Chapter 4

FUNDAMENTAL RIGHTS, FUNDAMENTAL

DUTIES AND DIRECTIVE PRINCIPLES
OF STATE POLICY

Fundamental Rights M. Venkatarangaiah to the Sapru

Committee and the Sapru Committee
Proposals provided for various
Introduction Fundamental Rights that the people of
free India should get.
M
‘ an partly is and wholly hopes to
be a god’. If proper environment
is made available to a man he can
The Fundamental Rights that are
provided in the Constitution can be
develop the godly qualities in him. divided into six categories that are as
Rights provide that environment. follows:
Rights have been described as those Right to Equality (Articles 14-18):
claims of an individual that are There are five Articles in the
necessary for the development of his Constitution relating to it. Article 14
ownself and recognized by society or provides for equality before law or equal
State. Some of the rights that are protection of law to all persons within
recognized by the State and enshrined the territory of India. Article 15 prohibits
in the Constitution are called ‘the State’ from discriminating between
Fundamental Rights. Fundamental citizens and citizens on grounds of
Rights are those rights of an individual religion, race, caste, sex or place of
that are enforceable through courts of birth. Article 16 provides for equality
law. of opportunity to all citizens in matters
During the national struggle our of public employment. Article 17
leaders indicated that in the provides for abolition of untouchability.
constitutional set up in free India Article 18 provides for abolition of titles.
people would be granted certain rights. These rights, however, do not
In fact, in the various schemes relating prohibit the ‘State’ from making special
to future constitutional set up, there provisions in the interest of women,
were references of particular rights that children, Scheduled Castes, Scheduled
the people of India should be granted. Tribes and socially and educationally
The Commonwealth of India Bill backward classes. Similarly, residential
(1925), the Nehru Committee Report qualifications may be prescribed for
(1928), the memorandum of the appointments in the services of the
National Trade Union Federation States.
submitted to the Joint Committee on The purpose of this category of
Indian Constitutional Reforms (1932- Fundamental Rights is to establish rule
33), the Memorandum submitted by of law in India; that is to say, all the
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INDIAN CONSTITUTION AND ADMINISTRATION
citizens should be treated equally before freedom to form associations or
law, no one should get any privilege or unions is also subject to reasonable
earn any disability on grounds of restrictions in the interest of the
religion race, caste, sex or place of birth sovereignty and integrity of India or
etc. It aims at abolition of feudal public order or morality.
inequalities prevalent in society. Freedom to move freely thro-ughout
Right to Freedom (Articles 19-22): the territory of India and the freedom
There are 4 Articles in this category to reside and settle in any part of the
of Fundamental Rights. Article 19 territory of India are, similarly, subject
provides for six freedoms:(i) freedom to reasonable restrictions in the interest
of speech and expression, (ii) freedom of general public or for the protection
to assemble peaceably and without of the interest of any Scheduled Tribe.
arms, (iii) freedom to form Asso- Freedom to practice any prof-ession,
ciations or Unions, (iv) freedom to to carry on any occupation, trade or
move freely throughout the territory business are also, similarly, subject to
of India, (v) freedom to reside and reasonable restrictions in the interest
settle in any part of the territory of of the general public. ‘The State’ is also
India and (vi) freedom to practise any permitted to lay down the professional
profession or to carry on any or technical qualifications necessary
occupation, trade or business. for practicing any profession or carrying
The purpose of this Article is to on any occupation, trade or business.
provide a proper atmosphere for the Now, if we look at the restrictions
proper functioning of democracy in imposed on these freedoms, we feel that
India. Reasonable restrictions, however, these restrictions are necessary.
can be imposed on these freedoms by Without these restrictions chaos may
‘the State’. prevail in society. There was, however,
Reasonable restrictions can be one fear that ‘the State’ may misuse its
imposed by ‘the State’ on the freedom powers. In order to remove this fear, the
of speech and expression in the interest Constitution provides that the
of the sovereignty and integrity of India, restrictions should be reasonable. The
the security of ‘the State’, friendly reasonableness is to be decided by the
relations with foreign states, public courts of law and not by the
order, decency or morality or in relation government.
to contempt of court, defamation or Article 20 provides for protection in
incitement to an offence. These respect of convictions for offences.
restrictions clearly exhibit that in the According to this Article no one can be
name of freedom of speech and convicted for an act that was not an
expression one cannot get a license. offence at the time of its commission,
Reasonable restrictions can be and no one can be given punishment
imposed on the freedom to assemble greater than what was provided in law
peaceably and without arms in the prevalent at the time of its commission.
interest of the sovereignty and integrity It also provides that no one can be
of India or public order. Similarly prosecuted and punished for the same
FUNDAMENTAL RIGHTS AND DUTIES, DIRECTIVE PRINCIPLES OF STATE POLICY 47

