Fundamentals Rights, Directive Principles and Fundamental Duties are some of the important features of the Indian Constitution. Indian constitution guaranteed Fundamental Right. The Importance of Article 51A of fundamental duties, will not be complete without discussing the Fundamental Rights and Directive Principles of our State Policy. Indian Constitution not only guarantees Fundamental Rights but it imposes some Fundamental Duties upon the citizens. Article 51A contains Fundamental Duties. Without understanding Fundamental Rights, article 51A of Fundamental Duties of the Indian constitution is meaningless. Indian citizens have Fundamental Duties and Fundamental Rights. We will explain only the main points of each of them briefly.
THE FUNDAMENTAL RIGHTS
Part –III of the Constitution of India contains Articles 12 to 35 under the Heading “FUNDAMENTAL RIHGTS”, which are as follows:-
Article 12 – Definition of State
Article 13 – Laws inconsistent with or in derogation of the Fundamental Rights
Right to Equality
Article 14 – Equality Before Law
Article 15 – Prohibition of discrimination on grounds of religion, caste, race, sex or place of birth
Article 16 – Equality of opportunity in matters of public employment
Article 17 – Abolition of un-touchability
Article 18 – Abolitions of Titles
Right to Freedom
Article 19 – Protection of Certain rights regarding freedom of speech and expression
Article 20 – Protection in respect of conviction for offences
Article 21A – Right to Education
Article 22 – Protection against arrest and detention in certain cases Right
Article 23 – Prohibition of traffic in human beings and forced labor
Article 24 – Prohibition of employment of children in factories Right to Freedom of Religion.
Article 25 – Freedom of Conscience and free profession, practice and
Propagation of religion
Article 26 – Freedom to manage religious affairs
Article 27 – Freedom as to payment of taxes for promotion of any particular religion
Article 28 – Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
Cultural and Educational Rights
Article 29 – Protection of interests of minorities
Article 30 – Rights of minorities to establish and administer Educational Institutions
Article 31 – Repealed
Saving of Certain Laws
Article 31A – Saving of Laws providing for acquisition of estates
Article 31B – Validation of certain Acts and Regulations
Article 31C – Saving of laws giving effect to certain Directive Principles
Article 31D – Repealed
Right to Constitutional Remedies
Article 32 – Remedies for enforcement of rights conferred by this part
Article 33 – Power of the parliament to modify the rights conferred by this Part in their application to forces
Article 34 – Restriction on rights conferred by this Part while martial law is in force in any area
Article 35 – Legislation to give effect to the provisions of this part.
UNIT V THE DIRECTIVE PRINCIPLES OF STATE POLICY
The Directive Principles of State Policy are part and parcel of the Democracy and welfare of the people. Particularly they are devoted to promoting the prosperity and well-being of the people. The Directive Principles cannot be compared with the Fundamental Rights. Both have different concepts. The Fundamental Rights protects the citizens from the State’s excess political interference and restraints. The Directive Principles give oxygen to the ruling parties to implement the welfare programs from time to time, which are beneficial to the people. The Fundamental Rights can be enforced in court of law. The Directive Principles cannot be enforced in the court of law.
While the Fundamental Rights are enforced by the court of law, the Directive Principles are enforced by the people’s sovereignty. The political parties are responsible and accountable to the People for implementing the Directive Principles.
Objects: The Fundamental Rights are primarily aimed at assuring political freedom to the citizens by protecting them against excessive negative state policy. Whereas the Directive Principles are aimed securing at social and economic freedom by appropriative and positive state action. Both of them constitute the conscience of the constitution. The purpose of Fundamental Right is to create an egalitarian society, to free all citizens from coercions or restrictions by state and to make liberty available to all. The purpose of Directive principles is to fix certain social and economic goals for immediate attainment by bringing about a non-violent social revolution. Through such social revolution, the Constitution seeks to fulfill the basic needs of the common men and to change the structure of our society. It aims at making the masses free in a positive sense. Without faithfully implementing the Directive Principles, it is not possible to achieve the Welfare state contemplated by the Constitution.
