 sc 624

a fair opportunity of competition to all eligible persons. A duly published auction conducted
fairly and impartially has been held to be the best method in such a matter.32

EQUAL PAY FOR EQUAL WORK:

Pursuant to Article 39(d), Parliament has enacted the Equal remuneration Act, 1976. The
directive contained in Article 39(d) and the Act passed thereto can be judicially enforceable
by the Court. In Randhir Singh v. Union of India33, the Supreme Court has been held that the
principle of Equal Pay for Equal work though not a fundamental right is certainly a
constitutional goal and therefore capable of enforcement through constitutional remedies
under Article 32 of the Constitution. The doctrine of equal pay for equal work is equally
applicable to persons employed on a daily wage basis. They are also entitled to the same
wages as other permanent employees in the department employed to do the identical work.

However, the doctrine of equal pay for equal work cannot be put in a strait jacket. This
right, although finds place in article 39 is an accompaniment of equality clause enshrined in
Article 14 and 16. Reasonable classification, based on intelligible criteria having nexus with
the object sought to be achieved is permissible. Accordingly. It has been held that the
different scales of pay in the same cadre of persons doing similar work cam be fixed if there
is difference in the nature of work done and difference as regards reliability and
responsibility. In State of A.P. v. V. G. Sreenivasa Rao34, it has been held that giving higher
pay to a junior in the same cadre is not illegal; and violative of Article 14,16 and 39 (d) it
there is rational basis for it. In State of Haryana v. Rajpal Sharma35, it has been held that the
teachers employed in privately managed aided schools in the State of Haryana are entitled to
the same salary and dearness allowance as it paid to teachers employed in Government
school.36

32 Supra 1 p. 432

33 AIR 1982 SC 879

34 (1989) 2 SCC 290

35 AIR 1997 S.C. 449

36 Supra 9, p. 373
 ARTICLE 39-A: EQUAL JUSTICE AND FREE LEGAL AID
39A. Equal justice and free legal aid.The State shall secure that the operation of the legal
system promotes justice, on a basis of equal opportunity, and shall, 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.

Article 39A promotes justice on the basis of equal opportunities. It imposes an imperative
duty upon the State to provide free legal aid to the poor. It litigant to have an easy access to a
Court of Law to invoke legal right and to secure hum equal protection of laws against his
well- to do opponent, that the scheme of affording legal aid and assistance to the poor has
been conceived. It has been held to be mandate not only from Article 39A but also from
Articles 14 and 21.37

In a notable judgment in State of Maharashtra v. Manubhai Bagaji Vashi,38 the Supreme

Court has held that Article 21 read with Article 39A casts a duty on the State to afford grants-
in-aid to recognised private law colleges, similar to other faculties, which qualify for receipt
of the grant. The aforesaid duty cast on the State cannot be whittled down in any manner,
either by pleading paucity of funds or otherwise. The right to free legal aid and speedy trial
are guaranteed Fundamental Rights under Article 21. Article 39-A provides equal justice
and free legal aid.39

NATIONAL LEGAL SERVICES AUTHORITY :

Article 39A of the Constitution of India provides for free legal aid to the poor and weaker
sections of the society and ensures justice for all. Articles 14 and 22(1) of the Constitution
also make it obligatory for the State to ensure equality before law and a legal system which
promotes justice on the basis of equal opportunity to all. In the year 1987, the Legal Services
Authorities Act was enacted by the Parliament which came into force on 9th November, 1995
to establish a nationwide uniform network for providing free and competent legal services to
the weaker sections of the society on the basis of equal opportunity. The National Legal
Services Authority (NALSA) has been constituted under the Legal Services Authorities Act,

37 Supra 1, p. 516

38 AIR 1989 Bom 296

39 Supra 9, p. 375
1987 to monitor and evaluate implementation of legal aid programmes and to lay down
policies and principles for making legal services available under the Act. In every State, a
State Legal Services Authority and in every High Court, a High Court Legal Services
Committee have been constituted. District Legal Services Authorities, Taluk Legal Services
Committees have been constituted in the Districts and most of the Taluks to give effect to the
policies and directions of the NALSA and to provide free legal services to the people and
conduct Lok Adalats in the State. Supreme Court Legal Services Committee has been
constituted to administer and implement the legal services programme insofar as it relates to
the Supreme Court of India.

FUNCTIONING OF NALSA

NALSA lays down policies, principles, guidelines and frames effective and economical
schemes for the State Legal Services Authorities to implement the Legal Services
Programmes throughout the country. Primarily, the State Legal Services Authorities, District
Legal Services Authorities, Taluk Legal Services Committees, etc. have been asked to
discharge the following main functions on regular basis:

I. To Provide Free and Competent Legal Services to the eligible persons;

II. To organize Lok Adalats for amicable settlement of disputes and III. To organize legal
awareness camps in the rural areas.

I. FREE LEGAL SERVICES

The Free Legal Services include:-

a) Payment of court fee, process fees and all other charges payable or incurred in connection
with any legal proceedings;

b) Providing service of lawyers in legal proceedings;

c) Obtaining and supply of certified copies of orders and other documents in legal
proceedings.

d) Preparation of appeal, paper book including printing and translation of documents in legal
proceedings.
Persons eligible for getting free legal services include:- i) Women and children; ii) Members
of SC/ST iii) Industrial workmen iv) Victims of mass disaster, violence, flood, drought,
earthquake, industrial disaster. v) Disabled persons. vi) Persons in custody vii) Persons whose
annual income does not exceed Rs. 1 lakh (in the Supreme Court Legal Services Committee
the limit is Rs. 1,25,000/-). viii) Victims of Trafficking in Human beings or begar

II. LOK ADALATS

Lok Adalat is one of the Alternative Disputes Resolution Mechanisms. It is a forum where the
disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised
amicably. The Lok Adalat has been given statutory status under the Legal Services
Authorities Act, 1987. Under this Act, an award made by a Lok Adalat is deemed to be a
decree of a civil court and is final and binding on all parties and no appeal lies against thereto
before any court.

(a) Lok Adalats are being organized by the Legal Services Authorities/Committees for
settlement of cases pending before courts u/s 19 of the Legal Services Authorities Act, 1987
and also for matters at pre-Litigative stage, under the guidance of NALSA.

