Directive Principles of State Policy (Part 3) -UPSC IAS Exam- Indian Polity...

Directive Principles of State Policy (Part 3) -UPSC IAS Exam- Indian Polity -by Dr Ashok Dhamija

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Directive Principles of State Policy laid down in the Constitution from Articles 44 to 51 are discussed in this Part 3 (also freely subscribe to our YouTube Education channel with about 100 free videos on UPSC IAS and other competitive examinations):

Article 44 of the Constitution

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.

Notes on Article 44

Supreme Court in Mohd. Ahmed Khan v. Shah Bano Begum, (1985) 2 SCC 556:

“It is also a matter of regret that Article 44 of our Constitution has remained a dead letter. … … There is no evidence of any official activity for framing a common civil code for the country…. A common Civil Code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies. No community is likely to bell the cat by making gratuitous concessions on this issue. It is the State which is charged with the duty of securing a uniform civil code for the citizens of the country and, unquestionably, it has the legislative competence to do so. A counsel in the case whispered, somewhat audibly, that legislative competence is one thing, the political courage to use that competence is quite another. We understand the difficulties involved in bringing persons of different faiths and persuasions on a common platform. But, a beginning has to be made if the Constitution is to have any meaning. Inevitably, the role of the reformer has to be assumed by the courts because, it is beyond the endurance of sensitive minds to allow injustice to be suffered when it is so palpable. But piecemeal attempts of courts to bridge the gap between personal laws cannot take the place of a common Civil Code. Justice to all is a far more satisfactory way of dispensing justice than justice from case to case.”

SC in Jorden Diengdeh v. S.S. Chopra, (1985) 3 SCC 62 : AIR 1985 SC 935:

“the law relating to judicial separation, divorce and nullity of marriage is far, far from uniform. Surely the time has now come for a complete reform of the law of marriage and make a uniform law applicable to all people irrespective of religion or caste. … … We suggest that the time has come for the intervention of the legislature in these matters to provide for a uniform code of marriage and divorce and to provide by law for a way out of the unhappy situations in which couples like the present have found themselves in. We direct that a copy of this order may be forwarded to the Ministry of Law and Justice for such action as they may deem fit to take.”

SC in Sarla Mudgal v. Union of India, (1995) 3 SCC 635 : AIR 1995 SC 1531:

“Article 44 is based on the concept that there is no necessary connection between religion and personal law in a civilised society. Article 25 guarantees religious freedom whereas Article 44 seeks to divest religion from social relations and personal law. Marriage, succession and like matters of a secular character cannot be brought within the guarantee enshrined under Articles 25, 26 and 27. The personal law of the Hindus, such as relating to marriage, succession and the like have all a sacramental origin, in the same manner as in the case of the Muslims or the Christians. The Hindus along with Sikhs, Buddhists and Jains have forsaken their sentiments in the cause of the national unity and integration, some other communities would not, though the Constitution enjoins the establishment of a “common civil code” for the whole of India.”

Likewise, in the case of John Vallamattom v. Union of India, (2003) 6 SCC 611 : AIR 2003 SC 2902, the Supreme Court regretted the delay in giving effect to Article 44.

Article 45 of the Constitution

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

[Note: This article has been substituted in place of the existing provision by the Constitution (86th Amendment) Act, 2002, w.e.f. 1-4-2010]

Notes:

  • Prior to this Amendment, Article 45 provided for free and compulsory education for all children until they complete the age of 14 years.
  • This Amendment also introduced Article 21-A as a fundamental right for free and compulsory education to all children of the age of 6 to 14 years.

Article 46 of the Constitution

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.

Notes:

  • Reservations in educational institutions and various other concessions have been provided to the SC / ST / other weaker sections.

Article 47 of the Constitution

47. Duty of the State to raise the level of nutrition and the standard of living and to improve public health.—The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption, except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

Notes:

  • Mid-day meal scheme for school children.
  • Various hospitals and other health facilities.

Article 48 of the Constitution

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.

Notes:

  • Several states have passed laws to prohibit slaughter of cows and/or its progeny.

Article 48-A of the Constitution

48-A. Protection and improvement of environment and safeguarding of forests and wild life.—The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.

[Note: This article has been inserted by the Constitution (Forty-second Amendment) Act, 1976 (w.e.f. 3-1-1977)]

Notes:

  • Forest Conservation Act, 1980.
  • Wildlife (Protection) Act, 1972.

Article 49 of the Constitution

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 interest, 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.

Notes:

  • The Ancient Monuments and Archaeological Sites and Remains Act, 1958, was enacted to provide for the preservation of ancient and historical monuments and archaeological sites and remains of national importance, for the regulation of archaeological excavations and for the protection of sculptures, carvings and other like objects.

Article 50 of the Constitution

50. Separation of judiciary from executive.—The State shall take steps to separate the judiciary from the executive in the public services of the State.

Notes:

  • This has been achieved by the enactment of the Criminal Procedure Code, 1973, in place of the previous Cr.P.C. of 1898.

Article 51 of the Constitution

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

(d) encourage settlement of international disputes by arbitration.

Watch the YouTube video with full explanation:

This YouTube video is Part 3 of the video series on Directive Principles of State Policy laid down in the Constitution of India. Articles 44 to 51 are discussed in this Part 3.

This video is useful for the aspirants of the UPSC Civil Services Examination (for IAS, IPS, IFS, and Group-A Central Services) for the General Studies, Paper 2, for Indian Polity. This lecture is also useful for those appearing for Judicial Service Examinations in India, as also for law students, and also for aspirants of other competitive examinations.

This video has been prepared by Dr. Ashok Dhamija, a former IPS.

 

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