CU-BA SEM III-Political Science-Second Draft-converted

ARTICLE 31D: SAVING OF LAWS IN RESPECT OF ANTI-NATIONAL ACTIVITIES ARTICLE 32: REMEDIES FOR ENFORCEMENT OF RIGHTS CONFERRED BY THIS PART (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. (3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2). (4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution. Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, – (a) the members of the Armed Forces; or (b) the members of the Forces charged with the maintenance of public order; or (c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or (d) persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them. ARTICLE 34: RESTRICTION ON RIGHTS CONFERRED BY THIS PART WHILE MARITAL LAW IS IN FORCE IN ANY AREA Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any person in respect of any act done by him in connection with the maintenance or restoration or order in any area 101 CU IDOL SELF LEARNING MATERIAL (SLM)

within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area. ARTICLE 35: LEGISLATION TO GIVE EFFECT TO THE PROVISIONS OF THIS PART Notwithstanding anything in this Constitution, – (a) Parliament shall have, and the Legislature of a State shall not have, power to make laws – (i) With respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament; and (ii) for prescribing punishment for those acts which are declared to be offences under this part, and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii); (b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament. Explanation: In this article, the expression “law in force” has the same meaning as in article 372. 4.3 IMPORTANT FEATURES OF FUNDAMENTAL RIGHTS Protected by Constitution: Fundamental Rights, unlike ordinary legal rights, are protected and guaranteed by the constitution of the country. Some of the rights are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies. Not Sacrosanct, Permanent, or Absolute: They are not sacrosanct or permanent and the 102 CU IDOL SELF LEARNING MATERIAL (SLM)

Parliament can curtail or repeal them but only by a constitutional amendment act. The rights are not absolute but qualified. The state can impose reasonable restrictions on them; however, the reasonability of the restrictions is decided by the courts. Rights are Justiciable: The rights are justiciable and allow persons to move the courts for their enforcement, if and when they are violated. Any aggrieved person can directly go to the Supreme Court in case of violation of any fundamental right. Suspension of Rights: The rights can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21. Further, the six rights guaranteed by Article 19 can be suspended only when there is an external emergency war or external aggression) [and not on the ground of armed rebellion (i.e., internal emergency]. Restriction of Laws: Their application to the members of armed forces, paramilitary forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by the Parliament (Article 33). Their application can be restricted while martial law (military rule imposed under abnormal circumstances) is in force in any area. Fundamental Rights - Articles 12-35 (Part III of Indian Constitution) The important features of Fundamental Rights are as follows: 1. ‘All are equal before the law’. It means that all citizens are equal under law. They have equal right to freedom of religion, assembly, association, and movement. No person is to be deprived of his life, liberty or property, except in accordance with the law. 2. Minorities are allowed to protect and conserve their language, script, and culture. Fundamental Rights primarily protect individuals and minority groups from arbitrary, prejudicial, state action, three of the articles have been designed to protect an individual against the action of other private citizens. a. Article 17 abolishes untouchability; b. Article 15(2) lays down that no citizen shall suffer any disability in the use of shops, 103 CU IDOL SELF LEARNING MATERIAL (SLM)

restaurants, wells, roads, and other public places on account of his religion, race, caste, sex, or place of birth; c. Article 23 prohibits forced labour. 1. Various means are provided whereby the citizens can move the Supreme Court and other courts for the enforcement of the Fundamental Rights. There are two different mechanisms for the enforcement of Fundamental Rights: a. Judicial review b. Writs against a public authority violating a person’s rights. Both the remedies operate through Article 32. 1. The Fundamental Rights are both natural as well as legal. 4.4 THE SIX FUNDAMENTAL RIGHTS 104 CU IDOL SELF LEARNING MATERIAL (SLM)

Fig 4.2 The Six Fundamental Rights Fundamental rights are applied universally to all citizens, irrespective of race, birthplace, religion, caste, sexual orientation, gender or gender identity. The original Constitution (1950) had seven Fundamental Rights. But after the passage of the 44th Amendment in 1978, there are now six Fundamental Rights. They are as follows: 1. Right to Equality 2. Right to Freedom 3. Right against Exploitation 4. Right to Freedom of Religion 5. Cultural and Educational Rights 6. Right to Constitutional Remedies 105 CU IDOL SELF LEARNING MATERIAL (SLM)

Besides the above mentioned six rights, there was the Right to Property as well. Since this Right created lot of problem in the way of attaining the goal of socialism and equitable distribution of wealth, it was removed from the list of Fundamental Rights in 1978 by 44th constitutional amendment. 4.4.1 Right to Equality The right to equality provides for the equal treatment of everyone before the law, prevents discrimination on various grounds, treats everybody as equals in matters of public employment, and abolishes untouchability, and titles. The Constitution of India guarantees the Right to Equality through Articles 14 to 18. Article 14: the state shall not deny to any person equality before the law and equal protection of law within the territory of India. It, thus, provides equality before the law to every person without discriminating on grounds of religion, race, caste, sex or place of birth. Article 15: It prohibits state from discriminating against any person on grounds of religion, race, caste, sex, place of birth or any of them. However, the state can make special policies of protective discrimination for welfare of women, children, socially and educationally backward classes, and SCs and STs. It also prohibits discrimination in terms of restriction to any person from access to shops, public restaurant, hotels and places of public entertainment, or use of wells, tanks, bathing ghats, roads and places of public restaurant which are maintained wholly or partly out of state funds or which are dedicated to the use of general public. Article 16: It guarantees equality of opportunity for all citizens in matters relating to employment or office under the state on grounds of religion, race, caste, descent, place of birth, residence or any of them. Article 17: It abolishes untouchability. Article 18: No title other than military and academic distinction shall be conferred by the state. No citizen of India shall accept any title from a foreign state. 4.4.2 Right to Freedom The right to freedom includes freedom of speech and expression, assembly, association or union or cooperatives, movement, residence, and right to practice any profession or occupation 106 CU IDOL SELF LEARNING MATERIAL (SLM)

Right to freedom are given in Articles 19 to 22. The right to freedom is not an absolute right. It is subject to ‘reasonable restrictions’ that may be imposed by the law. Article 19 guarantees the following rights: 1. Freedom of speech and expression: its main concern is the interests of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality or in the relation of contempt of court, defamation or incitement to an offence 2. Freedom to assemble peacefully and without arms 3. Freedom to form associations and unions 4. Freedom to move freely throughout the territory of India 5. Freedom to reside and settle in any part of the territory of India 6. Freedom to practise any profession, or to carry on any occupation, trade or business Articles 20, 21 and 22 assure personal freedom of persons. Central to them is the right to life and personal liberty. In 2002, judiciary interpreted this right in a creative way. Right to life is now seen as a right to life of dignity and fulfilment. Moreover, the 86th Amendment in 2002 further added Article 21 A to the constitution that guarantees the state to provide free and compulsory education to children between the ages of six and fourteen. Earlier it was present in the Article 45 of Directive Principles of State Policy. Article 20 provides a fair trial and freedom from arbitrary conviction by the state. No person can be convicted except for the violation of an offence under the law prevalent at the time of the commission of the act charged as an offence. Article 22 and its different clauses provide protection against Arrest and Detention in certain cases. 4.4.3 Right against Exploitation The Indian constitution guaranteed right against exploitation. Article 23 prohibits traffic in human beings and beggar and other similar forms of forced labour. According to Article 24, no child below the age of fourteen shall be employed in the factory, mine or hazardous occupations. 107 CU IDOL SELF LEARNING MATERIAL (SLM)

