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National Small Industries Corporation, Handloom Board,
Handicrafts Board, Coir Board, Silk Board and so on have
been set up for the development of cottage industries in rural
areas.
8. The Community Development Programme (1952), Hill Area
Development Programme (1960), Drought-Prone Area
Programme (1973), Minimum Needs Programme (1974),
Integrated Rural Development Programme (1978), Jawahar
Rozgar Yojana (1989), Swarnajayanti Gram Swarozgar
Yojana (1999), Sampoorna Grameena Rozgar Yojana
(2001), National Rural Employment Guarantee Programme
(2006) and so on have been launched for raising the
standard of living of people.
9. The Wildlife (Protection) Act, 1972 and the Forest
(Conservation) Act, 1980, have been enacted to safeguard
the wildlife and the forests respectively. Further, the Water
and Air Acts have provided for the establishment of the
Central and State Pollution Control Boards, which are
engaged in the protection and improvement of environment.
The National Forest Policy (1988) aims at the protection,
conservation and development of forests.
Various steps have also been taken to organise animal
husbandry on modern and scientific lines.
11. Three-tier panchayati raj system (at village, taluka and zila
levels) has been introduced to translate into reality
Gandhiji’s dream of every village being a republic. The 73rd
Amendment Act (1992) has been enacted to provide
constitutional status and protection to these panchayati raj
institutions.
12. Seats are reserved for SCs, STs and other weaker sections
in educational institutions, government services and
representative bodies. The Untouchability (Offences) Act,
1955, which was renamed as the Protection of Civil Rights
Act in 1976 and the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989, have been
enacted to protect the SCs and STs from social injustice and
exploitation. The 65th Constitutional Amendment Act of 1990
established the National Commission for Scheduled Castes
and Scheduled Tribes to protect the interests of SCs and
STs. Later, the 89th Constitutional Amendment Act of 2003
bifurcated this combined commission into two separate
bodies, namely, National Commission for Schedule Castes
and National Commission for Schedule Tribes.
12a. Various national-level commissions have been established
to promote and protect the social, educational and economic
interests of the weaker sections of the society. These include
the National Commission for Backward Classes (1993), the
National Commission for Minorities (1993), the National
Commission for Women (1992) and the National
Commission for Protection of Child Rights (2007). Further,
the 102nd Amendment Act of 2018 conferred a constitutional
status on the National Commission for Backward Classes
and also enlarged its functions.
12b. In 2019, the central government issued orders providing
10% reservation to the Economically Weaker Sections
(EWSs) in admission to educational institutions and civil
posts and services in the Government of India. The benefit
schemes of reservations for SCs, STs and OBCs. This
reservation was facilitated by the 103rd Amendment Act of
2019.
13. The Criminal Procedure Code (1973) separated the judiciary
from the executive in the public services of the state. Prior to
this separation, the district authorities like the collector, the
sub-divisional officer, the tehsildar and so on used to
exercise judicial powers along with the traditional executive
powers. After the separation, the judicial powers were taken
away from these executive authorities and vested in the
hands of district judicial magistrates who work under the
direct control of the state high court.
14. The Ancient and Historical Monument and Archaeological
Sites and Remains Act (1951) has been enacted to protect
the monuments, places and objects of national importance.
15. Primary health centres and hospitals have been established
throughout the country to improve the public health. Also,
special programmes have been launched to eradicate
widespread diseases like malaria, TB, leprosy, AIDS, cancer,
filaria, kala-azar, guineaworm, yaws, Japanese encephalitis
and so on.
16. Laws to prohibit the slaughter of cows, calves, and bullocks
have been enacted in some states.
17. Some states have initiated the old age pension schemes for
people above 65 years.
18. India has been following the policy of non-alignment and
panchsheel to promote international peace and security.
In spite of the above steps by the Central and state
governments, the Directive Principles have not been implemented
fully and effectively due to several reasons like inadequate
DIRECTIVES OUTSIDE PART IV
Apart from the Directives included in Part IV, there are some other
Directives contained in other Parts of the Constitution. They are:
1. Claims of SCs and STs to Services: The claims of the
members of the Scheduled Castes and the Scheduled
Tribes shall be taken into consideration, consistently with the
maintenance of efficiency of administration, in the making of
appointments to services and posts in connection with the
affairs of the Union or a State (Article 335 in Part XVI).
