Constitutional Provisions and Directive Principles -

 

CONSTITUTION OF INDIA

·       Art. 14 Equality before laws

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India

 

·       Art. 15

The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

 

·       Art. 17 Abolition of untouchability

“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.

 

·       Art.19 Fundamental freedoms

All citizens shall have the right— (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions  [or co-operative societies] (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; (g) to practise any profession, or to carry on any occupation, trade or business.

 

·       Art.20(l) Protection against conviction / enhanced punishment under ex post facto law

No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

 

·       Art.20(2) Protection against double jeopardy

No person shall be prosecuted and punished for the same offence more than once

 

·       Art.20(3) Protection against self-incrimination

No person accused of any offence shall be compelled to be a witness against himself.

 

·       Art.21 Protection of life and personal liberty

No person shall be deprived of his life or personal liberty except according to procedure established by law.

 

·       Art.22 Right against arbitrary or illegal arrest

No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

 

·       Art.23(l) Abolition of bonded labour

Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

 

·       Art.32 & 226 Right to remedies for enforcement of human rights

 The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

 

·       Art.39

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 of 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.

 

·       Art. 39A 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.

DIRECTIVE PRINCIPIPLES OF STATE POLICY 

The Constitution lays down certain Directive Principles of State Policy, which though not justiciable, are 'fundamental in governance of the country', and it is the duty of the State to apply these principles in making laws. These lay down that the State shall strive to promote the welfare of people by securing and protecting as effectively as it may, a social order, in which justice-social, economic and political-shall form in all institutions of national life. The State shall direct its policy in such a manner as to secure the right of all men and women to an adequate means of livelihood, equal pay for equal work and within limits of its economic capacity and development, to make effective provision for securing the right to work, education and to public assistance in the event of unemployment, old age, sickness and disablement or other cases of undeserved want. The State shall also endeavour to secure to workers a living wage, humane conditions of work, a decent standard of life, and full involvement of workers in management of industries.

In the economic sphere, the State is to direct its policy in such a manner as to secure distribution of ownership and control of material resources of community to subserve the common good, and to ensure that operation of economic system does not result in concentration of wealth and means of production to common detriment.

Some of the other important directives relate to provision of opportunities and facilities for children to develop in a healthy manner; free and compulsory education for all children up to the age of 14; promotion of education and economic interests of scheduled castes, scheduled tribes and other weaker sections; organisation of village panchayats; separation of judiciary from executive; promulgation of a uniform civil code for whole country; protection of national monuments; promotion of justice on a basis of equal opportunity; provision of free legal aid; protection and improvement of environment and safeguarding of forests and wildlife of the country; promotion of international peace and security; just and honourable relations between nations; respect for international law; treaty obligations; and settlement of international disputes by arbitration.


 The right to compulsory primary education which is referred to in Art. 13(2)(a) of the ICESCR (J.P. Unikrishanan vs. State o/A.P.)16

 (ii) The right to health which referred to in Art.12 (1) (a) of the ICESCR (State of Punjab vs. Mohinder Singh Chawla)17

 (iii) The right to shelter which is referred to in Art.ll(l) of the ICESCR (U.P. Awas Avam Vikas Parishad vs. Friends Coperative Housing Society Ltd)18 

(iv) The right to food which is again referred to in Art. 11 (1) of the ICESCR (Madhu Kishwar vs. State of Bihar)19 

(v) The right equal pay for equal work which is referred on in Art. 7 (a)(1) of the ICESCR (Randhir vs. Union of Indians,20 (vi) Right to legal aid (Madhav vs State of Maharashtra)

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