4.4.4 Right to Freedom of Religion Right to freedom of religion, covered in Articles 25, 26, 27 and 28, provides religious freedom to all citizens of India. Article 25 entitles all persons equally to freedom of conscience and right to freely profess, practice and propagate religion. But the freedoms are subject to public order, morality and health, and to other provisions of part III of the constitution. Article 26 Freedom to manage religious affairs. Article 27 provides that no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious domination. Article 28 prohibits religious instructions in any educational institution wholly maintained by state funds unless such an institution has been set up under and endowment or trust which requires that religious instructions be imparted in them. 4.4.5 Cultural and Educational Rights The Constitution guarantees every single citizen of India both rights to education and cultures. Article 29 grants any section of the citizens residing in the territory of India or any part of it, possessing a distinct language, script or culture of its own, right to conserve it. No citizen shall be denied admission into an educational institution maintained by the state or receiving aid out of state funds on the basis of religion, race, caste, language or any of them. According to Article 30, all minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice. 4.4.6 Right to Constitutional Remedies Right to constitutional remedies (Articles 32 to 35) empowers the citizens to move to a court of law in case of any denial of the fundamental rights. According to Article 32, the Indian Constitution has certain provisions which give powers to the courts to enforce Fundamental Rights. The devices through which the courts protect Fundamental Rights are known as writs or judicial processes. These writs or judicial process are: habeas corpus, mandamus, prohibition, quo warranto and certiorari. The Supreme Court may issue directions, orders or writs to enforce Fundamental Rights. The meanings of the writs are mentioned below: 108 CU IDOL SELF LEARNING MATERIAL (SLM)

Habeas corpus: It means “to have the body”. This writ protects the right to life and personal liberty (Article 21). It can be issued by the courts to any authority which has detained a person without trial to produce him to the court for trial. It challenges the executive if it has detained anyone against the authority of law. It can also challenge a law under which the detention has been made if that law is unconstitutional. The court can free a person if she/he is detained illegally. Mandamus: It means a command. It is an order issued to an authority or a person to do the duty mandated to it by law which it has refused to perform. Prohibition: It is a writ issued by a higher court – the Supreme Court or a high court to an inferior court. It prohibits the latter from continuing proceedings to hear a case which is beyond the jurisdiction. Certiorari: By this writ the Supreme Court, and the High Courts may call for the record of a case from a lower court or semi-judicial body on an allegation of an excess of jurisdiction. Quo Warranto: by this writ the court asks a person or body of persons under which authority it is in a public office created by the constitution or a statute. There was one more fundamental right in the Constitution, i.e., the right to property. However, this right was removed from the list of fundamental rights by the 44th Constitutional Amendment. This was because this right proved to be a hindrance towards attaining the goal of socialism and redistributing wealth (property) equitably among the people. Note: The right to property is now a legal right and not a fundamental right. 4.5 THE BASIC STRUCTRE DOCTORINE According to the Basic Structure Doctrine, the Parliament cannot change through amendments the basic features of the constitution, which include Fundamental Rights along with judicial review, secularism and parliamentary democracy. This doctrine emerged from the Supreme Court judgement in March 1973 about Kesavanad Bharati vs. State of Kerala case. The 44th Amendment, 1978 removed the right to property as Fundamental Rights. As Fundamental Rights are enforceable, the courts have a special responsibility to protect them. The courts protect Fundamental Rights by issuing writs. Prior to Kesavanad Bharati case, 109 CU IDOL SELF LEARNING MATERIAL (SLM)

the Supreme Court protected Fundamental Rights in Golakhnath vs. State of Punjab case (1967). In Indira Gandhi vs. Raj Narayan case in 1975, the Supreme Court used Basic Structure doctrine to strike down the 39th Constitutional Amendment, which sought to place elections of President, Vice-President, Prime Minister and Speaker of Lok Sabha beyond the purview of judicial review. Amenability of Fundamental Rights Any changes to the fundamental rights require a constitutional amendment that should be passed by both the Houses of Parliament. The amendment bill should be passed by a special majority of Parliament. As per the Constitution, Article 13(2) states that no laws can be made that take away fundamental rights. The question is whether a constitutional amendment act can be termed law or not. In the Sajjan Singh case of 1965, the Supreme Court held that the Parliament can amend any part of the Constitution including fundamental rights. But in 1967, the SC reversed its stance taken earlier when in the verdict of the Golaknath case, it said that the fundamental rights cannot be amended. In 1973, a landmark judgement ensued in the Kesavananda Bharati case, where the SC held that although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s amending power, the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.” This is the basis in Indian law in which the judiciary can strike down any amendment passed by Parliament that is in conflict with the basic structure of the Constitution. In 1981, the Supreme Court reiterated the Basic Structure doctrine. It also drew a line of demarcation as April 24th, 1973 i.e., the date of the Kesavananda Bharati judgement, and held that it should not be applied retrospectively to reopen the validity of any amendment to the Constitution which took place prior to that date. Aspirants can learn more about 25 important SC judgements for UPSC in the linked article. Doctrine of Severability This is a doctrine that protects the fundamental rights enshrined in the Constitution. It is also 110 CU IDOL SELF LEARNING MATERIAL (SLM)

known as the Doctrine of Separability. It is mentioned in Article 13, according to which all laws that were enforced in India before the commencement of the Constitution, inconsistent with the provisions of fundamental rights shall to the extent of that inconsistency be void. This implies that only the parts of the statute that is inconsistent shall be deemed void and not the whole statue. Only those provisions which are inconsistent with fundamental rights shall be void. Doctrine of Eclipse This doctrine states that any law that violates fundamental rights is not null or void ab initio, but is only non-enforceable, i.e., it is not dead but inactive. This implies that whenever that fundamental right (which was violated by the law) is struck down, the law becomes active again (is revived). Another point to note is that the doctrine of eclipse applies only to pre- constitutional laws (laws that were enacted before the Constitution came into force) and not to post-constitutional laws. This means that any post-constitutional law which is violative of a fundamental right is void ab initio. 4.6 REASONABLE RESTRICTIONS ON FUNDAMENTAL RIGHTS Indian constitution has provided a safety net to all sections and groups through various articles especially regarding Fundamental Rights of the citizens and the persons. The state can put restrictions on right to freedom for protection of sovereignty and security of the country; for maintenance of public order by imposing curfew and morality; and for maintaining friendly relations with other countries. The state can also put reasonable restrictions on right to equality by devising welfare policies for the marginalised sections of society such as women, children, socially and educationally backward classes, Scheduled Castes and Scheduled Tribes. Article 33 empowers Parliament to restrict or abrogate the application of Fundamental rights in relation to armed forces or the forces, police, etc. This article is meant to instil discipline among the forces whose duties are related to maintenance of public order and sensitive subjects. According to Article 32, a person has fundamental right to approach the Supreme court but not the high court to seek constitutional remedies for enforcement of the Fundamental Rights. 4.7 SUMMARY • Fundamental Rights are given in Part III of the Constitution. They are essential 111 CU IDOL SELF LEARNING MATERIAL (SLM)

conditions for development of human beings. They provide freedom, equality, security and dignity to all persons and citizens without discriminating on grounds of religion, race, caste, gender, place of origin, descent. They are justiciable. • Their violation can be challenged in the court of law. In India, realization to have Fundamental Rights which finally were included in the Constitution grew from the nineteenth century. • As per the Basic Structure Doctrine, the Fundamental Rights represent basic structure of the constitution. They cannot be amended. • The courts can enforce the Fundamental Rights with the devices known as writs. • This right is very important because it provides freedom and security to the citizen. • The Commonwealth Bill 1925 laid down that individual liberty, freedom of conscience, free expression of opinion, free assembly, and equality before the law were to be ensured. The Bill also sought to ensure right to free elementary education, equal right to use roads, court of justice and all other places of business or resort dedicated to public. • The Nehru Report was a report prepared by a committee headed by Motilal Nehru in 1928. It was assigned the task of preparing draft of a constitution of India. The committee emphasized the need for securing Fundamental Rights to Indians including the minority rights. • The Sapru Report made two important suggestions: to make distinction between justiciable rights and non-justiciable rights, and to protect the rights of minorities. • The six Fundamental Rights are: right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights and rights to constitutional remedies. 4.8 KEYWORDS • INC: Indian National Congress • DPSPs: Directive Policy of State Policy 112 CU IDOL SELF LEARNING MATERIAL (SLM)