2. Instruction in mother tongue: It shall be the endeavour of
every state and every local authority within the state to
provide adequate facilities for instruction in the mother-
tongue at the primary stage of education to children
belonging to linguistic minority groups (Article 350-A in Part
XVII).
3. Development of the Hindi Language: It shall be the duty of
the Union to promote the spread of the Hindi language and
to develop it so that it may serve as a medium of expression
for all the elements of the composite culture of India (Article
351 in Part XVII).
The above Directives are also non-jus-ticiable in nature.
However, they are also given equal importance and attention by
the judiciary on the ground that all parts of the constitution must
be read together.
Table 8.2 Articles Related to Directive Principles of State Policy at
a Glance
Article No. Subject Matter
36. Definition of State
37. Application of the principles contained in this
part
38. State to secure a social order for the promotion
of welfare of the people
39. Certain principles of policy to be followed by the
State
39A. Equal justice and free legal aid
40. Organisation of village panchayats
41. Right to work, to education and to public
assistance in certain cases
42. Provision for just and humane conditions of
work and maternity relief
43. Living wage, etc., for workers
43A. Participation of workers in management of
industries
43B. Promotion of co-operative societies
44. Uniform civil code for the citizens
45. Provision for early childhood care and
education to children below the age of six years
46. Promotion of educational and economic
interests of Scheduled Castes, Scheduled
Tribes and other weaker sections
47. Duty of the State to raise the level of nutrition
and the standard of living and to improve public
health
48. Organisation of agriculture and animal
husbandry
48A. Protection and improvement of environment
and safeguarding of forests and wildlife
49. Protection of monuments and places and
objects of national importance
50. Separation of judiciary from executive
1. Actually, Directive Principles are mentioned in Articles
38 to 51. Article 36 deals with the definition of State
while Article 37 deals with the nature and significance of
Directive Principles.
2. Granville Austin, The Indian Constitution–Cornerstone
of a Nation, Oxford, 1966, P. 75.
3. A ‘Police State’ is mainly concerned with the
maintenance of law and order and defence of the
country against external aggression. Such a restrictive
concept of state is based on the nineteenth century
theory of individualism or laissez-faire.
4. This second provision was added by the 44th
Constitutional Amendment Act of 1978.
5. The last point (f) was modified by the 42nd
Constitutional Amendment Act of 1976.
6. This Directive was added by the 42nd Constitutional
Amendment Act of 1976.
7. ‘Living wage’ is different from ‘minimum wage’, which
includes the bare needs of life like food, shelter and
clothing. In addition to these bare needs, a ‘living wage’
includes education, health , insurance, etc. A ‘fair wage’
is a mean between ‘living wage’ and ‘minimum wage’.
8. This Directive was added by the 42nd Constitutional
Amendment Act of 1976. 8a. This Directive was added
by the 97th Constitutional Amendment Act of 2011.
9. This Directive was changed by the 86th Constitutional
Amendment Act of 2002. Originally, it made a provision
for free and compulsory education for all children until
they complete the age of 14 years.
10. This Directive was added by the 42nd Constitutional
Amendment Act of 1976.
11. Constituent Assembly Debates, volume VII, P. 476.
12. M.P. Jain, Indian Constitutional Law, Wadhwa, Third
Edition (1978), P. 595.
13. Constituent Assembly Debates, volume VII, P. 470.
14. N. Srinivasan, Democratic Government in India, P. 182.
16. Journal of Constitutional and Parliamentary Studies,
June 1975.
17. M.C. Chagla, An Ambassador Speaks, P. 35.
18. Granville Austin, The Indian Constitution–Cornerstone
of a Nation, Oxford, 1966, P. 50–52.
19. P.B. Gajendragadker, The Constitution of India (Its
Philosophy and Postulates), P. 11.