Below are the Directive Principles:
STATE TO SECURE A SOCIAL ORDER FOR THE PROMOTION OF WELFARE OF THE PEOPLE.
Article 38 imposes the duty on the State that the state shall provide livelihood to all citizens equally, equal pay for equal work for both men and women, health and strength to the workers, and to afford opportunities and facilities to children and youth for the development mentally, morally, health etc.
CERTAIN PRINCIPLES OF POLICY TO BE FOLLOWED BY THE STATE
In accordance with the spirit and provisions of Article 39, the Central Government has been implementing Five Year Planning and enacted several Labor and industrial laws for the welfare of the workers in common, and special laws for working women and prohibition of child employment.
Equal pay for Equal work.
EQUAL JUSTICE AND FREE LEGAL AID
Article 39 A and Sec. 304 Cr.PC:These two articles and one section are iner-linked and interpreted relating to the criminal cases. Section 304 CrPC is a statutory provision. Article 39 – A is a constitutional provision, but cannot be enforceable. However, the Supreme Court took the assistance of Article 21 to interpret Article 39 – A and Section 304, and made Equal Justice and Free Legal Aid as a Fundamental Right in nature. Now the State cannot deny this right to any poor person.
The object of the Article 39-A is to secure Justice to the poor people by giving free legal aid.
ORGANISATION OF VILLAGE PANCHAYATS ART 40
RIGHT TO WORK, TO EDUCATION AND TO PUBLIC ASSISTANCE IN CERTAIN CASES
Article 41 directs the State that depending upon its economic capacity and development, it is the duty of the State to provide right to work, right to education and right to assistance.
PROVISION FOR JUST AND HUMANE CONDITIONS OF WORK AND MATERNITY RELIEF
Article 42 intends to achieve two objects (i) to achieve just and human conditions of work for all the workers (male or female) and (ii) to provide maternity relief for the women workers.
LIVING WAGE, ETC FOR WORKERS ART 43
Classification of Wages: The Supreme Court of India classified wages into three categories (i) the Living Wage (ii) the Fair wage (iii) the minimum wage. The Living wage stands for the highest standard wages. The Minimum wage stands for the lowest and the minimum standard wages. The Fair Wage stands in between the Living Wage and The Minimum wage.
PARTICIPATION OF WORKERS IN MANAGEMENT OF INDUSTRIES
Article 43-A has been inserted in the constitution by the constitution (Forty Second Amendment Act, 1976). It provides that the state shall make the laws so that the workers shall participate in the management of industries.
UNIFORM CIVIL CODE FOR CITIZENS
Article 44 imposes the duty upon the State that the State shall endeavor for the citizen a uniform civil code throughout the territory of India.
Penal Laws: There are several Personal Laws in India, Hindu Laws, Muslim law, the Christian, Judaism, Buddhism, Jainism etc. In general, in every country, there is only one religion, Islam in Pakistan and Bangladesh, Budhism in Srilanka.
Uniform Civil Code: Seeing all this, the framers of the constitution intended to have a uniform Civil Code. Therefore, they had drafted Article 44 (Uniform Civil Code for the Citizens). However, it has not yet come into existence due to political causes.
ORGANISATION OF AGRICULTURAL AND ANIMAL HUSBANDRY
Article 48 intends to get two golden goals b (1) Development of agriculture and (ii) animal husbandry on modern and scientific lines. The animal husbandry shall be developed by (i) improving the breeds (ii) prohibiting the slaughter of cows and calves and other milk and drought cattles.
PROTECTION AND IMPROVEMENT OF ENVIRONMENT AND SAFEGUARDING OF FORESTS AND WIL LIFE.
ENVIRONMENT: The modern technology and increase of the industries and motor transport, increase of population, the environmental pollution has been increasing from the last forty years.
FORESTS: due to the increase of the population, deforestation started. The deforestation resulted in drought. It is a chain system.
WILD LIFE: Man is also an animal. Comparing with a tiger, man is very weak. Due to intelligence, man invented weapons. He began to kill all kind of wild animals indiscriminately.