(b) Chapter VI-A has been inserted in the Legal Services Authorities Act, 1987 in the year
2002, with a view to provide compulsory pre-Litigative mechanism for conciliation and
settlement of disputes relating to Public Utility Services

LEGAL AWARENESS PROGRAMMES

As a part of the preventive and strategic legal aid, NALSA through the State Legal Services
Authorities, conduct legal literacy programmes. In some States, Legal Literacy Programmes
are conducted every year in schools and colleges and also for empowerment of women in a
routine manner, besides the rural legal literacy camps. NALSA undertook special legal
awareness programmes on MGNREGA, Rights of Senior Citizens and Womens Welfare
Programmes. A special scheme for settlement of grievances relating to MGNREGA through
LokAdalat also was implemented by NALSA.40

ARTICLE 40: VILLAGE PANCHAYATS

40 http://doj.gov.in/sites/default/files/BRIEF-NALSA_0_3.pdf
40. Organisation of village panchayats.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.

The object of this provision is to introduce democracy at the grass roots. These panchayats
are expected to be the training grounds for the development of democratic traditions. Village
panchayats have been introduced throughout the country. Many states have enacted laws for
the organisation and proper functioning of panchayats. But unfortunately these panchayats
are not functioning satisfactorily. Elections to Panchayats had been very irregular and
uncertain. In order to revitalise the Pamchayati Raj institutions and urban local bodies
Parliament enacted the Constitution 73rd and 74th amendment Acts, 1992. These provides
constitutional sanction to democracy at grass roots by incorporating in the Constitution new
parts Part IX and Part IX-A (Articles 243 to 243ZG) relating to Panchayats and urban local
bodies. The 73rd Amendment provides for a three tier of Panchayat Raj system at the village,
intermediate and district levels. The Amendment envisages the Gram Sabha as the foundation
of the Panchayati Raj system. Gram Sabha is a body consisting of all persons of a village
registered as votes. The 74th Amendment Act provides constitutional sanction to urban self-
governing institutions. It provides the three types of municipal corporations for urban areas
Nagar Panchayats, Municipal Councils, and Municipal Corporations according to the
population. The Panchayati Raj and Nagarpalika Constitution Amendment Act provide
Constitutional guarantee to basic and essential features of the self governing institutions in
rural and urban areas. The Amendment ensures their regular elections and also provides for
reservation of seats to SCs and STs and women in the Panchayati Raj bodies. Under these
Amendments the Panchayati Raj institutions shall have both financial as well as
administrative powers.41

The term village has not been defined in the Constitution nor does it have any fixed definition
otherwise. Therefore, a State may give an appropriate definition for the purpose.42

41 Supra 9, p. 345

42 Supra 1 , p. 453
 ARTICLE 41: RIGHT TO WORK, TO EDUCATION AND TO
PUBLIC ASSISTANCE
41. Right to work, to education and to public assistance in certain cases.The State shall,
within the limits of its economic capacity and development, make effective provision for
securing the right to work, to education and to public assistance in cases of unemployment,
old age, sickness and disablement, and in other cases of undeserved want.

The State is directed by this article to ensure to the people within the limits of its economic
capacity and development: (1) employment (2) education and (3) public assistance in cases of
unemployment, old age, sickness and disablement and in other cases of undeserved want. It is
usual to refer to matters specified in this directive as measure of social security. It has been
held that Article 41 has no bearing on the interpretation of Article 16 as it is manifest the term
public assistance in Article 41 has reference to economic assistance or relief to people who
are unemployed or old, or sick or disabled, or in other similar cases of undeserved want.
Article 41 places no liability on the State to pay compensation to workers whose continuous
employment has suffered as a result of action on the part of the government such as short
supply of electricity. The duty to take effective steps to educate the people within limits of its
available economic resources ,includes political education as well. The expression within the
limits of its economic capacity and development" has also been relied upon to uphold a
medical reimbursement policy for treatment falling primarily under Article 47 read with
Article 21.

The duty to take effective steps to provide education has acquired special significance in view
of the recognition of a fundamental right to education partly in terms of this Article. Now a
citizen has a right to call upon the State to provide educational facilities to him within the
limits of its economic capacity and development. It has been held that service rules of the
Railway Establishment Code are to be interpreted in accordance with the letter and spirit of
the Directive Principles of State Policy. The directive to the State to make effective
provisions for securing the right to work is also qualified by its economic capacity and
development. Therefore, persons employed under any scheme such as Jawaharlal Nehru
Rozgar Yojna cannot claim regularisation of their employment when that scheme comes to an
end or the money for it is exhausted.43

43 shukla
ARTICLE 42: JUST AND HUMANE CONDITIONS OF WORK
42. Provision for just and humane conditions of work and maternity relief.The State shall
make provision for securing just and humane conditions of work and for maternity relief.

This Article exhibits the concern of the framers if the Constitution for the welfare of the
workers. The Court may not enforce the Directive Principles as such. But, they must interpret
laws as to further and not hinder the goals set out in the Directive Principles. It has been held
in P. Shivaswamy v. State of Andhra Pradesh44, that Rs. 738/- paid per family as financial
assistance to the repatriated bonded labourers, set free from bonds, were inadequate and not
in conformity with Article 42 which required the State to make provisions for just and human
conditions of work.

In M.C. of Delhi v. Female Workers (Muster Roll)45, the Maternity Relief has been extended
to women (muster roll) employees, working on daily wages.

However, enforcement of discipline and obedience to the authority in the work place has been
held as violation of article 42. 46

Laws such as the Industrial Disputes act, the Minimum Wages Act, the Maternity Relief Act,
the Workmen Compensation Act, the Employees Insurance Act implement this provision.47

ARTICLE 43: LIVING WAGES FOR WORKERS

43. Living wage, etc., for workers.The State shall endeavour to secure, by suitable
legislation or economic organisation or in any other way, to all workers, agricultural,
industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard
of life and 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-operative
basis in rural areas.

44 AIR 1988 SC 1863

45 AIR 2000 SC 1274

46 supra 1, p. 465

47 Supra 2, p. 346
This article requires the State to strive to secure to the worker work, a living wage, conditions
of work ensuring a decent standard of life and full enjoyment of leisure and social and
cultural opportunities. The last portion of the article lays emphasis on the promotion of
cottage industries on an 'individual or co-operative basis in rural areas. Article 43 read with
Article 38 requires the State to provide work but not necessarily a job in State civil service or
a security against the termination of such service for good cause.

In Bijay Cotton Mills Ltd. v. State of Ajmer48, it has been held that the fixation of minimum
wages of labourers by the legislature is in the interest of the general public and is, therefore,
not violative of the freedom of trade secured to the citizen under Article 19(1)(g). It was
further emphasized that if labourers are to be secured in the enjoyment of minimum wages
and they are to be protected against exploitation by their employers, it is absolutely necessary
that restraints should be imposed upon their freedom of contract, and such restrictions cannot
in any sense be said to be unreasonable. On the other hand, employers cannot be heard to
complain if they are compelled to pay minimum wages to their labourers, even though the
labourers on account of their poverty and helplessness are willing to work on less wages.