• Montagu–Chelmsford Reforms - The Montagu–Chelmsford Reforms or more briefly known as Mont-Ford Reforms were reforms introduced by the colonial government in British India to introduce self-governing institutions gradually in India. 4.9 LEARNING ACTIVITY 1. Make a concise note on all the Articles based on Fundamental Rights. __________________________________________________________________________ ____________________________________________________________________ 2. Prepare list so special rights for children. __________________________________________________________________________ _________________________________________________________________________ 4.10 UNIT END QUESTIONS A. Descriptive Questions Short Answer 1. Who can put restrictions on right to freedom? 2. What are the six Fundamental Rights? 3. What is the full form of INC? 4. What were the two major decisions taken by Indian National Congress in response to the setting up the Simon Commission? 5. What does Article 17 abolish? Long Answer 1. What was Commonwealth Bill of 1925? 2. What were the important features of Nehru Report? 113 CU IDOL SELF LEARNING MATERIAL (SLM)

3. Explain Right to Equality in detail. 4. What is Basic Structure Doctrine? 5. Explain five writs under Right to Constitutional Remedies. B. Multiple Choice Questions 1. Who drafted The Commonwealth of India Bill, 1925? a. M.K. Gandhi b. Amrit Kaur c. Annie Basent d. Motilal Nehru 2. The Sapru Report was published in which year? a. 1946 b. 1945 c. 1943 d. 1941 3. Freedom to assemble peacefully and without arms comes under which Article? a. Article 23 b. Article 18 c. Article 28 d. Article 19 114 CU IDOL SELF LEARNING MATERIAL (SLM)

4. “to have the body” comes under which writ? a. Prohibition b. quo warranto c. habeas corpus d. mandamus 5. Which Fundamental Right empowers the citizens to move to a court of law in case of any denial of the fundamental rights? a. Right to Equality b. Right to Freedom c. Right against Exploitation d. Right to Constitutional Remedies Answer 1-c; 2-b; 3-d; 4-c; 5-d 4.11 REFERENCES • Basu, D. D. (2004). Introduction to the Constitution of India. Nagpur, India: Lexis Nexis Butterworths Wardha. • Choubey, S.K. (2009). The Making and Working of the Indian Constitution. New Delhi, India: National Book Trust. • Granville, Austin (2012). The Indian Constitution: Cornerstone of a Nation, New Delhi, India: Oxford University Press. • Khosla, Madhav (2012). Oxford India Short Introductions: The Indian Constitution, 115 CU IDOL SELF LEARNING MATERIAL (SLM)

New Delhi, India: Oxford University Press. • Sarkar, Sumit (1983). Modern India 1885-1947, New Delhi, India: MacMillan. • M. Lakshmikanth, Indian Polity for Civil Services Examinations, 3rd ed., (New Delhi: Tata McGraw Hill Education Private Limited, 2011), p. 2.3 • Bipan Chandra, Mridula Mukherjee and Aditya Mukherjee. India Since Independence: Revised Edition. New Delhi: Penguin Books India, 2008. • Tayal, B.B. & Jacob, A. (2005), Indian History, World Developments and Civics, pg. A-23 • Basu, Durga Das (1988). Shorter Constitution of India. New Delhi: Prentice Hall of India. Basu, Durga Das (1993). Introduction to the Constitution of India. New Delhi: Prentice Hall of India. Web resources • https://www.jagranjosh.com/general-knowledge/the-constituent-assembly-of-india- 1434780545-1 • https://www.topperlearning.com • https://www.constitutionofindia.net › 116 CU IDOL SELF LEARNING MATERIAL (SLM)

UNIT - 5: FUNDAMENTAL DUTIES : FEATURES, KINDS AND EVALUATION Structure 5.0 Learning Objectives 5.1 Introduction 5.2 Entry of Fundamental Duties in the Constitution 5.2.1 Implications of Inclusion of Fundamental Duties 5.2.2 Type of Duties 5.3 11 Fundamental Duties 5.4 Importance and Features of Fundamental Duties 5.5 Swarna Singh Committee 5.6 Non-Justifiability of the Fundamental Duties 5.6.1 Suggestions by Verma Committee 5.6.2 Acts identified by Verma Committee 5.7 Significance of Fundamental Duties 5.8 Summary 5.9 Keywords 5.10 Learning Activity 5.11 Unit End Questions 5.12 References

5.0 LEARNING OBJECTIVES After reading this unit, you should be able to: • Describe the nature and meaning of Fundamental Duties. • Explore the section on Fundamental Duties to assess their implications for the rights guaranteed in the previous sections. • Discuss the inclusion of Fundamental Duties in the Constitution; • Explain the significance of Fundamental Duties. • Answer the examination oriented questions. 5.1 INTRODUCTION Our country India has the lengthiest written constitution in the world. In this, the rights of every person are kept in mind. However, the three organs of the State cannot make this country self-reliant until they get the proper support from the citizens as well. So there are certain fundamental duties which are expected from the citizens to be carried out. In this article, we will discuss the Fundamental Duties which are expected to be carried out by the citizens of our country. It is a moral obligation on the citizens to maintain the feeling of patriotism and unity among all the citizens of the country. Fundamental Duty is a concept which conveys a sense of moral responsibility and commitment to someone or to something. Swarna Singh Committee in 1976 recommended Fundamental Duties, the necessity of which was felt during the internal emergency of 1975-77. The Fundamental Duties are dealt with Article 51 A under Part-IV A of the Indian Constitution. It contains a charter of ten Fundamental Duties for citizens. The legal status of Fundamental Duties is quite similar to Directive Principles, which are instructions addressed to the State, and it is not legally bound to follow these instructions. The Fundamental Duties are also in the form of instructions, but they are addressed to the citizens; they too have no legal sanction in the sense that the State is not expected to monitor the citizens to see if the duties are being carried out. The individuals exercising their rights must respect the rights of other members of the community. Thus, a person cannot harm the religious sentiments of another person by way of speech or writing and assert that they are protected by their right to freedom of expression under Article 19. 118 CU IDOL SELF LEARNING MATERIAL (SLM)

42nd Amendment Act of 1976 added 10 Fundamental Duties to the Indian Constitution. 86th Amendment Act 2002 later added 11th Fundamental Duty to the list. Swarna Singh Committee in 1976 recommended Fundamental Duties, the necessity of which was felt during the internal emergency of 1975-77. The Fundamental Duties are dealt with Article 51A under Part-IV A of the Indian Constitution. People must perform different kind of duties in daily life duties towards their family, work place and ultimately modern state. In unit 4, you have read about the fundamental rights. They can be properly realized, if the citizens perform their fundamental duties. Thus, the fundamental rights and the fundamental duties are interlinked. No one can enjoy rights unless they perform their duties. To put it another way, if a person fulfils his or her duties then he or she must be in a moral position to get his/her basic rights. Several countries included Fundamental Duties in their constitutions, such as: Soviet Union, People’s Republic of China, India, Poland, Albania, Czechoslovakia, the Netherlands, Yugoslavia, the Democratic Republic of Vietnam, Japan and Italian Republic. The USSR was the first country of the world to adopt fundamental duties in its constitution. 5.2 ENTRY OF THE FUNDAMENTAL DUTIES IN THE CONSTITUTION Initially, the Indian Constitution did not have provisions of Fundamental Duties. But, Article 33 provided some Fundamental Duties. According to this Article, the armed forces and police were supposed to maintain discipline and perform duties even when Fundamental Duties were not part of Indian Constitution. The 42nd Constitutional Amendment in 1976 added a new section to Article on Fundamental Duties. The 42nd Amendment was passed during the period of Emergency (1975-1977). According to this Amendment, the people including those not belonging to armed forces and police were expected to perform certain Fundamental Duties. The 86th Constitutional Amendment in 2002 made Fundamental Duty of parents of children from 6-14 years of age to provide them education. This Amendment also made the education of the children as Fundamental Right. The Fundamental Duties enshrined in Article-51A have similarity with Article 29(1) of the Universal Declaration of Human Rights which states “everyone has duties to the community in which alone the free and full development of his personality is possible”. 119 CU IDOL SELF LEARNING MATERIAL (SLM)