offence more than once and no one can impose compulsory service for any
be forced to give witness against his public purpose.
ownself. Article 24 prohibits employment of
Article 21 provides for the protection children, below the age of 14 years, in
of life and personal liberty. According factories or mines or in any other
to this Article no one can be deprived hazardous employment.
of his life or personal liberty except The purpose of this Right is to protect
according to the procedure established the people from exploitation. It is to be
by law. noted that the term ‘traffic in human
Article 22 provides for protection being’ means a trade in which men or
against arrest and detention in certain women are sold and purchased as
cases. According to this Article material goods.
whenever a person is arrested, he Right to Freedom of Religion
should be informed, as soon as may be, (Articles 25-28): There are four
of the grounds for his arrest and should Articles in this Right. Article 25 relates
be allowed to consult and to be to freedom of conscience and free
defended by, a legal practitioner of his profession, practice, and propagation
choice. It also provides that the arrested of religion. According this Article, every
person should be produced before the one is free to follow his own conscience
nearest magistrate within a period of 24 and follow and practice any religion of
hours of such an arrest excepting a his own choice. However, ‘the State’ has
person who has been arrested under a the power to regulate any economic,
preventive detention law. financial, political or other secular
A person arrested, under a preventive activity associated with religious
detention law is not, however, helpless. practice. ‘The State’ can also impose
His case has to be referred to an restrictions on this Right on grounds
Advisory Board, consisting of persons of public order, morality and health.
having qualifications fit for ‘The State’ is also empowered to provide
appointment as a Judge of a High for social welfare and can also throw
Court, within a period of three months open the Hindu religious institutions
of his arrest. He can be retained in of public character to all classes and
detention beyond three months only sections of Hindus.
when the Advisory Board approves it. It is clear from the above that ‘the
It is clear from the above that the State’ in India generally does not
constitution makers wanted to protect interfere in the religious affairs of
the people from the arbitrary rule of the any community. But it can interfere
executive. on grounds of public order,
Right Against Exploitation (Articles morality, health or any other secular
23-24): There are two Articles regarding requirement.
this Right. Article 23 protects the Article 26 provides for freedom to
people from forced labour. This Article manage religious affairs. According
prohibits traffic in human beings and to this Article every religious deno-
forced labour. However, ‘the State’ can mination is free to establish and manage
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INDIAN CONSTITUTION AND ADMINISTRATION
institutions for religious and charitable this Article any minority having a
purposes and acquire and manage distinct language, script or culture of
property for running such institutions. its own has a right to conserve it. No
However, ‘the State’ can impose citizen of India can be denied admission
restrictions on this freedom on grounds to any educational institution
of public order, morality and health. maintained by ‘the State’ or receiving
Article 27 provides for freedom as to aid out of ‘the State funds’ on grounds
payment of taxes for promotion of any only of religion, race, caste, language
particular religion. According to this or any of them.
Article no one can be forced to pay a Article 30 provides for the right of
tax the proceeds of which are utilized minorities to establish and administer
to promote or maintain a particular educational institutions of their own. If
religion. ‘the State’ acquires any property of any
According to Article 28 no religious educational institution established and
instruction can be provided in any administered by a minority, it can be
educational institution that is done by providing such compensation
maintained wholly out of the ‘State’ as would not restrict or abrogate the
funds. However, such restriction will right of the minorities. ‘The State’
not operate in educational institutions shall not discriminate against any
that have been established under an educational institution, owned or
endowment or trust which requires that managed by a minority, while giving
religious instruction shall be imparted grants, simply because it is a minority
in such institutions. institution.
Article 28 also provides that no
Right to Constitutional Remedies
person can be required to take part in
any religious instruction that may be Article 32 provides for the security of
imparted or to attend any religious the Fundamental Rights. The Supreme
worship that may be conducted in Court, under this Article, is empowered
educational institutions recognized by to issue directions, orders or writs for
‘the State’ or receiving aid out of “the the enforcement of the Fundamental
State’ funds. Rights granted under this Part of the
It is clear from the above that these Constitution. The Article particularly
Articles aim at giving Indian polity mentions the writs of habeas corpus,
a secular character. The secular mandamus, prohibition, quo warranto
character of Indian polity, however, is and certiorari.
different from secularism as prevalent Habeas Corpus: This writ is, in form,
in other countries of the world. ‘The an order issued by the court calling
State’ in India is neither religious nor upon the person/authority by whom a
anti- religious. It is also not non- person is alleged to be kept; without
interventionist. legal justification, in confinement, to
Cultural and Educational Rights bring such a person before the Court
(Articles 29-30): Article 29 protects and to let the Court know on what
the interests of minorities. According to ground the person is confined. If there
FUNDAMENTAL RIGHTS AND DUTIES, DIRECTIVE PRINCIPLES OF STATE POLICY 49