CONSTITUTIONAL AMENDMNET: India, as a Member State participated, signed and ratified Several International Conventions. The Supreme Court accepted the petitions under the PIL and gave Judgments in several environmental cases.
THE ENVIRONMENTAL LAWS: For the protection of the environment, forests and wildlife, the Parliament enacted several laws.
1- The Environment (Protection Act
2- The Air Act
3- The water Act
4- The Forest Act
PROTECTION OF MONUMENTS AND PLACES AND OBEJCTS OF NATIONAL IMPORTANCE
SEPARATION OF JUDICIARY FROM EXECUTIVE, INDEPENDENCE OF JUDICIARY
Article 50 directs the State for the separation of judiciary form Executive, it means that the independence of judiciary in decision making. It also means that the executive should not interfere with the function of judiciary.
There are three organs of government, Legislature, Executive, Judiciary. There three organs should not interfere in each other’s areas. Legislature in the duty of the parliament. The legislature power is given to the parliament and the state legislature. The administrative powers are given to the executives. The judicial powers are given to the courts.
RAJNARAYAN VS. INDIDRA GANDHI
PROMOTION OF INTERNATIONAL PEACE AND SECURITY
The National Law (Municipal Law): every recognized country shall have its own law, irrespective of its size and population. It is called national law.
The International Law: Since the beginning of the 20th century, International Law has been developing. On the failure of the League of Nations, the United Nations Organization was established on 24-10-1944 after the Second World War. International law is created by the consent of the majority of the countries, by way of covenants and Conventions. When member state signs and ratifies an international covenant, it shall be binding in that country.
To promote International Peace and Security: the majority of Indians belong to the Hindu religion. Always India likes to be a peaceful country. It has never invaded on other countries. However, India has become an attractive point for foreign invasions. The same thing has been incorporated in clause (a), the state, India, should promote international peace and security.
To maintain just and honorable relations between nations:
To foster respect for international law.
To encourage settlement of international disputes by arbitration.
THE FUNDAMENTAL DUTIES
The object of Part IV –A is to achieve National Integrity and Respect. Its object is to make every citizen to realize that he has certain duties towards the Nation.
Explains the Fundamental Duties (Article 51A) of the Indian constitution:
(a) To abide by the constitution and respect its ideals and institutions, the National Flag and the National Anthem.
(b) To cherish and follow the noble ideals which inspired our national struggle for freedom
(c) To uphold and protect the sovereignty and integrity of India.
(d) To defend the country and render national service when called upon to do.
(e) To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities, to renounce practices derogatory to the dignity of women.
(f) To value and preserve the rich huge of our composite culture.
(g) To protect and improve the natural environment including forests, lakes, rivers, and wild life and to have compassion for living creatures.
(h) To develop the scientific temper, humanism and the spirit of inquiry and reform.
(i) To safeguard public property and to adjure violence
(j) To strive towards excellence in all spheres of individual and collective activity so that the national constantly rises to higher levels of endeavor and achievements.
(k) Who is a parent or guardian to provide opportunities for education to his child or as the case may be ward between the age of six and fourteen years.
Article 51A of Fundamental Duties of the Indian Constituion are imposed by the State upon the citizens. It is the duty of the citizens to perform their duties towards his country. The State wants from the citizens to abide with his duties.
We have to think seriously that we are doing our Fundamental Duties towards our country. Are we obeying the laws? It is very clear that our brothers not obeying the Covid19 rules. Not only the common public, but our leaders also not following these rules. We arranging functions and festivals without considering the rules related to Covid19.
Our leaders and rulers doing their Article 51A – Fundamental Duties towards our country? We can see thousands of scandals amounting to Billions. No political party is having exception. Our executives and officials are also not an exception. If the above-mentioned class of people was duty bounded citizens, our country’s face would be different.
It is shameful to hear that the Indians holding the biggest amount of accounts in Swiss Banks. If they were duty bounded citizen, such a situations of looting the nation’s money never would have been happened.
This Article is Authored by Ahammed Kutty Pakath, LL.B Student at Karnataka State University.