5.2.1 Implications of Inclusion of Fundamental Duties Irrespective of the specific duties added by Article 51 A, the Constitution shows an expectation of 'responsible' participation by the people. The pledge to constitute India into a Sovereign, Socialist, Secular, Democratic Republic involves securing to all its citizens justice, liberty, equality and fraternity. Most Fundamental Rights provided by the Constitution are an expression of this 'solemn resolve' of the people of India as declared in the Preamble. Therefore, they include a corresponding duty so that the aims of equality, liberty, justice etc. are secured in a manner that the dignity of the individual is not affronted and national integrity not compromised. This in turn is geared towards achieving the dignity of the individual and national integrity. The fundamental duties which were added by the 42nd Amendment Act of the Constitution in 1976, in addition to creating and promoting culture, also strengthen the hands of the legislature in enforcing these duties vis-a-vis the fundamental rights. The list of 11 Fundamental Duties under article 51-A to be obeyed by every Indian citizen is given in the table below: 5.2.2 Type of Duties The provisions in Part- IV enable the Legislatures to impose various duties on the citizens. The duties which are incorporated in the Indian Constitution by the 42nd Amendment range from asking individuals to develop their personalities to seeking a meaningful role for the nation. Some of these duties enjoining individuals to strive towards excellence and developing scientific temper or safeguarding public property appear generally to inculcate sincerity and responsibility. Thus, it is duty of every citizen of India to respect symbols of national unity like the National Flag, the constitution and the National Anthem, and sources of common heritage like the 'national struggle for freedom' and the tradition of 'composite culture'. Citizens are also expected to preserve the 'sovereignty' and 'unity' of the country not only by pledging to 'defend' the country and offering 'national service' but also by spreading a feeling of 'common brotherhood'. Need for Fundamental Duties It is important to understand that no democratic system could ever succeed if the citizens are not willing to participate actively by discharging their duties which are expected to be done by them. Our Constitution has provided us with various rights and expects us to perform certain duties as a return. Article 51(A) talks about these Fundamental Duties and has 11 120 CU IDOL SELF LEARNING MATERIAL (SLM)

fundamental duties that are expected to be performed by the citizens (there were 10 earlier and 11th was added later by the 86th amendment). First, we will discuss these 11 fundamental duties and then we can move on to the next topic. We need to follow our Constitution and should respect our national flag and national anthem. • Should follow the ideals of the freedom struggle. • Protect the sovereignty and integrity of our nation. • Protect our nation and provide national services when required. • Should have the spirit of a common brotherhood. • Preserve the culture of our country. • Protect the environment of our country. • Generate scientific rationale for every thought. • To protect public property. • Strive for excellence. • It is the duty of every parent to send their children between 6-14 years to school. From these fundamental duties, one can easily understand the need for the fundamental duty in our constitution. It is required to protect the sovereignty of our nation. To maintain the unity and integrity of our nation. Rights and duties go hand in hand and cannot be separated at any cost. Fundamental duties and fundamental rights are two sides of a coin which we know that it can’t be separated. Also, it is found as the need of the hour to introduce fundamental duties in our constitution. Maintain the Sovereign Nature of State: The main aim of the insertion of fundamental duties was to maintain the sovereign nature of our state. Although these are not legally enforced then also provide some kind of sovereign power to our state. To maintain Unity and Integrity of the nation: In the current scenario, we can see that people are often talking about the term “intolerance”. They are relating intolerance with unity. According to them if the people become intolerant then the compatibility with other people will be affected and ultimately the unity among different people will be affected terribly. Our Fundamental Duties help in developing tolerance among the citizens and ultimately help in developing 121 CU IDOL SELF LEARNING MATERIAL (SLM)

the feeling of unity and integrity among the citizens of our country. In the interpretation of different statues which are made by the legislature: The Fundamental Duties help in the interpretation of the law/ statues made by the legislature. It is held in many cases that the need for Fundamental Duties in interpreting the Fundamental Right is pivotal. In the case of Mohan Kumar Singhania v. Union of India the court held that statues made according to Article 51(A) of our Constitution are valid. Thus from this, we can clearly see that Fundamental Duties help in interpreting the constitutional provision. In order to create a balance between the claims of the individual citizen and those of the civil society: A report was submitted by a committee led by late Justice J.S. Verma in the year 1999. The need for and importance of Fundamental Duties (especially under Article 51A) was explained by this committee. It can be found in recommendation no’s 3.38.1 and 3.38.2 of the report. According to this committee, it is important to create a balance between the expectations of individual citizens and to create a civil society. To achieve this goal, it becomes important to orient the citizens of our country to be aware of their social and citizenship responsibility. And by doing this we will ultimately end up by shaping the civil society (By term ‘civil society’, we mean that a society where all become concerned and considerate of the rights of fellow citizens). Needed for the current situation: When our Constitution was drafted by our Constitution makers they found that they didn’t need to insert the fundamental duty in our constitution. But as time passes the need and importance of Fundamental Duty was felt that is why they were inserted later by 42nd Amendment in our Constitution. Earlier the feeling of patriotism, harmony, feeling to promote brotherhood, secularism was inherent and there was no need to put any moral or legal obligation on the citizen to the same. The feeling of serving the country and defending the country at any cost was there among the citizens of the country. The people were willing to protect the rich heritage of Indian culture. However, as time passed people were lacking these qualities. Earlier the above qualities were taught by the family and also by the teachers in school and colleges. But with the passage of time, all the people become so busy in their life that they forget to inculcate these values among themselves. Those qualities which were once an integral part of the life of the citizens of India were found to be enforced in the form of Fundamental Duties. In Chandra Bhavan Boarding and Lodging Bangalore v. State of Mysore And Another, the Supreme Court held that it is not possible for our constitution to protect all the rights of citizens without assigning certain duties to its citizens. However, this decision was taken before the insertion of fundamental duties in the Indian Constitution. It clearly explains the need for 122 CU IDOL SELF LEARNING MATERIAL (SLM)

fundamental duties for making a welfare society. Fundamental Duties 1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the National Anthem 2. Cherish and follow the noble ideals that inspired the national struggle for freedom 3. Uphold and protect the sovereignty, unity and integrity of India 4. Defend the country and render national service when called upon to do so 5. 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 6. Value and preserve the rich heritage of the country’s composite culture 7. Protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures 8. Develop scientific temper, humanism and the spirit of inquiry and reform 9. Safeguard public property and to abjure violence 10. Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement 11. Provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002 The Fundamental Duties form an important topic for IAS Prelims as can be seen from the past year question papers. Aspirants preparing for UPSC 2021 are advised to cover the topic with all facts and figures. The topic once understood can fetch you a great score in prelims and mains both. Importance of Fundamental Duties- Part IV-A Fundamental Duties are an inalienable part of fundamental rights. The importance of these is given in the table below: Importance of Fundamental Duties 1. They remind Indian Citizens of their duty towards their society, fellow citizens and the 123 CU IDOL SELF LEARNING MATERIAL (SLM)

nation 2. They warn citizens against anti-national and anti-social activities 3. They inspire citizens & promote a sense of discipline and commitment among them 4. They help the courts in examining and determining the constitutional validity of a law Source of Fundamental Duties Nowadays we can clearly see that people will start protesting and how often it becomes violent. There are many instances where any protest became violent and people start vandalizing public property and start disrespecting the government. Here citizens go beyond the line and often forget their moral duty towards the nation. There was a similar condition in our country during the National Emergency of 1976 where the then ruling party of our country i.e., Indian National Congress formed the Sardar Swarna Singh Committee. The main purpose of this committee was to suggest the amendment in the Constitution of India (mainly for the recommendations of fundamental duties). This committee suggested that the citizens should know that for the enjoyment of their rights they also have some duties and they should be abided by those duties. This committee recommended 8 points of fundamental duties. These were as follows: • To respect the constitution of our country. • To uphold the sovereignty and maintain unity and integrity of the nation. • To respect the democratic institutions. • To protect our country and provide national services when asked to do so. • Affirm communalism in any form. • To promote the common good of people and cooperate in the implementation of the Directive Principle of State Policy. • To safeguard public property. Pay taxes according to rules and regulations. However, all of the recommendations were not accepted and some further changes were made to the recommendations of the Swarna Singh Committee and Fundamental Duties were finally inserted by the 42nd amendment in the Indian Constitution in the year 1976. However, initially, there were only ten fundamental duties and the 11th duty was added later 124 CU IDOL SELF LEARNING MATERIAL (SLM)

