1.

principles

2. Gandhanian primciple [ article 40,43, 43(b), 46, 47, 48 ]

other than the socialistic principles, the part 4 of the constitution also inculdes
Gandhanian principles. These are the principles which have been incorporated into the
consti at the time of framing. And it includes the ideals of gandhi and his point of
view which helped Indians in their freedom stuggle.
~ article 40: Organisation of village panchayats : According to this The state shall
take steps to organise village Panchayats and endow them with such powers and
Authority as may be necessary to enable them to function as units of self-government.
The idea underlying this constitutional provision is to introduce democracy at the
grassroot level . This article does not prescribe as to what power should be given to
Punjabi its or what this structure should be And therefore the punchayat made BE
different From State to state. Further it does not give any guidelines for organising
village Panchayats. In the Words of Supreme Court, " The village panciats are
envisaged By the article as the base democratic institutions of a Pyramid of the
democratically organised and functioning self-governing units."
• For this purpose, while organising village punjabi cities necessary to keep in mind
falling factors 1) The village punjabi itself governing units at the lowest end of the
democratic polity 2) Being self-governing units, those who are governed by them,
and for Whose benefit they are going to operate will have either a direct or elective
indirect representation. 3) They will have an effective say in the conduct of their
affairs including its plans, policies and programs and their execution 4) They will
have not only a sense and satisfaction of participation but also an experience in
governance of their own affairs.
• In order to meet the following objectives article 40 was included.

~ article 43 : Living wage for workers. : According to this the State shall ensure all
the workers agricultural industrial or otherwise work a living wage conditions for
work, a decent standard of life, and full enjoyment of leisure and social and cultural
opportunities. It for the mentions that the state shall promote cottage industries on an

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 individual or cooperative bases in rural areas. This particular article shows that the
Constitution makers had deep concern for welfare of workers. A living wage is such
wage as enables a male owner to provide for himself and his family not merely The
bare essentials of food clothing and shelter but a measure of frugal comfort including
education for children protection against bad health requirements of essential social
needs and a measure of insurance against the most important misfortunes including
old age. A minimum wage on the other hand is just sufficient to cover the bare
physical needs of a worker and his family.
Minimum wages under minimum wages act has been characterized as " Just the first
step" In the direction of fulfilling the mandate of article 43. Article 43 is not only
covered as one under gangnam style Anthony and principal but also under
sociological principle. The basic framework of socialism is to provide a decent
standard of life to the working people and especially to provide security from cradle
to Grave.
~43 (b) : This artalks about promotion of cooperative societies: The state shall
promote voluntary formation, AUTONOMOUS functioning, Democratic control and
professional management of cooperative societies. This was added by constitution
97th amendment act. This aims at revitalising cooperative societies with the view to
ensure their contribution to economic development of the country.

~article 46 - Promotion of educational and economic interest of schedule cast

schedule Tribe and other weaker sections: This article obligates the State to promote
with special care the educational and economical interest of weaker section of people
and in particular of scheduled tribes and schedule cast and to protect them from social
injustice and from other forms of exploitation. In the case of ' Society for unaided
private schools of Rajasthan VS Union of India' The Supreme Court held that the
expression vehicle section in article 46 is wider than backward class. The backward
citizens in article 164 do not comprise all the weaker sections of people but only those
which are socially educationally and economically backward and which are not
adequately represented in the services under the state. For the expression weaker.
sections can also take within its compass individuals who constitute weaker of weaker
parts of societies. This article supplements article 15 [2] , 15(4) , 16, 17 , 29(2).