The concept of living wage has been discussed by the Supreme Court in Standard Vacuum
Refining Co. Of India v. Workmen49, and Express Newspapers (P) Ltd. v. Union of India50.
The idea is that every workman shall have a wage which will maintain him in the highest
state of industrial efficiency, which will enable him to provide his family with all the material
things which are needed for their health and physical well-being, enough to enable him to
quality to discharge his duties as a citizen. The amount of living wage in money terms will
vary as between trade and trade. It is in this broad and idealistic sense that Article 43 of the
Constitution refers to living wage when it enunciates the directive principle that the State
shall endeavour, inter alia, to secure by suitable legislation or economic organisation or in any
other way, to all workers, agricultural, industrial or otherwise, work, a living wage and
conditions of work ensuring a decent standard of life and full enjoyment of leisure and social
and cultural opportunities. 51

48 AIR 1955 SC 33

49 AIR 1960 SC 948

50 AIR 1958 SC 578

The living wage is to be distinguished from minimum and fair wage. While living wage
is such a wage as enables the male earner to provide for himself and his family not merely the
bare necessities but a measure of frugal comforts, minimum wage , on the other hand, is just
sufficient to cover the bare needs of a workman and his family. Minimum wages is to be
fixed in an industry irrespective of its capacity to pay. A fair wage is a mean between living
wage and minimum wage. It has been held that though our constitutional aim, as laid down
in Article 43, is living wage for workers, in actual practice, our general wage structure has at
best reached to the lower level of fair wage.52

ARTICLE 43-A:PARTICIPATION OF WORKERS IN

MANAGEMENT OF INDUSTRY
43A. Participation of workers in management of industries.The State shall take steps, by
suitable legislation or in any other way, to secure the participation of workers in the
management of undertakings, establishments or other organisations engaged in any industry.

Article 43-A was inserted by the Constitution (42nd Amendment) Act, 1976. The workers
participation may mean sharing in decision making and in policy making with the
management, of it may be described as transfer of decision making right in the enterprise or
undertaking . In Mumabi Kamgar Sabha v. Abdul Bhai 53, the Supreme Court held that it
was an accepted doctrine that labour was the backbone of the nation, particularly in the area
of economic self reliance . In Hindustan Tin Works v.Its Employees54, it was observed that
since Article 43 A had made labour a partner in Industry, Industry being regarded as a
common venture of Capital and Labour , it would follow that if a sacrifice became necessary
in the interest of an industry or an undertaking , such a sacrifice would be equitably shared
by both. In National Textile Workers Union v. P.R.Ramakrishnan 55, the Supreme Court ,

51 Supra 2, p. 354

52 Supra 1, p. 461

53 AIR 1976 SC 1455

54 AIR 1979 SC 75

55 AIR 1983 SC 75
drawing support from Article 43 A upheld the right of the workers to be heard in the winding
up proceedings of a company. In Navnit R.Kamani v. R.R.Kamani56 the Supreme Court went
a step further and preferred the scheme for running a sick unit by Kamani Employees Union
to the one presented by the management .

ARTICLE 44: UNIFORM CIVIL CODE

44. Uniform civil code for the citizens.The State shall endeavour to secure for the citizens a
uniform civil code throughout the territory of India.

Article 44 directs, in order to cut across religion, caste and tribes and to build up a
homogenous nation that the State shall endeavour to secure for the citizen a uniform civil
code throughout the territory of India. The desirability of the Uniform Civil Code can hardly
be doubted. But, it can concretize only if social climate is properly built and the masses
awakened to accept the change.57

In a historic judgment in Sarla Mudgal v. Union of India58, 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, accordingly 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 Hindu law, after conversion to
Islam, without dissolving the first marriage, can solemnise a second marriage. The Court has
held that such a marriage will he illegal and the husband can be prosecuted for bigamy under
Section 494 of the Indian Penal Code.

56 AIR 1989 SC 9

57 narender

58 AIR 1995 SC 1531

The Court held that a Hindu marriage continues to exist even after one of the spouse
converted to Islam. There is no automatic dissolution of Hindu marriage. It can only he
dissolved by a decree of divorce on any of the grounds mentioned in Section 13 of the Hindu
Marriage Act. Accordingly, the Court held that the second marriage of Hindu after his
conversion to Islam was void in terms of Section 494 IPC and the husband was liable to be
prosecuted for bigamy. As regards the question of Uniform Civil Code the division Bench
(Kuldip Singh And R. M. Sahai, JJ.), in them separate but concurrent judgements said that
that since 1950 a number of Governments have come and gone but they have failed to make
any efforts towards implementing the constitutional mandate under Art. 44 of the
Constitution. Consequently the problem today is that many Hindus have changed their
religion and have converted to Islam only for the purpose of escaping the consequence of
bigamy. This is so because Muslim Law permits more than one wife and to the extent of four.
Kuldip Singh, J., said that Art. 44 is based on the concept that there is no necessary
connection between religion and personal law in a civilised society. Marriage, succession and
like matters are of a secular nature and therefore, they can be regulated by law. No religion
permits deliberate distortions, the judges declared. Much apprehension prevails about bigamy
in Islam itself. In many Islamic countries as in Syria, Tunisia Morocco. Pakistan, Iran and
other Islamic countries have codified their personal law to check its abuse.59

He pointed out that even in America it has been judicially acclaimed that the practise of
polygamy is injurious to "public morals" even though some religion may make it obligatory
or desirable for its followers. It can be regulated by the State just it can prohibit human
sacrifice or the practice of Sati in the interest of public order.

This judgment of the court has aroused the hope that one of the greatest evil of Indian Society
will be removed. But unfortunately the Court, while hearing an appeal filed by one of the
accused in the above case, clarified that its direction was only an obiter dicta and not legally
binding on the Government. This clarification was given by Mr Kuldip Singh who had
directed the Government to take immediate steps for implementing the mandate of Art. 44 of
the Constitution. Even before the clarification of the court the Prime Minister had told to the
Muslim Ulemas of Rampur, U.P that his Government would not implement the constitutional
mandate under Art. 44 of the Constitution.60
59 pandey

60 pandey
Later, in John Vallamattom v. Union of India61, the learned Chief Justice of India regretted
that Article 44 had not been given effect to. Holding that a common civil code would help the
cause of national integration, the learned Chief Justice observed:

....there is no necessary connection between religious and personal law in a civilised society...
the aforesaid two provisions, viz., Articles 25 and 44 show that the former guarantees
religious freedom, whereas the latter divests religion from social relations and personal law.