is no legal justification for the detention, It is to be further noted that

the person is ordered to be released. Parliament may, by law, empower any
Mandamus: This writ is a judicial other court without prejudice to the
remedy which is in the form of an order powers of the Supreme Court, to
from the Court to any government, exercise within the local limits of its
court, corporation or public authority jurisdiction all or any of the powers
to do or to refrain from doing some exercisable by the Supreme Court
specific act which that body is obliged under Article 32(1).
under law to do or refrain from doing, Some Noteworthy Features of the
as the case may be, and which is in the Fundamental Rights: It is to be noted
nature of a public duty and in certain that there are some noteworthy features
cases a statutory duty. of the Fundamental Rights. They can
Prohibition: This writ commands the be summarized as follows:
court or tribunal to whom it is issued (a) The Fundamental Rights are of two
to refrain from doing something that it categories. Some are available to
is about to do. citizens only while others are
Quo Warranto: This writ is issued to available to all persons, citizens as
prevent a person who has wrongfully well as non-citizens. The rights
usurped an office from continuing in granted under Articles 15, 16, 19
that office. The writ calls upon the and 29 are available to citizens only
holder of the office to show to the court while all other rights are available
under what authority he holds the to all persons, citizens as well as
office. If the court determines that the non-citizens.
person is holding the office illegally, it (b) The Fundamental Rights are
would pass the order of ouster that available against ‘the State’ as
must be obeyed by him. defined in Article 12 of the
Certiorari: This writ is issued to Constitution. This means that the
inferior courts, tribunals or authority Fundamental Rights are available
to transmit to it the record of only against the executive and
proceedings pending with them for the legislative branches of the
scrutiny and, if necessary, for quashing governments and not against the
the same. It is to be noted that the High judicial branch. They are not
Courts of the States are also empowered available against the private
to issue such writs (under Article 226 persons also.
of the Constitution). If any party goes (c) Similarly, Parliament has the power
to a High Court for the enforcement of to determine, by law, the extent to
his Fundamental Rights, then he cannot which the Fundamental Rights are
go simultaneously to the Supreme available to the personnel of the
Court as well. In such a situation, he armed forces and those connected
can go to the Supreme Court only in with intelligence agencies.
an appeal against the judgment of the (d) When there is a Proclamation of
High Court. Emergency under Article 352 on
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INDIAN CONSTITUTION AND ADMINISTRATION