by the 86th amendment in 2002. Many countries in this world have the fundamental duty mentioned in their constitution. For example, Articles 43-45 of the Democratic Republic of Vietnam talks about the duties of citizens towards the nation. Similarly, Article 194 of The Netherlands also mentions about the same. Japan has also mentioned the fundamental duty of the residents of the country. The idea of Fundamental Duties which has been mentioned in our constitution is basically taken from the constitution of Russia (then USSR). These fundamental duties are mentioned in Chapter 10 of the Constitution of the USSR. The concept of Fundamental Duties has also been discussed in the Universal Declaration of Human Rights and also in the International Covenant on Civil and Political Rights. Enforcement of Duties Directive Principle of State Policy (which is given in Chapter IV of the Indian Constitution) and Fundamental Duties needs to be read together. Both have a moral obligation on the state and citizens respectively. Fundamental Duties do not have any legal devour for its violation. There are six positive duties which are expected to be done by the citizens of our country and there are five negative duties which are not expected to be carried out by the citizens. There is no legal enforceability for its breach, it is because of the nature of the Fundamental Duties. We can clearly understand that it is practically impossible to enforce these duties. It is important to know that Fundamental Duties are only enforceable for the citizens holding public offices. It is possible by way of departmental rules of conduct and by making suitable legislation. There are appropriate sanctions for the breach of Fundamental Duties in Public Offices. There are many places in India where a person holding public office can be barred from departmental promotions, also their increment can be refused. An officer who takes part in strikes and organized a rally against the institution can be made to give up his salary for that day. 125 CU IDOL SELF LEARNING MATERIAL (SLM)

5.3 11 FUNDAMENTAL DUTIES Fig 5.1 11 Fundamental Duties There are 11 Fundamental Duties of the citizens of India. They are as follows: 1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the National Anthem. 2. Cherish and follow the noble ideals which inspired our national struggle for freedom. 3. Uphold and protect the sovereignty, unity and integrity of India. 126 CU IDOL SELF LEARNING MATERIAL (SLM)

4. Defend the country and render national service when called upon to do so. 5. 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. 6. Value and preserve the rich heritage of our composite culture. 7. Protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. 8. Develop the scientific temper, humanism and the spirit of inquiry and reform. 9. Safeguard public property and to abjure violence. 10. Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement. 11. Provide opportunities for education to his child between the age of six and fourteen years. 5.4 IMPORTANCE AND FEATURES OF FUNDAMENTAL DUTIES The Fundamental Duties have some important features as given below: 1. Fundamental Duties are both civic and moral in nature. a. Civic duty: Respecting the Constitution, National Flag and National Anthem b. Moral duty: cherishing noble ideas of freedom struggle 2. It emphasized on the Indian way of life especially respecting and preserving Indian culture. 3. They warn citizens against anti-national and anti-social activities. 4. This provision is not applicable upon the foreigners, only citizens of India will obey these constitutional duties. 5. Promote a sense of discipline and commitment among citizens. 6. There are clear differences between Fundamental Rights and Fundamental Duties. 127 CU IDOL SELF LEARNING MATERIAL (SLM)

7. It is non-justiciable and non-enforceable. 8. They help the courts in examining and determining the constitutional validity of a law. Criticism of Fundamental Duties The Fundamental Duties mentioned in Part IVA of the Constitution have been criticized on the following grounds: • They have been described by the critics as a code of moral precepts due to their non- justiciable character. Their inclusion in the Constitution was described by the critics as superfluous. This is because the duties included in the Constitution as fundamental would be performed by the people even though they were not incorporated into the Constitution. • Some of the duties are vague, ambiguous and difficult to be understood by the common man. • The list of duties is not exhaustive as it does not cover other important duties like casting vote, paying taxes, family planning and so on. In fact, the duty to pay taxes was recommended by the Swarna Singh Committee. • The critics said that the inclusion of fundamental duties as an appendage to Part IV of the Constitution has reduced their value and significance. They should have been added after Part III so as to keep them on par with Fundamental Rights. • Swarna Singh’s Committee recommended more than 10 Fundamental Duties, however, not all were included in the Constitution. Those duties recommended by the committee which were not accepted were: 1. Citizens to be penalized/punished by the parliament for any non-compliance with or refusal to observe any of the duties. 2. The punishments/penalties decided by the Parliament shall not 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. 3. Duty to pay taxes. 128 CU IDOL SELF LEARNING MATERIAL (SLM)

5.5 SWARAN SINGH COMMITTEE The 42nd Constitutional Amendment was made in the light of the recommendations of the Swarna Singh Committee Report. Indira Gandhi Government established The Swarna Singh Committee in 1976. The Chairman of the Committee was Swarna Singh. The Committee had recommended incorporating new part in the Constitution of India on the Fundamental Duties of the Indian citizen. Based on the recommendations of the committee government brought few changes to the constitution through amendment of the constitution and that came into effect on 3 January,1977. The Swarna Singh Committee suggested eight items to be incorporated in the constitution as duties of the citizen. These are as follows: 1. To respect and abide by the constitution and the laws. 2. To defend the country and to render national service including military service when called upon to do so. 3. To abjure communalism in any form. 4. To uphold the sovereignty of the nation and to function in such a way as to sustain and strengthen its unity and integrity. 5. To respect the democratic institutions enshrined in the constitution, and not to do anything which may impair their dignity or authority. 6. To render assistance and cooperation to the State in the implementation of Directive Principles of State Policy, and to promote the common good of the people so as to sub serve the interests of social and economic justice. 7. To abjure violence; to protect and safeguard public property and not to do anything which may cause damage or destruction to such property. 8. To pay taxes according to the law. However, then Congress government led by Prime Minister Indira Gandhi did not accept all suggestions or recommendations made by the Swarna Singh Committee. 5.6 NON-JUSTIFIABILITY OF THE FUNDAMENTAL DUTIES The Fundamental Duties are non-enforceable and non-justiciable. There is no provision in the constitution for direct enforcement of these duties, which means that no citizen can be 129 CU IDOL SELF LEARNING MATERIAL (SLM)

punished by a court for violation of a Fundamental Duty. Fundamental Duties are like Directive Principles of State Policy of Part-IV. Fundamental Duties were not placed at the end of Part-III of Indian Constitution which is justiciable but included in Part-IVA that is non-justiciable and non-enforceable. India’s case is different from some other examples regarding the enforceability of the Fundamental Duties. These examples included erstwhile USSR, Yugoslavia and Albania. Unlike India, constitutions of these countries made Duties legally enforceable. Most of Fundamental Duties have been included in Indian Constitution on according to the recommendations of Swarna Singh Committee Report. V.K.R.V. Rao (Rao and Singh 1976) criticized the recommendations of Swarna Singh Committee Report on the basis that Fundamental Duties cannot be followed if there is no legal action for their violation. He argued that people lack courage and willingness to obey duties. In 1998 on the need to obey Fundamental Duties, the Supreme Court of India issued a notice to the Government of India enquiring about its plan to teach Fundamental Duties to the citizens of the country. In response to this notice, Government of India established a committee under the chairmanship of Justice J S Verma Committee, known as Verma Committee on Fundamental Duties of the Citizens (1999) to examine operational aspects of Fundamental Duties and recommend steps which can teach and educate people about the need to obey Fundamental Duties. 5.6.1 Suggestions by Verma Committee The Verma Committee made the following suggestions: 1. Every individual should obey and promote Fundamental Duties as they will raise standards of the citizen in public life. 2. They should be as open as possible about all the decisions and actions which were taken by them. 3. Public office holders should avoid selfishness or nepotism. Their foremost priority must be to serve public interests rather than individual interests. 4. Integrity should be the main principle in the functioning of public office. 5. Holders of public office must be accountable for their decisions and actions to the public. 6. Public officials should maintain honesty while in office. 130 CU IDOL SELF LEARNING MATERIAL (SLM)

