POLITY LECTURE 4

D.P.S.P.

DR SIDHARTH ARORA
SIDLIVE
TO MAKE THE MOST OF THESE SERIES-FOLLOW THESE
STEPS!
PLEASE WATCH PREVIOUS CLASS VIDEOS AT LEAST 3 TIMES EACH- ESPECIALLY IF JOINING IN THE MIDDLE
OF THE COURSE. MAKE SURE ALL THE PREVIOUS SESSIONS ARE THOROUGHLY REVISED BEFORE YOU COME TO
THE CLASS.
READ NCERT BOOKS- CLASS 6-12.CONTINUE READING LAXMIKANTH
READ NEWSPAPERS- THE HINDU or INDIAN EXPRESS EVERYDAY
THERE WILL BE REGULAR DOUBT SESSIONS TO ADDRESS YOUR QUERIES.
MAINTAIN DECORUM AND DISCIPLINE IN THE CLASS. ANY DISTURBING/FOUL/PERSONAL OR POLITICAL
COMMENTS WILL NOT BE TOLERATED. YOU MAY BE BLOCKED FOR THIS ACTION.
MAKE RUNNING NOTES OF THE CLASS. NO pdf SHALL BE SHARED UNLESS DEEMED REALLY NECESSARY BY THE
EDUCATOR
BEING LATE FOR THE CLASS WILL ADVERSELY AFFECT YOUR UNDERSTANDING OF THE SUBJECT. MAINTAIN
PUNCTUALITY.
THE MEDIUM OF TEACHING IS BILINGUAL.EVERY POSSIBLE ATTEMPT WILL BE MADE TO EXPLAIN A
TOPIC.PLEASE DON’T INSIST ON ANY PARTICULAR LANGUAGE FOR TEACHING.
Please DO NOT look at the comments which are
made only for the purpose of ‘Showbaazi’ or
‘Gyaanbaazi’.You will be distracted/learn
wrong things or outright FAIL!
 CONNECT WITH ME ON TELEGRAM

https://tinyurl.com/SIDHARTHPOLITY
WELFARE STATE
RELATION BETWEEN F.R. AND D.P.S.P
OVER THE YEARS
 PART

ARTICLE 36- ARTICLE 51

ARTICLE 36
36. Definition In this Part, unless the context otherwise requires, the State has the same meaning as in
Part III

'STATE'-SAME AS IN PART 3
ARTICLE 37
 Application of the principles contained in this Part
The provisions contained in this Part shall not be enforceable by any court, but the principles therein
laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the
State to apply these principles in making laws
DPSPs are ENFORCED by passing LAWS
ARTICLE 38
 Article 38
State to secure a social order for the promotion of welfare of the people.

1. The State shall strive to promote the welfare of the people by securing and protecting as effectively
as it may a social order in which justice, social, economic and political, shall inform all the institutions
of the national life.
2. The State shall, in particular, strive to minimise the inequalities in income, and endeavour to
eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also
amongst groups of people residing in different areas or engaged in different vocations.
ARTICLE 39
THE STORY OF ARTICLE 31-C
 'POLITY DADI' KI KAHAANI

OLD STORY
 Article 31C which provides that if any law is passed to give effect to
the Directive Principles contained in clauses (b) and (c) of article 39
and contains a declaration to that effect, such law shall not be deemed
to be void on the ground that it takes away or abridges any of the rights
contained in article 14, 19 or 31 and shall not be questioned on the
ground that it does not give effect to those principles.
31C. Saving of laws giving effect to certain directive principles Notwithstanding
anything contained in Article 13, no law giving effect to the policy of the State
towards securing all or any of the principles laid down in Part IV shall be
deemed to be void on the ground that it is inconsistent with, or takes away or
abridges any of the rights conferred by Article 14 or Article 19 and no law
containing a declaration that it is for giving effect to such policy shall be
called in question in any court on the ground that it does not give effect to
such policy:
'EXTENDED PART' NOT
ALLOWED
 Article 39
39. Certain principles of policy to be followed by the State: The State shall, in particular, direct its
policy towards securing
(a) that the citizens, men and women equally, have the right to an adequate means to livelihood;
(b) that the ownership and control of the material resources of the community are so distributed as
best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth and
means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children are not
abused and that citizens are not forced by economic necessity to enter avocations unsuited to their
age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are protected against exploitation and
against moral and material abandonment
(a) that the citizens, men and women equally, have the right to an
adequate means to livelihood;
 (b) that the ownership and control of the material resources of the
community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the
concentration of wealth and means of production to the common
detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the
tender age of children are not abused and that citizens are not forced
by economic necessity to enter avocations unsuited to their age or
strength;
(f) that children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity and that
childhood and youth are protected against exploitation and against
moral and material abandonment
ARTICLE 39-A
 Equal justice and free legal aid
The State shall secure that the operation of the legal system promotes justice,
on a basis of equal opportunity, and shall, in particular, provide free legal aid,
by suitable legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied
to any citizen by reason of economic or other disabilities.
ARTICLE 40
 Organisation of village panchayats
The State shall take steps to organize village panchayats and endow them with
such powers and authority as may be necessary to enable them to function as
units of self-government
LOCAL GOVERNMENT
ARTICLE 41
Right to work, to education and to public assistance in certain cases.