grounds of war or external the beginning the Supreme Court
aggression (but not on ground of was of the opinion that the restriction
armed rebellion) the operation of imposed by Article 13 did not
Article 19 (i.e. the Right to Freedom) apply in the case of Constitution
remains suspended. (Amendment) Act. However, later on,
The President can suspend operation the attitude of the Supreme Court
of other Rights (excluding the Rights changed. It was of the view that the
under Articles 20 and 21 i.e. Protection restriction applied to Constitution
in Respect of Conviction for Offences (Amendment) Act as well. This
and Protection of Life and Personal created a lot of controversy. In order
Liberty) also by a separate order (issued to remove this controversy, the
under Article 359) during the Parliament passed the Constitution
prevalence of Emergency. (Twenty-Fourth Amendment) Act,
(e) The Parliament is also empowered, 1971. This Act clearly states that the
by making a law, to indemnify any restrictions imposed by Article 13
person, in the service of ‘the State’, would not apply to the Constitution
in respect of any act done by him in (Amendment) Act. The validity of
connection with the maintenance or this Constitution (Twenty-Fourth
Amendment) Act of 1971 was
restoration of order in any area
challenged in Keshwanand Bharti’s
where martial law is in force.
case. In this case the Supreme Court
(f) Initially in the Constitution there
declared the Amendment Act as
was one more category of
valid. It means that the restriction
Fundamental Rights viz, Right to
imposed by Article 13 does not
Property that was omitted by
apply to a Constitution (Amendment)
the Constitution (Forty-Fourth Act. But, the Supreme Court added
Amendment) Act, 1978. This Right a rider to it. It stated that Parliament
has created lots of problems for ‘the may amend any provision of the
State’. As it came in conflict with the Constitution that takes away or
programme of socio- economic abridges any of the Fundamental
reforms of the then government, it Right but it cannot change the basic
was removed from the list of structure of the Constitution The
Fundamental Rights and made a Supreme Court, however, did not
legal right, thereby losing the clearly lay down as to what were the
special status and protection of a basic structures; though it did give
Fundamental Right. some illustrations which are as
(g) Article 13 states that any law that follows: (i) supremacy of the
takes away or abridges any of the Constitution, (ii) republican and
Fundamental Rights would be void. democratic form of government, (iii)
But a question arose as to what secular character of the Constitution
would happen if a Constitution (iv) separation of powers between the
(Amendment) Act is passed which legislature; the executive and the
provides for taking away or judiciary and (v) federal character of
abridging a Fundamental Right. In the Constitution.
FUNDAMENTAL RIGHTS AND DUTIES, DIRECTIVE PRINCIPLES OF STATE POLICY 51