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 ~ 47 - Duty of State to raise the level of nutrition and standard of living and to
improve public health. The State shall regard the raising of level of nutrition and
standard of living of its people and the improvement of public health as mum it's
primary duties. The state shall prohibit the consumption except for medical purposes
of intoxicating drinks and of drugs which are injurious to health. This article
particularly obligates the State to make such laws which would raise the standard of
living of the people and it is considered as the basic primary duty of these date. In the
case of ' PASCHIM BANGA' It was held that It is the constitutional obligation of the
state to provide adequate medical services to the people whatever is necessary for the
purpose has to be done
~ article 48 : Organisation of agriculture and animal husbandary. Under this state is
obligated to organize agriculture and animal husbandry on modern and scientific
lines. The state is obligated to take steps for preserving and improving the breeds and
prohibiting the slaughter of cows and coves and other milch and draught cattles. In the
case of ' QUAREAHI V S OF BIHAR' Supreme Court emphasized that in article 48
3rd director for taking steps for preventing slaughter of certain specified categories of
animals is quite explicit and positive. It is an aspect for organising animal husband do
you modern and scientific lines. The quote had to find that directive and article 48
contemplates protection Only of cows and carves and other Animals which are
presently or potentially capable of yielding milk. The state is to prohibit the slaughter
of Milch and draught cattle onli.

3. LIBERAL PRINCIPLES. [ ARTICLE 44,44,48,48[A], 49,50,51 ]

~ article 44 : Uniforms will code for citizens: Article 44 requires the state to strive to
secure for all citizens of India uniform civil code throughout India. An objection was taken to
this provision constituent assembly by several Muslim members who apprehended that their
personal law might be abrogated. This objection will met by pointing out 1) That India had
already achieved a uniformity of law over a vast area 2) That though there was diversity in
personal laws, there was nothing sacrificed about them. 3) The circular activities such as
inheritance covered by personal law should be separated From the religion 4) That the
uniform law would promote national unity.

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However not much progress has been made so far towards achieving the ideal or uniform
civil code which still remains a distant dream. The only tangible step taken in direction has
been qualification and securization of hindu law. The qualification of Muslim law still
remains sensitive matter though enlightened muslims opinion appear to favor such a step. In
order to grow it is believed that it is necessary that law should be divorced from religion.
With the uniform good circular rhythm will be strengthened much of a present day separation
and divisiveness between various religious groups in the country will disappear in India will
emerge as more cohesive and integrated nation.

In case of "mohd. Ahmed khan v shah bano" The court ruled that Muslim husband is liable to
payments to the divorce to divorce to buy beyond the iddat period.

~ article 45 - Provision for early childhood care and education to children Below the age of 6
years. According to this the stateIs obligated to provide early childhood care and education
for all children until they complete the age of 6 year. This particular provision Is to be read
with article 21 a which talks about right to education. In India there is a huge problem of
child labour that is being faced. Children who are the future of the nation are still being
employed in hstardust conditions and work ,not paid enough And are not able to grow in Lee
and fulfilling environments. Various acts has been made by the legislature to combat the same
child labour prohibition and regulation at 1986 was also a bold step.

~ article 48 Organisation of agriculture and animal husbandry.

~ articlw 48 A ;: Protection and improvement of environmental safeguarding Forest and

wildlife. The state is obligated to protect and improve the environment and to safeguard the
forest and wildlife of the country. There is a present growing consciousness and awareness
that suitable measures be adopted to protect environment for a distant wildlife to enable
effective steps being taken for a purpose, wildlife and forest have now been placed in a
concurrent list so that the Central government may play a meaningful role in the increasingly
significant area

And at this to protect environmental ecology the court can take affirmative actions by
mandating the state to take action for that purpose. The courts also seek to draw a balance
between preservation of environmental sustainable development, they have to adjust and

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reconcile between the imperatives of preservation of environment and the development of the
economy. In the case of, MC Mehta Versus Union of India, the Supreme Court has issued
several directions in order to protect Taj Mahal from deterioration on account of
environmental pollution. And this is what is given in article 49.

~ Article 49 talks about protection of monuments and places and object of national
importance and under this these states is obligated to protect every monument or place or
object or artistic or historic interest declared by or under law made by Parliament to be of
national importance from spoilation disfigurement destruction removal disposal or export, as
the case maybe. In the case of, mc Meta versus Union of India, the court has issued several
directions in order to protect Taj Mahal from deterioration on account of environmental
pollution. With the growing environmental issues it is necessary that the historical are the
places or monuments that are of national importance to be protected. And article 49 talks in
that regard. It is important to talk about the issue of erosion of the culture of an entire people
in the sun because of huge influx of illegal immigrants in such a way they will ultimately be
swamped by persons who have no right to continue to live in this country the code held in
SONOWAL case, That such an influx is an external aggression within the meaning of article
355 of constitution. The court was of opinion that not only there is an assault on the life of
citizen of the state but there is also an assault on the life of the people as well.