The learned Chief Justice explained that marriage, succession and the like matters of a
secular character could not be brought within the guarantee enshrined under Article 25 and 26
of the Constitution.62

ARTICLE 45: FREE AND COMPULSORY EDUCATION FOR

CHILDREN
45. Provision for early childhood care and education to children below the age of six years.
The State shall endeavour to provide early childhood care and education for all children
until they complete the age of six years.

The Directive contained in Article 45 had been held by the Apex Court in Unni Krishnan v.
State of A.P63., to be a fundamental right forming part of the Right to Life secured by Article
21. It implies that the direction under Article 45, is not confined merely to primary education.
It extends to the duty to provide free education until the children attain the age of 14 years,
whatever the stage of education, it may come to be.

Muhiram Saikia Committee was set up to examine the feasibility of the proposal in reference
to Unni Krishnan case. The Committee estimated an expenditure of Rupees forty thousand
crores over a period of five years to set up the necessary infrastructure and provide books and
stationery for the purpose. So, there is Big 'IF' on the actual implementation of the policy
decision.

61 AIR 2003 SC 2902

62 NARENDEr

63 AIR 1993 SC 2178

The Principles enshrined in Articles 41 and 45 are not only necessary, but also desirable, for
the performance of the State's ultimate duty and responsibility, to provide education to all its
citizens, for an intelligent understanding of social and political problems by every citizen in a
democracy. Therefore, Articles 29 and 30 which secure Cultural and Educational Rights to
minorities, the Court held, were to be read in the backdrop of Articles 41 and 45.

The observations made by the Court in Unni Krishnan v. State of A. P, 64 as to the provision
for free and compulsory education, have been acknowledged and incorporated by the
Constitution (86th Amendment) Act, 2002, inserting a new Article 21,A, declaring free and
compulsory education for all children of the age of six to fourteen years as an independent
Fundamental Rights. 65The Directive contained in Article 45, being replaced by the
Fundamental Rights guaranteed under Article 21-A is therefore omitted and is submitted by
the following new directive:

45. Compulsory Early Childhood Care & Education for Children: The State shall
endeavour to provide early childhood care and education for all children until the complete
the age of six years.

ARTICLE 46: PROMOTION OF EDUCATIONAL AND

ECONOMIC INTEREST OF WEAKER SECTIONS
46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes
and other weaker sections.The State shall promote with special care the educational and
economic interests of the weaker sections of the people, and, in particular, of the Scheduled
Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of
exploitation.

In State of Madras v. Champakam Dorairajan66, the Supreme Court refused to let the
fundamental right declared in Article 29(2) to be whittled down by this article. In that case,
although the object of the impugned -communal order- of the Madras Government was to
advance the interest of educationally backward classes of citizens. the Supreme Court held
64 Ibid

65 narender

66 AIR 1951 SC 226

the order void for violating the fundamental right under Article 29(2). The argument that the
object of the communal order was the promotion of the cause of backward classes in
furtherance of the directive contained in Article 46 and therefore, could not he violative of
Article 29(2), was rejected b) the Court, which established the supremacy of the fundamental
rights over the Directive Principles of State Policy.

This situation, as we have already noted, was changed by the Constitution (First Amendment)
Act, 1951 which introduced clause (4) in Article 15. But in spite of this amendment, in M.R.
Balaji v. State of Mysore,67 the Supreme Court emphasised the need for balancing the
interests of the sections of the people covered by Article 46 and the rest of the society. It is in
view of the greater importance attached to the directive principles by Forty-second
Amendment and its recognition in the Fundamental Rights case that the Supreme Court has
conceded a liberal implementation of Article 46 vis-a-vis Articles 15 and 16, particularly in
respect of special provisions for the Scheduled Castes and the Scheduled Tribes.

The Constitution does not define the weaker sections of the people. Attempts so define that
expression were given up in the Constituent Assembly as well as in subsequent deliberations
and forums. In the context of Section 21 of the Urban Land (Ceiling and Regulation) Act,
1976 which uses the expression 'the weaker sections of the society' the Supreme Court,
without being exhaustive, held that a 'means test' could be adopted for the purpose of
identifying such sections and in the contemporary economic condition persons drawing an
income upto Rs 18000 per annum could be considered weaker sections of the society for the
purpose of housing schemes in urban Maharashtra. In Indira Sawhney v. Union of India68
(the Mandal Commission case), the Court has observed that the expression, weaker sections
of the people is wider than the expression 'backward class of citizens' or SEBCs or SCs and
STs. It connotes all sections of the society who are rendered weak due to various causes
including poverty and natural and physical handicaps. The Court has also read the right of
development in this article read with Articles 21, 38 and 39.69

67 AIR 1963 SC 649.

68 AIR 1993 SC 477

69 Supra 2, p. 364
ARTICLE 47: DUTY TO RAISE THE LEVEL OF NUTRITION
AND THE STANDARD OF LIVING
47. Duty of the State to raise the level of nutrition and the standard of living and to improve
public health.The State shall regard the raising of the level of nutrition and the standard of
living of its people and the improvement of public health as among its primary duties and, in
particular, the State shall endeavour to bring about prohibition of the consumption except for
medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

Tile Apex Court in State of Kerala v. Surendra Das70, emphasized that as to prohibition ,
the Government must behave in conformity with the mandate of Article 47. The Court said
that if the Government, was really serious about reducing the consumption of liquor, it should
take step to reduce its own shops and depots. The words 'medicinal purposes' in Article -47
seem to contemplate the use of the liquor for making medicinal preparations and not the free
use of intoxicating drinks as a medicine. The State Government does have the power to
regulate the possession or consumption of medicinal preparations containing a high
percentage of alcohol. The essence of Article 47 is the raising the level of nutrition, the
standard of living and the improvement of public health. The State is required to promote the
Directive Principles and not to go against them . In State of Bombay v. F.N. Balsara71, the
directive that the State shall endeavour to bring about prohibition of the consumption of
intoxicating drinks and drugs was taken into consideration in support of the Court s decision
that the restrictions imposed by the Bombay Prohibition Act in respect of possession, sale,
use or consumption of liquor were not unreasonable restrictions on the exercise of the right
guaranteed under Article 19(1). It may be noted that this article only deals with the matter of
prohibition and says that while prohibition is being enforced, it will not cover the matter of
consumption of intoxicating drinks or drugs for medicinal purposes. But this does not mean
that if intoxicating drinks or drugs are found to be misused on a large scale for the purposes
of intoxication and not for medicinal purposes, a prohibition of such use will not amount to
disobedience of the directive. In pursuance of this provision the Court directed the Food
Corporation of India to ensure that food grains suitable for human consumption be duly
upgraded by it and should be released for such consumption after testing their suitability.

