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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 |
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