It is, however, to be noted that the (3) To uphold and protect the
list given above is illustrative and not sovereignty, unity and integrity of
exhaustive. It is the Court that will India.
determine in each case whether a (4) To defend the country and render
particular feature of the Constitution national service when called upon
can be termed as ‘basic’ or not. to do so.
(5) To promote harmony and the
spirit of common brotherhood
Fundamental Duties amongst all the people of India
transcending religious, linguistic
and regional or sectional
Introduction diversities; to renounce’ practices
In modern times generally there is no derogatory to the dignity of
provision for Fundamental Duties in women.
the constitutions of the world. There are (6) To value and preserve the rich
hardly a few constitutions that have heritages of our composite
such a provision. In ancient times, culture.
however, the position was very different. (7) To protect and improve the
In those days emphasis was laid on natural environment including
duties, rather than rights. It was felt forests, lakes, rivers and wild life
that if everyone performs his duties, and to have compassion for living
then the rights would automatically be creatures.
safeguarded. But in 1976 the Indian (8) To develop the scientific temper,
Parliament felt that there was a need humanism and the spirit of inquiry
for inclusion of a list of Fundamental and reform.
Duties in the Indian Constitution. (9) To safeguard public property and
Accordingly, Constitution (Forty- to abjure violence.
Second Amendment) Act, 1976, was (10) To strive towards excellence in all
passed which added a new part, viz. spheres of individual and
Part IV A, and a new Article, 51 A, to collective activity so that the nation
the Constitution of India. The new Part constantly rises to higher levels of
was entitled as Fundamental Duties endeavour and achievement.
and it gives a list of ten Fundamental
Implications
Duties.
The ten duties are as follows: Now, let us examine these duties and
(1) To abide by the Constitution and find out the implications for the citizens
respect its ideals and institutions, of India. Abide by the Constitution: It
the National Flag and the National implies that every citizen should act
Anthem. according to the provisions of the
(2) To cherish and follow the noble Constitution. He should not do any
ideals which inspired our national thing that is prohibited by the
struggle for freedom. Constitution. Some of the important
 52
INDIAN CONSTITUTION AND ADMINISTRATION
prohibitions by the Constitution are as untouchability, emancipation of
follows: the practice of untouchability women, national integrity, unity in
(Article 17), traffic in human beings diversity, anti-colonialism, anti-
(Article 23), abusing the health and imperialism, anti-racialism, democracy,
strength of workers and the tender age secularism etc.
of children (Article 39) and slaughter Uphold and Protect Sovereignty,
of cows, calves and other milch and Unity and Integrity of India: It
draught animals (Article 48). implies that every citizen should give
Respect its Ideals: The ideals of the priority to the national interest. All other
Constitution are given in the Preamble. considerations such as religion, race,
The Preamble aims at securing Justice language, caste, sex, and place of birth
(social, economic and political), Liberty should get a subordinate position. He
(of thought, expression, belief, faith and should do nothing which endangers the
worship), Equality (of status and of Nation.
opportunity) and Fraternity (assuring Defend the Country: Whenever there
the dignity of the individual and the is a war or an external aggression, every
unity and integrity of the Nation). citizen should come forward to defend
Respect its Institutions: Some of the the country and if there is a need, he
important institutions of the should join armed forces.
Constitutions are President, Vice Promote Harmony and Spirit of
President, Cabinet , Prime Minister, Common Brotherhood: India is a
Parliament, Supreme Court, Attorney multi-racial, multi-linguistic, multi-
General, Comptroller and Auditor religious and multi-cultural country. In
General, Union Public Service spite of various diversities, there is a
Commission, Election Commission, need for developing harmony between
Governor, Chief Minister, High Court etc. different races, languages, religions
Respect the National Flag and the and cultures. We should promote the
National Anthem: There are certain spirit of common brotherhood.
rules framed by the Government with Renounce Practices Derogatory to
regard to respecting the National Flag Women: Since ages women in India are
and the National Anthem. Every citizen being given a very low status in society.
is expected to follow these rules. One of Infanticide, dowry and sati system are
the rules requires that when the some of the most derogatory practices
National Flag is unfurled or the National that bring down the dignity of women.
Anthem is sung, every citizen should It is the duty of every citizen to
remain in the position of attention and renounce these evil practices.
no one should make any move or Value and Preserve Rich Heritage
murmur anything to anyone. of our Composite Cultures: Though
Cherish and Follow Noble Ideals of we have varieties of cultures prevalent
National Struggle: During our in different parts of India based on
national struggle our leaders laid down race religion, language, region and
certain noble ideals. Some of the customs, there prevails a fundamental
important ideals are removal of basic unity amongst all the cultures.
FUNDAMENTAL RIGHTS AND DUTIES, DIRECTIVE PRINCIPLES OF STATE POLICY 53