20. State of Madras v. Champakam Dorairajan, (1951).
21. Golak Nath v. State of Punjab, (1967).
22. Article 39 (b) says: The State shall direct its policy
towards securing that the ownership and control of the
material resources of the community are so distributed
as best to subserve the common good.
23. Article 39 (c) says: The state shall direct its policy
towards securing that the operation of the economic
system does not result in the concentration of wealth
and means of production to the common detriment.
24. Kesavananda Bharati v. State of Kerala, (1973).
9 Fundamental Duties
T
hough the rights and duties of the citizens are correlative
and inseparable, the original constitution contained only the
fundamental rights and not the fundamental duties. In other
words, the framers of the Constitution did not feel it necessary to
incorporate the fundamental duties of the citizens in the
Constitution. However, they incorporated the duties of the State in
the Constitution in the form of Directive Principles of State Polity.
Later in 1976, the fundamental duties of citizens were added in
the Constitution. In 2002, one more Fundamental Duty was
added.
The Fundamental Duties in the Indian Constitution are inspired
by the Constitution of erstwhile USSR. Notably, none of the
Constitutions of major democratic countries like USA, Canada,
France, Germany, Australia and so on specifically contain a list of
duties of citizens. Japanese Constitution is, perhaps, the only
democratic Constitution in world which contains a list of duties of
citizens. The socialist countries, on the contrary, gave equal
importance to the fundamental rights and duties of their citizens.
Hence, the Constitution of erstwhile USSR declared that the
SWARAN SINGH COMMITTEE RECOMMENDATIONS
In 1976, the Congress Party set up the Sardar Swaran Singh
Committee to make recommendations about fundamental duties,
the need and necessity of which was felt during the operation of
the internal emergency (1975–1977). The committee
recommended the inclusion of a separate chapter on fundamental
duties in the Constitution. It stressed that the citizens should
become conscious that in addition to the enjoyment of rights, they
also have certain duties to perform as well. The Congress
Government at Centre accepted these recommendations and
enacted the 42nd Constitutional Amendment Act in 1976. This
amendment added a new part, namely, Part IVA to the
Constitution. This new part consists of only one Article, that is,
Article 51A which for the first time specified a code of ten
fundamental duties of the citizens. The ruling Congress party
declared the non-inclusion of fundamental duties in the
Constitution as a historical mistake and claimed that what the
framers of the Constitution failed to do was being done now.
Though the Swaran Singh Committee suggested the
incorporation of eight Fundamental Duties in the Constitution, the
42nd Constitutional Amendment Act (1976) included ten
Fundamental Duties.
Interestingly, certain recommendations of the Committee were
not accepted by the Congress Party and hence, not incorporated
in the Constitution. These include:
1. The Parliament may provide for the imposition of such
penalty or punishment as may be considered appropriate for
any non-compliance with or refusal to observe any of the
duties.
2. No law imposing such penalty or punishment shall be called
in question in any court on the ground of infringement of any
of Fundamental Rights or on the ground of repugnancy to
any other provision of the Constitution.
LIST OF FUNDAMENTAL DUTIES
According to Article 51A, 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 that inspired the
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 and to
renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of the country’s
composite culture;
(g) to protect and improve the natural environment including
forests, lakes, rivers and wildlife and to have compassion for
living creatures;
(h) to develop scientific temper, humanism and the spirit of
inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher
levels of endeavour and achievement; and
(k) to provide opportunities for education to his child or ward
FEATURES OF THE FUNDAMENTAL DUTIES
Following points can be noted with regard to the characteristics of
the Fundamental Duties:
1. Some of them are moral duties while others are civic duties.
For instance, cherishing noble ideals of freedom struggle is
a moral precept and respecting the Constitution, National
Flag and National Anthem is a civic duty.
2. They refer to such values which have been a part of the
Indian tradition, mythology, religions and practices. In other
words, they essentially contain just a codification of tasks
integral to the Indian way of life.
3. Unlike some of the Fundamental Rights which extend to all
persons whether citizens or foreigners1 , the Fundamental
Duties are confined to citizens only and do not extend to
foreigners.
4. Like the Directive Principles, the fundamental duties are also
non-justiciable. The Constitution does not provide for their
direct enforcement by the courts. Moreover, there is not legal