70 AIR 2014 SC 2762

71 AIR 1951 SC 318

Reading this article along with Article 21 the Court upheld a reimbursement policy which did
not provide for reimbursement of actual expenses incurred in one's treatment. The policy was
justified on the ground of economic capacity provided in Article 41.

ARTICLE 48: ORGANISATION OF AGRICULTURE AND

ANIMAL HUSBANDRY
48. Organisation of agriculture and animal husbandry.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. 48A. Protection and improvement of
environment and safeguarding of forests and wild life.The State shall endeavour to protect
and improve the environment and to safeguard the forests and wild life of the country.

Article 48.makes it obligatory on the state to endeavour to organise agriculture and animal
husbandry on modern and scientific lines and in particular to take steps for preserving and
improving the breeds and prohibiting slaughter of cows and calves and other milch and
draught cattle.

Supreme Court has emphasised in Quareshi v. State of Bihar 72, that in article 48 the
directive for taking steps for preventing slaughter of certain specified categories of animals is
quite explicit and positive. It is an aspect of organising animal husbandry on modern and
scientific lines. The Court had opined that the directive in Article 48 contemplates protection
only of cows and calves, and other animals which are presently or potentially capable of
yielding milk or doing work as draught cattle but not of cattle which, though once milch or
draught, cease to be so in course of time. Article 48 does not contemplate ban of slaughter of
all types of cattle or bulls or bullocks. The state is to prohibit the slaughter of milch and
draught cattle only. Thus ban on slaughter of bulls or bullocks above the age of 16 years did
not fall within Article 48. Bulls and bullocks above the age of utility do not fall within the
purview of Article 48.

This Article relates to cows and calves and other milch and draught cattle. Earlier this view
was that a total ban on the slaughter of cows of all ages and calves of cows and calves of she
buffaloes, male and female, is quite responsible and valid and is in consonance with this

72 AIR 1958 SC 731

Directive Principle. In case of all other animals ban on their slaughter can be imposed as long
as they are not useful as milch and draught cattle. Beyond this, the ban cannot be regarded as
reasonable.

Overruling the earlier view, the Supreme Court in State of Gujarat v. Mirzapur Moti Kureshi
Kassab Jamat73, upheld a total ban on the slaughter of the progeny of the cow. The words
calves and other milch and draught cattle were construed as a matter of description of a
species and not with regard to age or function and only so as to distinguish such cattle from
other cattle. However this does not mean that laws and policies which permit such slaughter
are unconstitutional. Therefore, the position remains that the Directive Principles and
fundamental duties cannot in themselves serve to invalidate a legislation or policy.

Article 48 has accorded recognition in somewhat guarded and hesitant form to the Hindu
sentiment regarding cows. Under Article 48,a total ban on cow slaughter is possible and this
position has been accepted by the Supreme Court in Quareshi. While the test of usefulness
has to be applied in extended protection to other animal, it is not to be applied to cows. This
is criticised by many as anti- secular and uneconomic. 74

ARTICLE 48A PROTECTION AND IMPROVEMENT OF

ENVIRONMENT AND WILDLIFE
48A. Protection and improvement of environment and safeguarding of forests and wild life
The State shall endeavour to protect and improve the environment and to safeguard the
forests and wild life of the country
Article 48A was added by the Constitution (42nd Amendment) Act, 1976.Article 48A and
Article 51A (g) respectively enjoin on the State and the citizens, the duty not only to protect
but also to improve the environment and to preserve and safeguard the forests, flora and
fauna. These Articles have to be considered in the light of Article 21 which secures right to
life and personal liberty.

The Environment(Protection) Act, 1986 and the Wild Life (Protection) Act, 1972, as amended
by the Act of 1986 are among the steps taken to give effect to the mandate contained in

73 (2005 (8) SCC 534

74 Jain, M. P., Indian Constitutional Law, 1987 p. 1406

Article 48 A. To enable effective steps being taken for the purpose, by both the Central and
State Government Wild Life and forests have now been placed in the Concurrent List of
the Seventh Schedule by the Constitution( 42nd Amendment) Act, 1976.75

The Supreme Court has clarified that whenever a .problem of ecology is brought before the
Court, it is bound to keep in mind Arts. 48-A and 51A (g) and cannot leave the matter entirely
to the government. "The least that the Court may do is to examine whether appropriate
considerations are borne in mind and irrelevance excluded. In appropriate cases, the Court
may go further.

In Mehta the Court has said : Articles 39 (e) ,47 and 48A by themselves and collectively cast
a duty on the state to secure the health of the people improve public health and protect and
improve the environment. Notwithstanding adequate laws being in place, the Administration
did not show much concern about environmental pollution. Accordingly, the Supreme Court
has had to take an active interest in this area. To protect environment and ecology the court
can take affirmative action by mandating the State to take action for that purpose.

Reading Arts 21, 47. 48A and 51A(g) to together, the Supreme Court has taken an active
interest in the protection of the environment. Many questions pertaining to environment and
ecology have been brought before the Court by way Public Interest Litigation. The Courts
seek to draw a balance bet woo' preservation of the environment and sustainable development
of the economy. 76

Expressing their concern for the reservation of the fragile ecology of the forest area and the
protection of the tiger reserve as well As the right of the tribals to keep body and soul
together , the Supreme court in Animal And Environment Legal Defence Fund V. Union
Of India77 issued directions to the government of Madhya Pradesh for properly
implementing the license condition and for monitoring the fishing activity of all the permit
holders within the Pench National Park area in the state . Referring to the case of Pradeep
Krishan v. Union of India78 wherein the court had pointed out that the total forest cover in

75 narender

76 Mp jain

77 AIR 1997 SC 1071

the country was far less than the ideal minimum of 1/3rd of total land, the Supreme Court
observed that they could not afford any further shrinkage in the forest cover in our country.

PROTECTION OF NATURAL RESOUCRES DOCTRINE

PUBLIC TRUST( ARTICLE 48-A AND 51-A (G) )
The court have time and again invoked the public trust doctrine for giving judicial
protection to environment, ecology and natural resources. These resources have been held
by the Government as trustee of the people . Doctrine of public trusts as developed during
Roman Empire if founded on the premise that certain properties such as , air, sea, water
and forests , are of immense importance to the people in general public and it would be
wholly unjustified to make them a subject of private ownership.