It is because of the accommodative weapon of protest. This needs a change.

character of the Indian people that We should not forget that Mahatma
culture of one section of society has Gandhi succeeded in ending an alien
been greatly influenced by the rule through the method of non-
cultures of other sections of people. violence.
This heritage needs to be preserved Strive towards Excellence: Our
and valued. It is the duty of every nation cannot reach the top of the
citizen to work for and develop the developed world unless every citizen
composite culture of India. individually as well as collectively
Protect and Improve Natural strives to achieve excellence in life.
Environment: Due to pressure of Everyone should ask himself as to what
population and the greed of mankind, has he done to achieve excellence in his
careless exploitation of these resources own field of activity.
have created environmental problems. Utility
There is the need of a balanced
development. This necessitates the A question here arises as to what
protection and improvement of natural purpose does this inclusion of
environments such as forests; lakes; Fundamental Duties in the body of the
rivers and wild life. Constitution serve? Prima facie, it does
not serve any purpose unless laws are
Develop Scientific Temper, the
enacted to punish those who disobey
Spirit of Inquiry and Reform: India
them. But like the Directive Principles
has been a land of superstitions and
of State Policy, they can be useful in
blind faith. This needs a rapid change.
interpreting the various provisions of
We should develop a rational outlook
the Constitution. The judiciary can
and reform our society through the
adopt the principle of harmonious
spirit of inquiry. We should develop a
construction, as it did in cases relating
scientific temper which could co-relate to Directive Principles of State Policy.
cause and effect. The legislatures can resort to them for
Develop Humanism: While developing legislation to implement them. The
rational outlook and scientific temper executives can rely upon them to justify
we should not ignore humanism that actions regarding the practical
is the basis of all progressive societies. application of these duties.
Safeguard Public Property and
Abjure Violence: Of late, there has
developed a tendency to destroy public
property to register one’s protest Directive Principles of
against a particular policy of the State Policy
government.
People should not forget that the
property does not belong to those who One of the most noble features of the
are in power. It is, in fact, their own Indian Constitution given in Part IV
property that they are destroying. deals with the Directive Principles of
Similarly, violence has also become a State Policy. It is one of the few
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INDIAN CONSTITUTION AND ADMINISTRATION
constitutions of the world that has them. This was the genesis of the two
incorporated such provisions as a part Parts of the Constitution. Part Three
of the main body of the Constitution. of the Constitution deals with
The other countries that have such Fundamental Rights while Part IV
provisions are: Austria, Spain, Brazil, relates to Directive Principles of State
France, Italy, Bur ma and West Policy.
Germany. However, our constitution
Distinction between Fundamental
makers were inspired to include these
Rights’ and Directive Principles of
provisions in the Constitution by the
State Policy
Constitution of Ireland.
One of the main objectives of the One of the main distinctions between
constitution makers in including such Fundamental Rights and Directive
a provision in the Constitution was to Principles of State Policy is that while
lay down certain principles for the the Fundamental Rights are enfor-
guidance of the Governments. While ceable through courts of law, the
formulating their policies the Directive Principles are not enforceable.
Governments are expected to act Another distinction between the two is
according to these principles. that while the Fundamental Rights
During the freedom struggle of India prohibit the State from doing certain
our national leaders had made things, the Directives are affirmative
promises regarding the fundamental instructions to ‘the State’ to do certain
rights that the citizens of free India things. While there is dominance of civil
should get. These fundamental rights and political rights in the Fundamental
included not only civil and political Rights, economic and social rights are
rights but also social and economic predominant in the Directive Principles.
rights. But when India got
Nature of the Directive Principles
independence the leaders realized that
it would not be possible for them to In view of the non-enforceability, the
grant immediately some of the social Directive Principles have been
and economic rights that they had described by some critics as ‘pious
promised in the past. But at the same expressions’ or ‘resolution made on the
time they did not want to go back on new years day’. To others they appear
their past promises. They wanted some as an ‘Instrument of Instructions’.
way to get out of this hurdle. They These expressions, however, betray the
assigned this task to a sub-committee ignorance of the critics about the legal
of the Constituent Assembly. The sub- utility of the Directives. Though they are
committee suggested that the non-enforceable, the Directives are the
Fundamental Rights should be divided fundamental principles of governance
into two categories. Some rights could and all the branches of government: the
be granted immediately and others executive, the legislature and the
may be granted in future, if and when judiciary, have to take cognisance of
the country was in a position to grant them. In fact, the Judiciary has
FUNDAMENTAL RIGHTS AND DUTIES, DIRECTIVE PRINCIPLES OF STATE POLICY 55