7. Leadership is very important in the sense that holders of public office should promote these principles by leadership skill and set an example. The foundation of society and nation can be strengthened by Fundamental Duties. But mere legislation is not enough to fulfil them. For an effective fulfillment of duties an effective implementation of the rules is essential. This will be possible only if favourable attitudes and commitment to obey duties are created among the citizens of India. 5.6.2 Acts identified by Verma Committee To increase the awareness among the people of India concerning Fundamental Duties, Verma Committee had identified few existing acts by which a proper implementation of such duties can be accomplished. These are discussed below: 1. The Representation of People Act, 1951: If any person is found involved with corrupt activities his/her membership of the Indian Parliament or State Legislatures can be rejected. 2. The Protection of Civil Rights Act, 1955: Offenders who practice untouchability must be punished in accordance with the act. 3. The Unlawful Activities Protection Act, 1967: Sectarian organizations within the national boundaries of the country must be banned in view of making a peaceful and stable society. 4. The Prevention of Insults to National Honour Act, 1971: By this act insults and disrespects of the national anthem, flag, the constitution of the land have been firmly prohibited. 5. The Wildlife Protection Act, 1972: It aims at protecting and preserving rare and the perishing animals, birds and plants. For this reason, this act strongly prohibits the illegal trading of animals. 6. The Forest Conservation Act, 1980: The act strongly prohibits the destruction of natural forest. It also prohibits the usage of forest for other human activities. For effective fulfilment of duties, the Supreme Court of India has issued directions to governments to create a favourable environment. In this regard, the Supreme Court directed the Central Government in August 2003 to implement the recommendations of the National Commission to review the working of the Constitution (2000) and Verma Committee 131 CU IDOL SELF LEARNING MATERIAL (SLM)

(1999). Anupama Rao criticized the recommendations of Justice Verma Committee Report in an article published in Economic and Political Weekly (2003). She argues that Justice Verma’s report puts disproportionate emphasis on duties of citizens in relation to the state and nation. Such emphasis on duties undermines citizens as equals, and duty as a precondition for citizenship. 5.7 SIGNIFICANCE OF FUNDAMENTAL DUTIES Fundamental Duties have moral, social and economic significance. If a citizen performs his/her duties properly then he/she has moral claims on his/her rights. Fulfilment of duties can help in sustenance of environment and economic development. During past some decades the consciousness and realization to fulfil Fundamental duties has increased in India. The court and civil society organizations, political parties and governments have also underlined the significance of Fundamentals Duties for overall development of society. The Fundamental Duties were included in the Constitution through 42nd Amendment passed by Indira Gandhi government during Emergency. The Morarji Desai government which was formed by the opponent of Indira Gandhi did not change the provisions about the Fundamental Duties. This indicated the importance given to Fundamental Duties across political parties. Acknowledging the significance of Fundamental Duties Supreme Court said that it was intended to regulate behaviour and to inspire fellow citizens to strive towards excellence. Constitution Review Commission chaired by M.N. Venkatachaliah recommended some initiatives to be taken by the government for the successful implementation of Fundamental Duties. Some of his recommendations included are as follows: 1. The Union and State governments should inform the people and create general awareness about Fundamental Duties amongst the citizens. 2. Right to freedom of religion and other freedoms must be guarded. 3. Rights of minorities and fellow citizens must be respected. 4. People should actively participate in the democratic process of governance and be made aware about their duty to vote in elections and pay taxes. 5. Recommendations of Justice Verma Committee on operationalization of Fundamental Duties of Citizens should be implemented at the earliest. 132 CU IDOL SELF LEARNING MATERIAL (SLM)

6. The industrial organizations should provide education to children of their employees. 5.8 SUMMARY Fundamental Duties lead to national integration, unity and cultural harmony among the members of different castes and creeds within Indian society. Although USSR was the first country in the world to adopt Fundamental Duties in its Constitution, but now both communist and non-communist countries of the world have provisions for Fundamental Duties. Fundamental Duties were first included in the constitution only through 42nd Constitutional Amendment Act (1976). Initially, except for the armed forces and police, Fundamental Duties were not mentioned in the Indian Constitution. These were introduced following their commendations of the Swarna Singh Committee’s recommendations. Later, in the 86th Constitutional Amendment it was a Fundamental Duty of parents to provide education to children in age group 6-14 years. There are differences between Fundamental Duties and Fundamental Rights. On the one hand, Fundamental Rights are enforceable and justiciable by the court, whereas, on the other hand Fundamental Duties cannot be legally enforced. V.K.R.V. Rao had an opinion that for effective implementation of the Article- 51A, there should be provisions for punishing those who violated their Fundamental Duties. Fundamental Duties have greater relevance in the 21st century. 5.9 KEYWORDS • Non-justiciable - not capable of being decided by legal principles • Non-enforceable - failure or refusal to carry out something • Sovereign – supreme 133 CU IDOL SELF LEARNING MATERIAL (SLM)

5.10 LEARNING ACTIVITY 1. Make a concise note on Fundamental Duty. _________________________________________________________________________ _____________________________________________________ 2. Conduct a debate on Do we really fulfil our fundamental duties? _________________________________________________________________________ _____________________________________________________ 5.11 UNIT END QUESTIONS A. Descriptive Questions Short Answer 1. Name two countries that included Fundamental Duties in their constitutions. 2. How are Fundamental Rights and Fundamental Duties different from each other? 3. The Fundamental Duties are dealt with which Article of the Indian Constitution? 4. Which amendment made the education of the children, under age 6-14 years, as Fundamental Right? 5. Write a few lines about the Fundamental Duties for protection of environment. Long Answer 1. Write any 6 Fundamental Duties of the citizens of India. 2. What were the suggestions given by M.N. Venkatachaliah? 3. Explain Swarna Singh Committee Report in detail along with the duties of the citizens to be incorporated in the constitution. 4. Explain all the acts identified by Verma Committee? 134 CU IDOL SELF LEARNING MATERIAL (SLM)

5. Explain the 42nd and 86th Constitutional Amendment in detail. B. Multiple Choice Questions 1. The 42nd Constitutional Amendment was held in which year? a. 1978 b. 1975 c. 1976 d. 1974 2. What do you mean by civic duty? a. Cherishing noble ideas of freedom struggle b. Respecting the Constitution, National Flag and National Anthem c. Respecting all the cultures and religions d. All of these 3. Who said that there should be provisions for punishing those who violated their Fundamental Duties? a. M.K. Gandhi b. Swarna Singh c. Morarji Desai d. V.K.R.V. Rao 4. In which year was the Forest Conservation Act identified? 135 CU IDOL SELF LEARNING MATERIAL (SLM)

a. 1980 b. 1984 c. 1986 d. 1985 5. Who recommended that the industrial organizations should provide education to children of their employees? a. Morarji Desai b. M.N. Venkatachaliah c. M.K. Gandhi d. Indira Gandhi Answer 1-c; 2-b; 3- ; 4-a; 5-b 5.12 REFERENCES • Basu, D.D. (1960). Introduction to the Constitution of India. Calcutta, India: S.C. Sarkar & Sons Pvt. Ltd. • Bhagwan, Vishnu, Vidya Bhushan &Vandana Mohla. (1984). World Constitutions: A Comparative Study, (reprint 2014). New Delhi, India: Sterling Publishers Pvt. Ltd. • Chagla, M. C. P.B. Mukherji& Others (1977). Constitutional Amendments- A Study. Calcutta, India: Rupak Publishers. • Granville, Austin (1966). The Indian Constitution: Cornerstone of a Nation. Bombay, India: Oxford University Press. 136 CU IDOL SELF LEARNING MATERIAL (SLM)

• Pylee, M.V. (2014). India’s Constitution, (reprint). New Delhi, India: S. Chand & Company Pvt. Ltd. • Rajaram, Kalpana. (2005). Indian Polity, (revised). New Delhi, India: Spectrum Books Pvt. Ltd. • Raman, Sunder. (1977). Fundamental Rights and the 42nd Constitutional Amendment. Calcutta, India: Minerva Associates Publications Pvt. Ltd. • Rao, Anupama (2003). “Making Good Citizens: Teaching Fundamental Duties in Schools”. Economic and Political Weekly, July 21, pp. 2470-2743. • Rao, V. K. R. V. & Sardar Swarna Singh. (1976). Fundamental Duties and Directive Principles Under the Proposed Amendments to the Constitution. India International Centre Quarterly, 3(4): 266-284. Web resources • https://www.jagranjosh.com/general-knowledge/the-constituent-assembly-of-india- 1434780545-1 • https://www.topperlearning.com • https://www.constitutionofindia.net › 137 CU IDOL SELF LEARNING MATERIAL (SLM)