The State shall, within the limits of its economic capacity and
development, make effective provision for securing the right to work,
to education and to public assistance in cases of unemployment, old
age, sickness and disablement, and in other cases of undeserved
want.
ARTICLE 42
Provision for just and humane conditions of work and maternity relief

The State shall make provision for securing just and humane
conditions of work and for maternity relief.
ARTICLE 43
 Living wage, etc, for workers

The State shall endeavour to secure, by suitable legislation or economic

organisation or in any other way, to all workers, agricultural, industrial
or otherwise, work, a living wage, conditions of work ensuring a decent
standard of life and full enjoyment of leisure and social and cultural
opportunities and, in particular, the State shall endeavour to promote
cottage industries on an individual or co-operative basis in rural areas
ARTICLE 43 A
 The State shall take steps, by suitable legislation or in any other
way, to secure the participation of workers in the management of
undertakings, establishments or other organisations engaged in any
industry.
Ins. by the Constitution (Forty-second Amendment) Act,1976
ARTICLE 43B
The State shall endeavour to promote voluntary formation, autonomous
functioning, democratic control and professional management of.
co-operative societies.
Article 43B Ins. by the Constitution (Ninety-seventh Amendment) Act, 2011
PART IX-B OF THE CONSTITUTION ADDED
DOCTRINE OF SEVERABILITY
DOCTRINE OF SEVERABILITY
DOCTRINE OF SEVERABILITY
DOCTRINE OF SEVERABILITY
DOCTRINE OF SEVERABILITY
ARTICLE 44
 Uniform civil code for the citizens
The State shall endeavour to secure for the citizens a
uniform civil code throughout the territory of India
 Uniform Civil Code (UCC) is a proposal in India to formulate and
implement personal laws of citizens which apply to all citizens
equally regardless of their religion, gender and sexual orientation.
Currently, the personal laws of various communities are governed by
their religious scriptures.
 'POLITY DADI' KI KAHAANI

OLD STORY
SHAH BANO CASE
 MUSLIM MARRIAGE ACT

NO MAINTENANCE AFTER DIVORCE

MAINTENANCE UNDER SECTION 125 CR.P.C
(b) " wife" includes a woman who has been divorced by, or has obtained a
divorce from, her husband and has not remarried.
It stated that after divorce if the wife is not able to maintain herself she is entitled to
maintenance from her husband until she gets married again.
The legitimate or illegitimate minor( married or unmarried both) who are not able to
maintain themselves.
The legitimate or illegitimate major child with physical or mental injury due to which
she/ he is not able to maintain itself ( married daughters are not included in this).
Father or mother who are not able to maintain himself or herself.
The act applies this provision to Muslim women also who are not entitled to the
maintenance after the period of Iddat. This act creates liability over husband to provide
maintenance to wife even after the period of Iddat.
Section 125 of the Code of Criminal Procedure applies to all citizens, regardless of their religion.
Section 125 overrides personal law if there is any conflict between the two.
The obligation of a Muslim husband to provide maintenance for a divorced wife who is unable to
maintain herself extends beyond the iddat period.
The rule according to Muslim Law that the obligation of a Muslim husband to provide maintenance
for a divorced wife is restricted to the iddat period is against humanity.
DIFFERENT OPINIONS
DIFFERENT OPINIONS
TALAQ-TALAQ-TALAQ

● IS IT EVEN ALLOWED?
● THE CORRECT LAW OF TALAQ,
(I) 'TALAQ' MUST BE FOR A REASONABLE CAUSE;
(II) IT MUST BE PRECEDED BY AN ATTEMPT OF RECONCILIATION
BETWEEN THE HUSBAND AND THE WIFE BY TWO ARBITERS( 1 FROM
EACH SIDE)
ONLY IF THEIR ATTEMPTS FAIL …..
'TALAQ' MAY BE AFFECTED.