followed the principle of harmonious Amendment) Act, 1955 respectively,

construction between the Fundamental that they were enacted to give effect to
Rights and the Directive Principles of the Directive Principles of State Policy.
State Policy. Not only this, the Judiciary Now, if we look to the various
has also taken the help of the Directives Directive Principles, we find that they
while interpreting the various are related to political policies, social
provisions of the Constitution. While policies, economic policies, educational
dealing with the relationship between and cultural policies and health
the Fundamental Rights and the policies.
Directive Principles, Chandrachud,
Directives relating to political
Chief Justice of India then, stated in
polices
Minerva Mills case, “the Indian
Constitution is founded on the bedrock According to the Directives relating to
of the balance between Parts Ill and IV. political policies (i) ‘the State’ is required
To give absolute primacy to one over to take steps to organise Village
the other is to disturb the harmony of Panchayats and endow them with such
the Constitution. This harmony and powers and authority as may be
balance between Fundamental Rights necessary to enable them to function
and Directive Principles is an essential as units of self-government, (ii) the
feature of the basic structure of the ‘State’ should endeavour to secure for
Constitution”. the citizens a Uniform Civil Code
Similarly, the executive has also throughout the territory of India, (iii)
resorted to them while justifying its ‘the State’ is required to take steps to
(executive) actions. For instance, in the separate the judiciary from the
case of Champakam Dorairajan vs. the executive in the public services of the
State of Madras, while defending the ‘State’ and (iv) ‘the State’ is required to
‘Communal Order’ of the Madras (a) promote international peace and
government, the plea was taken that it security; (b) maintain just and
was done to promote the interests of the honourable relations between nations;
weaker sections of society as per (c) foster respect for international law
Directive Principle of State Policy and treaty obligation in the dealings of
provided in Article 46 of the organized peoples with one another
Constitution of India. and (d) encourage settlement of
The Parliament also referred them international disputes by arbitration.
while justifying its legislative measures. It is clear from the above that the
For instance, in cases of Shankari political Directives aim at a social order
Prasad and Golaknath, the where there is decentralization of
Government of India pleaded before the authority and all the citizens are
Supreme Court, while defending the governed by the same laws in the civil
Constitution (First Amendment) Act, field without any distinctions of religion
1951 and the Constitution (Fourth and where justice is secured through
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INDIAN CONSTITUTION AND ADMINISTRATION
separation of powers and where relation workers is ensured in the management
between nations are based on of undertakings, establishments or
principles of international peace and other organizations engaged in any
security. industry by suitable legislation or in
Directive relating to social policies any other way, (vii) children are given
opportunities and facilities to develop
‘The State’ is required to promote with in a healthy manner and in condition
special care the educational and of freedom and dignity and that
economic interests of the weaker childhood and youth are protected
sections of society and, in particular, of against exploitation and against moral
the Scheduled Castes and the and material abandonment, (viii) the
Scheduled Tribes and to protect them right to work, to education and to
from social injustices and all forms of public assistance in cases of
exploitations. This Directive aims at a
unemployment, old age, sickness and
social order where Scheduled Castes,
disablement, and in other cases of
Scheduled Tribes and other weaker
undeserved want is ensured within the
section of society are given special
limits of its economic capacity and
protection so as to make them equal
development, (ix) suitable provision is
partners in the national life.
made for just and humane condition
Directives relating to economic of work and for maternity relief, (x) all
policies workers, agriculture, industrial or
‘The State’ is required to direct its policy otherwise, secure work, a living wage,
towards securing that: (i) the ownership condition of work ensuring a descent
and control of material resources of the standard of life and full enjoyment of
community are so distributed as best leisure and social and culture
to sub-serve the common good, (ii) the opportunities by suitable legislation or
operation of the economic system does economic organization, or in any other
not result in the concentration of wealth way and, in particular, the State should
and means of production to the endeavour to promote cottage
common detriment, (iii) the citizens, industries on an individual or co-
men and women equally, have the right operative basis in rural area, (xi) that
to an adequate means of livelihood, agriculture and animal husbandry are
(iv) there is equal pay for equal work organized on modern and scientific
for both men and women, (v) the health lines and steps taken for preservation
and strength of workers, men and and improvement of the breeds and
women, and the tender age of children prohibition of the slaughter, of cows
are not abused and citizens are not and calf and other milch and draught
forced by economic necessity to enter cattle, (xii) that the operation of the legal
vocations unsuited to their age or system promotes justice, on a basis of
strength, (vi) the participation of equal opportunity, and provision is
FUNDAMENTAL RIGHTS AND DUTIES, DIRECTIVE PRINCIPLES OF STATE POLICY 57