Recently in Association For Environment Protection V. State Of Kerala79 the Apex

reiterated that natural resources including forests, water bodies, river, sea-shore etc. were
held by the State as a trustee on behalf of the people and especially the future generations. In
the instant case, the appellant, a registered body engaged in the protection of environment in
the state of Kerala, by way of writ petition, prayed for restraining the District Tourism
Promotion Council, Ernakulam to constrict a constraint on reclaimed land of river Periyar,
affecting flow of water and polluting the river. Allowing the prayer, the Apex Court directed
the demolisition of structure already raised.

The Apex Court brought to the notice that people have, for long, treated it as their social duty
to respect the nature, natural resources and protect environment and ecology. Article 48A
inserted in Part IV, enjoins the State to protect and improve the environment and to safeguard
the forest and wild life of the country. The responsibility so burdened on the State, is to be
read with fundamental duty imposed on the citizens under Article 51A (g) to protect and
improve environment including forest, lakes, rivers and wildlife and to have compassion for
living creatures, the Court emphasized.80

78 AIR 1996 SC 2040

79 (2013) 7 SCC 226

80 Supra 1, p. 485
 ARTICLE 49 PROTECTION OF MONUMENTS
49. Protection of monuments and places and objects of national importance.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
spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.

Article 49 directs 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.
Parliament can make such a law under entry 67, list 1 .

Having regard to article 49 and clause (g) of Article 51 A of the constitution of India, the
Supreme Court in public interest litigation, prevented the Taj Mahal Heritage Corridor
Project one of the main purposes of which was to divert the river Yamuna and to reclaim
75 acres of land between Agra Fort and the Taj Mahal , from using the reclaimed land for
constructing of plazas, shops and amusement activities.81

ARTICLE 50: SEPARATION OF JUDICIARY FROM

EXECUTIVE
50. Separation of judiciary from executive.The State shall take steps to separate the
judiciary from the executive in the public services of the State.

The Constitution has not indeed recognised the doctrine of separation of powers in its rigidity
but the functions of the different parts of the branches have been sufficiently differentiated
and consequently it can very well be said that our Constitution does not contemplate
assumption by one organ or part of the State or functions that essentially belonged to another.
Broadly stated, Article 50 provides that there shall be a separate judicial service free from
executive control.

It has been invoked to ensure the independence of judiciary even at the highest level of the
Supreme Court. In justifying the primacy of the Chief Justice of India in the appointment of
the Supreme Court and High Court Judges and in the transfer of latter, the Court has relied on
this Article. Seervai takes the view that this Article is inapplicable to high judiciary in so far

81 Supra 74, p. 486

as it speaks of the separation of judiciary from the executive in the, public services of the
State. According to him officers of the judges of the Supreme Court and the High Courts are
public officers and not services. Seervai view in this regard is not clinching because judiciary
at all levels is treated as public service even in England from where we withdraw most of our
legal expressions. 82

The Apex Court in Union of India v. M. S. Mohammad Rawther,83 has ruled that
Montesquieu theory of separation of powers, broadly applied in India. The Courts, therefore,
cannot encroached into the executive or legislative domain. Stating that, the doctrine of
separation of powers is an inseparable part of the evolution of parliamentary democracy
itself , a five Judge Constitution Bench headed by Honble Chief Justice K. G. Balakrishnan
ruled that all the three principle organs were expected to work in harmony and consonance
with the spirit and essence of the Constitution. It follows that legislature has no power to
declare final judgement of the court a nullity, it can; however, validate law by removing
defects pointed out by the courts. 84

ARTICLE 51 PROMOTION OF INTERNATIONAL PEACE

AND SECURITY.
51. Promotion of international peace and security.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.

Article 51 obligates on the State to foster respect for International Law and treaty obligations.
But, International Law has no supremacy over Municipal Law under the Indian Constitution.

82 Supra 2, p. 354

83 AIR 2007 SC 3014

84 Supra 1, p. 478
However, in the absence of contrary legislation, the Municipal Courts in India would respect
rules of International law. Also, in interpreting a Statute, the Indian Courts would so construe
it, if possible, as will not violate any established principle of International Law. It is well
settled that a Statute should be interpreted in the light of the International Treaties and
Conventions. Holding that the Fundamental Rights under the Constitution were almost in
consonance with the Rights contained in the Universal Declaration of Human Rights (UDHR)
as also the Declaration and Covenants of Civil, Political Rights and the Covenants of E.S. &
C. Rights, to which India is a party, having ratified them, the Apex Court, in Chairman Rly.
Board v. Chandrima Das85, observed :

The International Covenants and Declarations as adopted by the United Nations have
to be respected by all signatory States and the meaning given to the above words in those
Declarations and Covenants have to be such as would help in effective implementation of
these rights. The applicability of the U.D.H.R. and the principles thereof may have to be read,
if need be, into the domestic jurisprudence.86

THE PROTECTION OF HUMAN RIGHTS ACT, 1993

Pursuant to the direction enshrined in Article 51of the Constitution and International
Commitments, Parliament has passed the Protection of Human Rights Act, 1993. The Act
provides for the setting of a National Human Right Commission and Human Rights Courts to
meet the growing concern for human rights in the country and abroad. Similar Commission
may be set up in the State also. It would not be mandatory for the State Governments to
constitute State Human Rights Commission. The National Human Rights Commission has
started functioning since September,1993 when the Ordinance was promulgated by the
President. The provisions of the Act will be applicable to the Armed Forces and the States Of
Jammu and Kashmir. However the action taken against the personnel of the Armed Forces
for violations of human rights will not be made public as it will affect their morale in dealing
with anti-social elements. The legislation would, the Home Minister said in the Parliament,
thwart the designs of some countries that sought malign India in the United Nations and other
international forums.

85 AIR 2000 SC 988

86 supra 1, p. 435
The Human Rights Commissions will have powers to go into instances of negligence on the
part of public service personnel in preventing violations. The Commission will, if necessary,
publish interim reports. Annual reports along with the action taken by the Government which
will be presented in the Parliament.87

IMPLEMENTATION OF DIRECTIVES

There is no need of any constitutional amendment and simple legislation by the Parliament is
adequate to implement the Directive Principles as applicable laws per Article 245 as they are
already enshrined in the constitution. The State has made few efforts till now to implement
the Directive Principles.

The Programme of Universalisation of Elementary Education and the five-year plans has
been accorded the highest priority in order to provide free education to all children up to the
age of 14 years. The 86th constitutional amendment of 2002 inserted a new article, Article
21-A, into the Constitution, that seeks to provide free and compulsory education to all
children aged 6 to 14 years. Welfare schemes for the weaker sections are being implemented
both by the Central and State governments. These include programmes such as boys' and
girls' hostels for scheduled castes or scheduled tribes' students. The year 1990-1991 was
declared as the "Year of Social Justice" in the memory of B.R. Ambedkar. The government
provides free textbooks to students belonging to scheduled castes or scheduled tribes
pursuing medicine and engineering courses. During 2002-2003, a sum of Rs. 47.7 million
was released for this purpose.