REVOCABLE
SHAYARA BANO VS. U.O.I. 2016-2017
● TALAQ-I-BIDDAT
● MUSLIM MAN DIVORCING HIS WIFE BY PRONOUNCING MORE
THAN ONE TALAQ IN A SINGLE TUHR - VIOLATES ARTICLE
14/15/21/25
● TRIPLE TALAQ IS NOT AN ESSENTIAL TENET OF THE RELIGIOUS
BELIEF OF THE MUSLIMS IT IS NOT SAVED BY ARTICLE 25 OF
THE CONSTITUTION OF INDIA.
THERE WERE SEVERAL IN THE PAST:

SHAMIM ARA V. STATE OF U.P

MOHD. AHMAD KHAN V.SHAH BANO BEGUM
DANIAL LATIFI V. UNION OF INDIA

ALL INDIA MUSLIM PERSONAL LAW BOARD (AIMPLB) “THE

SUPREME COURT HAS NO JURISDICTION TO ADJUDICATE
OVER MUSLIM PERSONAL LAW….”
3:2 TALAQ-I-BIDDAT STRUCK DOWN
LAW NEEDED
●MUSLIM WOMEN(PROTECTION OF RIGHTS ON MARRIAGE) BILL
2019
TRIPLE TALAQ BILL.
LONG PATH TO VICTORY

WAS PASSED IN LAST YEAR'S WINTER SESSION DURING DECEMBER

2018
LAPSED AS THE RAJYA SABHA DID NOT CLEAR IT BEFORE THE
DISSOLUTION OF 16TH LOK SABHA.
TRIPLE TALAQ ORDINANCE ON FEBRUARY 21 NEEDS TO BE
REPLACED BY THE PRESENT BILL.
FINALLY

● PRONOUNCEMENT OF TALAQ-E-BIDDAT, INCLUDING IN WRITTEN OR

ELECTRONIC FORM, TO BE VOID AND ILLEGAL.
●OFFENCE PUNISHABLE WITH IMPRISONMENT FOR A TERM
WHICH MAY EXTEND UP TO THREE YEARS AND FINE.
● COGNIZANCE OF THE OFFENCE: ONLY ON COMPLAINT LODGED BY THE
VICTIM WIFE OR HER CLOSE BLOOD
RELATIVES.
OTHER PROVISIONS:

● COMPOUNDABLE AT THE INSTANCE OF THE WIFE ON SUCH

TERMS AND CONDITIONS AS DEEMED FIT BY THE
MAGISTRATE.

● BAILABLE, AND MAGISTRATE CAN GRANT BAIL, BUT

ONLY AFTER HEARING THE WIFE.
● GRANT OF CUSTODY OF THE MINOR CHILD TO THE
WIFE.
● MAINTENANCE SUITABLY DETERMINED BY THE
MAGISTRATE.
SOME CHANGES

● WAS COGNIZABLE

● WAS NON-BAILABLE WAS NON-

● COMPOUNDABLE
MANY MANY ATTACKS……

CRIMINALIZED A CIVIL WRONG??

WHY PUNISHMENT FOR DIVORCE??
IF ARRESTED-HOW WILL HE PAY
MAINTENANCE?
GENDER JUSTICE
AND
EQUALITY
SUMMARY:
●RULE OF LAW
●JUSTICE IS OF PARAMOUNT IMPORTANCE
●INSTANT TALAQ IS VIOLATIVE OF ISLAMIC
LAW
TOO!
ARTICLE 45
 Provision for free and compulsory education for children
The State shall endeavour to provide, within a period of ten
years from the commencement of this Constitution, for free
and compulsory education for all children until they
complete the age of fourteen years
 Provision for free and compulsory education for children
The State shall endeavour to provide, within a period of ten
years from the commencement of this Constitution, for free
and compulsory education for all children until they
complete the age of fourteen years
 ARTICLE 41

Right to work, to education and to public assistance in certain cases.

The State shall, within the limits of its economic capacity and
development, make effective provision for securing the right to work,
to education and to public assistance in cases of unemployment, old
age, sickness and disablement, and in other cases of undeserved
want.
86 CAA 2002
 Insertion of new article 21A.- After Article 21 of the Constitution, the following article shall be inserted, namely:-

Right to education.-

"21A. The State shall provide free and compulsory education to all children of the age of six to fourteen years in such
manner as the State may, by law, determine.".
3. Substitution of new article for article 45.- For article 45 of the Constitution, the following article shall be
substituted, namely:-.
Provision for early childhood care and education to children below the age of six years.

"45. The State shall endeavour to provide early childhood care and education for all children until they complete the
age of six years.".