UNIT – 6: DIRECTIVE PRINCIPLES OF THE STATE POLICY IN INDIAN CONSTITUTION Structure 6.0 Learning Objectives 6.1 Introduction 6.2 Genesis of Directive Principles of State Policy 6.3 Amendments to Directive Principles of State Policy 6.4 Execution of Directive Principles of State Policy 6.5 Limitations of Directive Principles of State Policy 6.6 Directive Principles of State Policy & Fundamental Rights: A Comparison 6.7 Summary 6.8 Keywords 6.9 Learning Activity 6.10 Unit End Questions 6.11 References 6.0 LEARNING OBJECTIVES After studying this unit, you should be able to • Describe evolution of Directive Principles of State Policy; • Categorise Directive Principles of State Policy; • Discuss amendments to Directive Principles of State Policy; • Compare Directive Principles of State Policy and Fundamental Rights; • Describe limitation of Directive Principles of State Policy.

6.1 INTRODUCTION In this unit, you will learn about non-justiciable rights, i.e. Directive Principles of State Policies. This unit will explain that there is a difference between justiciable and non- justiciable rights. The former can be restored by the court in case of their violation. The latter cannot be claimed in the court, if the state does not implement the provisions of Directive Principals of State Policy. Fundamental Rights envisage a liberal democratic State, and the Directive Principles of State Policy embody principles of a welfare state. The Directive Principles of State Policy are mentioned in Articles 36-51, Part IV of the Constitution. Their main purpose is to archives social and economic development of all sections of the society, aiming to set up an egalitarian society. In Granville Austin’s views, Directive Principles of State Policy have been helpful in achieving the constitutional goals of social, economic and political justice to all. Fig 6.1 6.2 ORIGIN OF DIRECTIVE PRINCIPLES OF STATE POLICY As you have read in unit 4, the Fundamental Rights were incorporated in the Constitution according to the suggestions of Rights Sub-committee of the Constituent Assembly. Apart from giving suggestions on the Fundamental Rights, this Sub-committee gave suggestions on Directive Principles of State Policy. Indeed, there has been a debate in the Constituent Assembly whether the rights should be divided into two parts – justiciable and non- justiciable or Fundamental Rights and Directive Principles of State Policy. They provide 139 CU IDOL SELF LEARNING MATERIAL (SLM)

directives or instructions to the state to introduce the policies about the welfare of different sections of the society. Granville states that four members of the Constituent Agency played decisive role in framing Directive Principles of State Policy – B.N. Rau, A.K. Ayyar, B.R. Ambedkar and K.T. Shah. Among them B.N. Rau was “the most influential”. The origin of Directive Principles of State Policy can be traded to Karachi Resolution, and socialist and nationalist ideas which were prevent from the 1920s in India. As you have read in unit 4, the Sapru Committee suggested that rights should be divided between two parts – justiciable and non-justiciable. Even the Right Sub-Committee made these suggestions. At the time of discussion on Directive Principles of State Policy in India, the inclusion of provisions about state’s role in social and economic development of society was not exception to India. For instance, provisions of Directive Principles of State Policy were borrowed from the Irish constituent. In opinion of Granville Austin, they attracted the attention of “a wide range of Assembly members”. Hindu outlook and Gandhian ideas also influenced the decision to include provisions of social, economic and political development of people. After serious deliberations, the Constituent Assembly included in Part IV of the Constitution. A list of Directive Principles of State Policy is given below. Fig 6.2 Directive Principles of State Policy – Part IV 140 CU IDOL SELF LEARNING MATERIAL (SLM)

Articles No. Subject-Matter 36 Definition of the 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 39 A. Equal Justice and free legal aid 40. Organization of village Panchayats 41. Right to work, to education and to public assistance in certain cases 42. Provisions for just and humane conditions of work and maternity relief 43. Living wages, etc. For workers 43 A. Participation of workers in the management of industries 43 B. Promotion of co-operative societies 44. Uniform civil code for the citizens Policy 45. Promotion for early childhood care and education to children below the age of six years 46. Promotion of educational and economic interests of Scheduled Castes, Schedules 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 141 CU IDOL SELF LEARNING MATERIAL (SLM)

48. Organization of agricultural and animal husbandry 48 A. Protection and improvement of environment and safeguarding 49. of forests and wildlife 50. Protection of monuments and places and objects of national 51. importance Separation of Judiciary from Executive Promotion of international peace and security Durga Das Basu classifies the Directive Principles of State Policy into three groups. First, certain ideals, which the members of the Constituent Assembly expected the state to achieve. These ideals especially, were economic. Second, certain directions to the Legislatures and the Executive which they were expected to follow for exercising their legislative and executive powers. Third, certain rights of the citizens were not be enforceable by the Courts like the Fundamental Rights, but which could be implemented by the state through it legislative and administrative policies. Apart from the articles mentioned in Part IV of the constitution, there are some other articles in the constitution which enjoin on the state the task to make certain policies for people and non-justiciable in nature. Such articles are Articles 335, 350A and 351. According to Article 335, 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 affairs of the Union of a State. Article 350 A suggests that every state and every local authority within state will provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups. Article 351 enjoins the Union to promote the spread of Hindi language and to develop it so that it may serve as a medium of expression of all elements of the composite culture of India. 142 CU IDOL SELF LEARNING MATERIAL (SLM)

Fig 6.3 Fundamental rights Vs. Directive principles of state policy 6.3 AMENDMENTS Some new clauses were added through constitutional amendments to the articles about the Directive Policy. These amendments made the list of articles about Directive Principles of State Policy more inclusive of social welfare. The 42nd Amendment Act of 1976 added four new subjects that required the State to secure healthy development of children (Article 39), to promote equal justice and to provide free legal aid to the poor (Article 39 A), to secure participation of workers in the management of industries (Article 43 A), to protect the environment, forests and wildlife (Article 48 A). 143 CU IDOL SELF LEARNING MATERIAL (SLM)

Fig 6.4 AMENDMENTS The 44th Amendment Act of 1978 added the Article 38 that required the State to minimize inequalities in income, status, facilities and opportunities. The 86th Amendment Act of 2002 modified the content of Article 45 which required the State to provide early childhood care and education for all children until they complete the age of 6 years and was directed in making education a fundamental right under Article 21 A. The 97thAmendment Act of 2011 added Article 43 B which required the State to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies. 6.4 EXECUTION Since Independence, various central state and governments in India have enacted several acts, launched schemes and programmes, and set up commissions according to Directive Principles of State Policy. The Planning Commission (which has been abolished and replaced by Niti Ayog) aimed to bring about social and economic equity and justice through its Five-Year Plans. Introduction of land reforms in several states which included as Zamindari Abolition, tenancy reforms, ceilings on land holdings, cooperative farming reduced inequalities in rural society. The governments introduced several measures to help the underprivileged sections. Such measures included acts to protect the interests of the poor: ensuring minimum wages to workers, protecting contract workers, providing free legal aid to the poor, abolition of child labour, abolition of bonded labour, resolution of industrial disputes, etc. For helping women these measures included: acts about maternity benefits and equal remuneration act was passed to protect the interests of women. The government passed acts for protection of wildlife and conservation of forest and set up central and state pollution boards to protect environment. The government set up Khadi and Village Industries Board, Handlooms and Handicrafts Boards to develop cottage industries. It enacted laws for protection of ancient and historical monument and archaeological sites and remains, and places of national importance. To protect the interests of the SCs, STs and OBCs reservations have been given to them in government jobs and political institutions. And laws have been enacted for protection of civil rights and prevention social exploitation. Establishment of village panchayats and reservations for weaker sections in them has empowered them. Programmes such as Community Development Programme, Hill Area Development Programme, Minimum Needs Programme, IRDP (Integrated Rural 144 CU IDOL SELF LEARNING MATERIAL (SLM)