Several Land Reform Acts were enacted to provide ownership rights to poor farmers. Up to
September 2001, more than 20,000,000 acres (80,000 km) of land had been distributed to
scheduled castes, scheduled tribes and the landless poor. The thrust of banking policy in India
has been to improve banking facilities in the rural areas. The Minimum Wages Act of 1948
empowers government to fix minimum wages for employees engaged in various
employments. The Consumer Protection Act of 1986 provides for the better protection of
consumers. The act is intended to provide simple, speedy and inexpensive redressal to the
consumers' grievances, award relief and compensation wherever appropriate to the

87 Supra 9, p. 350
consumer.The Equal Remuneration Act of 1976, provides for equal pay for equal work for
both men and women. The Sampoorna Grameen Rozgar Yojana was launched in 2001 to
attain the objective of gainful employment for the rural poor. The programme was
implemented through the Panchayati Raj institutions.

India's Foreign Policy has also to some degree been influenced by the DPSPs. India, in the
past has condemned all acts of aggression and has also supported the United Nations peace-
keeping activities. By 2004, the Indian Army had participated in 37 UN peace-keeping
operations. India played a key role in the passing of a UN resolution in 2003, which
envisaged better co-operation between the Security Council and the troop-contributing
countries. India has also been in favour of nuclear disarmament.

Per Article 37, state and union governments, as duty, shall make further detailed policies and
laws for implementation considering DPSPs as fundamental policy. In contrary to Article 37,
many policies have been implemented by state and union governments which go against the
DPSPs such as using intoxicating drinks as source of major tax revenue instead of
implementing prohibition for better health of people, separation of judiciary from executive,
uniform civil code for the citizen, etc. When the union government feels that a DPSP is no
longer useful to the nation, it shall be deleted from Constitution by bringing a constitutional
amendment to remove ambiguity in policy making / direction. Judiciary can repeal any
policy/law devised by the government which is diametrically opposite to any DPSP.88

CONCLUSION
The Directive Principles of State Policy (DPSP) are the guidelines or principles given to the
federal institutes governing the state of India, to be kept in citation while framing laws and
policies. These provisions, contained in Part IV (Article 36-51) of the Constitution of India,
are not enforceable by any court, but the principles laid down therein are considered
irrefutable in the governance of the country, making it the duty of the State[1] to apply these
principles in making laws to establish a just society in the country. The principles have been
inspired by the Directive Principles given in the Constitution of Ireland relate to social
justice, economic welfare, foreign policy, and legal and administrative matters

88 https://en.wikipedia.org/wiki/Directive_Principles
 PART IVA FUNDAMENTAL DUTIES

51A. Fundamental duties.

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 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;

(h) to develop the 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 of individual and collective activity so that the
nation constantly rises to higher levels of endeavour and achievement;

(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.

INTRODUCTION:
These duties have been added to implement the recommendation of the Swaran Singh
Committee reported in 1976. None of the Constitution of Western countries specifically
provides the duties of the citizens. On the other hand, the Constitution of socialist countries
lay great emphasis on the duties. These duties are intended to create psychological
consciousness among the citizens and are of merely educational value. The Swaran Singh
Committee had suggested that Parliament should have power to pass laws under with
penalties and punishment could be imposed for non- compliance with or refusal to observe
the duties. But the suggestion was rejected.

UTILITY AND SIGNIFICANCE:

This part was added to the Constitution of India with the recommendations of the Swaran
Singh Committee. This part was added in accordance with the recommendations of the
Swaran Singh Committee. It is meant to bring our Constitution in line with the Universal
Declaration of Human Rights and the Constitutions of Japan, China, and USSR.

In one respect, the legal utility of the Fundamental Duties is similar to that of the Directives
as they stood in the Constitution of 1949; while the Directives were addressed to the State,
without any sanction, so are the Duties addressed to the citizen, without any legal sanction for
their violation.

The citizen, it is expected, should be his own monitor while exercising and enforcing his
fundamental rights, remembering that he owes the duties specified in Art. 51A to the State
and that if he does not care for the duties he should not deserve the rights.

For instance, a person who burns the Constitution, in violation of the duty in Art. 51 A,
cannot assert that the meeting or assembly at which it was burnt by way of demonstration
against the Government should be protected by the freedom of expression or assembly
guaranteed by Art. 19.

Of course, the duty as such is not legally enforceable in the Courts; but if the State makes a
law to prohibit any act or conduct in violation of any of the duties, the courts would uphold
that as a reasonable restriction on the relevant fundamental right.
The Fundamental Duties inscribed in the Constitution are a mixed bag of expectations and
exhortations. Quite a good number of these items are those which are enforceable today even
without their being specifically incorporated in the Constitution.

In this category fall the items to abide by the Constitution, respect the National Flag and the
National Anthem, to defend the country and render national service when called upon to do
so and safeguard public property.

To uphold and protect the sovereignty, unity and integrity of India draws sustenance from the
same moral source from which the Constitutions Sixteenth or anti-secessionist amendment
itself stems.

The three most important items in the list of Fundamental Duties are those requiring the
citizens to respect the ideals of the Constitution and the institutions it establishes, to promote
harmony and the spirit of common brotherhood amongst all the people of India professing
different religions, speaking different languages, practising different customs and inhabiting
different parts of the country, and to safeguard the public property and to abjure violence.
These are clearly intended to meet certain specific political threats that democracy in India
has to contend with.

The Indian Charter of Fundamental Duties is unique to include the duty to develop the
scientific temper, humanism and the spirit of inquiry and reform. It has been incorporated to
eradicate superstitions in which India is deeply soaked and to remove the ban of religious
fanaticism, regional chauvinism and linguistic frenzy which have ever plagued India and
retarded her unification into a cohesive society.

The duty to renounce practices derogatory to the dignity of women and to preserve the rich
heritage of Indias composite culture is two other moral codes to ennoble the society. These
are, in fact, homilies to be taught in schools and colleges, rather than to be incorporated in the
Constitution as Fundamental Duties.89

89 http://www.yourarticlelibrary.com/fundamental-duties/fundamental-duties-of-
the-citizens-of-india/24888/
 SOURCES OF FUNDAMENTAL DUTY
It is significant to note that none of the constitutions of Western Countries specifically
provide the duties and obligations of citizens. Among the democratic constitutions of the
world we find mention of certain duties of the citizens in Japanese Constitution. In Britain,
Canada and Australia the rights and duties of citizens are certainly governed largely by
common law and judicial decisions. The French Constitution makes only a passing reference
to duties of citizens.