Amendment of article 51A.- In article 51A of the Constitution, after clause (J), the following clause shall be added,
namely:-
"(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.".
NOTICE
ARTICLE 46
46. Promotion of educational and economic interests of Scheduled Castes,
Scheduled Tribes and other weaker sections

The State shall promote with special care the educational and economic
interests of the weaker sections of the people, and, in particular, of the
Scheduled Castes and the Scheduled Tribes, and shall protect them from
social injustice and all forms of exploitation
ARTICLE 47
On 26 November 2015, Bihar Chief Minister Nitish Kumar announced that alcohol would be banned in the
state from 1 April 2016. Kumar officially declared the total ban on 5 April 2016, and said in a press
conference, "All types of liquor will be banned in the state from today".
Vaccination-MID DAY MEAL program-etc.
ARTICLE 48
 48. Organisation of agriculture and animal husbandry
The State shall endeavour to organise agriculture and
animal husbandry on modern and scientific lines and shall,
in particular, take steps for preserving and improving the
breeds, and prohibiting the slaughter, of cows and calves
and other milch and draught cattle
 In a 1958 case, Mohd. Hanif Qureshi v. State of Bihar, the Supreme Court of India was called upon to
decide whether the cattle slaughter laws of Bihar, Uttar Pradesh, and Madhya Pradesh infringed on the
fundamental rights of the petitioners guaranteed under articles 14, 19(1)(g) and 25 of India’s
Constitution.
The petitioners were members of the Muslim Quraishi Community who were mainly engaged in the
butchers trade.
The Court found that the latter part of the directive in Art. 48 enjoins the state to prohibit the
slaughter of cows and calves and “…those animals which are presently or potentially capable of yielding
milk or of doing work as draught cattle but does not…extend to cattle which at one time were milch or
draught cattle but which have ceased to be such.”
The Court further held that directive principles should “conform to and run as subsidiary to the
fundamental rights” in the Constitution.
 In 2005, however, in State Of Gujarat vs Mirzapur Moti Kureshi Kassab, a seven-judge constitutional
bench of the Supreme Court partially overturned the long line of its own precedents it had established
since 1958 in Mohd. Hanif Qureshi. The Court upheld an amendment to the Bombay Animal Preservation
Act, 1954, the effect of which was to impose a total ban on the slaughter of bulls and bullocks of any
age (previously there was only a partial ban on the slaughter of bulls and bullocks that were under the
age of 16 years).
The Court argued that environmental principles and duties in articles 48-A and 51-A(g) of the
Constitution, which were introduced in 1976, were not available to the bench in Mohd. Hanif Qureshi.
The Court also challenged its previous holding that a total ban on the slaughter of bulls and bullocks was
an unreasonable restriction and not in the public interest as per the test provided in article 19(6) of the
Constitution. Here the Court made reference to changes in the factual situation in the country to justify
the law. The Court held that:

4. Bulls and bullocks remain useful past a certain age, since urine and dung are tremendously useful for
the production of manure and biogas, particularly as renewable sources of energy.
ARTICLE 48-A
ARTICLE 48-A INSERTED
BY 42 CAA 1976
48A. Protection and improvement of environment and safeguarding of forests
and wildlife

The State shall endeavour to protect and improve the environment and to
safeguard the forests and wildlife of the country
ARTICLE 49
 49. Protection of monuments and places and objects of national importance

It shall be the obligation of the State to protect every monument or place or object
of artistic or historic interests, declared by or under law made by Parliament to be
of national importance, from spoliation, disfigurement, destruction, removal,
disposal or export, as the case may be
ARTICLE 50
 50. Separation of judiciary from executive

The State shall take steps to separate the judiciary from the executive in the public services of the Stat
 For the most part of colonial India, the judicial and executive wings of administration were fused –
Indians had experience of how this compromised judicial independence.

the separation of the executive and judiciary was a long-standing demand of the freedom movement.
This demand was made at the very first meeting of the Congress in 1885 and thereafter in a range of
Congress resolutions.
 Judicial independence is essential for a vibrant democracy.
The judiciary is the protector of the Constitution and may have to strike down laws passed by the
executive and legislature.
Judicial independence is normally assured through the Constitution but may also be assured through
legislations, conventions, and other suitable norms and practices.
The independence of the judiciary depends on the totality of a favorable environment created and backed
by all state organs, including the judiciary and the public opinion.
The independence of the judiciary needs to be constantly guarded against unexpected events and the
changing social, political, and economic conditions.
SEPARATION OF POWERS
ARTICLE 51
 Promotion of international peace and security
The State shall endeavour to
(a) promote international peace and security;
(b) maintain just and honourable relations between nations;
(c) foster respect for international law and treaty obligations in the
dealings of organised peoples with one another;
and encourage settlement of international disputes by arbitration