made for free legal aid, by suitable of national importance, from spolaition
legislation or schemes or in any other (extortion), disfigurement, destruction,
way, to ensure that opportunities for removal, disposal or export as the case
securing justice are not denied to any may be.
citizen by reason of economic or other It is clear from the above that these
disabilities. Directives aim at a social order
It is clear from the above that the aim where every citizen gets Elementary
of economic Directives is to bring a education free of charge and wherein
social order where there is no the cultural heritage of the past is
concentration of economic power and preserved.
the whole economic system is based on
Directives regarding health policies
the good of community at large and
wherein every one is guaranteed the There are two Directives in this
right to work and participation in category. The first requires ‘the State’
management and to adequate means to regard the raising of the level of
of lively hood, a living wage, equal pay nutrition and the standard of living of
for equal work, public assistance in its people and the improvement of the
cases of unemployment, old age, public health as among its primary
sickness and disablement and in other duties and, in particular ‘the State’ is
cases of undeserved want, just and required to endeavour to bring about
human condition of work, maternity prohibition of the consumption, except
relief, decent standard of life, full for medical purposes of intoxicating
enjoyment of leisure, social and drinks and of drugs which are injurious
cultural opportunities, free legal aid and to health. The second requires ‘the
wherein agriculture and animal State’ to endeavour to protect and
husbandry are organised on modern improve the environment and to
and scientific lines. safeguard the forests and wild life of the
country.
Directives relating to educational It is clear from the above that the
and cultural policies Directives aim at a social order where
One of the Directives requires ‘the State’ every citizen gets nutritious food and
to provide, within a period of ten years maintains a good standard of life by
from the commencement of the keeping his health sound and by
Constitution, for free and compulsory restraining himself from the
education for all children until they consumption of intoxicating drinks and
complete the age of fourteen years. drugs injurious to health and by
Another Directive states that it shall be protecting and improving environment
the obligation of ‘the State’ to protect and by safeguarding the forest and wild
every monument or place or object of life of the country.
artistic or historic interest, declared by To sum up, we can say that the
or under law made by Parliament to be Directive Principles of State policy aim
 58
INDIAN CONSTITUTION AND ADMINISTRATION
at ushering a new social order. Such a order to be achieved through
social order may be given different democratic means and that is why they
names by different schools of thought. have made it an obligation of ‘the State’
To some it may appear socialistic, to endeavour to achieve it through
liberal or Gandhian, while to others it normal democratic machinery. Three
may appear merely an extension of
different schools of thought, Liberalism,
democracy to ‘economic’ and ‘social’
Socialism, and Gandhism inspired the
fields. The contents of the Directives
clearly indicate that the Constitution Constitution makers, and they have
makers wanted to achieve the golden tried to combine all the three in the best
mean between the liberal ideas of possible form. The best and the most
democracy and the Fabian ideas of non- controversial title of such an order
equality. They wanted the new social could be a ‘Just Social Order’.

Exercises

1. Why are the Rights granted to the citizens of India called Fundamental
Rights? Explain their importance.
2. What constitutes the Right to Equality?
3. Describe, in brief, the Right to Freedom as granted to the citizens of India.
4. How is the Right to Freedom of Religion related to secularism?
5. What are the Educational and Cultural Rights granted to the citizens of
India?
6. What is the significance of providing the Right to Constitutional Remedies?
7. Enumerate any five Fundamental Duties that a citizen of India is required to
obey.
8. Explain the implications of any five Fundamental Duties.
9. What do you mean by the Directive Principles of State Policy?
10. Distinguish between Fundamental Rights and Directive Principles of State
Policy.
11. Examine the nature of the Directive Principles of State Policy.
12. Explain any Three writs which the Supreme Court is empowered to issue for
the enforcement of the Fundamental Rights.
13. Write short notes on:
(a) Protection against Arrest and Detention
(b) Right against Exploitation
(c) Protection of Interests of Minorities
(d) Economic Policies
(e) Social Policies
(f) Health Policies