The Constitution of socialist countries , however, lay great emphasis on the citizens duties .
Article 32 of the Yugoslavian Constitution lays down the freedom and rights shall be
achieved in solidarity among people by the fulfilment of their duties towards each other.
But among rhw socialist countries , the Soviet Constitution contains a comprehensive
chapter on the citizens duties. Chapter7 of the Soviet Constitution lays down the
fundamental rights and duties. Thus the Soviet Constitution imposes upon the people
definite duties towards society and the state . These duties can be summed up as follows:

Observance of the constitution and laws to maintain labour discipline, honest performance
of public duty, respect for the rules of socialist society, which govern the conduct of
citizens in relation to society and each other safeguarding of public socialist property,
universal military services and defence of the country.

ENFORCEMENT OF FUNDAMENTAL DUTIES

Article 51A merely declares the fundamental duties of the citizen of India. It does not say of
the enforcement of these duties. In Surya Narain v. Union of India90, the Rajasthan High
Court held that the duties under Article 51 A, were the duties of the individual citizens. They
cast no public duties and therefore, a mandamus could not be sought against an individual
who did not observe his duties under Article 51A. The Calcutta High Court in W. B. Head
Masters Association v. Union of India91, held that the performance of the duty was quite
personal to very citizens of India.

90 Air 1982 Raj 1

91 AIR 1983 SC 478

Since the duties are imposed on the citizens and not upon the State, it has been held that
legislation is necessary for their implementation. For example, the Prevention of Insult to
National Honours Act, 1971 punishes a citizen of India for committing insult of national
honours. In case of Bijoe Emmanuel v. State of Kerala92, the Supreme Court held that proper
respect was shown by the students to National Anthem by standing up in silence when he
National Anthem has been sung. Not joining in the singing, the Court held, did not amount to
committing disrespect to National Anthem.

Putting ban on the exhibition of the film Kabhi Khushi Kabhi Gham the Madhya Pradesh
High Court in S.N.Chouksey v. Union of India93 held that National Anthem,the symbol of
history, unity , pride and the glory of the country , could not be sung in the movie as if it was
song of advertisement for a commercial purpose. The Court, holding that incorporation of
National Anthem in the film was improper, issued appropriate directions against its
dramatization .

The Supreme Court in Shri Sachidanand Pandey v. State of W.B94. held that whenever a
problem of ecology was brought before the court, the court was bound to bear in mind the
article, 48-A and Article 51-A(g) . It has been said that the fundamental duties must be used
by the court as a tool to tab , even a taboo on State action drifting away from constitutional
values . In M.C. Mehta v. Union of India95 the petitioner by way of public interest litigation,
filed a writ petition for the prevention of the nuisance caused by the pollution of River
Ganga . Having regard to the grave consequence of the pollution of water and air and need
for protecting and improving the natural environment the supreme Court gave appropriate
directions. The duties may also be enforced by the courts while balancing and harmonizing
them with the fundamental rights . Reference was made to the duty contained in Article 51
A (d) in Devendra Nath Gupta v. State of Madhya Pradesh96. In this case , the teachers

92 AIR 1987 SC 478

93 Air 2003 mp 233

94 AIR 1987 SC 1109

95 AIR 1988 SC 1115

96 AIR 1983 M. P. 172

were required to perform duty with regard to educational Survey, family planning,
preparation of voters list etc.

FUNDAMENTAL DUTIES: AN AID TO INTERPRETATION

OF CONSTITUTIONAL PROVISION
In AIIMS Students Union v. AIIMS97, speaking about the importance of Fundamental duties
enshrined in Article 51A while striking down the institutional reservation of 33% in AIIMMS
couples with 50% reservation discipline wise as violative of Article 14 of the constitution,
the Supreme Court said that they are equally important like Fundamental Rights. Though
fundamental duties are not made enforceable like Fundamental Rights but it cannot overlook
as duties in Part IV A is prefixed by the same fundamental which was prefixed by the
founding fathers of the Constitution to right in Part III. Every citizen of India is
fundamentally obliged to develop the scientific temper and humanism. Though Article 51A
does not cast any fundamental duty on State. The facts remain that the duty of every citizen is
the collective duty of the State. Any reservation apart from being substantive on the
constitutional anvil must also be reasonable to be permissible. In assessing the reasonability
one of the factors to be taken into consideration would be whether the character and quantum
of reservation would stall or accelerate in achieving ultimate goal of excellence enabling
nation constantly rising to higher level. In the globalisation where nation as enabling whole
has to compete with other nations of the world as to survive, excellence cannot be given goby
and certainly not compromised in entirety.

Fundamental Duties though not enforceable by a writ of the Court, yet provide a valuable
guide and aid to interpretation of constitutional and legal issues. In case of doubt or choice of
peoples wish as manifested through Article 51 A can serve as guide not only for resolving the
issues but also for constructing or moulding the relief to be given by the Courts.

In Aruna Roy v. Union of India98, the validity of National Curriculum Framework for School
Education was challenged on the ground that it was violative of Article 28 of the Constitution
and anti- secular. It provides imparting of value development education relating to basics of
all religions. The Court held that the NCFSF does not mention of imparting religious

97 AIR 2001 SC 3262

98 (2002) 7 SCC 368

instructions as prohibited in Article 28. What is sought to be imparted is incorporated in
Article 51A(e) which provides to promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious, linguistic and regional or sectional
diversities; to renounce practices derogatory to the dignity of women. And to see that
universal values such as truth related conduct, peace, love and non violence be the
foundation of education. Accordingly the Court held that such education is neither violative
99
of Article 28 of the Constitution nor is against the concept of secularism.

BIBLIOGRAPHY

1. Pandey J.N. Dr. , Constitutional law of India, Central Law agency , Allahabad 42nd
edn.
2. Kumar Narender Dr. . Constitutional law of India , Allahabad law agency , 9th edn ,
2016.
3. Jain M.P. Prof. Indian Constitutional law ,Lexis Nexis Butterworth Wadhwa ,
Nagpur 6th edn , 2010.
4. Shukla V.N. Dr. , The constitution of India, Eastern book company 14th edn .
5. De D.J. , The Constitution of India , Asia law house , Hyderabad , 3rd edn.
6. Seervai H.M. , Constitutional Law of India , Vol. III , 2nd ed., 1979.
7. D.D. Basu , Indian Constitutional Law p.788 ( Kamal law house , Kolkata , 2nd edn.)

99 Supra 2, p. 435