Development Programmes), MNREGA (Mahatma Gandhi National Rural Employment Guarantee Act) and NRHM (National Rural Health Mission), etc. have resulted in social and economic inclusion of people. 6.5 LIMITATIONS The main limitation of Directive Principles of State Policy is that the state is not legally bound to implement them. This is despite the fact that the state has moral duty to implement them and they are accommodated in the constitution. Exemption of Directive Principles from being justiciable may make the state vulnerable to the pressure of politically and economically influential groups in the society. Some members of the Constituent Assembly underlined their limitations, especially regarding their being non-justiciable. K.T. Shah commented that the limitation would make Directive Principles of State Policy ‘pious wishes’. T.T. Krishnamacharya described them as “a veritable dustbin of sentiment”. K.Santhanam, asserted that the Directives could lead to conflicts between Centre and States, Prime Minister and President, Governor and Chief Minister in terms of direction, guidance, legislation, assent, enforcement with regard to the problem of non-compliance and discretion. 6.6 COMPARISON OF DIRECTIVE PRINCIPLES OF STATE POLICY AND FUNDAMENTAL RIGHTS After having read about Fundamental Rights in unit 4 and about Directive Principles of State Policy in this unit, it will be interesting to compare them. Both have some similarities and differences. They share some goals: protection of rights and welfare of people or social revolution. Granville Austin terms both – Fundamental Rights and Directive Principles of State Policy, as the conscience of the constitution. Both emerged in the similar situations. Both are rooted in freedom struggle. Timings and circumstances of origin of the both were same: from the 1920s when ideas of socialism became popular, and the Congress frequently raised demands for granting of rights to Indians leading to formation of the Rights sub- committee in the Constituent Assembly. As you have read, suggestions to include Fundamental Rights and Directive Principles of State Policy in the constitution were made by the same Right Sub-committee. Indeed, in the Constituent Assembly, there was little disagreement on principles of Fundament Rights and Directive Principles. The differences 145 CU IDOL SELF LEARNING MATERIAL (SLM)

were more on techniques. However, despite the similarities between them, there is a basic difference between Fundamental Rights and Directive Principles of State Policy. The Fundamental rights are negative, and Directive Principles of State Policy are positive. It means that Fundamental Rights deny (something negative) the state the authority to encroach upon these rights. It also means that Directive Principles of State Policy are not about denial but about providing (something positive) benefits from the state to the people. As you have read, Fundamental Rights are justiciable, and Directive Principles of State Policy are non-justiciable. But Austin argues that despite being non-justiciable, the Directive Principles of State Policy are “fundamental in governance of the country”. The fundamental rights promote welfare of the individuals and groups, and provide personal and political rights. Directive Principles of State Policy is concerned about the welfare of the community. The fundamental rights do not need any legislative act to enforce them legally, while the Directive Principles of State Policy come into effect only when it is legally implemented. The justiciability and enforceability of the fundamental rights have given it an upper hand, and thus in cases involving an apparent conflict between Fundamental Rights and Directive Principles, it is the former that will prevail. However, the provision on Directive Principles of State Policy terms them as fundamental and imposes a moral obligation on the State for its application and this at times has created a legal and political dilemma. This conflict on whether the Fundamental Rights were superior to Directive Principles of State Policy manifested in the Champakam Dorairajan case in 1951. In this case, the Supreme Court ruled that in cases involving a conflict between Fundamental Rights and Directive Principles of Sate Policy, it is the former that will prevail. The Golaknath case of 1967 and Kesavanand Bharati case of 1973 further established the superior positions of the Fundamental Rights in comparison to Directive Principles of State Policy. According to Kesavanand Bharati case, the former cannot be amended. The question as to Fundamental Rights were superior to Directive Principles of State Policy was settled in the Minerva Mills case of 1980. In this case, the Supreme Court made an important observation regarding the relationship between the Fundamental Rights and Directive Principles of State Policy. The court observed “the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and Directive Principles. They together constitute the core of commitment to social revolution. They are like two wheels of a chariot, one no less than the other. To give absolute primacy to one over the other is to disturb the harmony of the Constitution. This harmony and balance between the two is an 146 CU IDOL SELF LEARNING MATERIAL (SLM)

essential feature of the basic structure of the Constitution. The goals set out by the Directive Principles have to be achieved without the abrogation of the means provided by the Fundamental Rights”. 6.7 SUMMARY • Directive Principles of State Policy are provisions which give direction or instructions to the state to enact policies for social, economic and political empowerment of people. • They seek to establish an egalitarian society. • They are different from Fundamental Rights in the sense they are non-justiciable while the Fundamental Rights are justiciable. • The idea about Directive Principles of State Policy can be traced to Karachi resolution to the ideals of socialism and nationalism from the 1920s. Irish constitution, Hindu ideals and Gandhian philosophy influenced Directive Principles to a considerable extent. • The Sapru Committee made suggestions to distinguish rights as justiciable and non- justiciable rights. • The Right sub-Committee of the Constituent Assembly also suggested making a distinction between Fundamental Rights as justiciable rights Directive Principles of State Policy as non-justiciable right. • The Constituent Assembly included the suggestions of Right Sub-committee as Directive Principles of State Policy in the Constitution after debating them. They are included in the Part IV, the Articles 36-51. • The 42nd, 43rd ,86th and 97th Constitutional amendments expanded their scope. Exclusion of the Directive Principles of State Policy from being justiciable limits the scope of social welfare. 6.8 KEYWORDS • Amendment: a minor change or addition designed to improve a text, piece of legislation, etc. 147 CU IDOL SELF LEARNING MATERIAL (SLM)

• Fundamental rights: The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians and prevent the State from encroaching an individual's liberty while simultaneously placing upon it an obligation to protect the citizens' rights from encroachment by society. 6.9 LEARNING ACTIVITY 1. Collect details on Chief Election Commissioner of Election Commission. _________________________________________________________________________ _____________________________________________________________________ 6.10 UNIT END QUESTIONS A. Descriptive Questions Short Answer 1. How many members are there currently in the Election Commission? 2. Which Article in the Indian Constitution provides for an Election Commission in India? 3. What is the tenure of office for the Chief Election Commissioner? 4. Who appoints the Chief Election Commissioner of Election Commission? 5. Who acts as the district returning officer for the Election Commission, at the district level? Long Answer 1. What was the Rights Sub-Committee? 2. Trace the origin of Directive Principles of State Policy. 3. Compare Fundamental Rights and Directive Principles of the State Policy. 4. What are the limitations of Directive Principle of the State Policy? 5. Differentiate fundamental rights and directive principles of state policy? 148 CU IDOL SELF LEARNING MATERIAL (SLM)

B. Multiple Choice Questions 1. Directive principles of State Policy is mentioned in ……. of the Indian constitution. a. Part I b. Part VI c. Part VIII d. Part IV 2. Which of the following are listed as a Directive Principle of State policy? (i) freedom in the economic field for the interest of the consumer and producer (ii) Regulation of economic system of the country to prevent concentration of wealth and means of production (iii) To ensure decent standard of living and facilities of leisure for all workers (iv) To protect and improve the environment and to safeguard forests and wildlife a. (ii) and (iii) b. (ii), (iii) and (iv) c. (ii), (iv) d. (iii), (iv) 3. Which group of the following articles of the Indian Constitution contains Directive principles of State policy? a. 36-51 b. 28-48 149 CU IDOL SELF LEARNING MATERIAL (SLM)

c. 42-56 d. 30-49 4. Which of the following article of the Constitution is directed to establish Uniform Civil Code? a. Article 45 b. Article 39 c. Article 44 d. Article 40 5. Which of the following Supreme Court decisions stated that the Directive Principles of State policy cannot override fundamental rights? a. In State of Madras Vs. Champakam Dorairajan b. In Keshavananda Bharti vs. UOI c. In Minerva Mills vs. UOI d. In Unna Krishnan vs. State of Andhra Pradesh 6. Which Article in the Indian Constitution provides for an Election Commission in India? a. Article 324 b. Article 128 c. Article 256 d. Article 378 150 CU IDOL SELF LEARNING MATERIAL (SLM)