~ 50 : Article 50 talks about separation of judiciary from executive. Under this the state is
obligated to take steps to separate the judiciary from the executive in the public services of
the state. This is also based on the bedrock principle of independent of judiciary. It requires
the state to take steps to separate judiciary from public services of the state this means that
there shall be separate judicial services 3 of executive control . The separation of Judiciary
from executive is regarded as a very necessary element and proper administration of Justice
in the country. The The separation of fast between the legislature executive and judiciary
constitutes one of the basic features of the Indian constitution. In the case of,
KESHAVANANDA BHARTI V UOI, It was held that independence of Judiciary is
important and Judicial review cannot be removed and a blanket ban Cannot be imposed on
the working of the judiciary.

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~ 51 : And others the state is obligated to promote the International peace and security: The
state is obligated to

51 (a) Promoting the national basin security

51 b: Maintain just an honourable relations between nations

51 c Foster respect for International law and treaty obligations in the dealings of organised
people with one another

51 d : Incurred settlement of International disputes by adventuration.

In the case of keshavananda, It was held that article 51 of constitution must be interpreted
In the light of United Nations charter and declaration subscribe to by India. This
constitutional provision thus embodies the principles which the Indian foreign policy is to
follow . It is important to know that article 51(c) Does not deal with the Enforcement Or
implementation of treaties.

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FUNDAMENTAL DUTIES :

The Constitution 42nd amendment actIntroduce the innovative concept of fundamental

duties of Indian citizens of the Constitution. For this purpose, a new part 4 A , consisting of
article 51 a has been added to the Constitution. Article 51 A lays down the following
fundamental duties:

a. To abide with the constitutional respect its ideals and institutions, the national flag and the
national anthem

b. The charition followed the noble ideals which inspired the national struggle for freedom

c. To a pulled and protect the sovereignty unity and integrity of India

d. Could you defend the country and render national service when called upon to do so

e. To promote how many and the spirit of common brotherhood amongst the people of India
transcending religious, linguistic and The regional diversiies, To renounce practices
derogatory to dignity of women

f. To value and preserve the retired of our composite culture

g. To protect and improve the natural environment including forest, lake, river, Wildlife, and
to have compassion for living creature

H. To develop the scientific temper, humanism and the spirit of inquiry and reform

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I. To save God public property and to abjure violence.

J. 2 strive towards excellence in all spheres of individual and collective activities so that the
nation constantly rises to higher levels of achievement

K. Who is the parent of guardian to provide opportunities for education to his child or as the
case may be world between the age of 6 and 14 years.

This particular article refers only to Indian citizens and like some fundamental rights example
article 14 and 21 which applied to all persons whether citizens or nonCitizens. There are
various closes of article 51 a express fine sentiments. Some duties that have been mentioned
in this particular provision are already being enforced through ordinary law example there are
many laws making activity disrupting the sovereignty and territorial integrity of India illegal
and penal. Further there are various laws to safeguard public property and to punish all those
who commit violence. Most of the duties that have been mentioned in this provision are
legally enforceable. But there are some of the duties that have been mentioned above appear
to be legally unenforceable because they are vague and not precise. For example duties
contained in b, f, h, j Do not convey any different ideas or ideals.

An important thing to note is that there is no provision clarifying the relationship between
fundamental duties and fundamental rights. The Supreme Court has said the fundamental
duties are implicit in the concept of fundamental rights, the former providing certain
restrictions on exercise of the latter.

The Supreme Court has said in the case of, sham narayan chouskey (2017) v uoi, That this
provision of constitution enjoying the duty on every citizen of India the duty to respect the
ideal and institutions, including the national flag in national anthem the court also issued
clarifications regarding what would constitute This respect and what would not

In the case of, bijou Emmanuel Versus State of Kerala, It was held that a person who
respectfully stands during the national anthem but refuses to sing due to the religious beliefs
cannot Be said to Disrespect the national anthem.