Monday, April 12, 2010

Making of Indian Constitution - 3

1. Directive Principle of State Policy form Part IV of the constitution contains articles from 36 to 51.

2. Art. 39: - equal justice and free legal aid.

3. Art. 40: - Organisation of village Panchyat.

4. Art. 41: - Right to education, work and to public assistance.

5. Art. 42: - THe state shall make effective provision for securing just and humane conditions of work and for maternity relief.

6. Art. 43: - The shate shall secure to all workers a living wage, decent standard of life and full enjoyment of leisure and social and cultural opportunities. The state shall also promote cottage industries in rural areas on cooperative basis.

7. Art. 44: - Uniform civil code.

8. Art. 45: - Provision of free compulsory education for children of age group 5 - 14 years.

9. Art. 46: - safeguard of educational and economic interests of weaker sections specially SC and ST.

10. Art. 47: - Improvement of public health.

11. Art. 48: - Organisation of agriculture and animal husbandry and protection of environment.

12. Art. 49: - Protection of monuments and places and objects of national interests.

13. Art. 50: - Separation of judiciary from executive.

14. Art. 51: - Promotion of international peace

15. Art. 51 (A): - 10 Fundamental Duties were added by 42 nd Amendment, 1976. The 11th duty i.e. to provide opportunities for education to his child or as the case may be , ward between the age of 6 - 14 years - was added by the Constitution 86th Amendment Act.

16. According to B.N.Rau Directive Principle of State Policy were intended as 'Moral percepts for the authorities of the state..... they ahve at least an educative value.

17. Granville Austin considers DPSP to be 'aimed at furthering the goals of the social revolution or ... to foster this revolution by establishing the conditions necessary for its achievement.'

18. Ivor Jennings characterised DPSP as 'Pious aspiration'

19. India borrowed the idea of the DPSP from constitution of Ireland.

20. In the DPSP, the concept of a welfare state find elaboration.

21. The DPSP are non - justiciable.

22. 'DPSP are like a cheque on a bank payable at the convenience of the bank' - K. T. Shah.

23. DPSP seek to make the constitution an instrument of social change.

24. The enforcement of DPSP depends upon the resources available witht the government.

25. B.R. Ambedkar wanted DPSP to be the basis of the all future legislation.

26. 42nd Amendments made additions to the DPSP with regard to - participation of workers in the management of industry, protection of the environment and free legal aid to the poor.

27. In State of TamilNadu Vs. L. Abu Kavur Bai case in 1984, the Supreme court held that although directive principles are not enforceable, yet the court shouldn't avoid them.

28. Art. 350(A): - It is the duty of the Ofiicers of Concerned states to provide primary education in mother tongure to the people of minorities particularly to the children of minorities class.

29. Art. 351: - It will be the duty of the Union to spread Hindi language amongst the people of India which will develop our cultural and social element.

30. Art. 355: It will be under consideration to appoint the people of SC & ST in and as Union or states.

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